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2023, 05-09 Formal Meeting minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday,May 9, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman, City Manager Rod Higgins,Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Bill Helbig,Community &Public Works Director Laura Padden, Councilmember John Bottelli, Parks & Recreation Director Brandi Peetz, Councilmember Gloria Mantz, City Engineer Ben Wick, Councilmember Tony Beattie, Sr. Deputy City Attorney Arne Woodard, Councilmember Chelsie Taylor, Finance Director Glenn Ritter, Sr. Engineer/Project Manager Morgan Koudelka, Sr.Administrative Analyst Others in attendance: Dave Ellis, Police Chief Kelly Konkright,Attorney Mike Basinger, Economic Dev. Director Emily Estes-Cross,Public Information Officer Kendall May,Recreation Coordinator John Whitehead,Human Resources Director Virginia Clough, Legislative Policy Coordinator Greg Bingaman, IT Specialist Christine Bainbridge, City Clerk _ INVOCATION:In the absence of a pastor, a few minutes of silence were observed. PLEDGE OF ALLEGIANCE Members of Girl Scout Troop 2252 led Council, staff, and the audience in the Pledge of Allegiance. ROLL CALL City CIerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS iila COUNCILMEMBER REPORTS Councilmember Peetz: said she attended the High Voltage Ice Creamery ribbon cutting on Sullivan;also the Valley Dermatology& Skin Cancer ribbon cutting located across from CenterPlace; went to the Courthouse to attend the Law Enforcement Memorial Candlelight ceremony in honor of fallen Washington State officers; mentioned that people are now able to text 9-1-1 from anywhere within Washington State;that she went to the Washington Traffic Safety Commission meeting where they discussed several campaigns they are working on to help drivers drive safer and to reduce automobile fatalities; and that she attended the GSI D.C. Fly-in where she participated in great discussions with various stakeholders, and which was very transportation focused. Councihnember Padden: reported that she attended the Chamber meeting where attendees gave a `snapshot' of their business/activities, like the new TPA (Tourism Promotion Committee); said most businesses report that business is good but many report there is still a lack of available workforce. Council Meeting Minutes,Formal: 05-09-2023 Page I of 5 Approved by Council: 05-23-2023 Councilmember Wick: mentioned this week is Teacher Appreciation Week and he extended thanks to all the educators; said he helped hand out T-shirts at Bloomsday; extended thanks to the U.S. Department of Fish & Wildlife for their kids' fishing event; said the County Human Rights Task Force members are considering a name change to better let the public know they are not affiliated with the County,and that they are organizing their Human Rights Banquet of Champions; and that he went to the Doris Morrison Learning Center official opening. Councilmember Woodard: said he attended the Continuum of Care meeting and they are halfway through the 90 days on the proposed regional homeless plan,adding that nothing has been done yet with that regional group; said they are hopeful there will be an honest attempt to try to come up with additional resources and solutions for the homeless issue; said he attended the law enforcement memorial service which was a beautiful somber ceremony. Councilmember Hattenburg: reported that he attended the STA Planning & Development Subcommittee meeting, and mentioned some of the future changes in routes; said STA is now $1 million above budget; said he went to the Arbor Day Presentation with Parks& Recreation;and mentioned that the City of Spokane has added to an existing ordinance to upgrade conviction of drug use, to a gross misdemeanor; and that the legislature is currently addressing that issue. Deputy Mayor Higgins: mentioned that the Clean Air Agency is examining their budget and dealing with increasing cost; said the plan is to try to move away from a set fee to an escalating fee for heavy polluters; but they are working on that plan and the fee will be increased. MAYOR'S REPORT Mayor Haley reported that she attended the ROTC ball which was a great event; said the opening of the Central City STA line downtown will be July 18 and they are looking at several activities associated with that opening, and that people will be able to ride the bus for free that day; went to the Sons of the American Revolution meeting which was very well attended and that it was interesting to hear the history; said the Regional Homeless group continues to meet and seems to have more questions than answers; went to the SNAP annual event and their keynote speaker was an American Ninja Warrior who trains kids from lower income neighborhoods; said this week is Childcare Provider Appreciation Week; and that she attended the Asian American Pacific Islander Heritage celebration, first annual event. PROCLAMATIONS: Asian American & Pacific Islander Heritage Month; Provider Appreciation Day; National Travel and Tourism Week Deputy Mayor Higgins read the Asian American & Pacific Islander Heritage Month proclamation, which was accepted with thanks from Ms. Jackie Babol and others with the Filipino American Northwest Association. Mayor Haley then read the Provider Appreciation Day proclamation, thanking Child Care providers. Councilmember Woodard read the National Travel and Tourism Week proclamation which was accepted with thanks from Mr. Grant Guinn, owner of the Tru Hotel, and member of the Spokane Valley TPA. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Ms. Barb Howard, Spokane Valley [via zoom]: asked about any repercussions if people's property taxes are not up-to-date,but if people are still building,why are they given permits; asked in general terms of making people accountable who break the law.Mr. John Wilson, Spokane Valley: again spoke of Council addressing the idea of having an ordinance concerning inoperable vehicles; said he feels such an ordinance would be very positive for our City. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Allenda. a. Approval of Claim Vouchers on May 9,2023, Request for Council Action Form: $760,122.96 b. Approval of Payroll for Pay Period ending April 30,2023: $697,662.17 c. Approval of Council Meeting Minutes of April 18,2023 Council Meeting Minutes, Formal: 05-09-2023 Page 2 of 5 Approved by Council: 05-23-2023 d. Approval of Council Meeting Minutes of April 25, 2023 It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. First Reading Ordinance 23-008 Amending Business Licensing—Tony Beattie After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to waive the rules and adopt Ordinance 23-008. Mr. Beattie explained that the purpose of this ordinance, as well as the following agenda item, is to provide additional tools for the City to ensure that businesses authorized to operate in our city adhere to the rules and regulations applicable to their respective businesses and to provide a process to deny,suspend or revoke a business license.There was brief discussion concerning section 5.05.070(7), with Mr. Konkright explaining that the section mentioned deals with regulating the license, so such things as traffic violations would not be applicable, but only the purpose for which the license is issued. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: In favor: Mayor Haley, Deputy Mayor Higgins, and Councihnembers Peetz, Padden, Hattenburg, and Woodard. Opposed: Councilmember Wick. Motion passed. 3. First Reading Ordinance 23-009 Amending Massage Business—Tony Beattie After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayon Higgins and seconded to waive the rules and adopt Ordinance 23-009, Councilmember Wick said he agrees with the ordinance, but feels it isn't an emergency to suspend the rules and that he feels Council should adhere to the three touch principle. Councilmember Peetz added that this ordinance does not target law-abiding citizens, but that we want to make sure there is no human trafficking operating in those businesses. Councilmember Hattenburg agreed and said the legitimate businesses find there is a need for this ordinance, and said he recognizes that the Police Department has wanted to move forward on this for a long time. Mayor Haley said she agrees with waiving the rules as this matter has been discussed in great length. Mayor Haley invited public comment, and City Clerk Bainbridge mentioned the submitted e-mail written comments from Leona Perry who supports the ordinance, and that copies of the e-mail will be sent to Councilmembers. There were no other public comments. Vote by acclamation: In favor: Mayor Haley, Deputy Mayor Higgins, and Councilmnembers Peetz, Padden, Hattenburg, and Woodard. Opposed' Councilmember Wick. Motion passed. 4. Motion Consideration: Balfour Park Change Order—Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to allocate the additional $207,143 from the State Legislature potential grant, to the project budget and approve a potential change order in an amount up to $170,000 to the Contract No. 23-038 with Cameron Reilly. City Engineer Mantz went over the background of this change order as explained in the Request for Council Action, and that final pricing has not yet been negotiated. There was discussion about the need for the infrastructure and of having it in place for future needs; about concrete versus asphalt; appearance; and that this will be the signature park of our City.Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Balfour Park, AHBL Agreement Amendment—Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to execute Amendment #3 toAHBL's agreement#21-116for an additional amount of$25,141.95. Ms.Mantz explained the purpose of amending the agreement to account for revised plans and design services as noted in the included proposal. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 6.Motion Consideration: Interlocal Agreement, City of Spokane Parks& Recreation—Kendall May It was moved by Deputy Mayor Higgins and seconded to approve the Interlocal Agreement between the City of Spokane Valley and the City of Spokane by and through its Parks and Recreation Department regarding joint offering of certain recreational program classes, and authorize the City Manager to finalize and execute the same. After Ms. May gave a brief recap of the purpose of the interlocal, Mayor Haley invited Council Meeting Minutes,Formal: 05-09-2023 Page 3 of 5 Approved by Council: 05-23-2023 public comment. No comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 6a. Motion Consideration: Department of Emergency Management Agreement Renewal — Erik Lamb, Morgan Koudelka It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to finalize, sign, and send the renewal letter authorizing extension of the agreement into a second three-year term. Deputy City Manager Lamb explained that this is follow up of the previous report to Council, and that our City and the County agreed to an extension of the March 30, 2023 renewal deadline, to May 15; that staff has discussed the amendment process with DEM Deputy Director Chandra Fox. Staff evaluated the desired changes, i.e. clarifying shelter and evacuation routes, cost calculations and invoicing, and adding boilerplate language, and determined that they are minor changes and not needed at this time; but that the items can be addressed through ongoing discussions. Mr. Lamb also explained that the City has never paid nor been asked to pay more than agreed to within the Agreement; and that some of our concerns are expressed in the letter of renewal. Mr. Lamb said based on that information, staff recommends renewing this agreement for an additional three-year term and providing the letter to Spokane County.Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed. none. Motion carried. ADMINISTRATIVE REPORT: 7. CDBG(Community Development Block Grant) Interlocal—Mike Basinger, Eric Robison Mr. Basinger went over the background information contained in the Request for Council Action concerning the County being due to re-qualify for entitlement status for fiscal years 2024,2025 and 2026; and that staff is not seeking action tonight, but during this re-qualification period, the City must select one of the four options relative to participating in the CDBG program: (1)accept entitlement status and receive CDBG funds directly from HUD; (2) accept entitlement status and enter into a joint agreement with Spokane County; (3) defer entitlement status and participate through the State CDBG program; or(4)defer entitlement status and participate as part of the urban county with Spokane County. There was some discussion about the most recent changes to the interlocal; that we should continue to explore all options; mention that our representatives are not permitted to vote on the projects; and that it would be good for us to have our own plan and explore that option. Mr. Hohrnan added that not only can funds be used for sidewalk projects, but they can be used for rehabilitation pavement projects in low and moderate income neighborhoods and that discussions are underway now with the county regarding expanding possibilities for different projects. Mr. Hohman also stated staff is currently having discussions with Spokane County asking the County why our representatives don't have the ability to vote. Mr. Basinger said staff will return to Council at a future date to present the options and seek further direction. 8. 2024 Council Budget Goal Priorities—John Hohman Mr. Hohman said that this is an introductory overview of the 2024 budget goals; that in years past, goals were developed in the fall which is about the time Council is looking at a fairly well-developed budget; so the idea is to work on the goals before the June 13 budget workshop, so that Council can be introduced to what staff thinks are priority projects. He said that at next week's meeting, staff will introduce a scoring spreadsheet for Council to prioritize the projects so that staff will have Council's input and guidance on those projects; all of which he stated help shape the budget goals in July.Mr.Hohman also noted to Council that inflation has hit all aspects of the City's operation,so staff will not be coming in at a recommended 1% increase this year. Mr. Hohman went over the list of projects shown on slide 4, and noted that the projects are not in any order of priority.Council discussion included adding the following additional priority projects: how to use the court in our precinct for perhaps evenings and weekends; incentive home ownership and work force housing; security and protection measures for facilities; and a disaster recovery plan. Mr. Hohman said staff will add those and bring this back to Council next week. 9. Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. Council Meeting Minutes,Formal: 05-09-2023 Page 4 of 5 Approved by Council: 05-23-2023 10. Department Report The Community&Public Works monthly report was for information only and was not reported or discussed. COUNCIL COMMENTS There were no additional Council comments. CITY MANAGER COMMENTS City Manager I-Iohman said that the Spokane Valley Indians game night will be held Wednesday,August 16 and that more details will be forthcoming;said that state representatives and Senator Padden will also receive invitations. Concerning City Hall, Mr. Ilohman explained that Garco Construction continues going through the building and preparing a plan to look at some aspects of the building we haven't been able to review yet; said this will occur over the next few weeks with major activities to start in about a month. EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(1)(i)] It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for approximately 20 minutes to discuss pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:08 p.m. At 8:27 p.m., Attorney Beattie announced the extension of the executive session until 8:40 p.m. At 8:40 p.m., Mr. Beattie announced the extension of the executive session for another five minutes. At 8:45 p.m,, Mr. Beattie announced the extension of the executive session until 8:55 p.m. At 8:50 p.m. Mayor Haley declared Council out of executive session,at which time it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. 011 AT Pain Haley, Mayor Kristine Bainbridge, City Cler1 Council Meeting Minutes,Formal: 05-09-2023 Page 5 of 5 Approved by Council: 05-23-2023 PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, May 9, 2023 6:00 p.m. GENERAL PUBLIC COMMENT OPPORTUNITY THIS IS FOR GENERAL PUBLIC COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES You may sign in to speak but it is not necessary, as the Mayor will afford the public the opportunity to speak. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE ,PLEASE PRINT WILL SPEAK ABOUT VU 1. &VI /11f to) A Please note that once information is entered on this fine, it becomes a public record subject to public disclosure. Chris Bainbridge From: Leona Perry <leonampa@gmaiLcom> Sent: Tuesday, May 9, 2023 11:03 AM To: Council Meeting Public Comment Subject: Comment for meeting tonight [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. 5/9/2023 illegal massage crackdown Leona Perry Spokane Valley 99206 May I suggest police who are involved in any arrests that might concern human trafficking work with hrc also in the valley for any help or advice for victims. Sometimes the lines between illegal prostitution and being a victim of human trafficking are so very blurred. I do however support this enforcement of current initiatives. t Item 6a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 9, 2023 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ® new business El public hearing El information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Department of Emergency Management, Agreement Renewal GOVERNING LEGISLATION: Spokane Valley Interlocal Agreement 21-080; Revised Code of Washington Chapter 38.52. PREVIOUS COUNCIL ACTION TAKEN: Council authorized execution of the Emergency Management Interlocal Agreement on May 11, 2021, and authorized extending the renewal notification deadline on March 21, 2023. Administrative Report provided to Council on May 2, 2023. BACKGROUND: The City of Spokane Valley has always contracted with Spokane County for the provision of Emergency Management Services. Emergency Management is a department that is operated under direction of the Spokane County Sheriff's Office and the Sheriff acts as the Director of Emergency Management. The purpose of this service is to administer and coordinate emergency management programs and to preserve lives and property in the event of catastrophic events. According to Washington RCW 38.52.070, each political subdivision of the state must establish a local organization or be a member of a joint local organization for emergency management, have a director of emergency management, and prepare and submit a comprehensive emergency management plan to include a communication plan. Contracting with Spokane County for Emergency Management services satisfies these requirements. Highlights of the current agreement are: 1. Three-year term with one three-year renewal 2. Termination to occur by March 30 for subsequent year withdrawal 3. Details regarding the provision of services including planning, training, coordinated disaster response and recovery, volunteer/emergency worker management, outreach and education, and access to Emergency Management resources 4. Expectations of participating jurisdiction (City of Spokane Valley) such as appointment of coordinator, representative on Policy Board, development of Continuity of Operations Plan, maintaining an Emergency Operations Plan, identifying points of contact, completion of National Incident Management System (NIMS) compliant planning and training, participation in training exercises, and notification and coordination with Emergency Management when activating incident management 5. Availability of optional services 6. Notification and service and cost discussions required in the event of a loss of grant revenue. Section 2 of the current agreement specifies that the current agreement will terminate on March 30, 2023 unless notice to add one additional three-year term is provided by March 30, 2023. City and County authorized an extension of this deadline to May 15. In reviewing the service summary reports, staff is satisfied that Spokane County Emergency Management is providing the contractually stipulated services to the City. The services provided satisfy state and federal requirements for emergency management and qualify the receipt of state item 6a and federal grant dollars that provide more than half of the region's emergency management funding. At the May 2 presentation, staff discussed needs related to clarifying expectations regarding shelters and evacuation routes, cost calculations and invoicing, and adding boilerplate language typically included in the City's agreements with Spokane County. Further, Councilmembers identified concerns about the potential for the City to be billed for extra costs that Emergency Management may incur during emergencies. During that discussion, staff discussed a process of providing approval of renewal and also bringing back an amendment for Council consideration on those needs at a later date as part of that renewal process. Staff have been analyzing the needs in more detail and discussed the amendment process with Chandra Fox, Deputy Director of DEM. The amendment process is much more involved than other agreements with Spokane County, as it requires consideration by the Emergency Management Policy Board and approval by all other participating jurisdictions. Given this process, staff believe it would be very difficult to process an amendment in a timely manner relative to the renewal. Consideringthat such an amendment would need to be processed by the Emergency Management Policy Board and be approved by all participating jurisdictions, staff further evaluated the desired changes and determined that the first three desired changes in the agreement are relatively minor and not needed at this time. Further, these are items that can also be addressed in some fashion through ongoing discussions with Emergency Management and as part of the City's own emergency planning efforts. As related to the concerns expressed by Council regarding costs associated with emergency and disaster events, staff have had further discussions with Emergency Management and researched prior actions by the City and Emergency Management. Historically, while there were concerns about potential additional costs, the City has never paid, nor been asked to pay more than agreed to within the Agreement. The Deputy Director of Spokane County Emergency Management also confirmed that the Department would never incur costs on behalf of Spokane Valley related to a specific disaster. Given the extensive process for amendment, relative minor changes identified, and history related to cost recovery, staff are not recommending an amendment to the Agreement at this time and recommend approval of the agreement in its current form. Staff have drafted a proposed renewal letter for City Council consideration. Note that at the end of the next three-year term, there is no built-in process for renewal, and so the parties would be required to negotiate a new agreement. To address the concerns related to cost recovery and to ensure the City adequately prepares for and addresses the cost recovery issues, a paragraph has been added to the renewal letter specifically identifying the City's understanding related to cost recovery, and requesting a draft of the new agreement be developed by the end of 2024, well in advance of the end of the next three- year term. This will allow the City to take appropriate time to consider the new agreement and ensure all of the City's issues are covered. OPTIONS: Staff recommends renewing this agreement for an additional three-year term and providing the draft letter to Spokane County; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City-Manager to finalize, sign and send the renewal letter authorizing extension of the agreement into a second three-year term. Item 6a BUDGET/FINANCIAL IMPACTS: 2023 budget: $90,000 STAFF CONTACT: Erik Lamb, Deputy City Manager; Morgan Koudelka, Senior Administrative Analyst; ATTACHMENTS: Attachment 1: Draft Notification Letter; Attachment 2: Interlocal Agreement 21-- 080, Emergency Management Services SCITYaliane Valley OFFICE OFTHE CITY MANAGER 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 ♦ www.spokanevalley.org May 10, 2023 Chandra Fox, Deputy Director Spokane County Emergency Management 1121 W Gardner Ave Spokane, WA 99201 RE: City of Spokane Valley Renewal of Interlocal Agreement for Emergency Management Services Dear Ms. Fox: The City of Spokane Valley ("City") contracts for emergency management services with the Spokane County Emergency Management ("SCEM' ) agency through the Interlocal Agreement executed on May 13, 2021. This agreement runs for a three-year term ending December 31, 2023, unless renewed for a subsequent three-year term. Section 2 of the agreement specifies that the City must provide written notice to Spokane County ("County") on or before March 30, 2023, if it intends to enter into an additional three-year term. The City and County agreed to a 45-day extension for such notice. This letter serves as the City's notice to extend the teun of the current agreement for an additional three-year period, beginning January 1, 2024, and ending December 31, 2026, with the following terms of understanding. 1. The County and SCEM will not incur costs relative to a specific emergency or disaster-related event, with the intent to charge the City for a share of those costs, without prior written authorization from the City. 2. The City requests that SCEM and the Emergency Management Policy Board will work on crafting a new interlocal agreement to replace the existing agreement (extension expires December 31, 2026), including terms specific to the handling of costs related to emergency or disaster events. A draft agreement will be presented to the City by December 31, 2024. Respectfully, John Hohtnan, City Manager Electronic CC: Board of County Commissioners Electronic CC: Scott Simmons, Spokane County CEO /I.000 No.21 - 0367 BEFORE THE HOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING INTERLOCAL ) AGREEMENTS BETWEEN SPOKANE COUNTY ) AND MUNICIPALITIES WITHIN SPOKANE ) RESOLUTION COUNTY FOR EMERGENCY MANAGEMENT ) SERVICES THROUGH SPOKANE COUNTY ) EMERGENCY MANAGEMENT ) WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane County, Washington is a class A county duly organized and existing; and WHEREAS, pursuant to the provisions of RCW 36.01.030, the powers of Spokane County can only be exercised through the Board of County Commissioners of Spokane County, Washington ("Board" or "Board of County Commissioners"); and 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 the provisions of Spokane County Code Chapter 1.08, the Board of County Commissioners established Spokane County Emergency Management ("SCEM") as an emergency management agency within the Spokane County Sheriff's Office;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. Consistent with RCW 38.52.070, the City of Airway Heights, City of Cheney, City of Deer Park, City of Liberty Lake, City of Medical Lake, City of Spokane Valley, Town of Latah, Town of Millwood, and Town of Rockwood("Parties") are authorized and directed to establish local organization for emergency management in accordance with the Washington State Comprehensive Emergency Manage Plan and Program;and WHEREAS, chapter 39.34 RCW ("Interlocal Cooperation Act"), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Airway Heights, City of Cheney, City of Deer Park, City of Liberty Lake, City of Medical Lake, City of Spokane Valley, Town of Latah, Town of Millwood, and Town of Rockwood ("Parties") have previously entered into various interlocal agreements with Spokane County wherein SCEM would provide certain emergency management services, the most recent interlocal agreement executed under Spokane County Resolution No. 2012-0169, on February 28,2012,("ILA"); and WHEREAS, the Parties desire to enter into new interlocal agreements to supersede and replace the ILA executed under Spokane County Resolution No.2012-0169,on February 28,2012, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.01.030, RCW 36.32.120(6), chapter 39.34 RCW and RCW 38.52.080,that either the Chairman of the Board, or a majority of the Board, Chief Executive Officer, Chief Operations Officer, Chief Budget Officer or the Deputy Director of the Spokane County Emergency Management be and is hereby authorized to execute those documents entitled "INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES,"a copy of which is attached hereto as Attachment "A", wherein the City of Airway Heights,City of Cheney,City of Deer Park, City of Liberty Lake, City of Medical Lake,City of Spokane Valley,Town of Latah,Town of Millwood, and Town of Rockwood will individually contract with Spokane County for the receipt of emergency management services from the SCEM. The execution of the "INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES" by the entities will supersede and replace the ILA entered into under Spokane County Resolution No. 2012-0169, executed by the Parties on February 28, 2012. The Page 1 of 2 provision of services by SCEM under the "INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES" will augment, but not supplant the entities responsibilities and obligation under chapter 38.52 RCW. PASSED AND ADOPTED this 2 tI iay of , 2021. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON pF C 040.IN. * ,./ Josh Kerns, Chair s ATTEST: ��4,,cout .: bw:'•�1111". Mary L. Kuney ice-Chair Ginna Vasquez, Clerk o e Board Al French,Commissioner Page 2of2 LI os0 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES THIS INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES (the "Agreement") is made and entered into this IJ day of MAIA , 2021, by and between SPOKANE COUNTY, a political subdivision of the State of VVashington (the "County"), and the CITY/TOWN OF , L. \NA , a municipal corporation of the State of Washington (the"City" or the "Town") (individually"Party"and collectively"Parties")pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. RECITALS A. The County has established Spokane County Emergency Management (hereinafter "SCENT") as .an emergency management agency within the Spokane County Sheriff's Office pursuant to Chapter 1.08 SCC. E. The County, acting through SCEM, operates as a local organization for emergency management in accordance with relevant comprehensive emergency management plans and programs pursuant to Chapter 38.52 RCW. C. The City/Town and the County have previously contracted for coordinated emergency management services through a series of Interlocal Agreements for Emergency Management Services, most recently dated July 17, 2012. D. The coordinated emergency management services that SCEM provides, augment, but do not supplant, the City/Town's responsibilities and obligations under Chapter 38.52 RCW. E. The County and City/Town believe that it is in the public interest to provide coordinated emergency management services as provided herein. AGREEMENT NOW,THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City/Town agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to provide an economical mechanism for administration and coordination of County and City/Town emergency management programs, generally to. protect the public peace, health, and safety and to preserve the lives and property of the people of the County and City/Town. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 1 of 8 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both Parties and filed with the County Auditor. The term of this Agreement is three (3) years; and the Agreement shall remain in effect through midnight December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, and the term of this Agreement may be extended or renewed for up to one (1) additional three (3) year term, upon the City/Town providing the County written notice on or before March 30, 2023. The County shall in writing approve or reject the extension or renewal within thirty (30) days of receiving notice of intent to extend or renew; PROVIDED FURTHER,that each Party's obligations after December 31, 2023, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of the last fiscal year for which funds are appropriated. The Party shall notify the other Party in writing of any non-allocation of funds at the earliest possible date. 3. Administrators. Each Party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such Party's participation in this Agreement. The Parties' Initial Administrators shall be the following individuals: County's Initial Administrator: City/Town's Initial Administrator: Chandra Fox, Deputy Director Spokane County Emergency Management 1121 W Gardner Ave Spokane, WA 99201 Either Party may change its Administrator at anytime by delivering written notice of such Party's new Administrator to the other Party. - 4. Emergeencv Management Services. The County shall provide emergency management services, as described herein, to the City/Town during the term of this Agreement in accordance with Chapter 38.52 RCW.The County will endeavor to provide the Services as described in its comprehensive emergency management plan and in Schedule A, attached hereto and incorporated herein. At its option, the City/Town may elect to receive any or all of the additional services described in Schedule D, which is attached hereto and incorporated herein, upon at least 30 days written notice provided to the County and subject to the availability of County resources. All Services shall be provided without warranty of any kind, including, but not limited to, the sufficiency or adequacy of the actions of the Parties in response to an emergency or disaster. The City/Town shall remain responsible for the provision of all those services identified in Schedule B, attached hereto, as well as any other INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 2 of S services the City/Town is otherwise required by law to perform. 5. Emergency Management Policy Board. The City/Town shall be entitled during the term of this Agreement to voting representation on the SCEM Emergency Management Policy Board established by SCC 1.08.030. The duties of the Policy Board are set forth in SCC 1.08.030, as it now exists or is hereafter amended. 6. independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City/Town. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City/Town. The County has the express right to direct and control the County's activities in providing the Services in accordance with the specifications set out in this Agreement. The City/Town shall only have the right to ensure performance. 7. Compensation. 7.1 Annual Service Charge. The City/Town shall pay an Annual Service Charge to the County. Beginning January 1, 2021, and as adjusted annually each January 1 thereafter, the Annual Service Charge shall be a per capita rate based on: 1) SCEM's proposed General Fund budget, minus funding for the Deputy Director, and; 2)the City/Town's population number from the annual Office of Financial Management (OFM) Estimate for Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues State of Washington,the 2020 version of which attached hereto and.incorporated herein at Schedule C. By July 15 of each year,the County shall issue a revision to Schedule C to reflect changes to the City/Town's population number from the annual Office of Financial Management (OFM) Estimate for Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues State of Washington and the resulting Annual Service Charge for the subsequent year. For 2021, the Annual Service Charge shall be set at a rate of $0.89 per capita. The County agrees to pay the annual service charge assigned to cities and towns that have a population of less than 1,000. At the end of each calendar year, using the population methodology and actual SCEM costs plus Countywide and Sheriff's Department Indirect Costs from the Law Enforcement Cost Allocation Plan, the County will re-compute each City/Town's actual cost share. Annual adjustments will be made on or before October 31't of each year based on actual expenditures for the previous year. 72 Invoicing. The Annual Service Charge includes the services described in this Agreement's Schedule A, and reasonable operation and maintenance costs for which there will be no separate billing.The County shall invoice the City/Town or its designee forthe Annual Service Charge for all services performed by the County.The City/Town shall be responsible for complete and timely payment of all amounts invoiced regardless of whether the City/Town opts to participate in the invoiced services. Invoices will be sent quarterly or on any other schedule that 1NTERL©CAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 3 of 8 is mutually convenient to the Parties. Payment of the Annual Service Charge is due and payable in quarterly installments on January 31, April 30, July 31, and October 31. 73 Additional Services. If a City/Town elects to receive additional servlce(s)s as described in Schedule 0, one half of the cost of additional service(s) shall be added to the quarterly invoice after the City/Town notifies SCEM and the remaining half shall be added to the quarterly invoice that follows the delivery of the additional service(s). 74 Homeland Security and Emergency Management Performance Grants. The Parties acknowledge the importance of sustaining SCEM staff currently funded by federal grants. In the event that SCEM receives notice of cuts to federal grants that may jeopardize SCEM's ability to fulfill the Services outlined in this Agreement, the County agrees to notify the City/Town within 15 days of receipt of notice of such cuts from proponent of the federal grant. Following such notification,the Parties agree to reassess the Services and Annual Service Charge.The City/Town agrees that by entering into this Agreement, it will forego applying for Emergency Management Performance Grant (EMPG) monies. 8. Hold Harmless and Indemnification. Except in those situations where the Parties have statutory or common law immunity for their actions and/or inactions and to the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnifythe other Party, its officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever including attorney's fees) arising out of or in any way resulting from such Party's own negligent acts, errors, or omissions or willful misconduct related to such Party's participation and obligations under this Agreement. Each Party agrees that its obligations under this subsection extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. 9. Privileges and Immunities. Whenever the employees of the County or the City/Town are rendering outside aid pursuant to the authority contained in RCW 38.52.070 and 38.52.080(1), such employees shall have the same powers, duties, privileges, and immunities as if they were performing their duties in the County or the City/Town in which they are normally employed. Nothing in this Agreement shall affect any other power, duty, right, privilege, or immunity afforded the County or the City/Town in Chapter 38.52 RCW. 10. Liability Related to City/Town Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 4 of a in any way release the City/Town from any liability or responsibility which arises in whole or in part from the existence or effect of City/Town ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City/Town ordinance, policy, rule or regulation is at issue, the City/Town shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City/Town, the County, or both, the City/Town shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 11. Compliance with Laws. In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 12. Early Termination. Either Party may terminate this Agreement, with or without cause, upon written notice to the other Party by no later than March 30 of the year of termination.Termination pursuant to this Section 12 will become effective on December 31 of the calendar year in which the termination notice is given. 13. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful, either of the parties may institute legal action for specific performance of this Agreement or for damages. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email)tothe applicable Administratororthe Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Performance. Time is of the essence of the Agreement in each and all of the provisions and scope of services in which performance is a factor. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 5 of 8 16. Entire Agreement;Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 17. Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement,the text or main body of this Agreement shall prevail. 18. Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Spokane County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 19. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictlyfor or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 20. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 21. No Waiver. Failure by either Party at any time to require performance by the other Party under this Agreement or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent breach hereof or the right to require performance or affect the ability INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 6 of 8 to claim a breach with respect hereto. 22. No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other Party, which may be granted or withheld in such Party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a default under this Agreement. 23. Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign this Agreement. 24. No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership,joint venture or other joint enterprise between the Parties. 25. No Separate Entity Necessary. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 26. Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement will remain the sole property of such Party, and the other Party shall have no interest therein. 27. No Third-Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City/Town and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 7 of 8 28. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY: CITY/TOWN: `����,,�), BOARD OF COUNTY COMMISSIONERS City/Town of c ki-e \/ICI ( y' , a OF SPOT<ANE COUNTY, WASHINGTON Washington munic pal corporation By 11 J CAVAn-._ JOSH KERNS, CHAIR Name: !V Or/( CJ iitOLL9 Title: Appred MARY ICU)1114,1•11-4 -' -W1--tt-44.1 E 1 VICE-CHAIR City/Attorney) ABSENT Al. FRENCH, COMMISSIONER ATTEST: VA Q inna Vasquez, Clerk of a Board INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES 8of8 Schedule A Description of Emergency Management Services The County shall provide Emergency Management Services (the "Services") through Spokane County Emergency Management ("SCEM") to Cities, Towns, and Tribes (individually "Participating Jurisdiction", and collectively "Participating Jurisdictions"). These Services shall include the following. 1. General: SCEM will maintain an emergency management organization that complies with state law and federal guidelines. This organization will implement the concepts, of the National Incident Management System (NIMS) and incorporate best practices of emergency management into its operations.These best practices include a focus on developing and sustaining Core Capabilities across all mission areas, developing disaster management relationships with partners throughout the County and Region, and incorporating the Whole Community perspective into all programs. 2. Planning: SCEM will assist Participating Jurisdictions in the development of executable disaster-related plans. SCEM will maintain emergency management plans in accordance with applicable state and federal laws, regulations, and guidance. SCEM will use, and encourage the use of, systematic planning processes that engage the Whole Community. a. SCEM will maintain the Spokane County Comprehensive Emergency Management Plan (SCCEMP) and provide technical assistance (templates, meeting facilitation, and plan review) to Participating Jurisdictions in order for them to maintain an Emergency Operations Plan (EOP), as either a standalone plan or as an annex to the County's CEMP, which meets the requirements set forth in RCW 38.52.030 and WAC 118-30-060. Plans shall include an analysis of the natural, technological, or human caused hazards that could affect the County or jurisdiction,respectively. Plans will also describe a NIMS-compliant incident management structure for use during multiagency/multijurisdictional operations and include the procedures to be used during emergencies for coordinating local resources, as necessary, and the resources of County agencies, departments, commissions, and boards. b. SCEM will maintain the Spokane County Natural Hazards Mitigation Plan, a FEMA-approved multi jurisdictional hazard mitigation plan that complies with the Disaster Mitigation Act of 2000 (DMA2K) and 44 CFR §201.6, and, upon request, provide technical assistance (templates, meeting facilitation, and plan review)to Participating Jurisdictions in order for them to maintain an annex to the County's FEMA-approved hazard mitigation plan that meets the requirements set forth in 44 CFR §201.6. c. SCEM will maintain the Spokane County Disaster Recovery Framework and, upon request, provide technical assistance (templates, meeting facilitation, and plan review)to Participating Jurisdictions desiring to develop a INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-1 jurisdictional Disaster Recovery Framework. d. SCEM will maintain standard procedures for its Emergency Coordination Center (ECC) and provide technical assistance (templates, meeting facilitation,and document review)to Participating Jurisdictions in order to develop complementary procedures for their respective Emergency Operations Centers. e. SCEM will participate in regional- and state-level planning efforts, representing Spokane County and, unless otherwise specified, the Participating Jurisdictions within Spokane County. Examples of such efforts include the Statewide Catastrophic Incident PlanningTeam (SClPT), State Emergency Response Commission (SERC), and the Emergency Management Advisory Group (EMAG). 3. Training and Exercise: SCEM will assist Participating Jurisdictions to develop, maintain, or expand their emergency management capabilities. The prioritized capabilities to train and exercise are operational coordination, operational communications, situational assessment, logistics, public information, and planning. a. SCEM will conduct an annual training and exercise planning workshop (TEPW) in order to develop a coordinated training and exercise calendar. SCEM will also send representatives on behalf of Spokane County and the Participating Jurisdictions to the State's annual Integrated Preparedness Planning Workshop (IPPW). b. SCEM will maintain a Multi-Year Training and Exercise Plan (TEP) that describes the outcomes of the TEPW. SCEM will produce and electronically distribute a training and exercise calendar each month to the Participating Jurisdictions. c. SCEM will maintain a training program that adheres to state and federal guidance, including the National Incident Management System (NIMS) Training Plan and FEMA's Core Capability Development Sheets. This training program includes: i. SCEM will assist each Participating Jurisdiction in the development of a jurisdiction-specific NIMS compliance plan. This includes providing assistance in determining applicable courses and identifying online and in-person resources that can provide compliance-related courses. Participating Jurisdictions retain the responsibility to track individual training of their staff members and, per the State's policy, submit NIMS compliance reports. ii. Countywide, SCEM will facilitate the delivery of two (2) ICS-300 (Intermediate ICS for Expanding Incidents) courses and two (2) ICS-400 (Advanced ICS for Complex Incidents) courses each year. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-2 iii. Countywide, SCEM will facilitate the delivery of two (2) G191 (Emergency Operations Center/Incident Command System Interface) workshops each year, or as requested. iv. Upon request, SCEM will facilitate the delivery of the Community Points of Distribution (CPOD) courses. v. Upon request, SCEM will deliver ICS-402 (ICS Overview for Executives/Senior Officials) or its equivalent to each requesting Participating Jurisdiction in order to educate the Participating Jurisdiction's policy makers and to help them meet the requirements of the National Incident Management System (NIMS). vi. Annually, SCEM will host at least two local deliveries of courses from FEMA's Emergency Management Institute and/or the National Disaster Preparedness Consortium. vii. On behalf of each Participating Jurisdiction, SCEM will process applications to host training opportunities available through FEMA's Emergency Management Institute and/or the National Disaster Preparedness Consortium. The Participating Jurisdiction requesting such courses will be responsible for identifying a location and any costs associated with the course delivery, e.g. refreshments. viii. Countywide, SCEM will deliver two (2) offerings of an ARRL- approved HAM radio technician class each year. d. SCEM will maintain an exercise program that adheres to state and federal guidance, including the Homeland Security Exercise and Evaluation Program (HSEEP) and applicable grant requirements. Unless otherwise specified,the intent of SCEM's exercise program is to evaluate established plans and/or procedures, and identify ways to improve those plans and/or procedures. The exercise program includes, but is not limited to: i. Every three (3) years SCEM will conduct a countywide functional exercise that evaluates Spokane County's CEMP, the procedures used in the Spokane County Emergency Coordination Center, and our ability to coordinate with jurisdictions throughout Spokane County. SCEM strongly encourages all Participating Jurisdictions to participate in that exercise and will provide technical assistance in the development of their exercise plan. ii. Countywide, SCEM will facilitate two (2) tabletop exercises (TTXs) per year. These TTXs will evaluate Participating Jurisdictions' response plans and capabilities against various hazards that threaten Spokane County. iii. Countywide, SCEM will facilitate one (1) CPOD exercise peryear in conjunction with CPOD training. iv. SCEM will facilitate jurisdiction EOC workshops as requested. These workshops will be used to develop or update the scheduled Participating Jurisdiction's EOC procedures. v. SCEM will facilitate jurisdiction EOC drills as requested. These drills will be used to validate the scheduled Participating Jurisdiction's EOC procedures. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-3 vi. Countywide, SCEM will conduct monthly communications drills with Participating Jurisdictions to ensure the viability of various means of communications. 4. Coordinating Disaster Response Activities: SCEM and Participating Jurisdictions will coordinate their emergency response activities in order to endeavor to minimize death, injury, and damages to property, the economy, and the environment during natural, technological or human-caused disasters. a. SCEM will maintain a 24 hour per day Duty Officer, who will serve as the primary point of contact to address emergency management-related requests on behalf of Participating Jurisdictions. The Duty Officer is available through direct phone call, or by request through Dispatch. b. As resources allow, SCEM will utilize multiple means ofcommunication to notify, warn, and/or provide information and instruction to the general public regarding impending or occurring disasters. c. SCEM will maintain and, when necessary, activate the Spokane County Emergency Coordination Center (SCECC) and implement the Spokane County CEMP and applicable procedures. The SCECC may activate in anticipation of, or immediately after, disasters as defined by RCW 38.52.010(6). The SCECC may also activate to provide support during pre- planned events or at the approved request of a Participating Jurisdiction. Requests to activate the SCECC will be made via the Duty Officer to the SCEM Deputy Director.The decision to activate the SCECC, and at what level, is made by the SCEM Director or Deputy Director. d. SCEM will maintain and,when necessary,activate the Spokane County Joint Information Center (SCJIC) and applicable procedures. The SCJIC may activate in anticipation of, or immediately after, disasters as defined by RCW 38.52.010(6). The SCJIC may also activate to provide support during pre-planned events or at the request of a Participating Jurisdiction. Requests to activate the SCJIC will be made via the Duty Officer to the SCEM Deputy Director. The decision to activate the SCJIC, and at what level, is made by the SCEM Director or Deputy Director. a. When activated, the SCECC will coordinate resource requests among affected jurisdictions within Spokane County. The SCECC will also make available the County's emergency resources not required for use elsewhere during emergencies,the use of which shall be determined and prioritized bySCECC. When necessary, SCEM will request state and federal resources on behalf of the Participating Jurisdictions through Washington's established emergency management protocols, i.e. from the SCECC to the Washington State Emergency Operations Center. The Participating Jurisdictions agree that the County shall remain harmless in the event of non-availability or non-performance of requested resources. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-4 f When activated, the SCECC will coordinate situational awareness among affected jurisdictions within Spokane County, and with regional and state partners. g. When activated, the SCJIC shall coordinate public information and messaging about critical lifesaving and life-sustaining information by all means necessary to expedite the delivery of emergency services and aid the public to take protective actions. Participating Jurisdictions will identify appropriate points of contact with whom the JIC will communicate to form the information network commonly referred to as the Joint Information System (JIS). h. When requested,and at the discretion of the SCEM Deputy Director,SCEM will deploy a liaison to the participating jurisdiction to directly assist with incident management, technical support and assistance, and/or use of mobile assets. During activation of the SCECC, SCEM may request that Participating Jurisdictions deploy liaisons to the Spokane County ECC to enhance communication between the SCECC and the incident site(s). i. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent,SCEM will,under the provisions of SCC Chapter 1.08.020, initiate through the Board of County Commissioners a Proclamation of Emergency for Spokane County. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent, Participating Jurisdictions may, under the provisions of applicable code, initiate through the Participating Jurisdiction's appropriate authority a Proclamation of Emergency for their jurisdiction. Participating Jurisdictions will notify SCEM as soon as practicable of their intent to proclaim a disaster and provide SCEM with a copy of the proclamation as soon as practicable. 5. Coordinating Disaster Recovery Activities. SCEM and Participating Jurisdictions will coordinate their disaster recovery activities in order to endeavor to restore critical services and establish a new normal for the affected area(s) as quickly as possible. a. SCEM, in conjunction with the State's Emergency Management Division (EMD) and the Federal Emergency Management Agency (FEMA), will coordinate the formal post-disaster Preliminary Damage Assessment (PDA) process. Participating Jurisdictions will be responsible for tracking and reporting activities potentially reimbursable by federal and/or state disaster assistance programs. Each participating jurisdiction remains responsible for the costs it incurs. b. In the aftermath of a disaster as defined by RCW 38.52.010(6), SCEM will initiate the transition of disaster response to disaster recovery. This includes implementing the Spokane County Disaster Recovery Framework and establishing the Recovery Support Functions found therein. When requested, Participating Jurisdictions will identify points of contact to be integrated into this process. i NTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-5 b. Volunteer I Emergency Worker Management: SCEM will work in collaboration with participating jurisdictions to develop volunteer capabilities that augment participating jurisdictions' local disaster response efforts; specifically, Disaster Assistance Response Teams (DART) and/or the Spokane County Auxiliary Communications Service (ACS). a. Participating Jurisdictions will identify potential DART volunteers. SCEM will facilitate their registration as emergency workers in accordance with the Washington State Emergency Workers' Program and maintain a central database of these volunteers.Annually,SCEM will provide to the participating jurisdictions a list of the volunteers living within each jurisdiction's respective boundaries. b. SCEM will provide oversight to the Spokane County Auxiliary Communications Service (ACS) function, which provides redundant emergency communications services to SCEM, its Participating Jurisdictions, as well as hospitals and the Greater Inland Northwest Chapter of the American Red Cross. SCEM will assign trained ACS volunteers to augment Participating Jurisdictions' EOCs. Using volunteers (as groups or individuals) for activities outside of the scope of their intended purpose and/or training places them outside of the scope of RCW 38.52.180, Chapter 118-04 WAC, and this Agreement. These volunteers cannot be afforded protection under the Washington State Emergency Workers Program; therefore Participating Jurisdictions desiring to expand the use of volunteers beyond the scope established by SCEM are required to provide coverage in accordance with L&I Industrial Insurance regulations. 7. Outreach and Education: SCEM will work in conjunction with participating jurisdictions to provide disaster-related outreach and education in order to improve overall community resilience. a. SCEM will develop, promote, and make available to Participating Jurisdictions preparedness materials related to Spokane County's identified hazards of concern, and procure and make available FEMA-produced preparedness materials. The amount of preparedness materials provided will be made on a case-by-case basis and based upon available supply. b SCEM will develop and promote individual preparedness messages to be delivered via its affiliation with local radio andTVstations, and across social media platforms. c. Upon request, and when practicable, SCEM will deliver preparedness presentations on behalf of a Participating Jurisdiction. Such requests should be made at least 30 days prior to the presentation. Participating Jurisdictions are responsible for providing an adequate facility and incurs any extraordinary costs INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-6 associated with such events, e.g. refreshments, room rental costs, etc. d. Quarterly, SCEM will produce a report that summarizes its major activities for the previous quarter. The quarterly report will be distributed to the Director, the Emergency Management Policy Board (EMPB), the Emergency Management Operations Group (EMOG), and Participating Jurisdictions. 8. SCEM Resources: SCEM maintains a number of resources that, when practicable, will be made available to Participating Jurisdictions. Requests for their deployment shall be made to the SCEM Duty Officer or, when activated,the Spokane County ECC. These resources include, but are not limited to: a. Mobile Command Vehicle, commonly referred to as the "MCV." A command vehicle provides a motorized, self-contained, climate-controlled capability to augment incident management. Upon request of the MCV, SCEM provides the MCV, and as needed, a pilot car to assist in routing the MCV to the requested ICP location. b. Communications trailer. The communications trailer provides a self- contained, climate-controlled capability to augment communications. c. Mobile emergency response trailer.This trailer provides a towed capability that can be used to augment community points of distribution, volunteer reception centers, or emergency operations centers. d. Alert and Warning. SCEM will manage the Alert Spokane program, and maintain a system that provides alert and warning to county residents. Access to this system for local alerting will be through SREC Dispatch or the SCEM Duty Officer. Use of the system for Wireless Emergency Alerts (WEA) or other IPAWS protocols, is available only through the SCEM Duty Officer. INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule A A-7 Schedule B Expectations of Participating Jurisdiction As stated in Section 4 of the Agreement, the services provided by SCEM augment the participating jurisdictions. This schedule outlines some, but not all, of the areas for which the Participating Jurisdictions retain responsibility. Fulfillment of the specific Expectations of Participating Jurisdictions will be commensurate with and appropriate for each individual jurisdiction (i.e. type and scope of plan(s) needed, and level of required staff training). 1. General: a. Each Participating Jurisdiction will appoint a coordinator who will serve as the Jurisdiction's primary point of contact for SCEM. b. In accordance with SCC 1.08.035, each Participating Jurisdiction will designate one (1) representative and one (1) alternate to the SCEM Emergency Management Policy Board and attend the quarterly meetings. Names of and contact information for the representative and alternate shall be provided to SCEM's Deputy Director prior to February 1 of each calendar year, and as soon as possible following the designation of a new representative. The Policy Board shall advise the director of emergency management in recommending to the executive actions on emergency management plans and programs; the department's budget; rate schedules for emergency management service charges paid by contracting agencies; and other matters as requested by the county executive or the director. 2. Planning: a. Participating jurisdictions will develop and maintain Continuity of Government and Continuity of Operations (COG/COOP) plans for their respective jurisdictions. Plans will include, at a minimum: provision for the preservation, maintenance, and/or reconstitution of the jurisdiction's government accomplished through succession of leadership; and ensure the ,continued performance of minimal essential functions; develop the necessary plans, procedures, and provision for alternate facilities, personnel, resources, interoperable communications, and vital records/databases. b. Participating Jurisdictions of sufficient size will maintain an Emergency Operations Plan (EOP)that describes a NIMS-compliant incident management structure for use during multiagency/multijurisdictional operations, and includes the procedures to be used during emergencies for coordinating the jurisdiction's resources. c. Participating Jurisdictions will identify a primary and alternate point of contact for each planning effort. Participating Jurisdictions will convene work groups and provide meeting space as necessary to facilitate the development INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule 8 B-1 of plans including the jurisdiction's emergency operations plan, hazard mitigation plan,functional emergency management plans, etc., as applicable. 3. Training and Exercise: a. With SCEM's assistance, Participating Jurisdictions will develop jurisdiction-level NIMS compliance plans. Participating Jurisdictions retain the responsibilityto track individual training of their staff members. b. Participating Jurisdictions desiring to schedule specific training and exercise opportunities should do so by sending a representative the annual Training and Exercise Planning Workshop (TEPW). Facilitating training and exercise opportunities not scheduled at the TEPW shall be at the discretion of the SCEM Deputy Director. 4. Disaster Response Activities: a. Participating Jurisdictions will coordinate their emergency response activities with and through SCEM in order to endeavor to minimize death, injury, and damages to property, the economy, and the environment during natural, technological or human-caused disasters. b. During, or in anticipation of, disasters as defined by RCW 38.52.010(6), affected Participating Jurisdictions will activate their incident management structure and Emergency Operations Plan, and notify SCEM as soon as practicable. c. When activated, Participating Jurisdictions will request County, state and/or federal resources through established emergency management protocols, i.e. from the SCECC to the Washington State Emergency Operations Center. The Participating.lurisdictions agree that the County shall remain harmless in the event of non-availability or non-performance of requested resources. d. Participating jurisdictions are responsible for the costs of response services provided specifically to their jurisdiction. The jurisdiction will participate in negotiating those costs with the vendor or service provider at time of request and prior to any expenditure. There is no expectation or responsibility implied by this agreement that a jurisdiction would subsidize the response costs of another jurisdiction. e. Participating Jurisdictions shall submit incident-related information to the SCECC and the SCECC shall develop and provide comprehensive situation reports to the Participating Jurisdictions, as well as to regional and state partners. f. Participating Jurisdictions will identify appropriate points of contact with whom the SCJIC will communicate to form the information network commonly referred to as the Joint Information System (JIS). INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule B B-2 g. When requested and practicable, Participating Jurisdictions will deploy liaisons to the Spokane County FCC to enhance communication between the SCECC and the incident site(s). h. Upon determining that a disaster as defined by RCW 38.52.010(9a) has happened or is imminent, Participating Jurisdictions may, under the provisions of applicable code, initiate through the jurisdiction's appropriate authority a Proclamation of Emergency for their jurisdiction. Participating Jurisdictions will notify SCEM as soon as practicable of their intent to proclaim a disaster and provide SCEM with a copy of the proclamation as soon as practicable. 5. Coordinating Disaster Recovery Activities. SCEM and Participating Jurisdictions will coordinate their disaster recovery activities in order to endeavor to restore critical services and establish a new normal for the affected area(s) as quickly as possible. a. Participating Jurisdictions will be responsible for tracking and reporting activities potentially reimbursable by federal and/or state disaster assistance programs. Each participating jurisdiction remains responsible for the costs it incurs. b. In the aftermath of a disaster as defined by RCW 38.52.010(6), SCEM will initiate the transition of disaster response to disaster recovery. This includes implementingthe Spokane County Disaster Recovery Framework and establishing the Recovery Support Functions found therein. When requested, Participating Jurisdictions will identify points of contact to be integrated into this process. 6. Volunteer / Emergency Worker Management: SCEM will work in collaboration with Participating Jurisdictions to develop volunteer capabilities that augment Participating Jurisdictions' local disaster response efforts; specifically, Disaster Assistance Response Teams (DART) and/or the Spokane County Auxiliary Communications Service (ACS) a. Participating Jurisdictions will identify potential volunteers to affiliate with DART and/or ACS. b. Participating Jurisdictions acknowledge that using volunteers (as groups or individuals) for activities outside of the scope of their intended purpose and/or training places them outside of the scope of RCW 38.52.180, Chapter 118-04 WAC, and this Agreement. These volunteers cannot be afforded protection under the Washington State Emergency Workers Program; therefore, Participating Jurisdictions desiringto expand the use of volunteers beyond the scope established by SCEM are required to provide coverage in accordance with L&I Industrial Insurance regulations. 7. Outreach and Education: SCEM will work in conjunction with participating INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule B 8-3 jurisdictions to provide disaster-related outreach and education in order to improve overall community resilience. Participating Jurisdictions desiring presentations will make such requests made at least 60 days prior to the presentation. 8. SCEM Resources: SCEM maintains a number of resources that, when practicable, will be made available to Participating Jurisdictions. Requests for their deployment shall be made as early as possible to the SCEM Duty Officer or, when activated,the Spokane County ECC. • INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule B B-4 Schedule C Estimated 2021 Service Fees by Jurisdiction • Spokane County Emergency Management 2021 Estimate Total Salary & Benefits $314,307.00 Less Deputy Director S&B ($136,264.00) Local Salary& Benefits $178,143.00 M & 0 $41,525.00 Indirect Costs(21%) $46,131.00 Total Local Operating Costs $265,799.00 City/Town Population % Population 2021 Cost Estimate Airway Heights 10,010 0.0335 $8,897.89 Cheney 12,640 0.0423 $11,235.70 Deer Park 4,485 0.0150 $3,986.72 Liberty Lake 11,500 0.0385 $10,222.35 Medical Lake 5,040 0.0169 $4,480.06 Millwood 1,840 0.0062 $1,635.58 Spokane Valley 97,490 0.3261 $86,658.86 Fairfield 635 0.0021 $564.45 Latch 195 0.0007 $173.34 Rockford 495 0.0017 $440.01 Spangle 285 0.0010 $253.34 Waverly 135 0.0005 $120.00 Unincorporated 154,250 0.5159 $137,112.83 Total County Population 522,600 Less City of Spokane (223,600) Cost Share Population 299,000 • 0.888959866 1Source:Based on projected growth and the State of Washington,Office of Financial Management,April 1,2020 Estimates; http://www.ofm.wa.gov/pop/apri11/default.asp INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule C C-i Schedule D Description of Additional Emergency Management Services The County offers additional services that the Participating Jurisdiction may choose from in addition to the basic emergency management services described in Schedule A. If, during the course of this Agreement, a Participating Jurisdiction desires additional service(s)s as described below, the City/Town shall notify SCEM in writing as early as practicable prior to the delivery of the desired additional service(s).The cost and timing of the delivery of any Additional Service(s) shall be agreed upon by the Administrators of this Agreement. One half of the cost of additional service(s)shall be added to the quarterly invoice after the Participating Jurisdiction notifies SCEM and the remaining half shall be added to the quarterly invoice that follows the delivery of the additional service(s) 1. Planning: a. SCEM will provide technical assistance in order to develop a functional emergency operations plan or procedure. Examples of a functional plan include mass fatality plans and disaster debris management plans. Participating Jurisdiction elects this service: (initial) 2. Training and Exercise: a. SCEM will provide one jurisdiction-specific training opportunity. Participating Jurisdiction elects this service:_ (initial) b. SCEM will provide one jurisdiction-specific exercise opportunity. Scheduling this exercise shall occur at the annual TEPW. Participating Jurisdiction elects this service: (initial) c. SCEM will process Participating Jurisdiction's application for FEMA's Integrated Emergency Management Course. Participating Jurisdiction elects this service: (initial) INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule D D-1 3. Outreach and Education: a. SCEM will develop and promote a jurisdiction-specific outreach campaign. Participating Jurisdiction elects this service: (initial) 4. Communications Support: a. SCEM's Communications Officer will provide technical support to ensure interoperable radio communications; specifically, assist with the procurement and installation of compatiblecommunications hardware. Participating Jurisdiction elects this service: (initial) INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES—Schedule D D-2