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HomeMy WebLinkAbout2022-51, A resolution of the City authorizing the Mayor to execute an Interlocal agreement with Douglas County for Emergency Management Plan.City of East Wenatchee Resolution 2022-51 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-51 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement between the City of East Wenatchee and Douglas County for Douglas County to develop an Emergency Management plan and provide services required under RCW 38.52 on behalf of East Wenatchee. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Publication. The City Council directs the City Clerk to publish a copy of the Interlocal Agreement on the City’s website once it is signed by all parties. EXHIBIT A City of East Wenatchee Resolution 2022-51 Page 1 of 4 2023 AGREEMENT FOR EMERGENCY SERVICES This Agreement entered into this day _______ of________________ 2023, by and between the CITY OF EAST WENATCHEE, hereafter referred to as CITY, and DOUGLAS COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT, hereafter referred to as DOUGLAS COUNTY. I. Purpose CITY understands and agrees that DOUGLAS COUNTY will provide services to CITY to develop a comprehensive emergency management plan and program and other emergency operational functions herein described, and as required in Ch. 38.52 RCW. II. Services to be Provided DOUGLAS COUNTY shall provide the necessary equipment and personnel to establish operational plans and programs in cooperation with the CITY as follows: 1. To provide for continuing compliance with Ch. 38.52 RCW. 2. To provide an Emergency Services organization and coordinate the operational and support activities for periods before, during and after an emergency and or disaster. 3. To coordinate local Emergency Services planning with the Federal Government, the State of Washington, neighboring counties, military organizations and other support agencies. 4. To provide for the effective utilization of resources within, or from outside CITY to minimize the effects of disaster and to request assistance, as needed, through established emergency services channels. 5. To recruit, register and identify personnel and provide for compensation coverage for volunteers who suffer injury or equipment loss as a result of emergency services duty. 6. To provide emergency and disaster control assistance and coordination either on-scene or through the emergency operations center. 7. To develop a system for warning the general public of CITY and to provide for information and guidance to the general public. 8. To provide, on request, support for emergency operations, such as, hazardous material incidents, major fires and other disasters. 9. To perform normal office procedures, correspondence and inventories. 10. To coordinate with elected and appointed officials in CITY. 11. To provide for communications systems capable of meeting emergency operational requirements either on-scene or at the emergency operations center. III. Response to Emergencies DOUGLAS COUNTY shall respond to CITY emergencies upon request from the Mayor or designee. IV. Coordination with CITY's Officials The Mayor or designee shall serve as liaison and consultant for operational functions between DOUGLAS COUNTY and CITY in performance of the contract. All financial commitments and contract agreements shall be approved by the City Council of East Wenatchee and the Board of Douglas County Commissioners. EXHIBIT A City of East Wenatchee Resolution 2022-51 Page 2 of 4 V. Annual Program DOUGLAS COUNTY and CITY shall develop an annual program and activity schedule which outlines the basic projects and responsibilities each entity has agreed to accomplish during a given time period. At the end of each calendar year, Douglas County Emergency Management agrees to present an annual report to CITY, outlining specific emergency management all-hazard events and projects which occurred within the CITY of East Wenatchee during the previous year. This report shall occur during or near the month of February each year, and will include a general budget summary outlining how CITY's interlocal agreement funds were expended during that year. CITY may request additional budget information detailing a specific activity. These requests will be handled on a case by case basis. Further, the report shall speak to planned projects during the upcoming year. VI. Hold Harmless Each party shall be legally responsible for the actions of their individual employees and each party shall be solely responsible for meeting all statutory responsibilities of their jurisdiction; provided CITY agrees to indemnify, defend and hold harmless DOUGLAS COUNTY from any legal action arising out of DOUGLAS COUNTY's assumption of statutory responsibilities for CITY by virtue of this contract, unless caused by DOUGLAS COUNTY's negligence or breach of this agreement. DOUGLAS COUNTY agrees to indemnify, defend and hold harmless the CITY from action arising out of DOUGLAS COUNTY's negligence or breach of this agreement. CITY agrees to indemnify, defend and hold harmless DOUGLAS COUNTY from action arising out of CITY's negligence or breach of this agreement. VII. Cost Basis for Services On an annual basis, DOUGLAS COUNTY will establish the total cost of county Emergency Management Services provided in the year. Utilizing the estimated populations of cities, counties, and towns population data from the State of Washington Office of Financial Management Forecasting Division, (www.ofm.wa.gov), per capita costs of Emergency Management Services costs will be established. This per capita cost of services will be used as the basis for establishing payments for services. VIII. Payment for Services CITY shall pay to DOUGLAS COUNTY the sum of forty-four thousand seven hundred sixty-six dollars and thirty six cents ($44,766.36) for services to be provided during the period from January 1 to December 31, 2023, payable in equal installments of eleven thousand one hundred ninety one dollars and fifty nine cents ($11,191.59) due at the end of the first month of each calendar quarter. This amount shall increase annually at a rate of 3% for each following calendar year. IX. Term This Agreement shall commence on January 1, 2023, and remain in effect until terminated by either party by providing one hundred twenty (120) days prior written notice to the other party. X. Administration No new or separate legal or administrative entity is created by this agreement and no real or personal property will be acquired pursuant to this agreement. This agreement will be administered by the participating jurisdictions. EXHIBIT A City of East Wenatchee Resolution 2022-51 Page 3 of 4 XI. Nondiscrimination There shall be no discrimination against any employee who is paid by funds through this agreement 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. XII. Amendments This agreement may only be modified by a written agreement signed by the parties' legislative authorities. XIII. 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. XIV. Governing Law This agreement shall be construed under Washington law. XV. Severability If any term, provision, or condition of this agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. XVI. Recording This agreement shall be filed with the county auditor or, alternatively, listed by subject on the parties' public websites or other electronically retrievable public source. EXHIBIT A City of East Wenatchee Resolution 2022-51 Page 4 of 4 IN WITNESS THEREOF; DOUGLAS COUNTY and CITY have executed this agreement as of the date and year written below. DATED at East Wenatchee, Washington this ___________ day of __________________, 2022. BOARD OF DOUGLAS COUNTY COMMISSIONERS _______________________________________________ DAN SUTTON, CHAIR _______________________________________________ KYLE STEINBURG, COMMISSIONER _______________________________________________ MARC STRAUB, COMMISSIONER ATTEST: TIANA ROWLAND _________________________ Clerk of the Board CITY OF EAST WENATCHEE: __________________________________ ATTEST: _____________________________ MAYOR JERRILEA CRAWFORD CITY CLERK MARIA HOLMAN DIRECTOR DOUGLAS COUNTY EMERGENCY MANAGEMENT: ___________________________________ SHERIFF KEWIN W. MORRIS