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HomeMy WebLinkAboutContractCAG -10 -096 INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND THE RENTON HOUSING AUTHORITY RELATING TO THE COOPERATIVE PROCUREMENT OF CONSULTING SERVICES 1111111111111.10111FAM WHEREAS, the City of Renton ( "City ") and the Renton Housing Authority ( "RHA ") (individually a "Party' and collectively the "Parties ") are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, the Parties each have a need for environmental analysis and /or other consulting services relating to public investment and /or development or redevelopment activities in the Sunset Area; and WHEREAS, the Parties have worked in cooperation with each other in order to prepare and issue a request for statements of qualifications (SOQ) for consulting services for the Sunset Area Planned Action EIS in order to identify qualified individuals and businesses with the expertise to meet the needs of the City and RHA (a copy of the SOQ is attached to this Agreement as Exhibit A); and WHEREAS, the City served as the lead agency with respect to the formal issuance of the SOQ and the selection of the most qualified consultant, with the intent that the Parties would both utilize the SOQ process for the purpose of awarding separate contracts with the selected consultant; and WHEREAS, the SOQ process is beneficial to both Parties; and WHEREAS, the Parties now desire to enter into this Agreement to provide for a sharing of the reasonable costs associated with the SOQ process; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between the Parties as follows: II. AGREEMENT 1. The purpose of this Agreement is to acknowledge and confirm the Parties' mutual interest in jointly participating in the procurement of the consulting services to fulfill each Party's need for development and /or redevelopment services. 2. This Agreement shall authorize the following activities: A. RHA shall be allowed to utilize the procurement process undertaken by the City as lead agency, for the purpose of entering into a separate and independent contract with the consultant that was determined to be the most qualified to perform the required 402409.1 358187 10002 -1- services. B. RHA agrees to reimburse the City for a reasonable share of the expenses incurred by the City as the lead agency for this procurement process. The City shall provide RHA with such documentation as may be reasonably required by RHA in order to document the costs incurred in the RFP process. C. Each Party acknowledges its respective responsibility for compliance with all applicable federal, state or local laws and regulations relating to any bidding requirements applicable to that Party's acquisition of the subject consulting services. The provisions of this Subsection 11.2.C. shall survive the termination or expiration of this Agreement. D. Each Party will enter into a separate agreement with the selected consultant providing for the services required by the respective agencies. No separate legal or administrative entity is created by this Agreement. 3. This Agreement shall expire when the Parties are in mutual agreement that all duties enumerated in paragraph 2, above have been satisfactorily completed. 4. This Agreement contains the entire Agreement between the Parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either Party may request changes in the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Either Party may terminate this Agreement with thirty (30) days written notice to the other Party. 5. It is hereby agreed that no waiver of any condition or covenant in this Agreement, or any breach thereof, shall be taken to constitute a waiver of any subsequent breach. 6. Any written notice required or permitted to be given herein shall be made registered or certified U.S. mail, or by delivery in person to the Party which is the intended recipient of the notice, at the following addresses or to such other respective addresses as either Party hereto may from time to time designate in writing: rA CITY OF RENTON Attn. Alex Pietsch, Administrator Department of Community & Economic Development 1055 South Grady Way Renton, WA 98057 RENTON HOUSING AUTHORITY Attn. Mark Gropper Executive Director 2900 NE 10th Street Renton, WA 98056 -3133 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. RHA shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 402409.1135818710002 -2- damages of any nature whatsoever, by reason or arising out of any negligent action or omission of RHA, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, RHA shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and RHA and their respective officers, agents, and employees, or any of them, RHA shall satisfy the same. 8. The City shall indemnify and hold harmless RHA and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against RHA, the City shall defend the same at its sole cost and expense, provided that RHA retains the right to participate in said suit if any principal of RHA is involved; and if final judgment be rendered against RHA and its officers, agents, employees, or any of them, or jointly against the City and RHA and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 9. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 402409.1 358187 10002 -3- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below. CITY OF RENTON By: Llzf"� ?�L�'— Denis Law Mayor Dated: a Cat APPROVED AS TO FORM: or, wi4`17'1' Name Ltorencc T Walteo Date a / Attest: Bonnie I. Walton, City Clerk Dated: APPROVED AS TO FORM: RHA LEGAL COUNSEL: By A Name r a-, e) (J4 Date �( 402409.1 1 358187 10002 -4-