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AG 17-152I I RETURN TO: Ray Gross EXT: 2712 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: MAYORS OFFICE / EMERGENCY MANAGEMENT 2. ORIGINATING STAFF PERSON: RAY GROSS EXT: _2717 3. DATE REQ. BY: 6/26/2017 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION • INTERLOCAL 5. PROJECT NAME: RECIPROCAL EOC USE AGREEMENT 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: Cihl kkkA IQ YVADYIX4 Wo k YAM- TELEPHONE FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: Oh Z- ' $01 1 /��' COMPLETION DATE: ��p]�� -� 7 KieTICC3 . 9. TOTAL COMPENSATION $ N� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW PROJECT MANAGER DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6.(i 7/1o/7 cif aot7 WC. 070 11- COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS I LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# SIGNED COPY RETURNED AG# ! -/S2 DATE SENT: 101/11/1 CQMMENTS: Figgie review rec i/2ro ced 1E0C Gilt Q9reLevw4ev1t gttctieJ COUNCIL MEETING DATE: July 18, 2017 ........................................................................................................................................................................................ ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: RECIPROCAL EOC USE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY & KENT POLICY QUESTION: Should the City of Federal Way sign the Reciprocal EOC use agreement between the cities of Auburn, Federal Way, and Kent. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager DEPT: Emergency Management Attachments: Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent Options Considered: Option 1. Approve the City of Federal Way to sign the Reciprocal EOC Use Agreement. Option 2. Do not approve the City of Federal Way to sign the Reciprocal EOC Use Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, for the City of Federal Way to sign the Reciprocal EOC Use Agreement. MAYOR APPROVAL: ;�� "7 ,� -7 DIRECTOR APPROVAL: Corn ttee Coun Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to iorward the Reciprocal EOC Use Agreement between the Cities 01 Auburn, Federal Way, Kent to the July 18` , 2017 consent agenda for approval. Committee Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTT APPROVE A \ DENIED ❑ TABLED/DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent 1. The Parties to this Agreement are . The City of Auburn; .The City Of Ke it, .arid the. Crtv Of Federal Way, each of which is a municipal corporation authorized to enter into this agreement pursuant to Chapter 39.34 (Interlocal 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: All 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. Radios /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 E.00, included but not limited to electricity, water, intemet, 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 short of duration as Page 1 of 6 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 up 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. Iii 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. Eaeh city will provide contact information for three city individuals authorised 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. Indemnification. 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 Page 2 of 6 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 determine 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. 18. Dispute Resolution a. : Meet. and Confer Process In the event that any party believes another party has breached a term 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. Notiee:.ofDisagreement A parry 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. Response to Notice of Disagreement: ., 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 Page 3 of 6 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. ii. Failure to serve a timely response shall entitle the complaining party to proceed immediately to arbitration, or other alternative dispute resolution mechanism mu tually 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 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, Attest: .. Danielle Daskam, City Clerk - Approved as to form: .:prp . Daniel B Heid, City Attorney Page 5 of 6 • CITY OF KENT- Attest: • Kim Komoto, City Clerk Approved as to form: 'itom Brubaker,' City' Attotner CITY OF DERAIL WAY Jim r 1, M or Approved as to form: -Re J. Ryan Call, City Attorney 6