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HomeMy WebLinkAbout13-060 - Tukwila et al - Memorandum of Understanding for Joint Funding and Implementation / Human Services Program13-060(a) Council Approval N/A AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM THIS AMENDMENT NO. 1 ("Amendment") is made between the cities of KENT, AUBURN, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, MERCER ISLAND, REDMOND, RENTON, SAMMAMISH, SEATAC, SHORELINE, and TUKWILA (collectively, "Cities") and amends the Agreement for Services the parties entered into in 2013 concerning the planning, funding, and implementation of a joint human services application and funding program ("Agreement"). I. RECITALS 1.1 Through the Agreement, the City of Kent ("Kent") was appointed as the lead city to contract directly with an online grant subscription service on behalf of the Cities who have elected to participate in the online funding application portal. The Agreement specifically named an online grant service provider that Kent would utilize—Western States Arts Federation. 1.2 Kent has discussed with the Cities that it would like to transfer the joint application and funding portal to another service provider. However, because the Agreement identified a single particular service provider, it is first necessary to amend the Agreement to authorize a change in the service provider. 1.3 The Cities also wish to make other amendments to the Agreement to update notice addresses, and for efficiency purposes, to identify a representative from each of the Cities to whom authority has been delegated to authorize future amendments to the Agreement. II. AMENDMFNNT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the Cities agree as follows: 2.1 as follows: Online Grant Service Provider - Selection. Section 2(a) of the Agreement is revised 2. Joint Participation. a) Lead City. The City of Kent shall be the designated lead city ("Lead City"). The Lead City shall contract directly for and manage the online grants subscription service with a vendor recommended by Kent and selected by the' Oversight Committee as provided for in section 9 Western States Arts Federation("Vendor"). The AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 1 151- 04- o2 O t.--toi n c.,J other responsibilities of the Lead City are described in section 4. 2.2 Representatives Appointed. Section 7 of the Agreement is repealed in its entirety and replaced with the following: 7. Representatives Appointed. Each of the Cities shall appoint a representative (collectively "Representatives") to negotiate any future amendment to this Agreement as the Cities' representatives "Representatives" may determine is needed. Any notice that inay be required to be given under this Agreement shall be sent to the Cities' authorized Representatives identified on the attached and incorporated Exhibit B, at their addresses stated therein, which Exhibit B shall be updated periodically as needed. 2.3 Oversight Committee. Section 9 of the Agreement is amended as follows: 9. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of six City representatives, as follows: one each from three member Cities from South King County, and one each from three member Cities in North/East King County, to be designated by the Lead City. The representative appointed to the Oversight Committee need not be the same person appointed of each City shall be that person under designated in section 7 of this Agreement by the City he or she represents. The Oversight Committee will shall meet at least annually, no later than July 31, to discuss the terms of the Agreement and oversee project management and ensure that the services required under this Agreement are fulfilled and the terms of this Agreement followed. Should the Lead City or any Participating City recommend a new service provider be procured, the Oversight Committee will oversee the selection and approval of a new vendor. A change in vendor may be authorized by the Oversight Committee if the change does not significantly alter the fee structure or require an amendment to the terms of this Agreement. request any changes to the services provided pursuant to the Agreement. The Committee shall provide AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 2 written notice of any proposed changes to all member Cities no later than August 15. If significant alterations are required to the fee structure, or if an amendment is required to this Agreement, those changes may be effectuated only through a fully executed amendment to this Agreement signed by the Cities through their Representatives appointed under section 7. 2.4 Amendments. Section 11 of the Agreement is amended as follows: 11. Amendments. This The Oversight Committee may propose toAgrecmcnt may be amended, altered, changed or extend this Agreemented in any manner and shall seek fie -mutual written consent of all Cities through their Agencies' contractin authorit that any member City may substitute an alternate Contact to the Lead City, and provided, further, that any such • or change to this Agreement. 2.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 2.6 Facsimile/Email Signature. Either party may execute and deliver this Amendment by telephone facsimile or by emailing a PDF version of the original signature page, and that signature shall have the salve force and effect as if executed in original. 2.7 Remaining Provisions. Except as specifically amended by this Amendment, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment, which shall become effective on the last date executed below. CITY OF AUBURN Approved As To Form: By: Title: Date: City Attorney CITY OF BELLEVUE Approved As To Form: By: Title: Date: AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 3 City Attorney AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 4 CITY OF BOTHELL Approved As To Form: By: Title: Date: City Attorney CITY OF BURIEN Approved As To Form: By: Title: Date: City Attorney CITY OF COVINGTON Approved As To Form: By: Title: Date: City Attorney CITY OF DES MOINES Approved As To Form: By: Title: Date: City Attorney CITY OF FEDERAL WAY Approved As To Form: By: Title: Date: City Attorney CITY OF ISSAQUAH Approved As To Form: By: Title: Date: City Attorney CITY OF KENMORE Approved As To Form: By: Title: Date: CITY OF KENT By: Title: Date: City Attorney Approved As To Form: AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 5 City Attorney CITY OF KIRKLAND Approved As To Form: By: Title: Date: City Attorney CITY OF MERCER ISLAND Approved As To Form: By: Title: Date: City Attorney CITY OF REDMOND Approved As To Form: By: Title: Date: City Attorney CITY OF RENTON Approved As To Form: By: Title: Date: City Attorney CITY OF SAMMAMISH Approved As To Form: By: Title: Date: City Attorney CITY OF SEATAC Approved As To Form: By: Title: Date: CITY OF SHORELINE By: Title: Date: CITY By: Rl n Title: rvt Date: `aI-I8 City Attorney Approved As To Form: City Attorney Approved As To Form: AMENDMENT NO. 1 TO THE AGREEMENT FOR PLANNING, FUNDING, AND IMPLEMENTING A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM - 6 FILE COPY 13-060 Council Approval 2/4/13 AGREEMENT FOR SERVICES BETWEEN THE CITIES OF KENT, AUBURN, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, MERCER ISLAND, REDMOND, RENTON, SAMMAMISH, SEATAC, SHORELINE, AND TUKWILA, FOR PLANNING, FUNDING AND IMPLEMENTATION OF A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM THIS AGREEMENT FOR SERVICES ( "Agreement ") is entered into by and among the Cities of Kent, Auburn, Bellevue, Bothell, Burien, Covington, Des Moines, Federal Way, Issaquah, Kenmore, Kirkland, Mercer Island, Redmond, Renton, Sammamish, SeaTac, Shoreline, and Tukwila, Washington, hereinafter referred to as "Cities ", to provide for planning, funding and implementation of a joint human services application and funding program. WHEREAS, the Cities engage in activities that support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in King County; and WHEREAS, the Cities have the authority to engage in cooperative efforts that result in more efficient use of Government resources; and WHEREAS, the Cities agree that such multi jurisdictional cooperation is a benefit to the Cities, local human service providers, and to the citizens of their communities; NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of Agreement. The purpose of this Agreement is to facilitate the alliance of the 18 member Cities who independently provide funding to organizations to provide critically needed human services in their communities, but jointly receive reports and applications for grant funding through one online grant subscription service and portal. The various human service programs funded by the member cities include food security, housing and homelessness prevention, health, mental health, youth services, and others. 2. Joint Participation. a) Lead City. The City of Kent shall be the designated lead city ( "Lead City "). The Lead City shall contract directly for and manage the online grants subscription service with Western States Arts Federation ( "Vendor "). The other responsibilities of the Lead City are described in section 4. I St- o.f a-CY �/� 1 Online Grant Funding Application Agreement Page 2 of 10 b) Participating City. A Participating City is a City participating in the joint online funding application portal, who is a party to this Agreement, and who is not a Lead City. 3. Funding Arrangement. The Lead City and each Participating City will jointly participate in the costs to run the online grants subscription service. The allocation of costs shall be based on population ranges of each city, as established by population estimates made by the Office of Financial Management pursuant to RCW 43.62.030. The initial allocation shall be as described in Exhibit A, attached and incorporated herein, and shall remain the same unless revised pursuant to the terms of this section 3. In the event that any City terminates its participation in this Agreement, the Lead City shall revise the allocation for the calendar year immediately following the year in which the written notice of such termination is given; provided, however, that the revised allocation shall remain in the same proportions as described in Exhibit A, and in no event shall the total sum of the revised allocations exceed the total sum of the initial allocation. Any Participating City requesting a change in allocation for reasons other than the termination of a City, as described above in this section 3, may only do so by written amendment to this Agreement, in accordance with section 12. Each Participating City shall provide its annual financial contribution to the Lead City no later than thirty (30) days after receiving invoice from the Lead City, pursuant to Section 4(a) below. 4. Responsibilities of Lead City. The Lead City has been designated to act as the fiscal and administrative agent for the Participating Cities, and the Lead City shall perform its responsibilities without the payment of any additional administrative fee, or cost to the Participating Cities beyond the funding allocation set forth in section 3 above. The responsibilities of the Lead City shall include the following: a) Send an invoice to each Participating City by February 15th of each year for their annual funding participation. b) Contract with the Vendor, and manage the performance of the online grants subscription service. c) For each year after the first year of this agreement, provide a projected estimate of the annual financial contribution to be made by each of the Participating Cities no later than September 30th of the preceding calendar year in which the contribution is to be made. d) Maintain accounts and records that properly reflect transactions related to this Agreement. 5. Duration. This Agreement shall become effective when it is approved by a majority of the Cities and shall remain in effect through December 31, 2013, with automatic extensions annually, unless terminated as described in section 6. 6. Termination. a) Any Participating City may terminate its participation in this Agreement without cause by giving the other Cities a thirty (30) day written notice. The terminating party shall remain fully responsible for meeting its funding Online Grant Funding Application Agreement Page 3 of 10 responsibilities and other obligations established by this Agreement through the end of the calendar year in which such notice is given. If at any time termination of a City results in fewer than ten Cities remaining as parties to this Agreement, then this Agreement shall automatically terminate after sixty (60) days for all remaining Cities, provided that all Cities shall remain fully responsible for funding responsibilities and other obligations established by this Agreement through the end of the calendar year in which such termination becomes effective. b) The Lead City may terminate its participation in this Agreement without cause by giving the other Cities a sixty (60) day written notice. The Lead City shall remain fully responsible for meeting its funding responsibilities and other obligations established by this Agreement, including administrative duties, through the end of the calendar year in which such notice is given. In the event of termination by the Lead City, the Oversight Committee shall meet no later than thirty (30) days after written notice of termination is given, to designate one of the remaining Participating Cities as the Lead City. If all the member Cities do not provide written consent of the designation made by the Oversight Committee within sixty (60) days of the Committee's selection, then this Agreement shall immediately terminate, provided that all Cities shall remain fully responsible for funding responsibilities and other obligations established by this Agreement through the end of the calendar year in which such termination becomes effective. 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Michael Hursh, Advisor to the Mayor Bellevue Joseph Adriano, Human Services Grant Coordinator Bothell Lynda Quinn, Sr. Administrative Assistant Burien Lori Fleming, Management Analyst Covington Victoria Throm, Human Services Analyst Des Moines Sue Padden, Senior Center Manager Federal Way Jay Bennett, Community Services Manager Issaquah Lisa Zurhorst, Executive Assistant Kenmore Leslie Harris, Management Analyst Kent Katherin Johnson, Human Services Manager Kirkland Sharon Anderson, Human Services Coordinator Mercer Island Cynthia Goodwin, Department of Youth and Family Services Director Redmond Brooke Buckingham, Human Services Planner Renton Karen Bergsvik, Human Services Manager Sammamish Melonie Anderson, City Clerk SeaTac Colleen Brandt - Schluter, Human Services Manager Shoreline Rob Beem, Community Services Manager Tukwila Evie Boykan, Human Services Manager Online Grant Funding Application Agreement Page 4 of 10 The Lead City shall maintain a current list of City Contacts, and shall provide an updated Contact list to all Participating Cities annually. 8. Indemnification. Each City agrees to indemnify the other Cities from any claims arising out of the willful misconduct or negligent performance of services or duties under this Agreement, committed by such City, or the City's employees or agents. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington 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. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of six City representatives, as follows: one each from three member Cities from South King County, and one each from three member Cities in North/East King County, to be designated by the Lead City. The representative of each City shall be that person designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually, no later than July 31, to discuss the terms of the Agreement and request any changes to the services provided pursuant to the Agreement. The Committee shall provide written notice of any proposed changes to all member Cities no later than August 15. 10. 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 and agree that venue shall be exclusively in King County, Washington. Each party shall be responsible for its own attorney's fees and costs of suit. 11. Amendments. This Agreement may be amended, altered, changed or extended in any manner by the mutual written consent of all member Cities; provided that any member City may substitute an alternate Contact person under section 7 by providing written notice thereof to the Lead City, and provided, further, that any such substitution shall not constitute an amendment, alteration or change to this Agreement. 12. Counterparts. This document may be executed by facsimile or electronic mail in any number of current parts and signature pages hereof with the same effect as if all parties had all signed the same document. All counterparts, each one which shall be considered an original, together constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have entered into this Agreement as of this day of ,2013. Online Grant Funding Application Agreement Page 5 of 10 CITY OF AUBURN By: Title: Date: CITY OF BELLEVUE By: Title: Date: CITY OF BOTHELL By: Title: Date: CITY OF BURIEN By: Title: Date: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Online Grant Funding Application Agreement Page 6 of 10 CITY OF COVINGTON By: Title: Date: CITY OF DES MOINES By: Title: Date: CITY OF FEDERAL WAY By: Title: Date: CITY OF ISSAQUAH By: Title: Date: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Online Grant Funding Application Agreement Page 7 of 10 CITY OF KENMORE By: Title: Date: CITY OF KENT By: Title: Date: CITY OF KIRKLAND By: Title: Date: CITY OF MERCER ISLAND By: Title: Date: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Online Grant Funding Application Agreement Page 8 of 10 CITY OF REDMOND By: Title: Date: CITY OF RENTON By: Title: Date: CITY OF SAMMAMISH By: Title: Date: CITY OF SEATAC By: Title: Date: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Online Grant Funding Application Agreement Page 9 of 10 CITY OF SHORELINE By: Title: Date: CITY OF TUKWILA C2 By: Title: Date: Approved As To Form: City Attorney Approved As To Form: Online Grant Funding Application Agreement Page 10 of 10 Exhibit A Fee Schedule City 2013 Fee Population 63,390 Auburn $750.00 Bellevue $1,000.00 124,600 Bothell $500.00 17,280 Burien $500.00 47,730 Covington $500.00 17,760 Des Moines $500.00 29,700 Federal Way $750.00 89,460 Issaquah $500.00 31,150 Kenmore $500.00 21,020 Kent $1,000.00 119,100 Kirkland $750.00 81,480 Mercer Island $500.00 23,154 Redmond $750.00 55,360 Renton $1,000.00 93,910 Sammamish $500.00 47,420 SeaTac $500.00 27,210 Shoreline $750.00 53,270 Tukwila $500.00 19,080 $11,750.00 Population 0 -50000 50000 -90000 90000+ Fee $500.00 $750.00 $1,000.00