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Interlocal Agreement for Edmonds School District #15 Key Issuing for EmergenciesZ Originator: Department/Division: a Name of Consultant/Contractor: u) CONTRACT TITLE: W of 1 CONTRACT ROUTING FORM Acting Chief Michelle Bennett Police/Administration Edmonds School District #15 No. Z0Z1(30-o 1 (City Clerk Use Only) Routed by: C. Thompson Date: April 29, 2021 Interlocal Cooperation Agreement between Edmonds School District #15 and City of Edmonds for Issuing Keys/Fobs to Access School Buildings in Emergencies Type of Contract: 0 (GR) Grants (1) Intergovernmental Agreement 0 (L) Lease Agreement (S) Purchase of Services (W) Public Works (0) Other Z LU Z Project/Bid/RFP No: U Effective Date: 5/1/2021 Completion Date: 8/31/2025 L) Has the original contract boilerplate language been modified? Q Yes [ No f- If yes, specify which sections have been modified p Description Issuance of keys and electronic access fobs that would provide the Police Department with c� of Services y p P an emergency response kit to access District schools in the event of an emergency. Total Amount of Contract: $0 Amount: Amount: Budget # Budget # J Amount: Amount: W Budget # Budget # 0 J Amount: Q Budget # Amount: Budget # (U Z Are there sufficient funds in the current budget to cover this contract? Yes No Q Z Remarks: � There is no cost associated with this contract. Authorization Level: W ❑ 1. Project Manager ® 6. City Council Approval Q ❑ 2. Risk Management/Budget _ _ ❑ Date (if applicable) April 20, 2021 Z ❑✓ 3. City Attorney ® 7. Mayor ❑ 4. Consultant/Contractor ® 8. City Clerk ❑ 5. Other INTERLOCAL COOPERATION AGREEMENT Between Edmonds School District #15 and City of Edmonds for Issuing Keys/Fobs to Access School Buildings in Emergencies THIS INTERLOCAL AGREEMENT ("Agreement") is made this 3VP day of &A -LA - -Lo Zj , by and between the Edmonds School District #15 and the City of Edmonds, both municipal corporations under the laws of the State of Washington, hereinafter referred to as "District" and "City" respectively. WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34RCW provides for interlocal cooperation between government agencies, and; WHEREAS, the City is requesting, and the District agrees to, the issuance of keys and electronic access fobs that would provide the Police Department with an emergency response kit to access District schools in the event of an emergency. NOW THEREFORE, the parties agree as follows: 1. GENERAL CONDITIONS 1.1 The Police Department will acknowledge assignment and receipt of the Keys and Fobs by completing the District Key Issuance Form (Attachment A). 1.2 The Police Department shall have responsibility for the Keys and Fobs, which will be maintained in an emergency response kit at all times, or secured in the police department or in a locked single -access location/compartment. 1.3 The Police Department shall not duplicate the District -issued Keys and Fobs. 1.4 The Police Department shall not lend or otherwise permit the Keys and Fobs to be used by any other person unless exigent circumstances exist. 1.5 Keys and Fobs shall be used by the Police Department or its members to access school buildings in the event of a real emergency or lockdown. Access to the school buildings during non -emergencies shall be requested through the District Facility Use Coordinator. Drills, simulations or walk-throughs shall only be conducted with District written approval. 1.6 The Police Department shall immediately notify the District Safety Officer in the event the Keys and/or Fobs are lost. 1.7 There shall be an annual inventory of Keys and Fobs in June of each year. The Police Department, shall present their assigned Keys and Fobs to the District Safety Officer, and the Safety Officer shall confirm they are still assigned and in possession of the Keys and Fobs issued. 1.8 Keys and Fobs are property of the District. The Police Department shall immediately return the Keys and Fobs upon request by the District. 1.9 The Police Department, or its representatives, shall hand -deliver Keys and Fobs being returned and will not send Keys and Fobs through the U.S. mail or inter -District mail. 1.10 The City acknowledges that it may be liable for any damages that are incurred as a result of misuse of the Keys and Fobs that have been issued to the Police Department, which may include the cost of re -keying all affected locks within the school, or any cost arising from losses, damages or destruction resulting from the misuse of Keys and Fobs lost or misplaced while in the City employee's possession. 2. TERM. This Agreement shall commence upon execution by the parties and shall expire on August 31, 2025, unless earlier terminated as provided herein. 3. WITHDRAWAL. Withdrawal of this Agreement by the either party may be accomplished by providing thirty (30) days advance written notice. 4. AMENDMENTS. This Agreement may be amended only upon written agreement of the parties, executed in the same manner as provided by law for the execution of this Agreement. This Agreement shall constitute the full and complete agreement between the parties. 5. DISPUTE. In the event of a dispute between the District and the City arising under this Agreement, the Superintendent of the District and the Mayor of the City shall meet to attempt to resolve the dispute within thirty (30) days' notice from either party of the existence of a dispute. In the event the Superintendent and the Mayor are unable to resolve the dispute within sixty (60) days' notice from either party of the existence of a dispute, the parties shall submit the dispute to a mutually agreed upon private arbitrator for a binding resolution. In the event the parties cannot agree on an arbitrator, one will be appointed by the Presiding Judge of the Snohomish County Superior Court, with costs of arbitration borne equally. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs related to said arbitration. 6. INDEMNIFICATION. The City, its employees, contractors or subcontractors, shall indemnify, hold harmless and defend (including reasonable attorney's fee) the District, its officers and employees (hereinafter "Indemnified Party"), from and against all claims of and liability to third parties (other than liability solely and entirely the fault of the Indemnified Party) for personal or property damage arising from or in connection with the acts, errors, or omissions of City or its officers, employees or subcontractors, in performing the work required by this Agreement. The District and the City will adequately provide through insurance or participation in insurance pooling for loss reserves to provide for their respective liability that could arise in connection with this Agreement. Evidence of coverage will promptly be provided upon request by either party. 7. RELATIONSHIP OF PARTIES. The City and the District are independent contracting parties. City employees, contractors or subcontractors shall not be considered agents or employees of the District for any purpose. City shall be solely and entirely responsible for its employees, contractors or subcontractors during the performance of services under this Agreement. Likewise, the District shall be solely responsible for its employees during the performance of its services under this Agreement. 8. GOVERNING LAW AND STIPULATION OF VENUE. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY. If federal funds are the basis for this Agreement, the City certifies that neither it nor its principals are presently debarred, declared ineligible or voluntarily excluded from participation in transactions by any federal department or agency. EXECUTED this _30 day of MA1^I s�02-i ,>< Edmonds School District 415 Dr. Gustavo Balderas Superintendent City of Edmonds N �[ r Title KEY/FOB ISSUANCE AGREEMENT FORM - ATTACHMENT A EDMONDS SCHOOL DISTRICT #15 By signing this agreement form, I and the organization I represent agree to the following: 1. I will have responsibility for the Keys(s) and or Key Fob(s) issued to me, shall have the Key/Fob(s) in my possession at all times, or secured in a locked compartment in the police department/vehicle. 2. I will not duplicate the District -issued Key/Fob(s). 3. I will not lend or otherwise permit Key/Fobs(s) to be used by any other person. 4. I will only use Key/Fob(s) to access school buildings in the event of a real emergency or lockdown. Access to the school buildings during non -emergencies shall be requested through the District school staff. Drills, simulations or walk-throughs shall only be conducted with District written approval through the Community Use Office. 5. I will immediately notify the District Safety Officer in the event Key/Fob(s) is/are lost. 6. There shall be an annual inventory of Key/Fob(s). 7. I will return the Key/Fob(s) to the Safety Officer if there is any change to the agency's programs. 8. Key/Fob(s) are the property of the District. I will immediately return the Key/Fob(s) upon request by the District. 9. I will hand -deliver Key/Fob(s) being returned and will not send Key/Fob(s) through the U.S. Mail or inter -District mail. 10. I and the City acknowledge that we may be liable for any damages that are incurred as a result of misuse of the Key/Fob(s) that have been issued to me. Liability may include the cost of re - keying all affected locks within the school, or any cost arising from losses, damages, or destruction resulting from the misuse of Key/Fob(s) lost or misplaced while in my possession or City's possession. Key/Fob Number(s): Keys: GGM-178, ZGGM-178, GMKD-54, M1 Keys: GGM-179, ZGGM-179, GMKD-55, M1 Fobs: For access to: All Edmonds Schools/Properties Received by (signature): Received by (print name): Date Received: Organization Represented: City of Edmonds, Phone Number: Key/Fob(s) Return Date: Received by: