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ORD 86-29 EMERGENCY MANAGEMENT SERVICES0045.16009 WDT:jt 11/12/86 ORDINANCE NO. 86-29 AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT REGARDING EMERGENCY MANAGEMENT SERVICES IN KITSAP COUNTY. WHEREAS, the following ordinance is in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. into an interlocal The Mayor is hereby authorized to enter agreement regarding emergency management services in Kitsap County. The form of the agreement is attached to this ordinance as Exhibit A and incorporated herein as if set forth in full. Section 2. Joint Resolution No. 72-1985 passed by the City and county on May 7, 1975, is hereby repealed. Section 5. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. ATTEST/AUTHENTICATED: CITY CLERK, DONBNA JE}kN BUXTON APPROVED: MAYOR, ALICE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: November 13, 1986 PASSED BY THE CITY COUNCIL: November 20, 1986 PUBLISHED: November 26, 1986 EFFECTIVE DATE: December 1, 1986 ORDINANCE NO. 86-29 0045.16009 WDT:jt 11/12/86 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES WHEREAS, RCW 38.52, the Washington Emergency Management Act, empowers local governmental entities to establish a program to deal with emergencies and specifically authorizes two or more entities to join together to establish such a program; and WHEREAS, RCW 39.34, the Interlocal Cooperation Act, encourages joint programs and cooperation between governmental entities; and WHEREAS, Kitsap County and the Cities of Bremerton, Port Orchard, Poulsbo and Winslow desire to join together to establish a program to deal with disasters and emergencies, both natural and man-made; NOW, THEREFORE, the parties agree as follows: Section 1. Definitions. The following terms are defined as follows: a. Cities -- the Cities of Bremerton, Port Orchard, Poulsbo and Winslow. County. c. e. stances which: Council -- the Emergency Management Council of Kitsap County -- Kitsap County. Director -- the director of Emergency Organization. Emergency or disaster -- an event or set of circum- (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructivetess as to warrant the governor declaring a state of emergency pursuant to RCW 43.0S.010. f. Emergency Organization -- the Emergency Management Organization of Kitsap County. g. Emergency management -- the preparation for and the carrying out of all emergency functions, other than functions for which the 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 disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. h. Search and rescue -- the acts of searching for, rescuing. or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster. including instances involving searches for downed aircraft when ground personnel are used. Section 2. Organization established. The Emergency Management Organization of Kitsap County is hereby established. This organization is the successor to the Kitsap County Department of Emergency Management. Section 3. Duties of Emergency Organization. Emergency Organization shall provide emergency management to the residents of and on behalf of County and Cities. In addition Emergency Organization is. pursuant to RCW 38.52.070° designated as the local organization for emergency management for County and Cities. Emergency Organization is vested with emergency management power and authority to the maximum extent permitted by RCW 38.52. Section 4. Council established. The Emergency Management Council of Kitsap County is hereby established. Section 5. Control bV Council. The control. direction and management of Emergency Organization are hereby vested in Council. Section 6. Composition of Council. Council shall be composed of nine (9) persons as follows: (1) the three (3) county commissioners; (2) the mayor. city council president and an at-large council member of Bremerton; and (3) the mayors of Port Orchard. Poulsbo and Winslow. If one of the foregoing is unable to attend a meeting of Council. he or she may designate a substitute who shall be empowered to vote and participate in the proceedings. Section 7. Conduct of business by Council. a. Meetings. The business and other matters which come before Council shall be transacted at open. public meetings. Meetings may be scheduled at regular times or may be called only as necessary. Meetings may be called by Council's chairperson or vice-chairperson or by Director. b. Quorum. Five (5) members of Council shall constitute a quorum and business may be transacted by majority vote. c. Bylaws. Bylaws may be passed,.and amended by Council but shall require a two-thirds favorable vote. d. Election. At the first meeting of each calendar year Council shall elect one of its number chairperson and another vice chairperson. Each shall serve for the balance of the calendar year or until successors are elected. e. Minutes. Director or someone designated by him or her shall keep the minutes of all meetings. f. Rules. Council meetings shall be conducted in accordance with Robert's Rules of Order. Section 8. Appointment of Director. Council shall appoint a Director who shall organize. administrate and operate the Emergency Organization on a day-to-day basis. Director shall serve at the pleasure of Council. Section 9. Powers and duties of Director. Director shall: a. Implement the policies. programs and directires of Council in regard to emergency management= b. Make recommendations and reports to Council; c. Represent the emergency management program on behalf of Council in dealings with public and private entities; d. Organize. appoint and train volunteers and salaried employees needed to assist in the implementation of emergency management. e. Coordinate the local emergency management program with state. federal and other local programs= f. Develop an all-hazard emergency plan including procedures to be utilized in emergencies=.,_ g. Conduct studies and surveys of hazards and the resources available to deal with them: h. Develop mutual aid agreements for reciprocal emergency management aid and assistance. Section 10. Budget. a. Submittal. Prior to the expiration of each calendar year Director shall submit a proposed budget to Council for its recommendation. Thereafter the proposed budget. together with the recommendation of Council. shall be sumitted to County. b. Adoption. County shall adopt a budget each calendar year. Section 11. Funding. The annual budget amount of Emergency Organization not funded after receipt of grants or gifts shall be funded by assessments from County and Cities. The assessment amount for each city shall be that amount which is obtained when the population of that city is divided by the total population of County and that percentage is then multiplied by the budget amount. The assessment amount for County shall be that amount which is obtained when the population of the unincorporated portion of County is divided by the total population of County and that percentage is then multiplied by the budget amount. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the state department of health or other official source. Section 12. Fund established. Moneys received and collected on behalf of Emergency Organiza.t,~on shall be deposited in a fund known as the Kitsap County Emergency Management Fund maintained by County's treasurer. Expenditures by Emergency Organization shall be made from this fund. Section 13. Emer~encV declaration. a. Declaration. If the circumstances warrant Council may declare the existence of an emergency or disaster; Provided, if the circumstances are sufficiently exigent Director may declare the existence of an emergency or disaster if there is not sufficient time for Council to meet in person or by telephone: Provided further. if an emergency or disaster is declared by Director. Council shall meet with all dispatch to affirm or recind the declaration. b. Abatement. When a declared emergency or disaster has sufficiently abated. Council shall declare an end to the emergency or disaster. c. Use of government resources. If an emergency or disaster has been declared. Emergency Organization may utilize the services. equipment. supplies and facilities of the state and all governmental entities organized pursuant to state law. d. Impressment of citizens. If an emergency or disaster has been proclaimed by the governor. Emergency Organization may command the service and equipment of citizens. e. Rules and regulations. If an emergency or disaster has been declared. Council may make such rules and regulations necessary for the protection of life and property. Section 14. Compensation for emergency workers. Emergency workers or their dependents shall be compensated for injuries or death as provided in RCW 38.52 and WAC 118. Section 15. Liability. Liability for emergency management operations shall be as limited by RCW 38.52. Section 16. Compensation Board. The compensation board for Emergency Organization shall be composed of those indi- viduals as would a compensation board for a county pursuant to RCW 38.52.210(1). Section 17. Duties of County. County shall: a. Provide office space and related amenities for Emergency Organization: b. Set the salaries of Director and the salaried staff of Emergency Organization; c- Treat the Director and salaried staff as a County department, insofar as possible, with respect to such matters as auditing, accounting, fringe benefits and personnel policies. Section 18. Construction. This agreement shall be liberally construed to secure the public health, safety and welfare and the rule of strict construction shall have no application. Section 19. Severability. If any portion of this agreement or its application to any person or circumstance is held invalid, the remainder or application to other persons or circumstances shall not be affected. Section 20. Term. This agreement shall be of perpetual duration unless terminated as provided in Section 22. Section 21. Withdrawal. Any of the five (5) partici- pants of this joint emergency services program may withdraw from it by giving written notice of such to each of the other partici- pants no later than one hundred and twenty (120) days prior to the end of a calendar year; Provided, no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given the withdrawal shall be effective December 31 of the year such notice was given. Forthwith upon receipt of a notice of withdrawal, the remaining participants shall meet with repsect to the adjustments ~to the joint program necessitated by such witndrawal. Section 22. Effective date. This agreement shall become effective and the Emergency Organization shall commence existence when: a. County and Cities each enact an ordinance or authorize an agreement similar in substance to this; b. This agreement is approved by the director of the state department of emergency management. DATED this day of , 1986. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Chairman Commissioner - 8. - ATTEST: Commissioner JANET R. BANACH, Clerk of the Board ATTEST: CITy OF WINSLOW