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HomeMy WebLinkAboutPD13-079 - Other - Joint Funding Agreement for Valley Cities Association - 01/03/2013 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 Chaptei 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 of a joint 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 Paiticioation. 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 quarleily 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 Joint Funding MOU Page 2 of 7 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 yeas 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 31" 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 foi 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 30rh 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 legaiding 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) Pei form an annual monitoring visit of the Agency, to include the participation of another Participating City. g) Maintain accounts and records which properly reflect transaetions 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. Joint Funding MOU Page 3 of 7 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 foi 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 Hui sh, Administration Kent Ken I VYI0.Si i�bliGe 0116 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 parties and a portion of the City's payment hereunder is expressly made the consideration foi 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 l 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. It. 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 teem of this Agreement, the patties 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 ,1W3"?-0I 3 CITY OF AUBURN By: Approved As To Form: Title: City Attorney Date: Attest: CITY OF ICEN Ap 'led A Form: Title:- It Attorney/ Date: 113 39/ a Attest: %%� �� ✓w✓ --, Joint Funding MOU Page 5 of 7 CITY OF RENTON By: Approved As To Form: Title: Date: City Attorney Attest: 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 6 of 7 CITY OF FIFE By: Approved As To Form: Title: Date: City Attorney Attest: CITY OF PUYALLUP By: Approved As To Form: Title: Date: City Attorney Attest: CITY OF SUMNER By: Approved As To Form: Title: Date: City Attorney Attest: Joint Funding MOU Page 7 of 7 EXHIBIT A to Memorandum of Understanding(MO" 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 Progi am Kent -$30,000 Renton-$301000 Tukwila-$30,000 TOTAL-$ 120,000 REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Police/Law Extension: 5788 Date Sent: 1/3/13 Date Required: 1/7/13 Return to: Kim Komoto CONTRACT TERMINATION DATE: Notice VENDOR: MOU — Valley Cities DATE OF COUNCIL APPROVAL: 12/11/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if a licable Brief Explanation of Document: This Memorandum of Understanding will formulate 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 preventions and interventions. RECEI\FED J �'.��`� 0l i Gn All Contracts Must Be Routed Through Ther,Depr9tir�ici�'Pr (This area to be completed by the Law Department) Received: �� — E� Approval of Law Dept.: 'A Law Dept. Comments: KENT LAW DEP' I. Date Forwarded to Mayor: ► 7� I Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: JAN 4 2013 Disposition: CITY of KENT CITY CLERK Date Returned: