040-12 - Kitsap County - Contract Amendment 1KC 496-12A
FIRST AMENDMENT
INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES
This First Amendment ("Amendment") to the Interlocal Agreement for Emergency Management
Services ("ILA") is entered by and among Kitsap County ("County") and the Cities of Bremerton,
Port Orchard, Poulsbo, and Bainbridge Island.
WHEREAS, the parties previously executed an Interlocal Agreement for Emergency Management
Services, KC 496-12.
WHEREAS, the City of Bainbridge Island has since established and is operating an independent local
organization for emergency management in accordance with the state comprehensive emergency
management plan and program pursuant to RCW 35.52.070, rather than continuing as a participating
party of the joint local organization for emergency management (Kitsap County Department of
Emergency Management).
WHEREAS, the City of Bainbridge Island is requesting that the Kitsap County Department of
Emergency Management and Kitsap County Department of Emergency Management Council
("Council") continue to function in a support capacity for the Bainbridge Island Emergency
Management Program and accordingly is to remain a member of the Council as identified in this
Amendment.
WHEREAS, the parties desire to amend the ILA to reflect the change in roles, responsibilities, and
funding.
NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as
follows:
1. Section 3 (Powers and Duties of the Department of Emergency Management) of the ILA is
amended and replaced with the following:
Section 3. Powers and Duties of the Department of Emer enc Management.
The Department of Emergency Management shall provide emergency management
services and programs to the residents of, and on behalf of, the County and the City of
Bremerton, the City of Poulsbo, and the City of Port Orchard. In addition, the Department
of Emergency Management, pursuant to RCW 38.52.070, is designated as the local
emergency management organization for the County and the City of Bremerton, the City
of Poulsbo, and the City of Port Orchard and is vested with emergency management
powers and authority to the maximum extent permitted by RCW 3 8.52. The Department of
Emergency Management will function as programmatic support for the City of Bainbridge
Island's Emergency Management Program.
2. Section 6 (Composition of Council) paragraph (a) of the ILA is amended and replaced with
the following:
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Section 6. Composition of Council
a. The Council shall be composed of the following five persons or their designee:
1.One (1) county commissioner;
2. The mayors of Bremerton, Port Orchard, Poulsbo, and Bainbridge Island.
3. Section 9 (Powers and Duties of Director) of the ILA is amended to exclude the City of
Bainbridge Island from receipt of the services identified in paragraphs (c), (d), (f), and (g).
4. Section 9 (Powers and Duties of Director) paragraph (e) of the ILA is amended and replaced
with the following:
Coordinate the local emergency management program(s) with state, federal, and other local
programs, if applicable.
5. Section 11 (Funding) of the ILA is amended and replaced with the following:
Fundin .
The budget for the Kitsap County Department of Emergency Management that is not
funded after receipt of contributions (i.e., from the City of Bainbridge Island), grants, or
gifts shall be funded by assessments made in accordance with this section. The assessment
amount for each city participating in the joint local organization for emergency management
(i.e., the City of Bremerton, the City of Port Orchard, and the City of Poulsbo) shall be based
upon a per capita charge. In calculating the per capita charge, the population of each city
participating in the joint local organization for emergency management (numerator) is
divided by the total population of the County (denominator) and that percentage is then
multiplied by the total amount required for the following year's budget that does not
include grant funding. The assessment amount for the County shall be that amount which
is obtained when the population of the unincorporated portion of the County is divided by
the total population of the County and that percentage is then multiplied by the budget
amount that does not include grant funding. Population figures utilized shall be the latest
figures available from the Bureau of Census as updated periodically by the Washington
State Office of Financial Management (OFM). Assessments shall be paid on an annual
basis and will include an additional annually agreed amount to be deposited in the
department of emergency management contingency fund which will be paid pro rata by
the County, the City of Bremerton, the City of Port Orchard, and the City of Poulsbo
consistent with the calculations in this paragraph. The population of the City of Bainbridge
Island will not be included in the calculations in this paragraph.
The City of Bainbridge Island will provide a contribution of $10,000 to the Kitsap County
Department of Emergency Management for 2019, and $22,000 annually thereafter to be
distributed as deemed appropriate by the Department of Emergency Management.
6. Section 12 (Fund Established) of the ILA is amended and replaced with the following
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Funds Established. Moneys received and collected on behalf of the Department of
Emergency Management shall be deposited in the Kitsap County Department of
Emergency Management Fund and a Kitsap County Department of Emergency
Management Contingency Fund as provided in Section 11. Both funds will be maintained
by the County Treasurer.
The Kitsap County Emergency Management Fund is intended to supplement the
Department of Emergency Management costs in the event of the issuance of a Kitsap
County Emergency Management declaration or proclamation.
Section 21 (Term) of the ILA is amended and replaced with the following:
Term. This ILA will remain in effect for twelve (12) months from the effective date of this
Amendment and may be extended or returned for consecutive annual terms.
Section 22 (Withdrawal) of the ILA is amended and replaced with the following:
Withdrawal. Any party to this Interlocal Agreement for Emergency Management Services
may withdraw by giving written notice of such to each of the other participants 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 st ofthe year such notice was
given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon
as possible thereafter to determine whether there needs to be adjustments or amendments
to the Interlocal Agreement for Emergency Management Services and/or County
ordinances necessitated by such withdrawal.
9. Effective Date. This Amendment shall be effective as provided in Section 23 of the ILA.
10. Terms Unchan ed. Except as expressly provided in this Amendment, all other terms and
conditions of the ILA, and any subsequent amendments, addenda or modifications thereto,
remain unchanged in full force and effect as to all parties.
11. Counterparts. This Amendment may be executed in any number of counterparts, all such
counterparts shall be deemed to constitute one and the same instrument, with each counterpart
deemed an original. In the event that fewer than all named parties execute this Amendment,
the Amendment, when filed as provided herein, shall be effective as between the Parties that
have executed the Amendment to the same extent as if no other parties had been named.
12. SeverabilitY. The provisions of this Amendment are severable. Any term or condition of this
Amendment or application thereof deemed to be illegal, invalid or unenforceable, in whole or
in part, shall not affect any other term or condition of the Amendment and the Parties' rights
and obligations will be construed and enforced as if the Amendment did not contain the
particular provision.
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APPROVED AND EXECUTED this 11 day ofotlt t460t, 2419
m' :M
ATTEST:
DANA DANIELS, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
ioe�g U�#
EDNIVARD E. WOLFE, 4judr
CHARLOTTE GARRIDO, Commissioner
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APPROVED AND EXECUTED this 26 day of November , 2019
CITY OF PORT ORCHARD
APPROVED: ,,j k 14 1111111r,j,j,;:
ROBERT PUTAANSUU, Mayor - t'•, a ' �'=
APPROVED AS TO FORM: ATTEST:
n 6ates City Attorney Brandy inearson , City Clerk
Page 5 of 8
APPROVED AND EXECUTED this 'Z'Oday of. 1V OVC vj%6 , 2 019
CITY OF POULBSO
APPROVED:
BECKY E KSON, Mayor
APPROVED AS TO FORM:
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cj wv�►-��q,, City A y
ATTEST:
R o►. , City Clerk
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Page 6 of 8
APPROVED AND EXECUTED this to day of �„rn , 2019
CITY OF BAINBRIDGE ISLAND
APPROVED:
1---y4 9XA�
MORG SMITH, City Manager
APPROVED AS TO FORM:
Joe L an, i y Attorney
ATTEST:
Christine Brown, City Clerk
Page 7 of 7
APPROVED AND EXECUTED this 1 $44%- day of F-t � fga I CE _, 2020.
CITY OF BREMERTON
APPROVED:
GREqVHEELER, Mayor
APPROVED AS TO FORM:
ROGER L BOVICH, City Attorney
ATTEST:
ANGELA HOOVER, City Clerk