11-056 - Seattle King County Public Health - Use of Facility for Emergency Assistance (Omnibus Agreement)

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Attachment 1 Contract 2006NM005 Regional Disaster Plan for Public and Private Organizations in King County, Washington B. A Subscribing Organization opting to terminate its participation in this Omnibus Agreement, shall provide written termination notification to the King County Emergency Management Advisory Committee, care of the King County Office of Emergency Management, 7300 Perimeter Rd. S., Room 128, Seattle, WA, 98108, or by Fax at (206) 296 -3838. Notice of termination becomes effective upon receipt by the King County Emergency Management Advisory Committee who shall, in turn, notify all subscribing organizations. Any terminating Subscribing Organization shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Article VI PAYMENT FOR SERVICES AND ASSISTANCE. Borrower shall pay to the Lender all valid and invoiced Assistance Costs within 60 days of receipt of the lender's invoice, for either all or part of the Emergency Assistance services provided by the Lender. In the event the Lender provides supplies or parts, the Lender shall have the option to accept payment of cash or in kind for the supplies or parts provided. Article VII INDEPENDENT CONTRACTOR. Lender shall be and operate as an independent contractor of Borrower in the performance of any Emergency Assistance. Employees of Lender shall at all times while performing Emergency Assistance continue to be employees of Lender and shall not be deemed employees of Borrower for any purpose. Wages, hours, and other terms and conditions of employment of Lender shall remain applicable to all of its employees who perform Emergency Assistance. Lender shall be solely responsible for payment of its employees' wages, any required payroll taxes and any benefits or other compensation. Borrower shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Lender's employees. The costs associated with borrowed personnel are subject to the reimbursement process outlined in Article XII. In no event shall Lender or its officers, employees, agents, or representatives be authorized (or 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 Borrower under or by virtue of this Omnibus Agreement. Article VIII REQUESTS FOR EMERGENCY ASSISTANCE. Requests for Emergency Assistance shall be directed to the designated Emergency Contact Point(s) on the contact list provided by the Subscribing Organizations and /or directed to and managed by the Zone Coordination function. The extent to which the Lender provides any Emergency Assistance shall be at the Lender's sole discretion. In the event the emergency impacts a large geographical area that activates either Federal or State emergency laws, this Agreement shall remain in effect until or unless this Agreement conflicts with such Federal and State laws. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Page 5 Version: 03 -31 -04 (Printed 04/07/04)