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HomeMy WebLinkAbout5253Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5253 KITSAP CO/BAINDBRIDGE ISLAND/PORT ORCHARD/POULSBO ILA - Emergency Management Services KC-496-13 Fire LEG 12-1 5/13/2013 Comments: Perpetual until terminated K�-�f91�-�.3 �N'TERLOCAL AG1tEElVIENT FOR EMERGENCY MANAGEIVIENT SERVICES WI�EREAS, RCW 38 52, the Emergency Management Act, empowers local governmental entrties to establish a program to deal with emergencies and specifically authorizes two or more entrties to �om together to establish such a program, and WI�ER�AS, RCW 39 34, the Interlocal Cooperation Act, encourages�omt programs and cooperation between governmental entrties, and WI�E�AS, Kitsap County and the crties of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo desire to �om together to establish a program to manage emergencies or disasters, whether natural, technological or human-caused NOW, '�'HERE�'O�, the parties agree as follows Section 1. Definitions The followmg terms are defined as follows a "Crties" means the crties of Bainbndge Island, Bremerton, Port Orchard, and Poulsbo b "Council" means the Kitsap County Emergency Management Council c "County" means Krtsap County d "Director" means the Director of the Department of Emergency Management e "Department of Emergency Management" means the department that is responsible for performmg local emergency management functions m mcorporated and umncorporated Kitsap County f "Emergency or disaster" means an event or set of circumstances wluch (1) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken commumty overtaken by such occurrences, or (2) Reaches such a dimension or degree of destructiveness as to warrant the governor declarmg a state of emergency pursuant to RCW 43 06 O10 g "Emergency Management" means the preparation for and carrymg out of all emergency functions, other than functions for wluch the military forces are primarily responsible, to mrtigate, prepare for, respond to, and recover from emergencies and disasters, and to aid vicrims suffermg from m�ury or damage, resultmg from disaster caused by all hazards, whether natural, technological, or human-caused, and to provide support for search and rescue operations for persons and property m distress h "Search and Rescue" means the acts of searchmg for, rescumg, recovermg by means of ground, marme, or air activity any person who becomes lost, in�ured, or is killed while outdoors or as a result of a natural, technological or human-caused disaster, including instances involvmg searches for downed aircraft when ground personnel are used Section 2. Department of Emergencv Mana�ement Established. The Department of Emergency Management is hereby established This department is the successor to the Emergency Management Organization of Kitsap County The Department of Emergency Management shall be a Krtsap County department that is �omtly admmistered and funded by the Parties to this Interlocal Agreement Section 3. Powers and Duties of the Department of Eanergencv Management. The Department of Emergency Management shall provide emergency management services and programs to the residents of, and on behalf of, the County and the Cities In addrtion, the Department of Emergency Management, pursuant to RCW 38 52 070, is designated as the local emergency management organization for the County and Crties and is vested with emergency management powers and authorrty to the maximum extent permitted by RCW 38 52 Section 4. Kitsan County EmerEencv Management Council Established. The Kitsap County Emergency Management Council is hereby established This Council is the successor to the Emergency Management Organization of Kitsap County Section 5. Control bv Council. Direction, control, and oversight of the Department of Emergency Management are hereby vested m the Council unless otherwise specifically provided herem Section 6. Composition of Council. a The Council shall be composed of the followmg five persons 1 One (1) county commissioner, 2 The mayors of Bremerton, Port Orchard and Poulsbo 3 One (1) City council member from Bambridge Island. b If one of the members is unable to attend a meeting of the Council, he or she may designate an alternate elected official who shall be empowered to vote and participate in and conduct the busmess of the Council Section 7. Conduct of �usiness bv Council. a Meetings The busmess and other matters that come before the Council shall be conducted durmg an open public meetmg Meetings may be scheduled at regular times or may be called as a special meetmg on an as-needed basis The chairperson, vice- chairperson, or the Director is authonzed to call for a meeting b Quorum A quorum shall exist when there are at least two (2) mayors, or their designees, and one (1) county commissioner, or lus or her designee present Busmess may be conducted by ma�orrty vote of the quorum unless otherwise provided in this agreement c Bylaws Bylaws may be passed and amended by the Council but shall require a two- thirds (2/3) favorable vote d Election At the first meeting of each calendar year, the Council shall elect a chairperson and vice-chairperson Each position shall serve for the remamder of the calendar year or until a successor is elected e Mmutes The Director, or designee, shall keep the mmutes of all meetmgs f Rules Council meetmgs shall be conducted m accordance wrth Robert's Rules of Order unless otherwise stated in the bylaws g Nohce Prior to conducting and holding special meetmgs, each member of the Council shall be given forty-eight (48) hours advance notice of the meetmg and public notice shall be provided as required by state law Section 8. Apnointment of Director. A Director shall be appointed to orgaruze, admmister, and manage the operations of the Department of Emergency Management on a day-to-day basis The Council shall, by ma�ority vote, select the Director Section 9. Powers and Duties of l)irector. The Director, or designee, shall a Implement the policies, procedures, programs, and directives of the Council m regard to emergency management operahons b Make recommendations and report to the Council c Represent the Department of Emergency Management on behalf of the Council m dealmgs wrth the public and other outside public or private entrties pertaimng to emergency management and response to an emergency or disaster d Orgamze, appomt, and tram volunteers and salaned employees needed to assist in the implementation of emergency management services or programs e Coordmate the local emergency management program(s) wrth State, Federal and other local programs f Develop an "all-hazard" Comprehensive Emergency Management Plan for the county, including polices and procedures to be utilized dunng an emergency or disaster g Develop an"all-hazard" Comprehensive Emergency Management Plan for each city, mcludmg policies and procedures to be utilized durmg an emergency or disaster h Conduct studies and surveys of hazards and the resources available to deal wrth an emergency or disaster i Develop mutual aid agreements for reciprocal emergency management aid and assistance � When an emergency or disaster demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken commuruty overtaken by such occurrences, the Director may proclaim an emergency or disaster anywhere withm unmcorporated Krtsap County, make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster, provided, however, such proclamahon, andlor rules and regulations must be confirmed at the earliest practicable time by the County Board of Commissioners k In the event of a proclaimed emergency or disaster, obtain vital supplies, equipment, and such other properties found lackmg and needed for the protection of the life and property of the people, and bmd the county for the fair value thereof, and if required immediately, to commandeer the same for public use 1 In the event of a proclaimed emergency or disaster, require emergency services of any county officer or employee, and m the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many crtizens for the community as he/she considers necessary m the execution of his/her duties, such person shall be entrtled to all privileges, benefits and immumties as are provided by State law for registered emergency workers m In the event of a proclaimed emergency or disaster, execute all of the special powers conferred upon lum/her by this adopted agreement pursuant thereto, all powers conferred by statute, or agreement approved by the Board of County Commissioners, or by any other lawful authorrty n In the event of a proclaimed emergency or disaster, requisrtion necessary personnel or material of any County department or agency Section 10. Budget. Prior to July 31 of each calendar year, the Director, or designee, shall submrt a proposed budget to the Council for rts consideration and approval The approved budget shall then be submitted to the Board of County Commissioners for inclusion mto the County's budget Section 11. Fundin�. The budget for the Department of Emergency Management that is not funded after receipt of grants or gifts shall be funded by assessments from the County and Cities The assessment amount for each crty shall be based upon a per capita charge In calculatmg the per caprta charge, the population of each city (numerator) is divided by the total population of the County (denommator) and that percentage is then multiplied by the total amount required for the followmg year's budget that does not include grant fundmg The assessment amount for the County shall be that amount wluch is obtamed when the population of the umncorporated portion of the County is divided by the total population of the County and that percentage is then multiplied by the budget amount that does not include grant fundmg Population figures uhlized shall be the latest figures available from the Bureau of Census as updated periodically by the Washington State Office of Fmancial Management (OFM) Assessments shall be paid on an annual basis Section 12. &'und Established. Moneys received and collected on behalf of the Department of Emergency Management shall be deposited m a fund known as the Krtsap County Department of Emergency Management Fund and mamtamed by the County Treasurer Department of Emergency Management expendrtures shall be paid from this fund Section 13. Emergencv Proclamation. Proclamation If circumstances warrant, the Board of County Commissioners may proclaim the existence of a local emergency occurring anywhere wrthm unmcorporated Kitsap County Provided, if circumstances are exigent, the Director, or designee, may proclaim the existence of a local emergency anywhere withm uruncorporated Kitsap County if there is not sufficient time for the Board of County Commissioners to meet m person or by telephone, provided further, if a proclamation of a local emergency is proclaimed by the Director, or designee, the Board of County Commissioners shall meet as soon as possible thereafter to affirm or rescmd the Proclamahon If the circumstances warrant, a Mayor, or designee, may proclaim the existence of a local emergency occurrmg anywhere within that Crty's Jurisdictional boundaries a Abatement When a proclaimed emergency or disaster has sufficiently abated, the Board of County Commissioners and/or the Mayor, or designees, dependmg upon which �urisdiction proclaimed the existence of a local emergency, shall proclaim an end to the emergency or disaster b Use of Government Resources If an emergency or disaster has been proclaimed, the Department of Emergency Management may utilize the services, equipment, supplies, and facilities of the State and all other governmental entrties organized pursuant to State law c Impressment of Crtizens If an emergency or disaster has been proclaimed by the Governor, the Department of Emergency Management may commandeer the service and equipment of crtizens as provided under chapter 38 52 RCW d Rules and Regulations If an emergency or disaster has been proclaimed, the Council, or designee, may make such rules and regulations necessary for the protection of life and property Section 14. Compensation for Emergencv Workers. Emergency workers or their dependents shall be compensated for in�uries or death pursuant to Chapter 38 52 RCW and implementing regulations thereto Section 15. I,iability. Liabilrty for emergency management operations shall be limited as provided by Chapter 38 52 RCW Section 16. Comnensation Board. The Compensation Board for the Department of Emergency Management shall be composed of those mdividuals that would constrtute a compensation board for a county pursuant to RCW 38 52 210 (1) � Section 17. Duties of Countv. The County shall a Establish the salaries of the Director and other salaried staff of the Department of Emergency Management c b Treat the Director and salaried staff of the Department of Emergency Management as County employees wrth respect to such matters as auditmg, accountmg, fringe benefits, and personnel policies c Represent and act on the Council's behalf in entering mto contracts and Interlocal Agreements and acceptmg grant funds Section 18. Agreement to be Liberallv Construed. This Agreement shall be liberally construed to secure the public health, safety and welfare and the rule of stnct construction shall have no application Section 19. Fiold Ha�mless To the extent not covered under Chapter 38 52 RCW, each party shall defend, indemmfy and save all other parties harmless from any and all claims arismg out of that party's negligent performance of this agreement Section 20. Representation The Kitsap County Prosecutmg Attorney's Office shall provide legal advice and act as counsel for Emergency Management In the event that a conflict exists between Emergency Management and another client represented by the Prosecutor's Office, then the Bremerton City Attorney's Office shall provide such representation to the Department of Emergency Management, and provided further, that m the event that a conflict exists between Emergency Management and both a client represented by the Prosecutor's Office and a client represented by the Bremerton City Attorney's Office, Emergency Management may retam outside legal counsel regardmg that matter only Section 21. 'I'erm This agreement shall be of perpetual duration unless terminated as provided m Section 22 Section 22. Withdrawal. Any of the five (5) participants m this Interlocal Agreement for Emergency Management Services may withdraw by giving written notice of such to each of the other participants no later than one hundred and twenty (120) days prior to the end of a calendar year, provided, no participant may withdraw unless rt is current in its monetary assessment In the event such notice is given, the vcnthdrawal shall be effective December 31 st of the year such notice was given Upon receipt of a notice of withdrawal, the remairung participants shall meet as soon as possible thereafter, to determme whether there needs to be ad�ustments or amendments to the Interlocal Agreement for Emergency Management Services necessrtated by such withdrawal Section 23. Effe�tive date. This agreement shall become effective and the Krtsap County Emergency Management Council and the Department of Emergency Management shall commence existence when a The County and Crties each enact a resolution or ordmance authonzmg this agreement, or an agreement similar in substance to tlus agreement, and b This agreement, or an agreement similar m substance to this agreement, is approved by the Director of the Washmgton State Emergency Management Division, and A fully executed copy of, this agreement is filed with the Krtsap County Audrtor Sectioaa 24. Venue. The venue for any action related to this agreement shall be in the Superior Court m and for Kitsap County, Waslungton Section 25. Severabilitv. If any portion of tlus agreement or rts application to any person/entrty or circumstance is held invalid, the remamder or application to other persons/entrties or circumstance shall not be affected Section 26. Existing Rights and Obligations. Upon the effective date, the Interlocal Agreement for Emergency Management Services, entered mto by the County and Cities in 1986, is hereby terminated and no longer m effect The rights and obligations that the Emergency Management Orgamzation formed under the 1986 Interlocal Agreement are hereby assumed by the Emergency Management Council formed under tlus Agreement This Agreement supersedes and replaces the Interlocal Agreement for Emergency Management Services dated May 2005 CITY OF BAINBRIDGE ISLAND By Do Schulze, Cit Manager CITY OF BREMERTON � By Patty Len , ayor CITY OF PORT ORCHARD ��� � By Tim Matthes, Mayor CITY OF POULSBO ��..�`_ By B y Erickson, Mayor DATED this � 3 day of Nl�-�. , 2013 KITSAP COiJNTY BOARI) OF COMMISSIONERS KITSA��OUNTY, WASHIN_ N______ _ _ 6-✓ .�.e��—�' - 4 . � Josh Brown, Chair Char otte 'arrido ommissioner Robert Ge der, C mmissioner ATTEST O ,� G4M/�j� O: �'�PTE ��s� �:� ; Z d: �. :rn Dana Daniels, : � Clerk to the Board �:,� t y . � C� �.�� � �* _ sqp �� Approved as to form Deputy P secutmg Attorney \\