HomeMy WebLinkAboutTacoma-Pierce County Chamber for Partnering on Regional Issues INTER AGENCY MEMORANDUM OFAGREEMENT
BETWEEN THE CITY OF AUBURN AND
TACOMA-PIERCE COUNTY CHAMBER
FOR PARTNERING ON REGIONAL ISSUES
(CONTRACT NO. 1 -2013)
This Memorandum of AgreemeM(MOA) is made and entered irrto by and
between the City of Aubum, hereinafter referred to as"City," and the Tacoma-Pierce
CouMy Chamber, hereinafter referred to as"Chamber".
Recitals:
1. The City of Aubum is a municipal corporation of the state of Washington.
2. Chamber is an organization responsible for facilitating strong business -
leadership and involvement in strategic economic development opportunities in Pierce
County,
IT IS THE PURPOSE OF THIS AGREEMENT to provide a plan for partnering on
vanous regionai issues affecting Pierce County;
WHEREAS, the City desires to provide financial support to various coalfions and
projects managed by the Chamber; and
WHEREAS, Chamber dedicates staffing effort for advocacy and coordination on
various regionai issues important to Pierce Cour�ty;
NOW, THEREFORE, it is mutuaily,agreed between the contracting parties thatthe
City hereby agrees to provide financial support for the projects outiined irn the Scope of
Work to be pertormed/provided by Chamber,which scope of work is marked as Exhi6it A,
attached hereto and incorporated by referenoe herein. The activities or portion of activities
.
to be funded by 4he Citymust be identified in the Scope of Work;
I. Comnensation.
The City shall provide the compensation to the Chamber as outlined in Ezhibit A.
The Chamber will provide an invoice to request compensation annually for authorized
projects to be funded by City.
11. Terma and Condltlons.
All rights and obligations of the parties to this Agreement shall be subject to and
govemed bythe Special Terms and Conditions contained in 4his text of this Agreement.
Interagency AgreemeM-City of AubumRacoma-PC Chambei
Contraet No. 1 - 2013 Page 1
III. Pe�iod of Pertormance.
Subject to other provisions, the period of performance of this reement shall
commence on / -3 and shall continue through 3a � , .
unless teRnina so ner as provided herein.
� IV. Rel�tionshia of the Pa�tles.
A. Indeoendent Contrector. The parties intend that an independent
contractor/govemmental agency relationship be created by this f�qreement. The City,as a
; govemmerrtal agency, is interested primarily in the results to be achieved. The
implemenfation of service shall be solely with Chamber. No agent, employee, servant or
! representative of Ghamber shall be deemed. to be an employee, agent, servant or
representative of the City for any purpose,and the employees af Chamberare not entitled
; to any of the personnel or monetary benefi4s the City provides for City employees.
• Charnber shall be solely and enGre{y►esponsible for its acts and for the acts of i1s agents,
employees, servarrts, subcontractors or othervvise during the performance of this
- Agreement.
In the pertormance of the services herein contemplated,Chamber is an independent
contractorwith the authority to control and direct the pertormance of the details of the work;
however, the servic�s contemplated herein shall be subject to the right of the City of
inspection and review to secure the satisfactory completion hereof.
Communication between the City and Chamber shall be addressed to the regular
qlage of business of each party. The Mayor of the City of Aubum or his/her designee shall
serve as the point of contact and supervisor of activities under this agreement.
V. Hold Harmless.
The Chamber agrees to defend,indemnify and save harmless the City,its appointed
and elected officers and employees,from and against all Ioss or exQense,including but not
limited to judgmerrts,settlements,attomey's fees and c�by reason of any andall claims
and .de.mands upon the City, its elected or appointed officials or employees fo�damages
because of personal or bodily injury, including death at a�y tlme resulting therefrom,
sustained by any person or persons and on account of damage#o property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Chamber, hisJher Subcontractors, its successor or assigns, or its or their
agent,,servants, or employees, the City, its appointed or elected officers, employees or
their agents,except only such injury or damage as shall have been occasioned by the sole
negligence of the City, its appointed or elected officials or employees.
It is further provided that no liability shall attach to the City by reason of eMering
into this contract, except as expressly provided herein.
Irrteragency Agreemern-Clry af Auburn/Tecoma-PC Clwmber
Conlrad No. 1 - 2013-Page 2
� The following paragraph applies to all work in connection with or collateral to, a
� contract or agreement relative to construction, aReretion, repair, addition tq subtraction
from, improvement to,or maintenance of,any building,highway,road, reilroad,excavation,
or other structure, project,development,or improvement attached to real estate, including '
moving and demolidon in connection therewith:
If the claim, suit, or action for injuries, death, or damages as provided for in the
, p�ceding paragraph of this contract is caused by or results from the concurrerrtnegligence
of(a)the indemnitee or the indemnitee's agents or employees, and (b)the indemni#or or �
the indemnitor's agents or emplayees, the indemnity provisions provided for in the
; preceding paragraph of this contract shall be valid and enforceable only to the extent of the
indemnitor's negligence.
� The City shallbe named an Additianal Insured on the Chamber's liability insurance.
t Chamber shall furnish, upon request by the City;a certfied copy of the insurance policy or
policies with the City identified as an Additional Insured.
VI. Records Maintenance.
The City and Chamber shall each maintain books, records, documents, and other
evidence which sufficiently and properly reflect all direct and indirect costs expended by
either party in the performance of the senrices described herein. These records shall be
subject to inspection, review or audit by personnel af both parties, other personnel duy
authorized,by either party,the Office of the State Auditor and federel ofRaals so authorized
- by law. The City and Chamber shall retain all books, records, documents and other
material relevant to this AgreemeM far five (5) years after expiration. The Office of the
State Auditor,and federal,state and local suditors,and any other persons duly authorized
by the parties shall have full acxess and the right to examine any of these materials during
this period.
VII. As�reement. Alterations and Amendments.
The City and Chamber may mutually amend this Agreement. Such amendments
_ .
shall not be binding uniess theyare in writing and signed by personnel authorized to bind
the Ciry and Chamber.
VIII. Terminatlon.
Except as othervvise provided in this Agreement, ei�er party may terminate this
Agreemenf upon thirty(30)days written notifcation. If this Agreement is so terminated,the
terminating party shall be liable only for the performance in accordance with the terms of
this Agreemenf for performance rendered prior to the effective date of termination.
Interagency Agreement-Cily ot Auburn/Tawme-PC Chamber
Contrad No. 1 - 2013-Pape 3
; IX. Order of Precedence.
; In the event of an inconsistency in this Agreement, unless othervvise provided
herein, the inconsistency shall be resolved 6y giving precedence in the following order.
i.
� A. Applicable federal and state statues and regulations;
B. Special terms and conditions;
� C. General terms and conditions; and
� D. Statement of work.
' X. All Writina Contained Herein..
� This Agreement contains all the terms and conditions agreed upon by the parties.
No other understandings,orai or otherwise,regarding the subject matter of this Agreement
� shall be deemed to exist or to bind any of the parties thereto. Any oral representation or
; understandings not incorporated herein are exduded. Further, any modifications of this
; Agreement shall be in writing and signed by both parUes. Failure to comply withany of the
_
provisions stated herein shall canstitute a material breach of contract and shall be cause
for termination. Both parties recognize thaEtime is of the essenoe in the pertormance of
the provisions of this Agreement. It is aiso agreed by the parties that the forgiveness of the
nonperformance of any provisions of this Agreement does not constitute a waiver of the
,' provisions of this Agreement.
XI. JurisdicGon and Choice of Law:
A. This AgYeement shall be consirued as having been made and delivered within
the State of Washington, and it is agreed by each party hereto fhat this Agreemenf shall be
govemed tiy the statutes, ordinances and regulations of the State of Washington,and the
City ofiAubum both as to interpreta#ion and performance.
B. Any action at law, suit in equity,or otherjudicial proceeding for the enforcemerrt
of this Agreement, shail be instituted and maintained only in the Superior Court of the
County of Piercs of the State of Washington.
XII. Severabilitv.
A. It is expressly understood and agreed by the pa�ties hereto that if any part,term,
or provision of this f�qreement is determined 10 be illegal, the validity of the remaining
provisions shall not be affected, and the rights and obiigations of the parties shall be
construed and enforced as if the Agreement did not contain the particular provision held ta
be invalid.
B. 1f it should appear that any provision hereof is in cor�flict with any statutory
provision or regulation of the United States or of the State of Washington,or any ordinance
Interagency Agreement-City of Aubum/Tacoma-PC Chamber
Conpact No.1 - 2013 Page 4
i
or resolufion of the City of Au6um, said provision which may conflict therewith, shali be
deemed modified:to conform to such statutory proVision.
XIIL Future Non-Allocation of Funds.
Notwithstanding any other tertns of this Agreement, if su�cient funds are not
appropriated or allocated for payment under this corrtract forany future fiscal period, the
City wiii not be obligated to make paymeM for services or amourlts afterthe end of the
fiscal peri6d through which funds have been appropriated and allorated, unless authorized
by City ordinance. No penaRyr or expense shalf accrue to the City in the event this
provision applies.
PIERCE COUNTY CONTRACT SIGNATURE PAGE
CONTRACT NAME: Citvof Aubum/Tacoma-Pierce Countv Chambers Partnerehin Aqreement
IN WITNESS WHERE OF,the parties have executed this Agreemeirt this�day of
3«�„ ,zo�:3.
CONTRACTOR
TacomaPierce Countv Chamber
Fuli 'rm Name
��f�i
Signature Date
Pres�sf�C�'O
Title of Signatory Authorized by Firm Bylaws
Maiiing Address:
PO Box 1933
Tacoma.WA 98401-1933
Contact Phane: (2531882-1723
ContacE Namerdavid Schroedel
a/-o�3��r3o
Business Tax ID Number: xx-xxuxx�oc
Iriteragency Agreement-City of AubumlTacama-PC Chamber
ConVed No. 1- 2013:Page 5
� ��
I � �
i �
CITY aFAUBURN �
J
�
Peter B. ' ,Mayor
Atteat:
�� ���.�
, Da Ile E. Daskem, City Clerk
/1Pp�d as to 0
: %;
a . id, C' mey
IMeregency Agreemerrt-Cily of Aubum/Tacoma-PC Chamber
CoMract No. 1 - 2013-Pape 8
i �
Exhibit A
Auburn-Pierce County Chamber Programs
Scope of Work
1. Regional Acceas Mobility PaRnership(RAMP)
RAMP is a regional coalition including business; labor, public and priyate organizations
and citizens dedicated to improved mobility in the South Sound and Washington State.
' The mission is to ensure a healthy regional economy associated wkh the develapment
of an eifective, efficient transportation sysfem and the resouroes to sustain it.
RAMP brings speakers in from areas throughout the state to discuss transportation
' issues with Pierce County stakeholders. The partnership is co-chaired by Pierce
County Executive Pat McCarthy, Port of Tacoma Chief Ezecutive Officer John Woffe,
: and Tacoma-Pierce County Chamber President 8�CEO Tom Pierson.
; Recent agendas haye included updates from/on:
• Freight Mobility SUategic InvestmeM Board
• PSRGTransportation ImprovemeM Program
' • Moving Ahead for Progress in the 21a Century[MAP-21]
• SR-509 Siip Ramps
• SenatorCantw�ell's Office
. 10�'Congressional District Candidates
• SR-520 Bridge Construction
• Puyallup River Bridge Rehabilitation
• Gubematorial Candidates
Based on these conversations with project proponerrts, RAMP oo�chairs and staff
de4elop legislative plens to support the continued growth of Pieroe County: As an open
stakeholder group this has also allowed RAMP to preseM ib findings to a variety of
groups like the Washington State Transportation Commission and the Washington
State Legislature's7rensportation Committee.
Lookirtg forward to 2013-2017, RAMP aims to continue this work, including:
Task 1— ConGnue holding monthly stakeholder meetings to discuss local, state and
fedeial t�an§portaHon issues.
Task 2— Continue�epreseMing transportation interests of RAMP at the local, state artd
lederal level.
Task 3—Deve/op en annual legisla6ve agenda based on feedback fium the RAMP
stekeholder group.
IMeragency Agreement•Cily of AubumlTeooma-PC Chember
CoMrad No. 1 - 2073-Pege7
. . . .__ _.. _ . I
The Cky of Aubum will provide the following contribudons for RAMP:
2013 $9,000
2. SR 167 Completion
To secure support and funding for SR167 completion,the Chamber is establishing a
coalition of supporting organizationg and bringing in experienced communications,
advocacy, and lobbyist functions. Wh'ile additional investmerrts will be needed to fund
these activities, we believe the coalition's adivities w�l help raise the prnfile of the SR
167 project and allow us to take advantage of funding opportunities at the local, state.
and federal levels.
The coeffion will consist of various stakeholders as well as an executive committee, a
- IoeaUstate sub-committee, and a fedeYal sub-cbmmittee. While the executive -
committee will oversee agreemertts wid�contractois, the sub-committees will play
critical roles in developing an action plan and �mmunications strategy.
In order to support the work of the stakeholders and the committees, the following
scope of work has been developed:
Task 1 —Develop Loce//State Govemment.Affairs Communication and Shafegy Plan.
Tesk 2— Develop Federal Govemment Affairs CommunicaGon and Strategy Plan.
TesJc 3— Broeden Nre SR 167 coalition H►rwigh inclusion of edditiona!brisinesses,
labor groups, environmentel groups, govemments, and other key voices.
Task 4—Develop updated communicatron�7ems for use aE locai, stete &federel levels.
Task 5—Develop SR 167 campaign datebase and communicaBons system.
Task 6— Host SR 167 Coa/'�fion campaign kick-0ff or rollout:
7esk 7— Develop press availability event arrd coordir►ate editarial board visits.
Task B—Provide adminisdative support for coalidon and committee meetings. (
Since we are proposing this work as part of coalition we will be dividing the costs
between a num6er of interested parties. This is intended to show the best retum on
investmeM for all stakeholders while also awiding duplication of efforts.
The City of Auburn will provide the foilowing contribution for SR 16T Completion:
2013 58,000
Interagarwy Agr�men4City ot AuburtJTacoma-PC Chamber
Contred No. 1 - Z013-Pape 8