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AGREEMENT
Regional Coordination Framework
for Disasters and Planned Events
for Public and Private Organizations
in King County, Washington
February 2014
Regional Coordination Framework AGREEMENT
Updating Process of former "Omnibus Legal and Financial Agreement"
As the development of the `Regional Disaster Plan' began in 1999, there was also a need to
create a `mechanism to share resources.' The Plan focused on establishing a cooperative and
voluntary platform linking private businesses, nonprofit organizations, government agencies,
and special purpose districts. A legal document was needed to address emergency assistance
covering the legal and financial obligations of partners sharing personnel, equipment
materials and/or support during a disaster.
Back in 1999 to 2001, legal advisors from King County Prosecuting Attorney's Office and
several other public and private entities worked together to frame the appropriate legal and
liability language forming the 'Omnibus Legal and Financial Agreement.' The Agreement
withstood the legal review and approval of many public, private and nonprofit organizations
that thereafter signed onto the Plan and Omnibus.
As the Plan transitioned and evolved into the 'Framework,' the time was also appropriate to
revisit the Omnibus. Over the twelve year tenure of the Omnibus, mutual aid methodology
and practices had evolved at the regional, State and Federal levels; as well as alterations in
the Federal Emergency Management Agency (FEMA) public assistance arena.
In 2012 a subcommittee of the Regional Disaster Planning Work Group began the process to
revisit the Omnibus language. The subcommittee existed of legal advisors from King
County, City of Auburn and City of Seattle and emergency managers from King County,
Seattle, Bellevue, Zone 1, Zone 3 and Washington State. Through several meetings
leveraging the guidance and expertise of the legal and mutual aid subject matter experts
involved, the subcommittee finalized the current draft of the 'AGREEMENT for
Organizations Participating in the Regional Coordination Framework for Disasters and
Planned Event for Public and Private Organizations in King County, Washington.' A large
percentage of the original language has stayed the same with a few language and terminology
updates. The key areas of adjustment include:
Document re -titled to 'Agreement' — simpler title; Replaced 'Omnibus Legal and Financial
Agreement'
Replaced 'Plan' wording throughout document with 'Framework'
Replaced 'Omnibus' wording throughout document with 'Agreement'
Terminology changes made by replacing 'borrower' and 'lender' with 'requester' and
'responder'
Adjusted language in 'Article I — Applicability' to say "...located in King County.";
Replaced "...in and bordering geographic King County."
Updated verbiage in 'Article II — Definitions' on 'Basic Plan' and 'Package' since it is now a
'Framework'
Cleaned -up language in 'Article II — Definitions' on 'Emergency'
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Regional Coordination Framework AGREEMENT
Cleaned -up language in `Article II — Definitions' on 'Emergency Contact Points'
Updated respective sections with correct King County Office of Emergency Management
address; Former `7300 Perimeter Road' address
Updated verbiage in `Article IV — Role of Emergency Contact Point for Signatory Partners
Renaming to and cleaned -up language in `Article VI — Payment and Billing'; Formerly titled
`Article VI — Payment for Services and Assistance'
Cleaned -up language in `Article VIII — Requests for Emergency Assistance'
Removed section `IX — General Nature of Emergency Assistance'; Repetitive of existing
language
Renaming to `Article IX — Provision of Equipment'; Formerly `Article X — Loans of
Equipment'
Renaming to `Article X — Provision of Materials and Supplies'; Formerly `Article XI —
Exchange of Materials and Supplies'
Renaming to `Article XI — Provision of Personnel'; Formerly `Article XII — Loans of
Personnel'
Renaming to and cleaned -up language `Article XII — Record Keeping'; Formerly `Article
XIII— Record keeping'
Renaming to and cleaned -up language `Article XIII — Indemnification, Limitation of
Liability, and Dispute Resolution'; Formerly `Article XIV — Indemnification and Limitation
of Liability'
Articles following have been renumbered and renamed appropriately
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Regional Coordination Framework AGREEMENT
AGREEMENT
for organizations participating in the
Regional Coordination Framework for Disasters and Planned Events
for Public and Private Organizations in King County, Washington
This AGREEMENT ("Agreement") is entered into by the public and private
organizations who become signatories hereto ("Signatory Partners") to facilitate the
provision of Emergency Assistance to each other during times of emergency.
WHEREAS, the Signatory Partners have expressed a mutual interest in the
establishment of an Agreement to facilitate and encourage, Emergency Assistance
among participants; and
WHEREAS, the Signatory Partners do not intend for this Agreement to
replace or infringe on the authority granted by any federal, state, or local
governments, statutes, ordinances, or regulations; and
WHEREAS, in the event of an emergency, a Signatory Partner may need
Emergency Assistance in the form of supplemental personnel, equipment, materials
or other support; and
WHEREAS, each Signatory Partner may own and maintain equipment,
stocks materials, and employs trained personnel for a variety of services and is
willing, under certain conditions, to provide its supplies, equipment and services to
other Signatory Partners in the event of an emergency; and
WHEREAS, the proximity of the Signatory Partners to each other enables
them to provide Emergency Assistance to each other in emergency situations.
NOW THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, each Signatory Partner agrees as follows:
Article I - APPLICABILITY.
A private or public organization located in King County, Washington, may become a
Signatory Partner by signing this Agreement and becoming bound thereby. This
Agreement may be executed in multiple counterparts.
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Article II - DEFINITIONS.
A. `Assistance Costs' means any direct material costs, equipment costs,
equipment rental fees, fuel, and the labor costs that are incurred by the
Responder in providing any asset, service, or assistance requested.
B. `Emergency' means an event or set of circumstances that qualifies as an
emergency under any applicable statute, ordinance, or regulation.
C. `Emergency Assistance' means employees, services, equipment,
materials, or supplies provided by a Responder in response to a request
from a Requester.
D. 'Emergency Contact Points' means persons designated by each Signatory
Partner who will have (or can quickly get) the authority to commit available
equipment, services, and personnel for their organization.
E. `King County Emergency Management Advisory Committee ("EMAC")' is
the Committee established in King County Code 2.36.055.
F. `Regional Coordination Framework for Disasters and Planned Events for
Public and Private Organizations in King County' ("Framework") means an
all hazards architecture for collaboration and coordination among
jurisdictional, organizational, and business entities during emergencies in
King County.
G. `Requester' means a Signatory Partner that has made a request for
Emergency Assistance.
H. `Responder' means a Signatory Partner providing or intending to provide
Emergency Assistance to a Requester.
`Signatory Partner means any public or private organization in King
County, WA, that enters into this Agreement by signature of a person
authorized to sign.
J. 'Termination Date' is the date upon which this agreement terminates
pursuant to Article V.
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Article III - PARTICIPATION.
Participation in this Agreement, and the provision of personnel or resources, is
purely voluntary and at the sole discretion of the requested Responder. Signatory
Partners that execute the Agreement are expected to:
A. Identify and furnish to all other Signatory Partners a list of the
Organization's current Emergency Contact Points together with all
contact information; and .
B. Participate in scheduled meetings to coordinate operational and
implementation issues to the maximum extent possible.
Article IV - ROLE OF EMERGENCY CONTACT POINT FOR SIGNATORY
PARTNERS.
Signatory Partners agree that their Emergency Contact Points or their designees
can serve as representatives of the Signatory Partner in any meeting to work out the
language or implementation issues of this Agreement.
The Emergency Contact Points of a Signatory Partner shall:
A. Act as a single point of contact for information about the availability of
resources when other Signatory Partners seek assistance.
B. Maintain a manual containing the Framework, including a master copy
of this Agreement (as amended), and a list of Signatory Partners who
have executed this Agreement.
C. Each Signatory Partner will submit its Emergency Contact Information
Form to the King County Office of Emergency Management
("KCOEM"). KCOEM will maintain a list showing the succession in all
the Signatory Partners. This list will include names, addresses, and
24-hour phone numbers of the Emergency contact points (2-3 deep) of
each Signatory Partner. Note: the phone number of a dispatch office
staffed 24 hours a day that is capable of contacting the Emergency
contact point(s) is acceptable.
Article V - TERM AND TERMINATION.
A. This Agreement is effective upon execution by a Signatory Partner.
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B. A Signatory Partner may terminate its participation in this Agreement
by providing written termination notification to the EMAC, care of the
KCOEM, 3211 NE 2nd Street, Renton WA 98056, or by Fax at 206-
205-4056. Notice of termination becomes effective upon receipt by
EMAC which shall, in turn, notify all Signatory Partners. Any
terminating Signatory Partner shall remain liable for all obligations
incurred during its period of participation, until the obligation is
satisfied.
Article VI - PAYMENT AND BILLING.
a. Requester shall pay to Responder all valid and invoiced Assistance Costs within
60 days of receipt of Responder's invoice, for the Emergency Assistance services
provided by Responder. Invoices shall include, as applicable, specific details
regarding labor costs, including but not limited to the base rate, fringe benefits rate,
overhead, and the basis for each element; equipment usage detail and, material cost
breakdown.
b. In the event Responder provides supplies or parts, Responder shall have the
option to accept payment of cash or in-kind for the supplies or parts provided.
c. Reimbursement for use of equipment requested under the terms of this
Agreement, such as construction equipment, road barricades, vehicles, and tools,
shall be at the rate mutually agreed between Requester and Responder. The rate
may reflect the rate approved and adopted by the Responder, a rate set forth in an
industry standard publication, or other rate.
Article VII - INDEPENDENT CONTRACTOR.
Responder shall be and operate as an independent contractor of Requester in the
performance of any Emergency Assistance. Employees of Responder shall at all
times while performing Emergency Assistance continue to be employees of
Responder and shall not be deemed employees of Requester for any purpose.
Wages, hours, and other terms and conditions of employment of Responder shall
remain applicable to all of its employees who perform Emergency Assistance.
Responder shall be solely responsible for payment of its employees' wages, any
required payroll taxes and any benefits or other compensation. Requester shall not
be responsible for paying any wages, benefits, taxes, or other compensation directly
to the Responder's employees. The costs associated with requested personnel are
subject to the reimbursement process outlined in Article XI. In no event shall
Responder or its officers, employees, agents, or representatives be authorized (or
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represent that they are authorized) to make any representation, enter into any
agreement, waive any right or incur any obligation in the name of, on behalf of or as
agent for Requester under or by virtue of this Agreement.
Article Vlll - REQUESTS FOR EMERGENCY ASSISTANCE.
Requests for Emergency Assistance shall be made by a person authorized by the
Requester to make such requests and approved by a person authorized by
Responder to approve such requests. If this request is verbal, it must be confirmed
in writing within thirty days after the date of the request.
Article IX - PROVISION OF EQUIPMENT.
Provision of equipment and tools loans is subject to the following conditions:
At the option of Responder, equipment may be provided with an
operator. See Article XI for terms and conditions applicable to use of
personnel.
2. Provided equipment shall be returned to Responder upon release by
Requester, or immediately upon Requester's receipt of an oral or written
notice from Responder for the return of the equipment. When notified to
return equipment to Responder, Requester shall make every effort to
return the equipment to Responder's possession within 24 hours
following notification. Equipment shall be returned in the same condition
as when it was provided to Requester.
3. During the time the equipment has been provided, Requester shall, at its
own expense, supply all fuel, lubrication and maintenance for
Responder's equipment. Requester shall take proper precaution in its
operation, storage and maintenance of Responder's equipment.
Equipment shall be used only by properly trained and supervised
operators. Responder shall endeavor to provide equipment in good
working order. All equipment is provided "as is", with no representations
or warranties as to its condition, fitness for a particular purpose, or
merchantability.
4. Responder's cost related to the transportation, handling, and
loading/unloading of equipment shall be chargeable to Requester.
Responder shall submit copies of invoices from outside sources that
perform such services and shall provide accounting of time and hourly
costs for Responder's employees who perform such services.
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5. Without prejudice to Responder's right to indemnification under Article
XI II herein, in the event equipment is lost, stolen or damaged from the
point the Requestor has the beneficial use of the equipment, or while in
the custody and use of Requester, or until the Requestor no longer has
the beneficial use of the equipment, Requester shall reimburse
Responder for the reasonable cost of repairing or replacing said
damaged equipment. If the equipment cannot be repaired within a time
period required by Responder, then Requester shall reimburse
Responder for the cost of replacing such equipment with equipment
which is of equal condition and capability. Any determinations of what
constitutes "equal condition and capability" shall be at the discretion of
Responder. If Responder must lease or rent a piece of equipment while
Responder's equipment is being repaired or replaced, Requester shall
reimburse Responder for such costs. Requester shall have the right of
subrogation for all claims against persons other than parties to this
Agreement that may be responsible in whole or in part for damage to the
equipment. Requester shall not be liable for damage caused by the sole
negligence of Responder's operator(s).
Article X - PROVISION OF MATERIALS AND SUPPLIES.
Requester shall reimburse Responder in kind or at Responder's actual replacement
cost, plus handling charges, for use of partially consumed, fully consumed, or non-
returnable materials and supplies, as mutually agreed between Requester and
Responder. Other reusable materials and supplies which are returned to Responder
in clean, damage -free condition shall not be charged to the Requester and no rental
fee will be charged. Responder shall determine whether returned materials and
supplies are "clean and damage -free" and shall treat material and supplies as
"partially consumed" or "non -returnable" if found to be damaged.
Article XI - PROVISION OF PERSONNEL.
Responder may, at its option, make such employees as are willing to participate
available to Requester at Requester's expense equal to Responder's full cost,
including employee's salary or hourly wages, call back or overtime costs, benefits
and overhead, and consistent with Responder's personnel union contracts, if any, or
other conditions of employment. Costs to feed and house Responder's personnel, if
necessary, shall be chargeable to and paid by Requester. Requester is responsible
for assuring such arrangements as may be necessary for the safety, housing, meals,
and transportation to and from job sites/housing sites (if necessary) for Responder's
personnel. Responder shall bill all costs to Requester, who is responsible for paying
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all billed costs. Responder may require that its personnel providing Emergency
Assistance shall be under the control of their regular leaders, but the organizational
units will come under the operational control of the command structure of Requester.
Responder's employees may decline to perform any assigned tasks if said
employees judge such task to be unsafe. A request for Responder's personnel to
direct the activities of others during a particular response operation does not relieve
Requester of any responsibility or create any liability on the part of Responder for
decisions and/or consequences of the response operation. Responder's personnel
may refuse to direct the activities of others. Responder's personnel holding a
license, certificate, or other permit evidencing qualification in a professional,
mechanical, or other skill, issued by the state of Washington or a political subdivision
thereof, is deemed to be licensed, certified, or permitted in any Signatory Partner's
jurisdiction for the duration of the emergency, subject to any limitations and
conditions the chief executive officer and/or elected and appointed officials of the
applicable Signatory Partners jurisdiction may prescribe in writing. When notified to
return personnel to Responder, Requester shall make every effort to return the
personnel to Responder promptly after notification.
Article XII - RECORD KEEPING.
Time sheets and/or daily logs showing hours worked and equipment and materials
used or provided by Responder will be recorded on a shift -by -shift basis by the
Responder and will be submitted to Requester as needed. If no personnel are
provided, Responder will submit shipping records for materials and equipment, and
Requester is responsible for any required documentation of use of material and
equipment for state or federal reimbursement. Under all circumstances, Requester
remains responsible for ensuring that the amount and quality of all documentation is
adequate to enable reimbursement.
Article XIII — INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE
RESOLUTION.
A. INDEMNIFICATION. Except as provided in section B., to the fullest
extent permitted by applicable law, Requester releases and shall indemnify,
hold harmless and defend each Responder, its officers, employees and
agents from and against any and all costs, including costs of defense, claims,
judgments or awards of damages asserted or arising directly or indirectly
from, on account of, or in connection with providing, or declining to provide, or
not being asked to provide, Emergency Assistance to Requester, whether
arising before, during, or after performance of the Emergency Assistance and
whether suffered by any of the Signatory Partners or any other person or
entity.
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Requester agrees that its obligation under this section extends to any claim,
demand and/or cause of action brought by or on behalf of any of its
employees, or agents. For this purpose, Requester, by mutual negotiation,
hereby waives, as respects any indemnitee only, any immunity that would
otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW of the State of Washington and similar laws of
other states.
B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Signatory
Partner shall not be required under this Agreement to indemnify, hold
harmless and defend any other Signatory Partner from any claim, loss, harm,
liability, damage, cost or expense caused by or resulting from the activities of
any Signatory Partners' officers, employees, or agents acting in bad faith or
performing activities beyond the scope of their duties.
C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim,
demand, action or proceeding, of whatever kind or nature arising out of
rendering of Emergency Assistance through this Agreement, Requester
agrees to indemnify, hold harmless, and defend, to the fullest extent of the
law, each Signatory Partner, whose only involvement in the transaction or
occurrence which is the subject of such claim, action, demand, or other
proceeding, is the execution and approval of this Agreement.
D. DELAY/FAILURE TO RESPOND. No Signatory Partner shall be liable
to another Signatory Partner for, or be considered to be in breach of or default
under, this Agreement on account of any delay in or failure to perform any
obligation under this Agreement, except to make payment as specified in this
Agreement.
E. MEDIATION AND ARBITRATION. If a dispute arises under the terms
of this Agreement, the Signatory Partners involved in the dispute shall first
attempt to resolve the matter by direct negotiation. If the dispute cannot be
settled through direct discussions, the parties agree to first endeavor to settle
the dispute in an amicable manner by mediation. Thereafter, any unresolved
controversy or claim arising out of or relating to this Contract, or breach
thereof, may be settled by arbitration, and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof.
F. SIGNATORY PARTNERS LITIGATION PROCEDURES. Each
Signatory Partner seeking to be released, indemnified, held harmless or
defended under this Article with respect to any claim shall promptly notify
Requester of such claim and shall not settle such claim without the prior
consent of Requester. Such Signatory Partners shall have the right to
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participate in the defense of said claim to the extent of its own interest.
Signatory Partners' personnel shall cooperate and participate in legal
proceedings if so requested by Requester, and/or required by a court of
competent jurisdiction.
Article XIV - SUBROGATION.
A. REQUESTER'S WAIVER. Requester expressly waives any rights of
subrogation against Responder, which it may have on account of, or in
connection with, Responder providing Emergency Assistance to Requester
under this Agreement.
B. RESPONDER'S RESERVATION AND WAIVER. Responder
expressly reserves its right to subrogation against Requester to the extent
Responder incurs any self-insured, self-insured retention or deductible loss.
Responder expressly waives its rights to subrogation for all insured losses
only to the extent Responder's insurance policies, then in force, permit such
waiver.
Article XV - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS.
Responder's employees, officers or agents, made available to Requester, shall
remain the general employees of Responder while engaged in carrying out duties,
functions or activities pursuant to this Agreement, and each Signatory Partner shall
remain fully responsible as employer for all taxes, assessments, fees, premiums,
wages, withholdings, workers' compensation, and other direct and indirect
compensation, benefits, and related obligations with respect to its own employees.
Likewise, each Signatory Partner shall provide worker's compensation in compliance
with statutory requirements of the state of residency.
Article XVI - MODIFICATIONS.
Modifications to this Agreement must be in writing and will become effective upon
approval by a two-thirds affirmative vote of the Signatory Partners. Modifications
must be signed by an authorized representative of each Signatory Partner. EMAC
will be the coordinating body for facilitating modifications of this Agreement.
Article XVII- NON -EXCLUSIVENESS AND PRIOR AGREEMENTS.
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This Agreement shall not supersede any existing mutual aid agreement or
agreements between two or more governmental agencies, and as to assistance
requested by a party to such mutual aid agreement within the scope of the mutual
aid agreement, such assistance shall be governed by the terms of the mutual aid
agreement and not by this Agreement. This Agreement shall, however, apply to all
requests for assistance beyond the scope of any mutual aid agreement or
agreements in place prior to the event.
Article XVIII - GOVERNMENTAL AUTHORITY.
This Agreement is subject to laws, rules, regulations, orders, and other
requirements, now or hereafter in effect, of all governmental authorities having
jurisdiction over the emergencies covered by this Agreement or the Signatory
Partner. Provided that a governmental authority may alter its obligations under this
Agreement only as to future obligations, not obligations already incurred.
Article XIX - NO DEDICATION OF FACILITIES.
No undertaking by one Signatory Partner to the other Signatory Partners under any
provision of this Agreement shall constitute a dedication of the facilities or assets of
such Signatory Partners, or any portion thereof, to the public or to the other
Signatory Partners. Nothing in this Agreement shall be construed to give a
Signatory Partner any right of ownership, possession, use or control of the facilities
or assets of the other Signatory Partners.
Article XX - NO PARTNERSHIP.
This Agreement shall not be interpreted or construed to create an association, joint
venture or partnership among the Signatory Partners or to impose any partnership
obligation or liability upon any Signatory Partner. Further, no Signatory Partner shall
have any undertaking for or on behalf of, or to act as or be an agent or
representative of, or to otherwise bind any other Signatory Partner.
Article XXI - NO THIRD PARTY BENEFICIARY.
Nothing in this Agreement shall be construed to create any rights in or duties to any
third party, nor any liability to or standard of care with reference to any third party.
This Agreement shall not confer any right, or remedy upon any person other than the
Signatory Partners. This Agreement shall not release or discharge any obligation or
liability of any third party to any Signatory Partners.
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Article XXII - ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and supersedes any and all prior
agreements of the Parties, with respect to the subject matters hereof.
Article XXIII - SUCCESSORS AND ASSIGNS.
This Agreement is not transferable or assignable, in whole or in part, and any
Signatory Partner may terminate its participation in this Agreement subject to Article
V.
Article XXIV - GOVERNING LAW.
This Agreement shall be interpreted, construed, and enforced in accordance with the
laws of Washington State.
Article XXV - VENUE.
Any action which may arise out of this Agreement shall be brought in Washington
State and King County. Provided, that any action against a participating County may
be brought in accordance with RCW 36.01.050.
Article XXVI - TORT CLAIMS.
It is not the intention of this Agreement to remove from any of the Signatory Partners
any protection provided by any applicable Tort Claims Act. However, between
Requester and Responder, Requester retains full liability to Responder for any
claims brought against Responder as described in other provisions of this
agreement.
Article XXVII - WAIVER OF RIGHTS.
Any waiver at any time by any Signatory Partner of its rights with respect to a default
under this Agreement, or with respect to any other matter arising in connection with
this Agreement, shall not constitute or be deemed a waiver with respect to any
subsequent default or other matter arising in connection with this Agreement. Any
delay short of the statutory period of limitations, in asserting or enforcing any right,
shall not constitute or be deemed a waiver.
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Article XXVIII - INVALID PROVISION.
The invalidity or unenforceability of any provisions hereof, and this Agreement shall
be construed in all respects as if such invalid or unenforceable provisions were
omitted.
Article XXIX - NOTICES.
Any notice, demand, information, report, or item otherwise required, authorized, or
provided for in this Agreement shall be conveyed and facilitated by EMAC, care of
the KCOEM, 3511 NE 2nd Street, Renton WA 98056, Phone: 206-296-3830, Fax:
206-205-4056. Such notices, given in writing, and shall be deemed properly given if
(i) delivered personally, (ii) transmitted and received by telephone facsimile device
and confirmed by telephone, (iii) transmitted by electronic mail, or (iv) sent by United
States Mail, postage prepaid, to the EMAC.
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Attest:
Regional Coordination Framework AGREEMENT
Signatory Documentation Sheet
The Regional Coordination Framework for Disasters and Planned Events for Public and
Private Organizations in King County, Washington is intended to be adopted as the
framework for participating organizations, within King County, to assist each other in
disaster situations when their response capabilities have been overloaded. Components, as of
January 2014, are the following:
• Regional Coordination Framework for Disasters and Planned Events for Public
and Private Organizations in King County
• Agreement (legal and financial)
IN WITNESS WHEREOF, the Signatory Partner hereto has caused this Regional
Coordination Framework for Disasters and Planned Events to be executed by duly authorized
representatives as of the date of their signature:
ORGANIZATION:
City of Renton
r
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Denis Law, Mayor
ADDRESS:
1055 S. Grady Way
Renton, WA 98057
DATE: h" 4�/�
Jas n A. Se , Acting City Clerk- SEAL
a rw
Please submit this form to the King County Office of Emergency l+rfanagement
3511 NE 2nd Street
Renton, WA 98056
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