The URL can be used to link to this page

Home My WebLink AboutContract CAG-14-111 MEMORANDUM OF UNDERSTANDING Between KING COUNTY, WASHINGTON And The City of Renton This Memorandum of Understanding, hereinafter"Agreement", regarding the My Commute Expansion Project, is entered into, by, and between the City of Renton, hereinafter"City", and King County, Washington, hereinafter"County", whose principal Geographic Information System Services office is located at 201 South Jackson Street, Suite 706, Seattle, Washington 98104. WHEREAS, County and City desire to work collaboratively in the performance of all work covered by this Agreement, to ensure that the most current, accurate, and comprehensive travel management information is available to the My Commute Expansion Project, so as to maximize the benefits of this application to the general public; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Background and Objective The King County My Commute Map is a web-based application available to the public which displays current and upcoming road closures, restrictions, and construction alerts posted by the Washington State Department of Transportation and the King County Department of Transportation's Road Services Division. It was created as a service to the residents and travelers in King County. It is the County's desire to expand the reach and utility of this web application to better serve its audience. Recognizing a need to incorporate traffic management information from local jurisdictions and other external partners, the objective of the My Commute Expansion Project is the development and management of an intake process to add local jurisdictional traffic management information to the My Commute Map. 2. Responsibilities of the Parties The responsibilities of the parties to this Agreement shall be: A. County: (i) Develop and manage the intake process for traffic management information provided by City. (ii) Provide the server, programming, and connectivity for the My Commute web application. (iii) Designate a Program Manager as the administrative point of contact and a technical contact for all issues related to City's traffic management information. (iv) Communicate and coordinate with City representatives as necessary to ensure consistent timely ongoing updates of City's traffic management information. 1 B. City: (i) Provide traffic management information and data in agreed-upon forms and formats. (ii) Provide staff support time to maintain and update City's traffic management information and to investigate and resolve problems as necessary. (iii) Designate a Program Manager as the administrative point of contact and a technical contact for all issues related to City's traffic management information. (iv) Notify County promptly of any anticipated changes to traffic management information format or content, and of any planned staffing and/or procedural changes which could affect the management and provision of City's traffic management information. 3. Funding and Payment This project is funded by an external grant. No funds will be transferred from either party to the other under the terms of this Agreement. 4. Indemnification Each party shall protect, defend, indemnify and hold harmless the other party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties,judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each party's own negligent acts or omissions. Each party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. 5. Guarantee/Warranty A. County understands, acknowledges, and agrees that, to the maximum extent permitted by law, City will provide all traffic management information "as-is", without any guarantee or warranty of any kind, either express or implied. City does not guarantee or warranty that: (i) The traffic management information furnished under this Agreement will meet County's needs or expectations in all respects; or (ii) Any traffic management information it provides will meet County's expectations or requirements in all respects, or that all nonconformities, omissions, or errors can or will be corrected. City specifically disclaims all warranties, express or implied. B. County acknowledges and agrees that: (i) County is not relying on any City statements or promises; (ii) To the extent that City's traffic management information is to be used by County for making judgments, said information is intended for use solely by professionals trained in making those judgments; and 2 1 (iii) City is not responsible or liable for any consequences that may follow from County's use of City's traffic management information to make any such judgments. 6. Record Keeping and Reporting A. County shall maintain accounts and records deemed necessary by County to ensure the performance of this Agreement. B. County shall maintain its records for a period of six (6) years after termination hereof unless permission to destroy them is (i) granted by the office of the archivist in accordance with RCW Chapter 40.14; and (ii) by City. 7. Effective Date of Agreement The effective date of this Agreement shall be that of the latest-dated signature of the parties below. This Agreement shall begin on the effective date and be perpetual unless terminated by the parties in accordance with the provisions set forth below in Subsection 12, Termination. 8. Agreement Management and Notices County designates the following individual to serve as the primary administrative point of contact, acting on its behalf with regard to all matters under this Agreement: George Horning Manager King County GIS Center 201 South Jackson Street, Suite 706 M/S KSC-NR-0706 Seattle, Washington 98104 206-477-4401 george.horninq a(.kingcountv.gov City designates the following individual to serve as the primary administrative point of contact, acting on its behalf with regard to all matters under this Agreement: Gregg Zimmerman, P.E. Public Works Department Administrator City of Renton 1055 South Grady Way, 5th Floor Renton, WA 98057 Phone: (425) 430-7311 E-mail: Gzimmerman(a)rentonwa.gov All notices, reports, and other documents related to this Agreement, or to the responsibilities set forth above in Subsection 2, Responsibilities of the Parties, shall be sent to these individuals whenever necessary. 9. 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 3 enforce any term of this contract, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 10. Assignment and Subcontract Neither party shall assign or subcontract any portion of the responsibilities set forth above in Subsection 2, Responsibilities of the Parties, without the written consent of the other party. 11. Third Parties Nothing in this Agreement shall create any right, duty, obligation, or cause of action in any person or entity other than County and City. 12. Termination This Agreement may be terminated at any time by either party for cause by giving to the other party thirty (30) calendar days written notice of the notifying party's intention to terminate the Agreement. This Agreement also may be terminated at any time by either party for any reason by giving to the other party sixty (60) calendar days written notice of the notifying party's intention to terminate the Agreement. Failure by City to provide its traffic management information in a consistent timely ongoing manner may result in the termination of this Agreement. 13. Severability Nothing in this Agreement is intended to supersede current law or regulation. If a term of this Agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this Agreement shall remain in full force and effect. 14. Non-Exclusivity This Agreement in no way restricts any party from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 15. Entire Agreement This Agreement and its attachments, if any, contain the entire agreement between the parties hereto. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. Either party may request changes in the Agreement. Proposed changes which are mutually agreed by the parties shall be incorporated by written amendment(s) to this Agreement. 4 SIGNATURES The parties acknowledge their acceptance of, and agreement to, the terms and conditions set forth above by their signatures below: CITY OF RENTON Aecipi �/�Gre gg Zir an Date City of Re n Public Works Administrator KING C NTY William Kehoe Da - Director King County Information Technology 5