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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 R tM p to � AY Attest: .t, F zf 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: win mwmn iaanan g gpou� pue i9m� vm. n