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04-021 Amended Emergency Management Services Spokane �� • Valle 2-it) y 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: Cal Walker, Police Chief From: Chris Bainbridge, City Clerk Date: July 23, 2004 Re: 2004 Amended Interlocal Agreement for Emergency Management Services The original, signed agreement is attached. I leave this in your trusty hands to distribute as needed for all concerned. Thanks, Cal. • • r , Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane,Washington 99260 2004 AMENDED INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES THIS AMENDED INTERLOCAL COOPERATION AGREEMENT is made by and among the City of Spokane, a Washington State municipal corporation, having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as the "CITY," the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 124 S. Lefevre P.O. Box 130, 99019, hereinafter referred to as "MEDICAL LAKE," the Town of Millwood, a municipal corporation of the State of Washington, having offices for the transaction of business at 9103 East Fredrick, 99206,hereinafter referred to "MILLWOOD," the Town of Fairfield, a municipal corporation of the State of Washington, having offices for the transaction of business at Town Hall, P.O. Box 334, 99012, hereinafter referred to as "FAIRFIELD," the Town of Latah a municipal corporation of the State of Washington, having offices for the transaction of business at P.O. Box 130, 99018, hereinafter referred to as "LATAH," the City of Liberty Lakc, a municipal corporation of the State of Washington, having offices for the transaction of business at City Hall, do P.O. Box 370, 99019, hereinafter referred to as "LIBERTY LAKE," the Town of Rockford, a municipal corporation of the State of Washington, having offices for the transaction of business at Town Hall, 20 West Emma, P.O. Box 49, 99030, hereinafter referred to as "ROCKFORD," the Town of Spangle, a municipal corporation of the State of Washington, having offices for the transaction of business at P.O. Box 147, 99031, hereinafter referred to as "SPANGLE," the City of Cheney, a municipal corporation of the State of Washington, having offices for the transaction of business at General Office, 609 Second, 99004, hereinafter referred to as "CHENEY," the City of Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of business at City Hall, 1208 South Lundstrom, P.O. Box 969, 99001, hereinafter referred to as "AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the State of Washington, having offices for the transaction of business at City I-Tall, 316 Crawford, Box F, 99006, hereinafter referred to as "DEER PARK," the Town of Waverly, a municipal corporation of the State of Washington, having offices for the transaction of business at 255 North Commercial, P.O. Box 37, 99039, hereinafter referred to as Page 1 of 13 • so "WAVERLY," and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the"COUNTY,"jointly hereinafter referred to as the "Parties." WITNESSETII: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 39.34 RCW, local governments may jointly exercise their powers, privileges and authorities through the execution of Interlocal Cooperation Agreements in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographical, economic, population, or other factors influencing the needs and development of local community; and WHEREAS,pursuant to RCW 38.52.070, two or more political subdivisions may join in the establishment and operation of a local organization for emergency management services. The City of Spokane, City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, City of Cheney, City of Airway Heights, City of Deer Park, Town of Waverly, and Spokane County are authorized and directed to establish local organizations for emergency management services in accordance with the Washington State Comprehensive Emergency Management Plan and Program; and WHEREAS, the City of Spokane and Spokane County entered into a joint Resolution on or about June 25, 1979, under Resolution No. 79-0873, establishing a joint Spokane City/County Department of Emergency Services. Additionally the entities on or about October. 22,1996 adopted Resolution No. 96-0991, which carried out the functions for both entities as called for pursuant to chapter 38.52 RCW. The City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, City of Cheney, City of Airway Heights, City of Deer Park, and Town of Waverly are desirous of becoming a party to this joint venture; and WHEREAS, it is the intent of the City of Spokane, City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, City of Cheney, City of Airway Heights, City of Deer Park, Town of Waverly, and Spokane County to combine their efforts to maintain the Department of Emergency Management ("DEPARTMENT") by entering into this Interlocal Cooperation Agreement. Page 2 of 13 NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and as authorized under chapter 39.34 RCW and chapter 38.52 RCW, the City of Spokane City Council, City of Spokane Valley City Council, City of Medical Lake City Council, Town of Millwood Town Council, Town of Fairfield Town Council, Town of Latah Town Council, City of Liberty Lake City Council, Town of Rockford Town Council, Town of Spangle Town Council, City of Cheney City Council, City of Airway heights City Council, City of Deer Park City Council, Town of Waverly Town Council and the Spokane County Board of County Commissioners hereby agree as follows: SECTION NO. 1: SPOKANE CITY/COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT The Spokane City/County Department of Emergency Services, as created under the joint Resolution No. 79-0873, shall be hereby known as the "Spokane City/County Department of Emergency Management," hereinafter referred to as "DEPARTMENT." SECTION NO. 2: COMMITMENT The Parties agree to be fully committed to the Emergency Management Program and provide the resources necessary for the DEPARTMENT to carry out the Emergency Management Mission. The Parties agree that they are each responsible for individual department emergency preparedness. The PARTIES agree to ensure that department heads participate in collaboration, dialog, planning, and exercises with the DEPARTMENT to assure readiness in event of disaster or major emergency. This statement of commitment flows from the Parties down to the individual employees for the safety of life, property, and the environment of Spokane. SECTION NO. 3: TERM The term of this Amended Interlocal Agreement shall commence as of the last date executed by the Parties hereto and shall continue until terminated as provided for hereinafter. SECTION NO. 4: PURPOSE It is the purpose of this Amended Interlocal Agreement to continue the combined efforts of CITY and COUNTY as originally developed in Joint Resolution No.79-0873, and Joint Resolution No. 96-0991 and to add SPOKANE VALLEY, MEDICAL LAKE, MILLWOOD, FAIRFIELD, LATAFI, LIBERTY LAKE, ROCKFORD, SPANGLE, CHENEY, AIRWAY HEIGHTS, DEER PARK, and WAVERLY, to this Agreement in order to establish and operate, pursuant to RCW 38.52.070, a local organization for emergency management in accordance with the Washington State Comprehensive Emergency Plan and Program. This Amended Interlocal Agreement is to provide for the effective and economical preparation for and coordination of emergency functions, other than functions for which military forces are primarily responsible. To mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from emergency disasters caused by all hazards, whether natural or man-made, and to provide the opportunity for coordination and support of search and rescue operations. Page 3 of 13 • • • SECTION NO. 5: DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT shall office at the Spokane Fire Training Center, 1618 N. Rebecca, Spokane, Washington 99217, until the Parties, by mutual agreement, decide upon a new location. The DEPARTMENT, in addition to having those duties as enumerated in RCW 38.52.070, shall also have the following responsibilities: (1) Facilitate a coordinated planning process integrating Emergency Management plans to include: federal, state, local governments, individual city and county departments, neighborhood, individual citizens, schools and the private sector; (2) Conduct a comprehensive internal assessment and evaluation of emergency plans, equipment and personnel proficiency through a program of regular exercises; (3)Acquire and maintain Emergency Management facilities and equipment; (4) Administer and facilitate programs that enable people, governments, communities and the private sector to minimize and recover from immediate and long term impacts of disasters; (5) Facilitate the identification, development, implementation and evaluation of mitigation strategies and activities to reduce vulnerability to the effects of disasters; (6) Provide timely and accurate Emergency Management information; (7) Participate with the 9-1-1 Operations Committee to assist the public in Spokane County to easily, rapidly, and accurately access emergency police, fire, and medical assistance during time of a disaster; (8) Effectively and efficiently train DEPARTMENT staff to coordinate emergency management resources,programs, functions and systems; (9) Propose coordinated legislation, ordinances, and local laws to improve the safety of people, governments and the private sector; (10) Coordinate a cooperative effort of federal, state, and local governments, neighborhoods, schools, individual citizens, individual city and county departments and private sector to educate the public in emergency and disaster preparedness; (11) Coordinate facilities and resources to assist federal, state, and local governments to effectively and efficiently respond to emergencies and disasters; (12) Work in cooperation with federal, state, and local governments, and the private sector to realize, develop and maintain a network of survivable emergency telecommunications and warning systems; Page 4 of 13 (13) Facilitate a partnership of federal, state, and local governments and the private sector that provides "All Hazards" emergency management training for emergency coordination and management level personnel; (14) Facilitate and participate in various group meetings, such as: Search and Rescue Council, Spokane Disaster Committee, Local Emergency Planning Committee, Amateur Radio Emergency Service (A.R.E.S.)/Radio Amateur Civil Emergency Service (R.A.C.E.S.), Inland Empire Fire Chiefs Association, Inland Northwest Law Enforcement Leadership Group, Business & Industry Committee, Spokane County EMS Council, Spokane County Hospital Disaster Committee, City and County Department Heads and other groups; (15) Establish, train and maintain a volunteer cadre that can be mobilized in case of search and rescue missions, emergencies and/or disasters; (16) Prepare, monitor, administer and evaluate the DEPARTMENT'S annual budget; (17) Participate in and attend related Emergency Management conferences, seminars, training and education; and (18) Schedule, coordinate and conduct training in emergency management for educating government, private sector and individuals. SECTION NO. 6: PROPERTY AND EQUIPMENT All existing equipment and supplies previously used by the Emergency Services Departments of both CITY and COUNTY shall be combined and consolidated for the continued maintenance and use by the DEPARTMENT. All equipment so consolidated shall remain the equipment of the individual entity supplying the same to the consolidation. All equipment required by the DEPARTMENT, other than that obtained from consolidation, shall be held in the name of the DEPARTMENT and shall be disposed of upon termination of the DEPARTMENT as the Parties may mutually agree. SECTION NO. 7: EMERGENCY MANAGEMENT ADVISORY COUNCIL (EMAC) An Emergency Management Advisory Council ("EMAC") is hereby created. EMAC'S function shall be to provide vision and make recommendations to the DEPARTMENT. EMAC shall be composed of the following or their designee: City of Spokane Administrator, City of Spokane Chief Financial Officer, Spokane County Chief Executive Officer, Spokane Valley City Manager, a representative from the Inland Empire Fire Chiefs Association, and a representative from the Inland Northwest Law Enforcement Leadership Group. The Director and Deputy Director of the DEPARTMENT shall be ex- officio, non-voting members. Page 5 of 13 A majority of EMAC members will constitute a quorum. EMAC will assist, advise and collaborate with the Local Director and Deputy Director of the DEPARTMENT in the development of service levels, resulting budget, emergency plans and training. EMAC shall meet on a quarterly basis, unless deemed unnecessary by the Chair. The Local Director shall serve as chair. SECTION NO. 8: FUNDING The Local Director or Deputy Director shall annually prepare a budget for operation of the Spokane City/County Department of Emergency Management ("DEM"). The annual budget shall be submitted to the EMAC for review and approval. The annual budget shall than be submitted to the Board of County Commissioners for Spokane County for its adoption. The budget shall include all costs of maintenance and operation of its offices at 1618 N. Rebecca and 1121 W. Gardner, Spokane Washington. Attached hereto as Attachment "A" and "B," and incorporated herein by reference, is a 2004 Budget that sets forth all projected 2004 costs for operating and maintaining DEM. The annual budget once approved by the EMAC shall be allocated among the Parties in the same proportionate share as their populations are to the total population of Spokane County. For the purpose of calculating populations, the COUNTY shall have that population assigned to the unincorporated area of Spokane County. Provided, however, for calendar year 2004 the COUNTY and CITY agee to equally share the budget allocation assigned to all cities that are a part of this Amended Interlocal Agreement and have populations of less than 10,000. The Parties agree to use the population figures as prepared and published by the Washington State Office of Financial Management as of January 1 of each calendar year to allocate the budget for that year. The Spokane County Director of Administrative Services will submit an invoice to the Parties (twelve equal payments) no later than the first week of the service month. Invoices will be due and payable no later than the fifth of following month. Annual adjustments will be made on or before March 3 l st of each year based on actual expenditures for the previous year. In the event that the Parties were over billed during the previous calendar year, they will receive a credit to be applied to the next monthly billing. In the event that they are no longer signatories to this Amended Interlocal Agreement, they will be paid by check. In the event that the Parties were under billed during the previous calendar year, they will be responsible for paying such debit in the next monthly billing. In the event that they are no longer signatories to this Agreement, they will be responsible for paying any billing within thirty (30) calendar days. At the sole discretion of the CITY or SPOKANE VALLEY or any City having a population of 10,000 or less who financially pays a portion of the annual DEM budget in the case of over billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may request interest on such amount based on the lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in the Spokane County Treasurer's Investment Pool or the over billing amount been invested since the end of the calendar year to the date of determination in the Washington Cities investment Pool. Page 6of13 SECTION NO. 9: INDEMNIFICATION The Parties agree that the DEPARTMENT, all of its employees, to include the Local Director and Deputy Director, shall be included under the COUNTY'S self-insured insurance coverage for general liability and worker compensation. The Parties further agree that the COUNTY shall be responsible for any liability, loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused by any act or omission attributed to the DEPARTMENT, its employees or agents in connection with the Amended Interlocal Agreement. Each Party 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 indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one Party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. SECTION NO. 10: SPOKANE DISASTER COMMITTEE There shall be a Spokane Disaster Committee. The Spokane Disaster Committee shall consist of representatives from law enforcement, fire service, hospitals, local government, emergency medical services, the military, the DEPARTMENT, as well as other individuals from the public and private sectors. The purpose of the Spokane Disaster Committee shall be to assist the DEPARTMENT in mitigation, preparation, planning, response and recovery from disasters or major emergencies. The Committee shall meet on a monthly basis, unless deemed unnecessary by the Chair. The Committee shall elect its own chair, vice-chair, etc. The Committee shall establish its own by-laws. SECTION NO. 11: LOCAL EMERGENCY PLANNING COMMITTEE There shall be a Spokane Local Emergency Planning Committee ("LEPC"). The LEPC shall be established and conform to the•Federal, State, and Local laws. The LEPC shall assist the DEPARTMENT in its compliance to all pertinent laws pertaining to Hazardous Materials. SECTION NO. 12: THE LOCAL DIRECTOR OF EMERGENCY MANAGEMENT The Spokane County Sheriff is hereby appointed as the Spokane Local Director of Emergency Management. The Local Director shall be responsible for: (1) The overall Emergency Management program; (2) Serve as Chair of the EMAC; and (3) Empowered to declare a disaster or state of emergency in consultation with affected jurisdictional elected official(s). Page 7 of 13 • SECTION NO. 13: DEPUTY DIRECTOR OF EMERGENCY MANAGEMENT The Deputy Director of the Spokane City/County Department of Emergency Management shall be responsible to the Local Director. Subject to the direction of the Local Director, the Deputy Director is hereby empowered and directed: (1) To act on behalf of the Local Director in his absence in all Emergency Management functions and responsibilities; (2) To prepare a comprehensive emergency management plan conforming to the state comprehensive emergency management plan program and programs; (3) To coordinate the effort of the emergency management organization for the accomplishment of the purposes of this Agreement; (4) To coordinate and facilitate cooperation between divisions, services and staff of the joint emergency management services jurisdictions, and to resolve questions of authority and responsibility that may arise between them; (5) To represent the Spokane City/County Department of Emergency Management organization in all dealings with public or private agencies pertaining to emergency management and disasters; (6) To keep and maintain an inventory of all non-perishable and non-expendable goods, supplies and equipment of the DEPARTMENT or in its custody, including federal excess property on loan to the DEPARTMENT, with said inventory to specify the location of each item listed thereon; and (7) To equip, maintain, and train Emergency Operations Center("EOC") personnel and to act as manager of said EOC upon activation for disaster or exercise. SECTION NO. 14: TERMINATION Each Party may terminate its participation in the lnterlocal Cooperation Agreement upon ninety- days (90) days written notice to the Director of the DEPARTMENT prior to January 1 st of any year. The effective date of the termination will be December 31'. Federal or state owned properties shall be disbursed in accordance with appropriate federal or state guidelines. Items loaned to the DEPARTMENT by a participating member shall upon request be returned to that member upon that member's withdrawal from this Agreement or upon this Agreement's cancellation. All properties owned by the DEPARTMENT will remain with the DEPARTMENT and shall not be subject to disbursement. Page 8 of 13 SECTION NO. 15: SEVERABILITY It is understood and agreed by the Parties hereto that if any part, term or provision of this Amended Interlocal Agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision that may conflict therewith shall be deemed modified to conform to such statutory provision. SECTION NO. 16: ENTIRE AGREEMENT The Parties agree that this Amended Interlocal Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. This Amended Interlocal Agreement shall supersede all prior resolutions and agreements executed by the Parties hereto with regard to Emergency Management, including, but not necessarily limited to Spokane County joint Resolution No. 79-0873 executed June 25, 1979 and Spokane County joint Resolution No. 96-0991 unless incorporated and made reference to herein. SECTION NO. 17: MUTUAL AID AGREEMENTS Nothing in this Amended Interlocal Agreement shall limit the authority, responsibility or duties of any Party arising out of any mutual aid agreement or other Agreements with other governmental entities. SECTION NO. 18: COUNTERPARTS This Amended Interlocal Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have caused this Amended Interlocal Agreement to be executed on date and year opposite their respective signatures. DATED: CITY OF SPOKANE: By: Attest: Its: City Clerk (Title) Approved as to form: By: Assistant City Attorney Page 9 of 13 DATED: TOWN OF L_ATAH: Attest: By: Its: Town Clerk (Title) DATED: 7 -,7-/-61V CITY OF SPOKANE VALLEY: Au t: B}' �� 7-C.,A. '2.. -�.L- d / - Its: City Clerk (Title) Approved as to ' only: Cevl,.„ ? / t4aLdll City Atorney DATED: CITY OF MEDICAL LAKE: Attest: By: Its: City Clerk (Title) DATED: TOWN OF MILLWOOD: Attest: By: Its: Town Clerk (Title) DATED: TOWN OF FAIRFIELD: Attest: By: Its: Town Clerk (Title) Page 10 of 13 DATED: CITY OF LIBERTY LAKE: Attest: By: Its: City Clerk (Title) Approved as to form only: Acting City Attorney DATED: TOWN OF ROCKFORD: Attest: By: Its: Town Clerk (Title) DATED: TOWN OF SPANGLE: Attest: By: Its: Town Clerk (Title) DATED: CITY OF CHENEY: Attest: By: Its: City Clerk (Title) DATED: CITY OF AIRWAY HEIGHTS: Attest: By: Its: City Clerk (Title) Page 11 of 13 • • DATED: CITY OF DEER PARK: Attest: By: Its: City Clerk (Title) DATED: TOWN OF WAVERLY: Attest: By: Its: Town Clerk (Title) DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON PHILLIP D. HARRIS, Chair ATTEST: VICKY M. DALTON CLERK OF THE BOARD M. KATE MCCASLIN, Vice-Chair BY: Daniela Erickson,Deputy JOHN ROSKELLEY Page 12 of 13 .• ATTACHMENT "A" SPOKANE COUNTY POPULATION Estimated 2003 Population Analysis per City %Population per City Spokane Valley 82,005 0.1913 Spokane 197,400 0.4606 Unincorporated 119,844 0.2796 Small Cities: 29,351 0.0685 Airway Heights 4,590 . Cheney 9,470 Deer Park 3,055 Fairfield 586 Latah 194 Liberty Lake 4,640 Medical Lake 4,215 Millwood 1,655 Rockford 533 Spangle 275 Waverly 138 'Total County Pop 29,351 428,600.00 1.0000 Population Analysis with Small Cities Apportioned Equally to City of Spokane and Unincorporated Population per Entity Spokane Valley 82,005 0.1913 Spokane 212,076 0.4948 Unincorporated 134,520 0.3139 Total County Pop 428,600 1.0000 Based on Washington State OFM Forecast June 30, 2003 r . ATTACHMENT "B" Spokane County Department of Emergency Management 2004 Operating Costs Operating Budget* 332,131 Building M/O** 19,496 Indirect Costs*** -h 30,432 382,059 Revenue**** - 61,275 Total Operating Cost 320,784 City of Spokane City of Spokane Unincorporated Valley County Population % with Small 0.1913 0.4948 0.3139 Total Cities Apportioned Equally to City of Spokane and Unincorporated Total by Entity 61,376.37 158,727.21 100,680.68 320,784.26 Population Analysis with Small Cities Apportioned Equally to City of Spokane and Unincorporated % Population per Entity Spokane Valley 82,005 0.1913 Spokane 212,076 0.4948 Unincorporated 134,520 0.3139 Total County Pop 428,600 1.0000 * Adopted 2004 budget for Department 010-0400009 **Building M/O based on OMB A-87 2002 for 2004 page 171 and sq ft provided by Bill Hansen *** FTEs multiplied by same indirect rate/FTE used by the Sheriffs Office for their 2004 Valley Contract **** Per Tom Mattern,per contract this is the amount of revenue to be received from the State