HomeMy WebLinkAboutRES 4362CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4362
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CITIES OF
AUBURN AND KENT FOR THE PURPOSE OF PLANNING, FUNDING, AND
IMPLEMENTING A JOINT FUNDING PROGRAM ENTITLED THE "VALLEY CITIES
ASSOCIATION," FOR THE YMCA OF GREATER SEATTLE ALIVE & FREE PROGRAM.
WHEREAS, the City and the Cities of Auburn and Kent (collectively the "Cities") are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, the Cities desire to enter into an interlocal agreement entitled "Memorandum
of Understanding Between the Cities of Auburn, Kent, and Renton for Planning, Funding, and
Implementation of a Joint Funding Program" ("MOU"), in order to formalize a cooperative
arrangement between the Cities, known as the "Valley Cities Association;" and
WHEREAS, the purpose of this arrangement is to address shared community issues,
including, but not limited to gang prevention and intervention, through the YMCA of Greater
Seattle Alive & Free program; and
WHEREAS, the YMCA of Greater Seattle Alive & Free program is designed reduce gang
violence and advocate on behalf of young people directly involved in and impacted by gang
violence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into the MOU,
attached hereto as Exhibit A and incorporated by this reference.
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RESOLUTION NO. 4362
PASSED BY THE CITY COUNCIL this 10th day of December, 2018.
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A. Seth, 0iiy Clerk
APPROVED BY THE MAYOR this 10th day of December, 2018.
Approved as to form:
Shane Moloney, City Attorney
RES.1788:11/30/18:scr
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Denis Law, Mayor
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RESOLUTION NO. 4362
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITIES OF AUBURN, KENT, AND RENTON 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, 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
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. Purpose of MOU. 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. Joint Participation.
a. Lead City. One of the parry 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. Participating 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
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Joint Funding MOU
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settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for
such settlement or judgment.
3. FundinArrangement.
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 st of the next calendar year the Lead City will 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 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 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 written 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
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Joint Funding MOU
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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
Auburn
Chief William (Bill) Pierson
wplerson@aubumwa.gov
Kent
Renton
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 Wrongful Conduct Beyond the Scope of Employ 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
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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. Insurance. 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. Oversight Committee. 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.
I I . Applicable Law; Venue; Attorney's Fees. 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
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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. Signed Counterparts. 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_.
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CITY OF AUBURN
By:
Title:
Date:
Attest:
CITY OF KENT
By:
Title:
Date:
Attest:
CITY OF RENTON
By:
Title:
Date:
Attest:
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
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EXHIBIT A
to
Memorandum of Understanding (MOU) between the Valley Cities Association for
planning, funding, and implementation of joint funding program.
CALENDAR YEAR 2019
Name of Agency
Participating Cities & Tentative Funding
MCA of Greater Seattle -
Auburn - Lead City - $30,000
Alive & Free Program
Kent - $30,000
Renton - $60,000
TOTAL - $120,000