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Home My WebLink AboutRES 2022-202 Interlocal Agreement 3-2022 Washingotn State Region 7BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUTtoN NO. 2022- a 0x A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MEMBERS OF WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage; and WHEREAS, the counties of Chelan, Douglas, Grant, Kittitas, Okanogan, and the Confederated Tribes of the Colville Reservation, wish to enter into such an interlocal agreement pursuant to the Act cited, and create an entity hereinafter referred to as "washington state Region 7 Emergency Management council" ("council"); and WHEREAS, the Council is facilitated for the purpose of joint participation in Homeland security and Emergency Management "All Hazards" planning and preparedness programs contemplated by and between six (6) designated jurisdictions: the counties Chelan, Douglas, Grant, Kittitas, Okanogan, and the Confederated Tribes of the Colville Reservation; and NOW, THEREFORE, BE lT HEREBY RESOLVED, that that the lnterlocal Agreement with Washington State Region 7 Emergency Management Council be enacted, and forthwith filed with the Kittitas County Auditor pursuant to RCW 39.34.040 ADOPTED this I *f day of ,ktlerk of the Board- Julie Kjorsvik' I Deputy Clerk of the Board- Mand Nl^,r, ' '-2022 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Lau V Brett ch S h oner ED AS TO J Douglas R n h RESOLUTION y Buchholz .E ell, Deputy Prosecuting Attorney 1 2 J 4 5 6 7 8 9 10 11 12 13 l4 15 l6 t7 l8 T9 20 2I 22 23 24 25 26 27 28 29 30 INTERLOCAL AGREEMENT # 3.2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT ('ILA") is entered into by and between the counties of Chelan, Douglas, Grant, Kittitas, Okanogan, and the Confederated Tribes of the Colville Reservation, hereinafter referred to as "Washington State Region 7 Emergency Management Council" ("Council"). The parties to this ILA recognize and respect the legal status of one another, and further recognize that each has and reserves all rights, powers and remedies now or hereafter existing at law, in equity, or by statute, Treaty, or otherwise. NOW THEREFORE, in consideration of the mutual covenants, and conditions set forth below, the parties hereto agree as follows: 1. PURPOSE The formation of the Council is facilitated for the purpose ofjoint participation in Homeland Security and Emergency Management "All Hazards" planning and preparedness programs contemplated by and between six (6) designated jurisdictions: the counties Chelan, Douglas, Grant, Kittitas, Okanogan, and the Confederated Tribes of the Colville Reservation. 2. SIGNATORY The signatories and executive authorities for this ILA shall be the Chairperson of each jurisdictions governing body and participating council member. Each signatory may establish an alternate to act on behalf of their membership, and if necessary, act as a substitute conceming Council participation. Each Region 7 Emergency Management Council Organization will sign their own signature page agreeing to the terms and conditions of the Washington State Region 7 Emergency Management Council Interlocal Agreement. This agreement is only considered valid if it contains all 6 signature pages, one from each of Chelan, Douglas, Grant, Kittitas, Okanogan County, and the Confederated Tribe of the Colville Reservation. 3. VOTTNG AND QUORUM Each designated jurisdiction shall be entitled to one vote. Representation by a majority of the September2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Pase 1 of6 31 3Z JJ 34 35 36 37 38 39 40 4I 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 total membership of designated jurisdictions shall constitute a quorum. Provided: If less than a majority of membership is present at a meeting, the majority of members present may adjourn the meeting from time to time without notice. For voting purposes, a "majority" shall be defined as more than half of the total voting membership. In the event any proposal or issue obtains an even number of ayes and an even number of nays, such proposal or issue shall be considered defeated. 4. COUNCIL, CHAIR, AND VICE-CHAIR The Council shall consist of six participants; one participant from each designated jurisdiction. One member as elected by a majority vote of the designated representatives shall serve as Council Chair. One member as elected by a majority vote of the designated representatives shall serve as Council Vice-Chair. The Chairperson shall be elected for a one-year term. The Chairperson shall preside at all meetings, shall have general supervision of the affairs of the Council, and shall perform all such other duties as are incident to his/her office or are properly required of him/her by the Council. The initial Vice-Chairperson shall be elected for a one-year term. The Vice-Chairperson shall keep minutes of all meetings, and shall perform all such other duties as are incident to his/her offrce or are properly required of him/her by the Council. 5. REGIONAL COORDINATOR The Regional Coordinator shall: a. Attend meetings for the Regional Leads and Coordinators held monthly by the Washington Military Department, Emergency Management Division; b. Be responsible for record keeping, and dissemination of information from meetings, keeper of all Region 7 documents, and c. Provide information of regional activities to any state or local agency requesting such information. d. The Regional Coordinator position will be voted on by the Council and held by one of the five Counties with no set duration. 6. FUNDING The Council shall submit one Homeland Security Grant Investment Justification application September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Pase2 of 6 6l 62 63 64 65 66 67 68 69 70 7t 72 73 74 75 76 71 78 79 80 81 82 83 84 85 86 87 88 89 90 9l to the Washington State Military Department, Emergency Management Division on a yearly (FFY) basis. All Homeland Security Grant funds shall have an approved allocation methodology developed by the Council, prior to the issue of an agreement with Washington State Military Department, Emergency Management Division. Homeland Security Grant Funds will be allocated on a 50%o even split for each County and 50%o allocated on the population of the County. The population formula used is from the Office of Financial Management; http://ofm.wa.gov/pop/aprill/default.asp. Homeland Security Grant funds will not replace or supplant funds that have been budgeted for the same purpose through non-Federal sources. Washington State Military Department, Emergency Management Division shall contract directly with each county for issue of a Homeland Security Grant Agreement, to wit: "Each County will be responsible for funding requests made by jurisdictions (cities) within their own County, utilizing their own annual allocated grant funds for such purposes. See Appendix "A" concerning county allocation methodology. 7. SERVICE PROVISIONS The Washington State Military Department receives grant funding each year from the U.S. Department of Homeland Security/Federal Emergency Management Agency through the Homeland Security Grant Program. The Homeland Security Grant Program plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The Homeland Security Grant Program allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. 8. MUTUAL AID AGREEMENTS If Mutual Aid assistance is requested by Chelan, Douglas, Grant, Kittitas, Okanogan, or the Confederated Tribes of the Colville Reservation, the agency with primary temitorial jurisdiction mayireimburse the costs incurred by the assisting agency, including meals for personnel assigned to assist the primary agency within available resources. Assistance may include but is not limited to search and rescue and other emergency management related services that are within the capability of the assisting agency and when in the judgement of the authorized personnel of the September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Pase 3 of 6 92 93 94 95 96 97 98 99 100 101 102 103 r04 105 106 t07 108 109 110 111 tt2 113 tr4 11s tr6 tt7 118 119 120 t2l t22 agency with primary territorial jurisdiction such assistance is required. 9. AGREEMENT PERIOD This ILA is effective upon signature by the parties, and shall remain in effect for the remainder of the calendar year in which it is signed. This ILA shall renew automatically from year to year effective January l st to December 31st of each calendar year, for a total period of five years, unless notice in writing is given by any one party prior to December 31st of any year to all the other parties requesting changes or to terminate this Agreement. This ILA shall terminate at the end of the initial five-year period unless earlier terminated as set forth herein or the parties elect to extend this ILA beyond the five-year period. Such extension must be in writing and memorialized by the parties. Pursuant to Revised Code of Washington 39.43.040, each participating County shall record a copy of this ILA with their respective Auditor's office. 10. EVALUATION AND MONITORING The Washington State Military Department, Emergency Management Division will monitor the activities of each County in Region 7 from award to closeout. The goal of the Department's monitoring activities will be to ensure counties receiving federal pass-through funds are in compliance with the Homeland Security Grant Agreement. 11. NONDISCRIMINATION There shall be no discrimination against any employee who is paid by funds through this ILA or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited, to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay, or other forms of compensation, and selection for training. 12. AMENDMENTS This Agreement may only be modified by a written agreement signed by the parties' legislative authorities. 13. WAIVER The failure of a party to insist upon strict adherence to or performance of any provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive that party of the right thereafter to enforce performance of or adherence to that provision or any other provision of this Agreement. 14. INDEMNIFICATION September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Paee 4 of 6 123 t24 125 t26 t27 128 129 130 131 132 r2s 126 127 All jurisdictions participating in this to Agreement shall be responsible for its own wrongful and negligent acts or omissions, or those of its officers; agents, or employees to the fullest extent required by law, and shall indemnifli, defend and hold the other parties to the Agreement harmless from any such liability. 15. GOVERNING LAW This Agreement shall be construed under Washington law. 1,6. SEVERABILITY If any term, provision, or condition of this ILA should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this ILA shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. Pase 5 of6 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COLNCIL INTERLOCAL AGREEMENT By signing this page Kittitas County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement"# 3- 2022. This document is only considered valid if all 6 pages are present and signed by the jurisdictions goveming body and participating council member. Signature : &-r, bz+q--,Date: /o -.cz -9e Title Signature Title: September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Date a Signature Page 6 of 6