HomeMy WebLinkAboutPD2018-0333 - Original - YMCA of Greater Seattle - Memorandum of Understanding with Renton & Auburn for Joint Funding of YMCA "Alive and Free" Program - 01/28/2019MEMORANDUIU OF UNDERSTANDING BBTIYEBN THE
CITIES OF AUBU'RN, KENT, AND RENTON FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A
JOINT FUNDING PROGRAM
THIS MEMORANDUM OF LINDERSTANDING ("MOU") is entered into pursuant to Chapter
39.34 RCW by the Cities of Auburn, Kent, and Renton, 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
V/HEREAS, the parties wish to make the most efficient use of their resources by cooperating to
provide fi-rnding 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 r,vhich result in more eff¡-cient use of Government resources.
NOW THEREFORE, and in consideration of the terms, conditions and performances made
herein, it is agreed as follows:
l. Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement betlveen
the Cities for the purpose of addressing shared community issues, including, but not limited to
gang prevention and intervention.
2. Joint Participation.
a. Lead Citv. One of the party Cities r,vill serve as Lead City and lvill be designated by the
Cities for contracting, r,vith the Lead City shor,vn in Exhibit A, a copy of lvhich 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, Participatins City. A Participating City is a city participating in the cooperative funding,
rvho is not the Lead City Participating Cities are identified in Exhibit A. A Participating City
shail review qr-rarteriy reports from the contracted agencies that provide services related to the
shared community issues, sr.rch as gang prevention and intervention. If a Participating City
becomes concerned r,vith the agency's services, it lvill 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 r,vithholding payment, the City requesting the
lvithholding of payment shall be responsible for settling or defending the claiin or lawsuit. In
addition, in the event of any settlement of or judgment on the claim or lalvsnit, the City
requesting that payment be r,vithheld shall be fully responsible for the payment of such
Joint Funding IvtOU
Page 2 of7
settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for
such settlement or judgment.
3. Fundins Arransement
a. Allocation. Each Participating City shall provide to the Lead City no later than March 3lst
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 parlicipating Cities. Exhibit
A lvill 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't of the next calendar year the Lead City r.vill 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, as shor,vn 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 r,vith the agency each year, for the total funding allocated by the Participating
Cities, detailing performance measllres to be performed by the agency for each City.
c. Receive, revier,v, and process the quarterly invoices and reports from the agency. Quarterly
reports shall describe services provided specifically to each City. DispLrtes regarding billings
r,vill 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 lvith a funding application and technical assistance as required.
f. Perform an annual monitoring visit of the agency, to include the participation of another
Parlicipating City.
g. Maintain accounts and records which properly reflect transactions related to this MOU.
5, Duration. This lvtOU shali become effective r,vhen it is executed by a majority of the Cities
and shall automatically renew annually for one-year terms, unless terminated 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 lvritten notice. Termination shall be effective at the end of the 30 days.
The terminating party shall remain fully responsible for meeting its funding responsibilities and
Joint Funding lv{OU
Page 3 of7
other obligations established by this MOU through the end of the calenclar year in which such
notice is given.
7. Notices. Notices to the Cities shall be sent to the follolving persons
City Contact
Auburn Chief William (Bill) Pierson
wpierson@auburnwa. gov
Kent Chief Rafael Padilla
rp adil I a@kentr,va. gov
Renton Chief Ed VanValey
ev anv aley @rento nwa. gov
8. Indemnification.
it is the intent of the participating cities to provide services lvithout 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 r,vith 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 lvhen acting in furtherance of this Agreement. ln 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 lvhich city or employee is trltimately
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 lalvsuit or claim.
This section shall be subject to the conditions and limitations set forth in subsections A through
E below.
a.Conduct B the Nothing herein
shall require, or be interpreted to require indemnifrcation or sharing in the payrnent of any
judgment against any city employee for intentionally wrongftil 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 ar,varcl for punitive damages shall be the
sole responsibility of the person or city that employs the person against lvhom such award
is rendered.
tati on and Defens The cities may retain joint legal counsel toe-b.Collective
collectively represent and defend the cities in any legal action. Those cities retaining joint
counsei shall share equally the costs ofsuch representation or defense. in the event a city
Joint Funding IVIOU
Page 4 of 7
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 rnake 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 lvithdrawing
or removing the city or employee from a lalvsuit by summary judgment, qualified
immunity, or otherwise, the city shallnonetheless be required to pay its equalshare of any
ar,vard for or settlement of the lalvsLrit.
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 lvith the settlement or, in the alternative, agree
to proceed to trial. In the event a claim or lar,vsuit 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 lvith the terms of the settlement. Any settlement made by
an individual city lvithout the agreement of the remaining cities, lvhen required, shall not
relieve the settling city from paying an equal share of any final settlement or a'uvard.
e. Insurance. The failure of any insurance carrier or self-insured pooling organization to
agree to or follolv the terms of this section shall not relieve any individual city from its
obligations under this Agreement.
Each Ciry hereby lvaives its immunity under Title 5l 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 specifìcally negotiated by the parties and a
portion of the City's payment hereunder is expressly made the consideration for this r.vaiver.
9. Insurance. Each City shall procure and maintain in full force throughor"rt the duration of the
Agreement comprehensive general liability insurance r.vith a minimum coverage of $1,000,000
00 per occurrence/aggregate for personal injury and property damage. In the event that a City is
a member of a pool of sell-insured cities, the City shallprovide proof of such membership in lieu
ofthe insurance requirement above. Such selfinsurance shall provide coverage equaI to or greater
that required of non-self insurance pool member Cities.
10. Oversisht Comrnittee. This Agreement shall be managed by an Oversight Committee made
Lrp of one representative of each City. The representative of each City shall be designated in
section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the
terms of the Agreement and manage the services provided pursuant to the Agreement.
I 1. Applicable Lai,vl Venue; Attorne)¡'s Fees. This Agreement shall be governed by and construed
in accordance r,vith the lalvs of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituteclto enforce any term of this Agreement, the parties specifically understand
Joint Funding iVIOU
Page 5 of7
and agree that venue shall be exclusively in King County rWashington. The prevailing parly in
any such action shall be entitled to its attorney's fees anclcosts of suit.
12. Signed Counterparts. This Agreement may be executed by counterpafts and be valid as if each
authorized representative had signed the original document.
iN WITNESS WHEREOF, the r"rndersigned have entered into this MOU o, ot,n'å$ day of
20\c.
Joint Funding MOU
Page 6 of7
CITY OF AUBURN
By:¡6**tsûd{ur
Title:$
Date
\.Lg,lq
Approved As To Form:
t t\-Lt#tu"-
falu CitY AttorneY
Approved As To Form:
I
l.
Attest
CITY OF KENT
By:
Title:
Date:City Attorney
Attest:
CTTY OF
By : Denis Law
Title: Mayor Approved As To Form:
¿4.'i
City AttorneyDate
Attest:
Jason A.
',){)
c Cler
ttlllf¡¡
l¡,llil
Joint Funding MOU
Page 6 of7
CTTY OF AUBURN
By:
Approved As To FormTitle
Date:
City Attorney
City Attomey
Attest
CITY OF KENT
By:
App TTitle: t
ß/," øo'*
Date:
ı)- tr- t ¡
Attest:
CITY OF RENTON
By
Approved As To Form:Title:
City Attorney
Date
Attest:
Joint Funding ivlOU
PageT of7
EXHIBIT A
to
Memorandum of Understanding (MOU) betr,veen the Valley Cities Association for
planning, funding, and implementation ofjoint funding program.
CALENDAR YEAR 20 I 9
Name of Agency
lParticiRatins
Cities & Tentative Funding
YMCA of Greater Seattle -
Alive & Free Program
Auburn - Lead City - $30,000
Kent - $30,000
Renton - $60,000
TOTAL - $120,000