HomeMy WebLinkAboutPD18-106 - Original - Joint Funding of YMCA Alive and Free Program ANT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerks Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
Erlpink Sheet Attached
Vendor Name: Cities of Auburn, Renton and Tukwila
Vendor Number (JDE):
Contract Number (City Clerk)
Category: Interlocal Agreement
Sub-Category (if applicable) Choose Gn_itern.
1111-Project Name: Joint Fundinq of YMCA Alive & Free Proqram
Contract Execution Date: Termination Date: March 2024
Contract Manager: Jalene King Department: Police
Contract Amount: $30,000/vear
Approval Authority: ❑ Director [✓Mayor ❑ City Council
Other Details:
c1Ty Of
AUBURN Nancy Backus,Mayor
WASHIINGTON 25 West Main Street*Auburn WA 98001-4998*wwwauburnwa.gov* 253-931-3000
March 5, 2018
City of Kent
Attn: Commander Jarod Kasner
220 Fourth Ave. S
Kent, WA 98032
Subject: Updated MOU -Alive & Free 2018
Dear Commander Kasner,
Enclosed is the updated Memorandum of Understanding for the Alive & Free contract. Please
have your City Attorney and Mayor sign and return this original version to me at your earliest
convenience.
If you have any questions please don't hesitate to contact me.
Sincerely,
Emily J. Pea Po ��( ✓V/
Human Servi s Program Coordinator
City of Auburn I
25 W Main St.Au —ry
Auburn, WA 98001
253-931-3096 /r �
epearson@auburnwa.gov � � �✓
AUBURN * MORE THAN YOU IMAGINED
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITIES OF AUBURN, KENT, RENTON, AND TUKWILA
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, and Tukwila,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. Purptase„(1t�KQU.The purpose of the MOU is to formalize a cooperative arrangement between
the Cities for the purpose of addressing shared community issues, including, but not limited to
gang prevention and intervention.
2. Joi:nt ParGicspat,ion,
a. Load.City. One of the party Cities will serve as Lead City and will be designated by the
Cities for contracting, with the Lead City 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. ar icilla'tj,1I&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 that 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 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
Joint Funding MOU
Page 2 of 8
settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for
such settlement or judgment.
3. Etiud tig. i3ari&,gnIcq ,
a. Allocation. Each Participating City shall provide to the Lead City no later than March 31 st
of each year, the City's annual funding allocation 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
31"of the next calendar year the Lead City will provide the unspent funds to each participating
City.
4. Respt'rnsibihties of Lewd Cr,ty. A Lead City has been designated to act as the fiscal and
administrative agent on behalf of the Cities, 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 30th 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 executed by a majority of the Cities
and shall automatically renew annually for one-year terns, unless tertnunated as described in
section 6.
6. Termination. Any party may terminate its participation in the MOU without cause after giving
the other Cities a thirty day written notice. Tennination shall be effective at the end of the 30 days.
The tenninating party shall remain frilly responsible for meeting its funding responsibilities and
Joint Funding MOU
Page 3 of 8
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
........,.,.....
Auburnt1Y1o1 h aV) iV1WIG�l/1 ahl •tip✓
__...---- ._ ._..................... — ✓✓
Kent QrOd Kasner, JKasr&rQkent-wCx v
Renton
- -- _ ..._.........---_________--
Tukwila
8. Indemnification.
It is the intent of the participating cities to provide services without the threat of being subject to
liability to one another and to frilly cooperate in the defense of any claims or lawsuits arising out
of or connected with this agreement that are brought against the cities. To this end, the
participating cities agree to equally share responsibility and liability for the acts or omissions of
their participating personnel when acting in furtherance of this Agreement. In the event that an
action is brought against any of the participating cities, each city shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of
which city or employee the action is taken against or which city or employee is ultimately
responsible for the conduct. The cities shall share equally regardless of the number of cities named
in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim.
This section shall be subject to the conditions and limitations set forth in subsections A through
E below.
a. fl e-nationally Wrongful Conduct Bead the Scope of EnLip ovntont. Nothing herein
shall require, or be interpreted to require indemnification or sharing in the payment of any
judgment against any city employee for intentionally wrongful conduct that is outside of
the scope of employment of any individual or for any judgment of punitive damages
against any individual or city. Payment of any award for punitive damages shall be the
sole responsibility of the person or city that employs the person against whom such award
is rendered.
b. Collective Representation and Defense. The cities may retain joint legal counsel to
collectively represent and defend the cities in any legal action. Those cities retaining joint
counsel shall share equally the costs of such representation or defense. In the event a city
Joint Funding MOU
Page 3 of 8
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
_�........................................... _ - ._...__..._...:..__....--_.m._ .._.m.__.._.. ........_........_............. .....
Auburn V101 {►11�lYVla{� G��I���u� 0�01�/LIbt/ W�1 .�b1/
Kent
Renton
v.wA r
Tukwila _._..._ .. _......._...... __......
8. Indemnification.
It is the intent of the participating cities to provide services without the threat of being subject to
liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out
of or connected with this agreement that are brought against the cities. To this end, the
participating cities agree to equally share responsibility and liability for the acts or omissions of
their participating personnel when acting in furtherance of this Agreement. In the event that an
action is brought against any of the participating cities, each city shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of
which city or employee the action is taken against or which city or employee is ultimately
responsible for the conduct.The cities shall share equally regardless of the number of cities named
in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim.
This section shall be subject to the conditions and limitations set forth in subsections A through
E below.
a. Intentionally \)LKgq_ful Conduct G3 yoncl tlrc Sgq ep* r>f EmpIoyn I. Nothing herein
shall require, or be interpreted to require indemnification or sharing in the payment of any
judgment against any city employee for intentionally wrongful conduct that is outside of
the scope of employment of any individual or for any judgment of punitive damages
against any individual or city. Payment of any award for punitive damages shall be the
sole responsibility of the person or city that employs the person against whom such award
is rendered.
b. Collective 11eprusentation and Defense. The cities may retain joint legal counsel to
collectively represent and defend the cities in any legal action. Those cities retaining joint
counsel shall share equally the costs of such representation or defense. In the event a city
Joint Funding MOU
Page 4 of 3
does not agree to joint representation, the city shall be solely responsible for all attorneys'
fees accrued by its individual representation or defense.
The cities and their respective defense counsel shall make a good faith attempt to
cooperate with other participating cities by, including but not limited to, providing all
documentation requested, and making their employees available for depositions,
discovery, settlement conferences, strategy meetings, and trial.
c. Removal_from...Lawsuit. In the event a city or employee is successful in withdrawing
or removing the city or employee from a lawsuit by summary judgment, qualified
immunity, or otherwise,the city shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit.
d. Settlement Process. It is the intent of this Agreement that the cities act in good faith
on behalf of each other in conducting settlement negotiations on liability claims or lawsuits
so that,whenever possible, all parties agree with the settlement or, in the alternative,agree
to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no
individual city shall be authorized to enter into a settlement agreement with a claimant or
plaintiff unless all cities agree with the terms of the settlement. Any settlement made by
an individual city without the agreement of the remaining cities, when required, shall not
relieve the settling city from paying an equal share of any final settlement or award.
e. Insurance. The failure of any insurance carrier or self-insured pooling organization to
agree to or follow the terms of this section shall not relieve any individual city from its
obligations under this Agreement.
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. Insat� 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 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. G7vor°sight Cornmittee. 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. Ap rl licaf e Law; Vgpgp Attorrrey's Irecs. 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
Joint Funding MOU
Page 5 of 8
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.Sj xdCot�ntet carts.,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
20 .
Joint Funding MOU
Page 6 of 8
CITY OF AUBURN d
Title: A,p��rr 'I"o rs
or
... . ........ ..... __....
%_A/d
Date: e
' 2 ' �9
Attest'
CITY OF K T
By: � _.......... .....m .........._._�
Appr yed As To Form:
— -------------------------------------- V _.......—---------
,---
.-._
Date: City Attomey
Attest:
C IY OF RENTON
By: ___. ....w.....
Title: Approved As To Form:
Date: City Attomey
Attest:
Joint Funding MOU
Page 6 of 8
CITY OF AUBURN
Approved s v Fo
Title:
14
City Attorney
Date:
. '� - ---------
Attest:
CITY OF KEN
il
BY .......-. ..._._ _....__ __......._ _
Title: Approved As To Form:
Date: City Attomey
Attest:
CITY OFF RI?, TON
Approved As
Too Fonn:
Title:
Denis Law, Mayor ip ,✓i �,W _
........_ _ .. ........._ __..._
Date: City aarncy
da _....... ��+"CS Alf"'''r
yl1t V1111111ryi1
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Attest: .t, F
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Jason Seth City bark L,
r,+��✓�f� RA it 180 5Q t4I�S'
Joint Funding MOU
Page 7 of 8
CITY OF TUKWILA
By: .. -----
Title: Approved As To Form:
Date: City Attomey
Attest:
Joint Funding MOU
Page 8 of 8
EXHIBIT A
to
Memorandum of Understanding(MOU)between the Valley Cities Association for
planning, funding, and implementation of joint funding program.
CALENDAR YEAR 2018
[dame of Agency articipating Cities &Tentative Funding
YMCA of Greater Seattle- Auburn - Dead City- $60,000
Alive & Free Program Kent- $30,000
Renton - $60,000
Tukwila- $30,000
TOTAL - $180,000
REQUEST FOR MAYOR'S SIGNATURE
a T Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Jarod Kasner Phone (Originator): 5821
Date Sent: 3/15/18 Date Required: 3/19/18
Return Signed Document to: Jaiene King Contract Termination Date: 3/2024
VENDOR NAME: bate Finance Notified:
Cities of Auburn, Renton, and Tukwila (only regtjlred on contracts n/a
_ $20 0U0 and over or on a.ny Grant)
DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified:n/a
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificalll Account Number:
Authorized in the Budget? OYES • NO
_......._ ..�.. ............._...,._...._ _
Brief Explanation of Document:
Memorandum of Understanding between Auburn, Kent, Renton and Tukwila for joint
funding program for the YMCA of Greater Seattle Alive & Free Program
...........REC
_....._
Must Be Routed Through The Law Department
Received: /
P�R '1 !i ZH� (TMs area to be completed by the Law Department)
Approval of Law Dept.: �I �I (�/S)
Law e v l E
Date d r:
Shaded Areas To Be Cam e y Administration Staff r
Recel ved: µ
Recommendations and Comments; (ap Of
Y",t
f / / f f f
Disposition: , //, / ,F.s7`v9
Date Returned:
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