HomeMy WebLinkAboutMOU for planning, funding and implementation of a Joint Funding Program MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF AUBURN, KENT, RENTON,
TUKWILA, ALGONA, PACIFIC, FIFE, PUYALLUP
AND SUMNER FOR PLANNING, FUNDING, AND
IMPLEMENTATION OF A JOINT FUNDING
PROGRAM.
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant
to Chapter 39.34 RCW by the Cities of Auburn, Kent, Renton, Tukwila, Algona, Pacific,
Fife, Puyallup and Sumner, Washington hereinafter referred to as "Cities", to provide for
planning, funding, and implementation ofajoint funding program.
WHEREAS, the Cities engage in activities which support service providers in King
County; and
WHEREAS, the parties wish to make the most efficient use of their resources by
cooperating to provide funding to support service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to
engage in cooperative efforts which result in more efficient use of Government resources.
NOW THEREFORE, and in consideration of the terms, conditions and performances
made herein, it is agreed as follows:
1 Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement
between the Cities and a coalition of the mayors of the Cities colloquially known as the
"Valley Cities Association" for the purpose of addressing shared community issues,
including, but not limited to gang prevention and intervention.
2. Joint Participation.
a) Lead City. One of the party Cities will serve as Lead City and will be
designated by the Cities for contracting, with the Lead City determined as
shown in Exhibit A, a copy of which is attached hereto and incorporated
herein by this reference, to act as the fiscal and administrative agent for the
Cities. The responsibilities of the Lead City are described in Section 4
b) Participating City. A Participating City is a city participating in the
cooperative funding, who is not the Lead City Participating Cities are
identified in Exhibit A. A Participating City shall review quarterly reports
from the contracted agencies to provide services related to the shared
community issues, such as gang prevention and intervention. If a Participating
City becomes concerned with the Agency's services, it will promptly notify
the Lead City If a Participating City determines that the Agency is not
performing satisfactorily for their city, the Participating City reserves the right
to request the Lead City to withhold payments to the Agency for their share of
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funding. In the event that a claim or lawsuit is initiated by the Agency against
any City for withholding payment, the City requesting the withholding of
payment shall be responsible for settling or defending the claim or lawsuit. In
addition, in the event of any settlement of or judgment on the claim or lawsuit,
the City requesting that payment be withheld shall be fully responsible for the
payment of such settlement of judgment and shall indemnify, defend, and hold
harmless the other Cities for such settlement or lawsuit.
3 Funding Arrangement.
a) Allocation. Each Participating City shall provide to the Lead City no later
than March 31st of each year, the total annual funding allocation approved for
the Agency, as described in Exhibit A. No administrative costs shall be
imposed by the Lead City to the participating Cities. Exhibit A will be
updated each year to show the contracted Agency(ies), Lead City,
participating Cities, and funding amounts for that calendar year
b) Return of Unspent Funds. Any monies that the Agency(ies) does not spend
during the calendar year shall be proportionately returned to each Participating
City On or before March 3151 of the next calendar year the Lead City will
provide the unspent funds to each participating City
4 Responsibilities of Lead City. A Lead City has been designated to act as the fiscal and
administrative agent on behalf of the Cities for the Agency, as shown in Exhibit A. The
responsibilities of the Lead City shall include the following:
a) Send an invoice to each Participating City by January 30`h of each year for
their annual approved allocation to the Agency
b) Contract with the Agency each year, for the total funding allocated by the
Participating Cities, detailing performance measures to be performed by the
Agency for each City
c) Receive, review, and process the quarterly invoices and reports from the
Agency Quarterly reports shall describe services provided specifically to
each City Disputes regarding billings will be resolved among the
Participating Cities.
d) Provide copies of quarterly reports to the Participating Cities, if the reports are
not provided directly by the Agency
e) Provide the Agency with a funding application and technical assistance as
required.
f) Perform an annual monitoring visit of the Agency, to include the participation
of another Participating City
g) Maintain accounts and records which properly reflect transactions related to
this MOU
5 Duration. This MOU shall become effective when it is approved by a majority of the
Cities and shall remain in effect through December 31, 2012, with automatic extensions
annually, unless terminated as described in section 6.
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6 Termination. Am'party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given.
7 Notices. Notices to the Cities shall be sent to the following persons:
city Contact
Auburn Michael Hursh, Administration
Kent
Renton
Tukwila
Algona
Pacific
Fife
Puyallup
Sumner
8. Indemnification.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for properly damage and bodily injury, including death, caused by
the sole negligence or willful misconduct of such City the City's employees, affiliated
corporations, officers, and lower tier subcontractors in connection with this MOU
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington, solely for the purposes of this indemnification, for claims of any type
brought by any City agent or employee against the other Cities. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver
9 Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
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6, Termination. Any party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its finding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given,
7 Notices. Notices to the Cities shall be sent to the following persons;
city Contact
Auburn Michael Harsh,Administration
Kent K (�yy�sr i�bliCe Chit
Renton
Tukwila
Algona
Pacific
Fife
Puyallup
Sumner
8. Indemnification.
Each City agrees to indemnify the other Cities.from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused by
the sole negligence or willful misconduct of such City, the City's employees, affiliated
corporations,officers, and lower tier subcontractors in connection with this MOU.
Each City hereby waives its immunity under 'Title 51 of the Revised Code of
Washington, solely for the purposes of this Indemnification, for claims of any type
brought by any City agent or employee against the other Cities. This waiver Is
specifically negotiated by the patties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver.
9 Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000,00 per occurrence/aggregate for personal injury and properly
damage, In the event that a City is a member of a pool of self-insured cities, the City
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6. Termination. Any party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given.
7 Notices. Notices to the Cities shall be sent to the following persons:
Ci , Contact
Auburn Michael Hursh, Administration
Kent
Renton
Tukwila C h.y Ctrn.1_., C y f 7ek«i
&Jau SL)tl-f+G.Lke blur+.' akwUtlr. [,VA
Algona
Pacific
Fife
Puyallup
Sumner
8. Indemnification.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury including death, caused by
the sole negligence or willful misconduct of such City, the City's employees, affiliated
corporations, officers, and lower tier subcontractors in connection with this MOU
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington, solely for the purposes of this indemnification, for claims of any type
brought by any City agent or employee against the other Cities. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver
9 Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
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shall provide proof of such membership in lieu of the insurance requirement above. Such
self insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10 Oversight Committee. This Agreement shall be managed by an Oversight
Committee made up of one representative of each City The representative of each City
shall be designated in section 7 of this Agreement. The Oversight Committee shall meet
at least annually to discuss the terms of the Agreement and manage the services provided
pursuant to the Agreement.
11 Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any
suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement,
the parties specifically understand and agree that venue shall be exclusively in King
County Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
12. Signed Counterparts. This Agreement may be executed by counterparts and be
valid as if each authorized representative had signed the original document.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of 2012
CIT
By Appoved As m:
Title: �7 4 yn/� ✓
Date:
®CT 2 $ 2012 Ci y Att fney \_
�
Attest: l C74 1.
CITY OF KENT
Approved As To Form.
By-
Title: City Attorney
Date:
Attest:
Joint Funding MOU
Page 4 of 7
shall provide proof of such membership in lieu of the insurance requirement above. Such
self Insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10. Oversight Committee, This Agreement shall be managed by an Oversight
Committee made up of one representative of each City The representative of each City
shall be designated in section 7 of this Agreement. The Oversight Committee shall meet
at least annually to discuss the terms of the Agreement and manage the services provided
pursuant to the Agreement.
I1 Applicable Law; Venue: Attorney's Fees. This Agreement shall be govorned by
and construed In accordance with the laws of the State of Washington. In the event any
suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement,
the parties specifically understand and agree that venue shall be exclusively in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of stilt,
12. Signed Counterparts, This Agreement may be executed by counterparts and be
valid as if each authorized representative had signed the original document.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of zae 2013
CITY OF AUBURN
By Approved As To Form:
Title:
City Attorney
Date:
Attest: /J
CITY OF KENT, � /Lrya� //
B
1 /�L e%, xo�ed �Fqr
Title: ( edptyAt torn
Date:
Attest:
'6V", ��
Joint Funding NIOU
Pale 5 of 7
CITY O RENTON
By
Appr d As To Form.
Title: Den,;s Law, Mayor
� i^9
pa't :,4 03 .Z City Attorney Lawrence J Warren
k, B'on.ne I . Walton, City Clerk
CITY OF TUKWILA
By
Approved As To Form.
Title:
Date: City Attorney
Attest:
CITY OF ALGONA
By
Approved As To Form.
Title:
Date. City Attorney
Attest:
CITY OF PACIFIC
By
Approved As To Form.
Title.
Date: City Attorney
Attest:
Joint Funding MOU
Page 5 of 7
CITY OF RENTON
By-
Approved As To Form.
Title-
Date: City Attorney
Attest:
CITY OF TUKWILA
By' t
Approved As To Form.
Title: a P}r
1 �6ryZ
Date: 11//V//'A LL�-- ,, City Attorney
Attes : �. Tom",
CITY OF ALGONA
By-
Approved As To Form.
Title:
Date: City Attorney
Attest:
CITY OF PACIFIC
By.
Approved As To Form.
Title:
Date: City Attorney
Attest:
Joint Funding MOU
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EXHIBIT A
to
Memorandum of Understanding (MOU) between the Valley Cities Association for
planning,funding, and implementation of joint funding program.
CALENDAR YEAR 2012
Name of Agency Participating Cities &
Tentative Funding
YMCA of Greater Seattle— Auburn -Lead City -$30,000
Alive & Free Program Kent -$30,000
Renton - $30,000
Tukwila-$30,000
TOTAL- $ 120,000