HomeMy WebLinkAboutLW17-375 - Original - City of Auburn & City of Federal Way - Reciprocal Emergency Operations Center Use - 06/23/2017 Records Mare em
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WASHINGTON Document
CONTRACT COVER SHEET I 1
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Cities of Auburn and Federal Wav
Vendor Number:
JD Edwards Number
Contract Number: V 11 .315
This is assigned by City Clerk's Office
Project Name: Reciprocal Emergency Operations Center Use
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: June 23, 2017 Termination Date: N/A
Contract Renewal Notice (Days): 30 Days Notice to terminate
Number of days required notice for termination or renewal or amendment
Contract Manager: Christina 5chuck Department: Law
Contract Amount: N/A
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
Reciprocal EOC Use Agreement
Between the Cities of
Auburn, Federal Way, Kent
I. The Parties to this Agreement are The City of Auburn The City of Ke;r% and the c of
Fed ral Wa , each of which is a municipal corporation authorized to enter into this
agreement pursuant to Chapter 39.34 (hrterlocal Cooperation Act) of the Revised Code of
Washington.
2. Statement of need or goals. All parties recognize the importance for each city to have an
Emergency Operations Center (EOC) to coordinate emergency operations during major
emergencies or events. Each city has a dedicated EOC, and trained staff to coordinate its
efforts as described in each city's Comprehensive Emergency Plan. Alt parties also recognize
that an event or emergency may render the EOC of any, or all, cities inoperable and the
parties may need to perform EOC related duties from an alternate location. The purpose of
this Agreement is to allow one party to use the EOC of another party, if available for use.
3. What is included in the Agreement. Use of the host city's EOC, communications
equipment, audio visual equipment and other equipment that generally makes up the EOC.
4. Radius/phones/computers/room size needed. While each EOC will have different features,
capabilities and equipment, it is the intent of the parties that the features, capabilities and
equipment in use in any EOC, included but not limited to electricity, water, internet, cable,
restroom(s), telephone(s), computer(s), and radio(s), will be available for use by the
requesting city.
5. When Agreement will be used. The Agreement may be used when a requesting city's EOC
is determined to be unusable during an event that would normally prompt the city to open
and operate its EOC. This includes any event that triggers the requesting city's emergency
management system. A host city's EOC will only be available if the host city does not
anticipate using its EOC during an event.
6. How to activate. Upon determination of need by the requesting city's emergency manager or
designee, the requesting city's emergency manager or designee will contact the host city's
emergency manager, or designee, to request use of the host city's EOC. The request should
estimate the level of activation (number of people expected to operate the EOC for the event
or incident) and the estimated time the EOC will need to be operational. Any special needs
should also be described at the time of the request.
7. Duration. The parties agree that effective EOC operations are essential for successful
resolution of an incident or event, and once open, the host EOC should be available for at
least one operational period. If an activation lasts more than one operational period, the
EOC manager shall provide the host city with an updated estimated time the EOC will need
to be operational. The requesting city will keep the activation as shot of duration as
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reasonable. Operational periods vary depending on the event or emergency and frequently
last for periods of 4-12 hours.
8. Support by host city. The host city will provide a liaison, when possible, to assist with
operation of equipment, supplies, and other infrastructure needed to operate the EOC. Once
Lip and operational, the parties will determine if the liaison is required full time, or simply
available as needed.
9. Requesting city responsibilities. The requesting city shall maintain all equipment in an
operational condition and shall not make any changes to computers, radios, hardware or
software without the consent of the host city. The requesting city is responsible for the
cleanup of any debris and returning the facility to its normal condition.
10. Recovery of any costs incurred. The requesting city shall be responsible for any damages,
repairs, and personnel costs incurred by the host city as a result of the requesting city's use.
11. Timing. The host city will make the EOC available within one hour of approving a request.
12. Practice/Exercise. In order to effectively activate this Agreement and use another city's
EOC, the parties recognize that training and/or exercises will be beneficial to all parties. The
parties agree to host one training session or exercise lasting up to 3 hours in their EOC each
year. The timing and duration of the training session or exercise shall be mutually agreed
upon by the parties.
13. Contact information. Each city will provide contact information for three city individuals
authorized to allow a host city to use its EOC on short notice. Contact information shall
include name, title, email address, work phone and mobile phone number for each individual
and should be updated or confirmed when a listed individual leaves his/her position or on an
annual basis.
14. Reciprocal nature. The intent of this Agreement is to be reciprocal in nature. Each city
acknowledges that it may either act as the host city or the requesting city at any time and that
the benefits are roughly equal in nature.
15. Cancellation of agreement. Should any party desire to withdraw from this agreement, it
shall provide 30 day's written notice to the other parties. In the event that one city withdraws
from the agreement, it shall not affect the other parties' agreement.
16. Insurance. The requesting city shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverage, that include a
severability of interest provision, as appropriate for the size of the EOC and the host city.
17. Indemnifiication. Indemnification and Defense: Each city agrees to defend, indemnify and
hold the other cities, their officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, or suits, including but not limited to reasonable
attorney fees and litigation costs (hereinafter `claims'), allegedly caused solely by the
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negligence or willful misconduct of such city, its agents, affiliated corporations, officers,
officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors), arising
out of or in connection with the performance of this Agreement.
If the negligence or willful misconduct of more than one city or its tortfeasors is a cause of
such claims then the liability shall be shared between those cities in proportion to the relative
degree of negligence or willful misconduct between such cities and such proportion shall
apply to the rights of indemnity and defense.
Should a court of competent jurisdiction detennine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from concurrent negligence of the Cities and their
tortfeasors, then each city's liability shall be only to the extent of its negligence.
Solely for the purposes of this indemnification, it is further specifically and expressly
understood that the indemnification provided herein constitutes the cities' waiver of
immunity under Industrial Insurance, Title 51 RCW, for claims brought by any party or
party's employee against another party. Furthermore, in the event of a property loss each
city agrees to waive any rights of recovery against each other to the extent the property loss
at issue is covered by insurance.
These waivers have been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this agreement.
1 S. Dispute Resolution
a. Meet and Confer Process
In the event that any party believes another party has breached a temp of this Agreement,
it may request in writing that the parties meet and confer in good faith for the purpose of
attempting to reach a mutually satisfactory resolution of the problem within fifteen (15)
days of the date of service of the written request.
b. Notice ocfDisagreement
A party unsatisfied with the meet and confer process may file a Notice of Disagreement
within fifteen (15) days of the meet and confer process by providing written notice to the
other party. A party not electing to utilize the meet and confer process may file a Notice
of Disagreement at any time by providing written notice to the other party. The Notice of
Disagreement shall identify and describe any alleged breach of the Agreement with
particularity and shall identify the action required to remedy the breach.
c. R acrose to Nastice of Dissrhre iraetrt
i. Within fifteen (15) days of service of a Notice of Disagreement, the recipient shall
provide a written response, either denying or admitting the allegations set forth in
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the Notice of Disagreement and, if the truth of the allegations is admitted, setting
forth in detail the steps it has taken and/or will take to cure the breach.
it. Failure to serve a timely response shall entitle the complaining party to proceed
immediately to arbitration, or other alternative dispute resolution mechanism
mutually agreeable to the parties.
d. Enforcement
Any award in arbitration or mediation held pursuant to Section 18(c) may be enforced by
bringing an action in the Superior Court for King County, Washington.
19. Severability. Each provision of this Agreement is intended to be severable, and if any
provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
20. Amendment, Assignment & Waiver.
a. No amendment, modification, or waiver of any condition, provision, or term of this
Agreement shall be valid unless it is made in writing, signed by the parties to be
bound, and specifies, with particularity, the nature and extent of such amendment,
modification, or waiver.
b. No party to this Agreement shall assign any right or obligation in this Agreement, in
whole or in part, without the prior written consent of the other parties, and any such
assignment shall not be deemed to release the assignor from any liability or obligation
under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
21. Integration & Binding Effect.
a. This Agreement, together with any subsequent amendments or addendums,
constitutes the entire agreement of the parties and no other understandings, oral or
otherwise, regarding this Agreement shall exist or bind any of the parties.
b. This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties and their respective successors and assigns,
provided that this Section shall not be deemed to permit any transfer or assignment
otherwise prohibited by this Agreement.
c, This Agreement is for the exclusive benefit of the parties and it does not create a
contractual relationship with, or exist for the benefit of, any third party, including
contractors, subcontractors, or their sureties.
Page 4 of 6
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22. Choice of Law.
a. This Agreement and the rights of the parties hereunder shall be governed by the
inte'Jprcted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of county in King County;Washington.
b. Subject to the limitations set forth in RCW 4.84.330,each party agrees to hear its own
costs and attorneys' fees generated by any dispute arising out of this Agreement.
23. Notices, Reports & Correspondence, All notices or communications permitted or required
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of this
Agreement,to the address for the party set forth above.
24. Signature Authority. This Agreement may be executed in counterparts,each of which shall
be one and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
I'
CITY OF AUBURN
Nancy 13aclraas, y
Attest:
Danielle Daskam, City Clerk
Approved as to form;
Daniel 131 Wid„ City Attorney
Page 5 of 6
i
22. Choice of Law.
a. This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in King County, Washington.
b. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own
costs and attorneys' fees generated by any dispute arising out of this Agreement.
23. Notices, Reports & Correspondence. All notices or communications permitted or required
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of this
Agreement, to the address for the party set forth above.
24. Signature Authority. This Agreement may be executed in counterparts, each of which shall
be one and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Nancy Backus, Mayor
Attest:
Danielle Daskam, City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
Page 5 of 6
CITY OF KENT
Suzette Cooke, Mayor
Attest:
Kim Komoto, City Clerk
Approved as to form:
Tom Brubaker, City Attorney
CITY OF FEDERAL WAY
Jim Ferrell, Mayor
Attest:
Stephanie Courtney, City Clerk
Approved as to form:
J. Ryan Call, City Attorney
6
CITY OF KENT"
Snaette Cooke,Mayor
;a
r
Attest:
t
Kim Komoto,City Clerk
Approved as to form:
i
IV,r""'1ilae`rr I3i'uUirker;Cily°�i'CtdanCy _
CITY WAY
Jam r P,NI or _
Attest:
�p r
StclWabid Courtney,City Clerk
Approved as to form:
1
u
�1�. ,
d,Ryan Call, City Attorney
6
CITY OF KENT
v"
Suzette Cooke, Mayor
Attte/ss
blum,
Kim Komoto, City Cler
Approved as two for'nn:
C�
Tom Brubaker, City Attorney
CITY OF FEDERAL WAY
Jim Ferrell, Mayor
Attest:
Stephanie Courtney, City Clerk
Approved as to form:
J. Ryan Call, City Attorney
6
22. Choice of Law.
a. This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in King County, Washington.
b. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own
costs and attorneys' fees generated by any dispute arising out of this Agreement.
23. Notices, Reports & Correspondence. All notices or communications permitted or required
to be given tinder this Agreement shall be in writing and shall be deemed to have been duly
given if delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of this
Agreement, to the address for the party set forth above.
24. Signature Authority. This Agreement may be executed in counterparts, each of which shall
be one and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other parry.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Nancy Backus, Mayor
Attest:
Danielle Daskam, City Clerk
Approved as to form.
Daniel B. Heid, City Attorney
Page 5 of 6
REQUEST FOR MAYOR'S SIGNATURE
0 T Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Christina Schuck Phone (Originator): X 5788
-- ...-_� _ —
Daate Sent: 6/23/17 Date Required: 6/30/17
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: N/A
— -----
VENDOR NAME: Date Finance Notified:
Cityof Auburn, City of Federal (Only required on contracts /
urn, y era Wa y $20.000 and over or on anv Grant) N A
DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:N/A
(Required on Non-Cit Standard Contracts/Agreements)
Has this Document been Specificall Account Number: l4
get N
Authorized in the Bud ? YEs ; NO /
_ N _
Brief Explanation of Document:
Reciprocal agreement to allow each city that is a party to the agreement to use the
Emergency Operations Center (EOC) of the other cities who are parties to the
agreement when requesting city's EOC is determined to be unusable during an event
that would normally prompt the city to open and operate its EOC.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received.
Recommendations and.Comments:.j{(3,tje—+5 I�'Y w V1, + L
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Disposition:
hem✓
posltion; T < �t.��� cJ �
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Date Returned, �111)
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CITY OF KENT
CITY CLERK
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