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062-22 - Resolution - Amendment 1 to Contract with Kitsap County for EMSDocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D RESOLUTION NO.062-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO CONTRACT NO. 040- 12, AN INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES WITH KITSAP COUNTY AND THE CITIES OF BREMERTON, POULSBO, AND BAINBRIDGE ISLAND. WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52, the Emergency Management Act, authorizes and directs local jurisdictions to establish a local organization for emergency management and to maintain a local comprehensive emergency management plan; and WHEREAS, RCW Chapter 39.34, the Interlocal Cooperation Act, further empowers local agencies to work cooperatively to effectuate municipal purposes; and WHEREAS, the City's current Comprehensive Emergency Management Plan (CEMP), adopted by Ordinance No. 005-16, calls for a cooperative response with local jurisdictions for emergency response; and WHEREAS, on June 12, 2012, the City Council authorized the Mayor to execute Contract No. 040-12, an Interlocal Agreement for Emergency Management Services with Kitsap County and the cities of Bainbridge Island, Bremerton, and Poulsbo (the "Agreement"), to establish a program to manage emergencies or disasters, consistent with the CEMP; and WHEREAS, on November 26, 2019, the City Council authorized the Mayor to execute the First Amendment to the Agreement, modifying provisions and extending its term; and WHEREAS, since the execution of the Agreement as amended, the City and its partners have continued to work cooperatively to effectuate the purposes of the agreement, without cessation; and WHEREAS, the Second Amendment to the Agreement memorializes the continued dedication of the parties to the joint endeavor, and extends its term to ensure uninterrupted, cooperative emergency management; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the Mayor to execute the Second Amendment; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. DocuSign Envelope ID: 7F63122A-2046-46A0-BEDB-CDE51034086D Resolution No. 062-22 Page 2 of 8 THAT: The City Council approves of and authorizes the Mayor to execute Second Amendment to Contract No. 040-12 (KC 496-12B), attached hereto as Exhibit A and incorporated herein by this reference. THAT: The City Council approves of and ratifies all actions taken consistent with this authorization, including the execution of the Agreement and Amendment No. 1 thereto, which preceded the adoption of this resolution. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of June 2022. LDocuSigned by: �b�O p1�aoUn lat Robert Putaansuu, Mayor ATTEST: ,,,,,j11WFrr,),, ""}O?10 TOR"" C-. Qo6uSlgnod by- c ti.` Q op�POR�ar, ' �� s✓ tt!j Llt Brandy Wallace, MMC, City Clerk ,ter • • . DocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 KC 496-12B SECOND AMENDMENT INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES This Second Amendment ("Amendment") to the Interlocal Agreement for Emergency Management Services 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, which was amended by KC 496-12A (collectively "Agreement"); and WHEREAS, the parties desire to amend the Agreement to extend the term. NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as follows: Section 21(Tenn ). Section 21 of the Agreement is amended and replaced with the following: This agreement shall be perpetual unless terminated as provided in Section 22. 2. Effective Date. This Amendment shall be effective on November 24, 2020. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the Agreement, and any subsequent amendments, addenda, or modifications thereto, remain unchanged in full force and effect as to all parties. 4. 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. Should fewer than all named parties execute this Amendment, the Amendment shall be effective as between the Parties that have executed the Amendment to the same extent as if no other parties had been named. 5. 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. Signatures of Next Page Page 1 of 6 DocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 DATED this day of , 2022 ATTEST: DANA DANIELS, Clerk of the Board BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON EDWARD E. WOLFE, Chair ROBERT GELDER, Commissioner CHARLOTTE GARRIDO, Commissioner Page 2 of 6 DocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 DATED this day of , 2022 CITY OF BREMERTON GREG WHEELER, Mayor APPROVED AS TO FORM: ATTEST: KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk Page 3 of 6 DocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 DATED this 16 day of June ,. 2022 CITY OF PORT ORCHARD Ll7xu5lened by: I� Uf P4MJn.Suw ROBERT PUTAANSUU, Mayor APPROVED AS TO FORM: 00cuMgried by: y. CHARLOTTE ARCHER, City Attorney _ L aGa0.poRq �'.�pv_ SEALS. ATTEST: iDocuSipned by. . Uja WL BRANDY WALLACE, City Clerk Page 4 of 6 DocuSign Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 DATED this day of , 2022 CITY OF POULBSO BECKY ERICKSON, Mayor APPROVED AS TO FORM: ATTEST: ALEXIS FOSTER, City Attorney RHIANNON FERNANDEZ, City Clerk Page 5 of 6 DocuSlgn Envelope ID: 82DE8E77-CEC3-4804-98AD-4634372B76E3 DATED this _ day of , 2022 CITY OF BAINBRIDGE ISLAND APPROVED: BLAIR KING, City Manager APPROVED AS TO FORM: ATTEST: JOE LEVAN, City Attorney CHRISTINE BROWN, City Clerk Page 6 of 6