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Home My WebLink About5316 RESOLUTION NO. 5 3 1 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR � TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITIES OF FEDERAL WAY AND KENT FOR MUTUAL AID DURING _ ._ EMERGENCIES. WHEREAS, each of the cities of Auburn, Kent and Federal Way maintains an emergency operations center (EOC) for use to coordinate each city's response during emergencies or events; and WHEREAS, an emergency in any of the three cities may render that city's EOC inoperable diminishing the ability of that city to respond to the event; and WHEREAS, it is important for each city to have an alternate location from which to conduct emecgency operations if that city's EOC becomes inoperable ; and WHEREAS, the cities of Auburn, Kent and Federal Way are willing to provide each other with assistance during an emergency by making their EOCs available to one another_if the assisting city will not be using its EOC to respond to the same or another emergency; and WHEREAS, the cities are authorized by RCW 39.34 and RCW 38.52.091fo enter into this agreement; and WHEREAS, it is in the public interest for the City of Auburn to enter into an agreement to provide an alternate EOC location for responding to a city emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, �WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and the cities of Kent and Federal Way for reciprocal use of each city's Resolution No. 5316 September 19, 2017 Page 1 of 2 EOC, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this o�� day of �� , 2017. C1TY OF AUBURN NANCY US, MAYOR ATTEST: - Darnelle . Daskam, City Clerk APPROVED AS TO FORM: �� e-1� �e=�C� � �,�,. Dani . Heid, City Attorney Resolution No. 5316 September 19, 2017 Page 2 of 2 � s: . t � � � � � � Reciprocal EOC Use Agreement Between the Cities of � Auburn, Federal Way, Kent 1, The Parties to this Agreement are,Ttie C�tY`of Aubum:.Th,e Citv of Kent, aricl t�e::C�t�+;of FederAl..V�av; each of which is a municipaI corporation authorized to enter into `this _., agreement pursuant to Chapter 39.34 (Interlocal Gooperation Act) of the Revised Code of Washington, 2. SEatement of need or goals. All parCies recognize the importance for each city to have an � Emergency Operations Center (EOC) to coordinate emergency operations" d"uring 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 ingperable and tlie _ _ � parties imay 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 equipirierit and other equipment that generally makes up the fiOC. P 4. Itadios/phones/cornputers/room size needed. While eacti EOC will have different features, € capabilities and equipment; it is the intent of the parties that the featnres, capabilities and � � equipment in use in any EOC, included but riot limited to electrieity, water, intemet, cable, � restroom(s), telephone(s), computer(s), and radio(s), wiIl be available for use by the � requesting city. � R � 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 opeiate its BOG This includes any event that triggers the requesting city's emergency mariagement system. A host city's EOC wilT only be available if the host city does not � anticipate using its _EOC during an eyent: � ; 6. How to a�tivate. Upon determination of need by the requesfing city's emergency manager or � designee, the requesting city's emergency manager or designee°will contact the host city's ; i emergency manager, or designee, to request use of the host city's EOC, The request should , ; estimate the level of activation (nurnber 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 tirne of the request. ' 7. Duration. The �arties 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 w, least one operatioriaI period. If an acfivation lasts more than one operational period, the EOC manager shall provide tlie 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. Operation_ai 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 responsibiliYies. The requesting city shall maintain all equipment in an - operational condition and shall not riiake any changes to computers, radios, haxdware 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. b � �a 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 approvin.g a request. � .� G 12. PracticeLExercise. Iri order to effectively activate this Agreement and use another city's :` EOC,the parties recognize that training andlor exercises will be beneficial to all parties. The `� parties a�ee to host one training session or ezercise 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 wi.11 provide contact informafion for three city individuals °" authorized to allow a host city to use its EOC on short notice. Contact information shall ; inelude naime, title, etnail address, work phone and mobile phone nurriber for e.ach 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 eitheT 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 witlidraw from this agreement; it shall provide 30 day's written notice to the other parties. In the ev.ent that one cify withdraws from the agreement,it shall not affect tlie other parties' agreement. ; 16. Insurance. THe requesting city shall be responsible far maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage, that include a severability of iriterest provision, as appropriate for the size of the EOC and the host city. ; 17. Indemnification. Indemriification and Defense; Each city agrees to defend, indemnify and = hold the other cities, their officers, officials., employees and volunteers hatmless 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 tlie Page 2 of 6 �' i # .. � # � negligence or willful rniseonduct of such city, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontractors,'(hereinafter tortfeasors), arisirig out of or in corinection with the performance of this Agreement. If the negligence or willful mise.onduct 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. `� = Shoutd 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 Iiability shall be only to the extent of its negligence. � � � Solely for the purposes of this indemnifieation, it is further specifieally and expressly understood that' the indemnification provided herein eonstitutes the eities' waiver of � immunity under Industrial Insurance, Title 51 RCW, for claims brought by any party or � party's employee against another party. Furthermore, in fhe 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 terrnination ofthis agreement. � � 18. Dis�ute Resolution � a. Meet and Cbti�r,.Process,. � __ ,: _ In the event that any party believes another party has breaclied a term of this Agreement, � it may request in writing that the parties meet and confcr 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. Nptiee.ofDisagrEernez�t: ; �. ,_ � `° A party unsatisf ed with the meet and confer process may file a Notice of Disagre.ement within fifteen (15) days of the meet and confer process by providing written notice to tlie other party. A party not electing to atilize 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 Disagrcement shall identify and describe any alleged breach of the Agreement with particularity and shall identify the action required to remedy the breach. c. Respanse to IYotice`:of Disagr�eer►ient� i., Within fifteen(15) days of service of a Notice of bisagreement, the recipient shall provide a written response, either denying or admitting the allegations set forth in Page 3 of 6 ' � the Noiice of Disagreement and, if the truth of the allegafions is admitted, setting forth in detail the steps it has taken and/or will take to cure the breacli. ii. Failure to serve a timely response shall entitle tlie complaining party to proceed iminediately to arbitration, or other alternati"ve 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. Seve_r.ability: Each provision of tliis 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 validi'ty of the reinainder of this Agreement. � �! _20::Amendment,Assignment&Waiver,, _ ;� •. a. No amendmerit, modifcation, or waiver of any condition, provision; or term of this ,.. ''H Agreement shall be valid unless it is made in writing, signed by the part:ies to be -� bound, and specifies, with particularity, the nature and extent of sueh amendment, :� modification, or waiver. � �° b. No party to this Agreement shail 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 sha1T 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 qbligation, ' 21.Integration&Binding Effect. ° a. This Agreement, together with any sutiseyuent amendinents or addendums, constitufes 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:, Tliis Agreement shall be binding upon, and the benefits and obligations provided for , I�i herein shall inure to and bind, the parties and their respective successcjrs and assigns, provided that this Section shall not be deemed to permit an transfer or assi ent -y - �' ,� 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 theii sureties. Page 4 of 6 � ,� , ; ►, i � :� j22. 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,eachparty 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 LJnited 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 ttie party set forth above. � � 24. Signature Authority. This Agreement inay be executed in counterparts, each of which shall � be one and the same Agreement and shall become effective when one or more countergarts � 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 � effect'ive the day and year first set forth above. CITY OF AUBURN � -- - . _ ._ _ -----___------ - _ , ..,.. ._.. ; � Nancy Backus, y � , E � � i t � � � � Attest: � € � 3�., _ ......... .' _".. . .. .. , � .. . .,., „ ..__. �. Yy. .. .. ..:.. . :�:�.:: . ... ... . _ . Damelle Daskam, City Clerk rv �� r Approved as to form: ; ; � _.. ,_ .. . . _._ _ , _ : -. _ ; __ .�'p��(i-Daniel B.Heid,Gity Attorney Pa e5of6 � 1 � g I CITY OF KENT°- � . ,, ; . � , , . - . _ ,- __ __ _ �'� 'Suzette Cooke,lVlayor � �� t� � �� Attest: � . , ...... _ w -- � _ _ __ _.. . ;, Kim Komoto,City Clerk ° Approved as to form: � :g � . - �..+,i�:�(L•�''. e. .� �. ' _ _ ��' ,__ _- -_ .._.,__.._ ., ' �"TomBru a er;r. .1 y .: . o:mey: _ ... __ . _ _, � ¢ � , CITY OF FEDE�AL WAY " Jim Ferrell,Mayor = "c �.a Attest: • ._. _ ,. _ . Stephanie Courtney,City Clerk } Approved as to form: '� J. Ryan Call, City Attorriey � ' . 6