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Home My WebLink AboutContract CAG-18-220 � � PROFESSt4NAL DEVELOPM[NT CENTL•R ' I�NIVERSI'TY nf WASHING70N �TACOMA �� l t t ; September 10, 2018 MEMORANDUM OF AGREEMENT � Between � i University of Washington Tacoma and ' City of Renton 7HIS AGREEMENT, is made and entered into by and between the City of Renton, ; hereinafter referred to as "COR," and the University of Washington Tacoma, hereinafter ireferred to as "UWT" (collectively, the "Parties"). � � THE PURPOSE OF THIS CONTRACT is to formalize an agreement for COR to provide the � "Government Performance Consortium Forums" for the UWT as authorized under RCW ' 34.09.470. � Statement of Work The City of Renton will engage with the following in support of the Government Perfarmance Consortium's ("GPC'): Performance Plane LLC (Steve Gorcester}for up to $24,000 for subject matter expertise on the dashboard. All costs associated with this work are not to exceed$24,000. Period of Performance Subject to its other provisions, the period of performance of this Agreement shall be between the execution of this agreement (the "Effective Date") through June 30, 2019 unless terminated sooner as provided herein. Pavment Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39,34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $24,000 in total. Payment is contingent on COR providing the deliverables within the identified standards. Any additional services provided by COR and/or its subcontractors would require a written agreement amendment, approved and process�d through UWT prior to beginning additional services. Billin�Procedure ' COR shall submit invoices monthly or quarterly upon completion of the work specified in the "Statement af Work" above. Payment to COR for approved and completed work will be made by warrant or account transfer by the UWT within 30 days of receipt and approval of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. � Records Maintenance The parties to this Agreement shall each maintain books, records documents and other evidence which sufficiently and properly reflect all direct and indirect costs incurred by either party in the performance of the service(s) described herein, These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, UWT and federal officials so authorized by law. Unless the Washington State Retention Schedule for cities ("CoRE") requires a longer period, all books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and UWT, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine and copy any of these materials during the period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, uniess otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond.The Parties acknowledge that the records generated or used in the creation or performance of this Agreement are subject to R.C.W. 42.56,the Public Records Act and, that the provisions thereof supersede the terms of this Agreement. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. In the event of a public records request, the Party receiving the request will notify the other Party so that it may seek injunctive relief if it chooses to do so. Ri�hts in Data Unless otherwise provided, data which originates from this AgreemenC shall not be "works for hire" as defined by the U.S. Copyri�ht Act of 1976 and shall be awned by Yhe individual copyright owners. Data shall include, but nat be iimited to, reports, documents, work papers, computer progra�Y�s, films, tapes and/or sound reproductions. The copyright owners, unless otherwise stated, license UWT to use data in print, online at the UWT website or in video forrnat. Ownership includes the right to copyright, p�tent, register and the ability to transfer these rights. Agreement Alterations and Amendments This agreement may be amended only by rnutual agreement of both parties. Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind � each of the parties. I Termination Fither party may terminate this Agreement upon 30 days' priflr written nntification to the i other party. If this Agreement is so terminated, the parties shalf be liable oniy for ` perfarmance rendered or costs incurred in accordance with the tertns of the Agreement prior to the effectiv�date of termination. Termination for Cause If for any cause, either party does not fulfili in a timely and proper manner its obligations under this �greement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or �iofation. The responsible party will be given the opportunity to correcl the violation or failure within fifteen (15} warking days. If failure or violation is not corrected, this Agreement may be terminated imrnediately by written notice of the aggrieved party to the other. Disputes In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the fallowing manner: Each party to this Agreement shall appoint one member to the Dispute Baard. The members so appointed shall jaintly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and the rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's pracess will control. Governance This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicabfe federal faws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreernent, or between its terms and any applicable statute or ru le, the inconsistency shall be resolved by giving precedence in the fall�wing order: a. Applicable state and federa! statutes and rules; b. The statement of work; and c. Any oth�r provisions of the Agreement, as amended, including materiais incorporated by reference. Assi�nment The work to be provided under this Agreement, and any claim arising there under, is not assignable ar delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. Waiver A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement, unless stated to be such in a writing signed by an authorized representative af the party and attached to the original Agreement. Severabilitv If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this � Agreement which can be given effect without the invalid provision, if such remainder ' canforms to the requirements of applicable law and the fundamental purpose of this � Agreement, and to this end the provisions of this Agreement are d�clared to be severable. � All Writin�s Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. A�reement Mana�ement The designated coordinator for each of the parties shall be responsible for and shall be the contact person for all communicatians and billings regarding the performance of the Agreement. The Contract Coordinator for the Contract Coardinator for the City of Renton: Prafessional Dev. Center, UW Tacoma: Kristi Rowland, Organizational Dev. Mgr. Lisa Reeves, Director 1055 S Grady Way 1900 Comm�rce Street Renton WA 98057 Tacoma, WA 98402 (425) 430-6947 {253) 692-4604 KRowland@Rentonwa.�ov reevesl@uw.edu IN WITNESS WHEREOF,the parties have executed this Agreement, Robert Harrison Robert Hardie Cit f enton University of Washington Tacoma ��+��r---- -^. Signature Signature IDI�viZoi° `��3�18 Chief Administrati�e Officer Date Contracts Manager Date Appraved as to Legal Form: � �� .-�- I � Shane Maloney City Attorney