AG 13-020 - PIERCE COUNTY & MULTIPLE MEMBER AGENCIESRETURN TO: EXT:
CITY QF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON: �-QGt,l�1 S'�i.h, `rG u EXT: 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
� PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
� GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT � SECURITY DOC�UMENT �E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE O RESOLUTION
� CONTRACT AMENDMENT (AG#): ? � INTERLOCAL
❑ OTHER
5. PR03ECT NAME: I'YLl l Yl I
6.
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NAME OF CONTRACTOR: �� Q�Y�� W l�lh.'�L� �' YY1 �l. L'I'1 Q�, IV �L�� .�
ADDRESS: TE�E
E-MAIL: FAX:
SIGNATURE NAME: TITLE
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7. EXHIBITSANDATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBTI'S ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE: ��.�,�L��-Q
9. TOTAL GOMPENSATION $�S (INCLUDE EXPENSES AND SALES TAX, ff ANY�
(IF CALCULATED ON HOUR LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: O 1�s ❑ rro tF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CTfY
❑ PURCHASING: PLEASE CHARGE TO: NI �
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
� DIRECTOR
❑ RISK MANAGEMENT {IF APPLICABLE}
oLaw . P 1•l�•13
�-
11. COUNCILAPPROVAL (iF �P1.�caBLE) �I j� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
� SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
O ATTACH: SIGNATURE AU'FHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEFARTMENT
D SIGNATORY (MAYOR OR DIRECTOR)
e'CITY CLERK
f,a' ASSIGNED AG#
[p�IGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
�
AG# fi �j_-n�
DATE SENT: }� � �]— i �
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AMENDMENT #1
to the Training Resource and Information Network (TRAIN) Agreement
Contract #60097
dated January 1, 2008
THIS FIRST AMENDMENT to Contract #60097 is made and entered into by Pierce County and the Member
Agencies to this agreement.
WHEREAS, the parties have previously entered into an agreement dated January 1, 2008 to improve the quality
of public services by developing, accessing, and expanding learning resources for public agencies and their employees.
WHEREAS, the parties desire to amend the agreement in consideration of the mutual benefits and advantages to
be derived by all parties,
IT IS HEREBY AGREED as follows:
1. The contract shall be amended to eliminate the termination date to cause the agreement to be an open ended
contract.
2. A party may terminate its participation in the contract by providing at least 90 days advance written notice in
accordance with the Notice Provisions of the original agreement. Termination will be effective as indicated in
the notice unless there is an active agreement obligating the party to a service or event. In that case, the
termination will be effective when the terms of the agreement, including payment therefore, have been fulfilled.
All other terms and conditions of the agreement and all supplements and modifications thereto shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by
their representatives being there unto duly authorized.
DATE this � day of , 2013.
PIERCE COUNTY:
Approved as to legal form only:
� 7�1
DEPUTY PROSECUTING ATTORNEY Date
Reviewed:
� / i%f l�
BUDGET & ANC Date
Approved:
�e Li�w.� / i �
� /
DEPARTMENT DIRECTOR Date
N/A
COUNTY EXECUTIVE Date
($250, 000 or more)
w , ~
TRAIN SIGNATURE SHEET
Amendment #1 Creating an Open-Ended Contract
Contract # 60097/TRAIN
Auth zed signator for agency
Organization Name
City of Federal Way
Address
33325 8th Avenue South
•� �:��
E�: �1-146��.50
l�l ► � ZU13
Date
�c�l st��-► , N� �% DI ! � �13
�rmte nam rt e ' � ate
Notification provided to:
Name: ,Tean Stanlev
Address: ����5 Rth Aven�e south
Federal Way, WA 98003
Telephone: 253-835-2532
Fax: 253-835-2509
E-maiL• iean.stanley@cityoffederalway.com
Page 2 of Amendment #1 to contract #60097
I,
0
Authai d 'gnazor for ageocy
(Signator/Titte)
TRAIN SIGNATURE SHEET
d� �- ��,�.':. i � � r— �,
SEP Z 3 �8
City of Federal Way
�N �sCOOUArc�s
P.O. Box 9718
Federat Way, WA 980b3-9718
Contract # b00971TRAIN 08
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ML!„ru �Ntr,���,t��n.t , �.a.►n Rc.�Li 7r'�tl��'
Printed 'uk
ro be identifud by agencY (as to fotm onlYi
m nvn � e
Notification provided to:
Name: Mary McDougal
Address: City of Federai Way
P.O. Box 9718
Federal Way, WA 98063-9718
EIN#: �/�/�� �so
Telephone: (253) 835-3531
Fax: (253) 835-259{l
E-mail: marv.mcdou Ig n�lcityoffederalwav.com
Date
Cc,,ntra�t�Summary ......... Page l of 2
�� CONTRACT #060097-�{� Extemal Review
~''r+''� � Original
He�
Massa es
. None
Review Path
DatefFime
03/Q7(2008
03ld7/2008
Susan L Wahlberg
initiator - (798-6174)
Altomey - (798-7748)
Susan L Wahlberg
Dept tact - for Cantractor Signature -(798-6174)
J Maenhout�'�
isk Manageme - (rif 788�E281}
Juli Smdh
ntra Coordinafor - (798-7734)
Pa ' L Kenney
ector af Budget 8 Finance •(798-7454)
Revlewed By Action Action Date
Susan L Wahlberg Approve 03/07/2008 03:36 PM
Generai Information
Contract iftle: Training Resource and Information Network (TRAIN) Agreement
Contract Type: Misceqaneous - Miscelianeous (Other)
Departmenr HUMAN RESOURCES (OOt.i55)
Cootact: Susan L Wahtberg (798-6574)
Vendor Information
Vendor Name: TACOMA PIERCE COUNTY HEALTH DEPARTMENT (104609 - Governmental Entity - EIN - 91-
1488160)
Vendor Infarmation Current Modifcation #0
Vendor Name: �'ACOMA PIERCE COUN`I"Y HEALTH DEPARTMHNT (104B09 - Governmentai EnEEty - EIN - 91-
1488160)
Contract Value
Original AmouM: $0.00
Total CoM►act Vaiue: � 50.00
Payment ierms: Due Upon Receipt
Contract Term
Current Period of PerForrnance: 01/Oi12p08 to 12/37/2012
Original Period of Pertomance: Ot/01/2d08 to 12/31/2012
Renewa! Option: Auloma#ic Annual Renewat
Checklist Questions
Does the Corttractor require the Executive's signature in lieu of any designee? �� YES � NO
Interpreter ServiceT
Is Scape Computer Related7
Related to legai representat3on?
Will Pierce County ALWAYS sign before ihe contracYor?
C.� YES ❑� NO
C�YES � NO
❑ YES �❑ NO
� YES D NO
Comments
Susan L Wahlberg (03l07/2008)
The TRAIN Agreement endeavors to improve the qaaliry of public services by developoing, accessing, and expanding leaming
resources for pub€3c agencies and iheir employees.
http://oz.co.pierce.�wa.us/cfapps/pops_ap//summaryreports/contract summary.cfm?contxact ... 3/712008
Cqntra�t �Summary ,:.... .-.. Page 2 of 2
BARS lnforma#ion
��• EncJAGoc
Yr BARS Account BARS Descriptlon Amount
lnsurance/Bond Informatian
7ype CerGficate # Company Exp. Date Bond Amouirt
Modi�ication lnformation
Mod � Modiflcat3on Type Start Date End Date Max Amt Adj Vendor Name
0 Orig'snal 01/01/2008 f2/31/2012 $0.00 TACOMA PIERCE C011NTY HEAI.TH DEPARTMENT
http://oz.co.pierce.wa.us/cfapps/pops_ap//summaryreports/contract sumtxaary.cfm?contract ... 3/7/2008
! ,..
THE TRAINING RESOURCE AND INFORMATIQN NETWORK (TRAIN)
AGREEMENT
THIS AGREEMENT is entered into this day by and between the Member
Agencies wha are public agencies and signataries to this Agreement. The term of this
Agreement shall commence on the lst day of January, 2008, and shall, ur�tess terminated
eisewhere in accordance with this Agreement, terminate on the 315t day of December,
ZOI2.
RECITALS
The parties desire to improve the quality of public services by developing, accessing and
expanding learning resources for the Member Agencies and their employees;
As recipients of public tax dolIars, the parties aze obligated to the citizens of their
communities to wisely and efFectively use the funds under their control to train, develop
and retain quality employees;
The parties provide simitar services to the public and their empioyees require similar
learning opportunities to maintain an excellent level of knowledge, skills, abilities and
service;
The needs of each party's jurisdiction are similar and the ability to meet those needs
varies;
Through careful and creative sharing of ths parties' various resources all Member
Agencies can expand their capacity to offer training and development services to their
employees, expand their resource pool, and avoid duplication of services;
NOW,1'I�REFORE, in consideration of the terms and conditions contained herein, and
of the mutual benefits and obligations set forth herein, it is mutually agreed between the
parties as follows:
TERMS OF THE AGREEMENT
SECTION l. PURPOSE. The purpose of TRAIN shall be to improve the qualzty
of public services by developing, accessing and expanding learning resources for public
agencies and their employees.
SECTION 2. PARTIES' OBLIGATIONS. The parties shall provide services ta
TRA1N as set forth in this Agreemeni.
SECTION 3. TERM OF TI3E AGREEMENT. The Agreement shall be
effective as to each party upon signature and until such time as the party prnvides notice
of termination of its participation, according to the Notice Provisions of this Agreement.
Termination wili be effective immediately unless there is an active agreement obligating
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that party to a service or event. In that event, the termination will be effective when the
agreement has been fulfilled.
SECTION 4. INDEMNIFICATION AND DEFENSE. Member Agencies
when providing or utilizing resources or services pursuant to this agreement shall
defend, indernnify, and save harmtess ather Member Agencies, their officers, employees,
and agents from any and aIi costs, ciaims, judgments, or awards of damages, resulting
from the negligent acts ar omissions of the Member Agency, its officers, employees, or
agents associated with this Agreement, except as pravided herein. In executing this
Agreement, the Member Agencies do not assume liability or responsibiliry for or in any
way release other Member Agencies from any liability or responsibility which arises in
whole or in part from the existence or effect of a Member Agency's ordinances, ruies,
regulations, resolutions, customs, policies, or practices (hereinafter, "regulations"). If any
cause, claizn, suit, action or administrative proceeding is commenced in which the
enforoeability and/or validity of any such regulation is at issue, #hat Member Agency
shali defend such clairns at its soIe expense, and if judgment is entered or damages are
awarded solely on such claims against ihat Member Agency, another party or other
parties, that Member Agency shall satisfy the same, including all chargeable costs and
attorney's fees. If any cause, claim, suit, action or adxninistrative proceeding is
commenced by a Member Agency's employee, in which another Memb�r Agency's
training content and/or the adequacy of the training is at issue, the employing Member
Agency shall defend such claims at its sole expense, and if judgment is entered or
damages are awarded solely on such claims against another Member Agency, the
employing Member Agency sha11 satisfy the same, including alI chargeable costs and
attorney's fees. It is further provided that no liabilifiy shall attach to any Member Agency
by reason of entering into this agreement, except as expressly provided herein.
SECTION 5. NU THIRD-PARTY BENEFICIARY. The Members of the
TRAIN network do not intend by #his Agreement to assume any contractual obligations
to anyone other than the Members as set forth in this Agreement. The Member Agencies
do not intend that there be any third-party beneficiary ta this Agreement.
SECTION 6. INSURANCE CUVERAGE. The Member Agencies shatl
maintain at all times during the course of this Agreeinent either a Commercial general
liability insurance poticy of $1,000,000 or seif insured comparable coverages.
SECTION 7. NON-DISCRIMINATION. The parties certify that they are Equal
Opportunity Employers.
SECTION 8. ASSIGNMENT. No party shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the
prior written consent of all other parties.
SECTION 9. NOTICE PROViSiONS. Any formal notice or communication to
be �iven by a Party under this Agreement shall be deemed properly given if e-mailed,
TRAINtlgreement 2008
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delivered or mailed postage prepaid and addressed to the signatories to this Agreement at
the addresses specified herein.
SECTION 10. RELATIONSHIP OF THE PARTIES. The parties intend that
an independent contractor/governmental agency relarionship be created by this
Agreement. Nothing cantainetl herein shall be construed as creating the relationship of
employer and employee or principal and agent between any of the parties and another
party's agents or employees. Each party shall retain a11 of its authority for rendering
services, standards af performance, control of personnel, and other matters incident to the
per%rmance of this Agreement.
Nothing in this Agreement shall make any employee of a party an employee of
another party foz any purpose including, but not limited to, withholding of taxes, payment
of benefits, worker's compensation pursuant to Tit(e 5 i RCW, or any other rights or
privileges accorded ta any party's employees by virtue of their employment with that
P�Y•
SECTION 11. WAIVER. No waiver by any party of any term or condition of
this Agreement shall be deemed or construed to constitute a waiver of any other term or
condition or of any subsequent brea.ch, whether of the same or a different provision of
this Agreement.
SECTTON 12. ENTIRE AGREEMENT. This Agrcement contains all of the
Agreenaents of the Parties with respect to any matter covered or mentioned in this
Agreement and no prior agreements sha11 be effective for any purpose.
SECTION I3. CONTRACT ADMINISTRATIQN. Fierce County shall be
responsible for maintaining this original contract and far providing notice of additional
Me�bers to the other Members.
SECTION 14. CONTRACT NOTIFICATION. All changes, additions,
deletions, amendments or termination wili be delivered ta Pierce County Human
Resources Department at 615 South 9`� St. Suite 200, Tacoma, WA. 98405.
SECTION i 5. AMENDMENT. Provisions within this Agre�rnent may be
amended with the mutual consent of the parties hereto; however, new Member Agencies
ta this Agreement may be added by Pierce County at any time without the mutual consent
of the parties and sha11 be effective for the reznainder of the contraet term. No other
additions to or al#erations of the terms of this Agreement shall be valid unless made in
writing, formally approved and executed by duly authorized agents of the parties.
SECTION l6. NO REAL PROPERTY ACQUISiTION OR JOINT
FINANCIlVG. This Agreement does not provide for the acquisition, haiding, or disposal
of real property. Nor does this Agreement contemplate the financing of any joint or
caoperative undertaking. There shall be no budget maintained for any joint or
cooperative undertaking pursuant to this Agreement.
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SECTION 17. SEVERABILITY. If any of the provisions contained in this
Agreement are held illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.
SECTION 18. FUTURE NON ALLOCATION OF FUNDS. Notwithstanding
any other teims of this Agreement, if sufficient funds are not appropriated or altocated for
payment under this contract for any future fiscal period, the Meznber Agency wilt not be
obligated to make payment for services or amounts after the end of the fiscal period
through which funds have been appropriated and allocated, unless authorized by the
legislative authority. No penalty or expense shall accrue to the M�mber Agencies in the
event this provision applies.
SECTTON 19. GUIDING PRINCIPLES.
l. Each party has proprietary "rights" to their own resources.
2. Each party identifies their own resources to be included in the pool.
3. Meznber Agencies "join" by requesting or offering resources or services and agreeing
by signature of authorizing agent to the guiding principles and grocedures of this
Agreement. Member Agei�cies will each designate a representative to TRAIN who will
be authorized to enter into this agreement.
4. This agreement is subordinate to other existing agreements or contracts inclnding
collective bargaining agreements, and federal, state or local laws.
S. This Agreement shall not relieve any public agency of any obligation or responsibility
otheiwise imposed upon it by taw.
SECTION 20. DEFINITIONS. The fotlowing, as defined herein, may be
utilized by the TRAIN network:
Qpen Serviees: When there is nfl significant cost incurred by the providing Member
Agency such as space available in scheduled courses.
Shared Resources: Those resources identified by the Member Agency available to the
network which may include:
Services: Trainers, facilitators, mediators, consultants
Resources Purehased by TRAIN Agency Members: Videos, curricula,
materials provided that each entity shall comply with any procurement and/or
bidding requirements appiicable to that entity.
Resources Created by Member Agencies: Videos, curricula, training materials,
online courses.
Existing Resourees: Space, materials, videas, books.
Tailored services: Services provided when ane Member Agency provides services
exciusively to another and tailored to that jurisdictions' needs. Charges for tailored
sen�ices will be for actual expenses {staff time, materials, costs incurred). This conld
include training, faciiitation, consultation and mediarion_
TR�2IN.4greement 2008
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Shared Events: Conferences, workshops, pres�ntations, seminars.
Other: Resources and s�ervices deemed appropriate by the parties.
SECT'ION 21. ARRANGEMENT FOR SERVICES. Services can be arranged
through a letter of agreement or engagement, a job order, or a purchase order from one
authorized TRAIN Agency Member to another, under the agency's applicable purchasing
procedures, by referencing this a�reement. Such lettezs or orders will outline #he scope of
services to be provided, dates of delivery and terms of payrnent if appropriate.
SECTION 22. PAYMENT FOR SERVICES. Any payment for services will
reference this agreement and follow participating agency procedures. Payment znay be
on a cost per participant basis, cost based on expected level of participation or actual cost
for materials consurned.
IN WITNESS WHEREOF, the Parties have caused this Ageement to be executed on the
dates indicated:
PIERCE COUNTY:
Approved As to I,egal Form Only:
��� �1�.���. � �� I a�
Prosecuting Attorney Date
Recommended: �
� 3 -�
B dget and Financery��� Dafe
Approved:
1 3 (U `�
Department irector Date
{less than $250, 000)
N/A
County Executive {over �250, 000) Date
TRAINAgreement 2008
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