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HomeMy WebLinkAbout010218_ca06Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Lynn Sterbenz, Director, Department of Emergency Management DATE:' Lkjm (y RE: (1) Retroactive and (1) New Interlocal Agreements with Homeland Security Region 2 Coordinating Council STATEMENT OF ISSUE: The Washington State Emergency Management Division is requiring Region 2 Homeland Security Coordinating Council (Kitsap, Clallam and Jefferson Counties) to more adequately delineate the management, administration and funding procedures of the Council and the Homeland Security Grant Program. Through two Interlocal Agreements, we will first appropriately document the HSGP grants Jefferson County received through this Council since 2008; and second, amend the process for future HSGP grant agreements (beginning with FYI 7) to be entered into directly between the State EMD and each of the recipient counties of the Region (Jefferson County). ANALYSIS: This will appropriately document the grant funding process to the way it should have been since 2008, to the manner in which it is conducted in other Regions; and streamline the future process to establish grant agreements directly between Counties and the State EMD, relinquishing the HLS R2 Coordinating Council of that particular responsibility. FISCAL IMPACT: None. In fact, additional Regional grant funds may be available to each of the three counties as a result of the Coordinating county not being responsible for managing individual grant agreements. RECOMMENDATION: Approval. Clallam and Kitsap Counties Legal Departments have already reviewed and these ILA's are before their Commissioners as well. DEPARTMENT CONTACT: Lynn Sterbenz (360) 316-6008 REVIEWED BY: l clip Morley, Co my Administra Date WASHINGTON STATE HOMELAND SECURITY REGION 2 COORDINATING COUNCIL INTERLOCAL AGREEMENT Between Jefferson County and Kitsap County THIS AGREEMENT is between Jefferson County, a municipal corporation, and Kitsap County, a municipal corporation, all in the State of Washington, and both representing entities on the Washington State Homeland Security Region 2 Coordinating Council. WHEREAS, annually since 2003, Kitsap County Department of Emergency Management has entered into contracts with Washington State Military Department for funding to implement investments that build, sustain, and deliver the core capabilities essential to achieving the National Preparedness Goal of a secure and resilient nation for Washington State Homeland Security Region 2 and to; 1. Develop Region 2 Homeland Security Regional Council consisting of representation from other county, city and tribal emergency management offices, responder disciplines and other appropriate entities within the region; 2. Assist in the updating and/or development of all -hazard Emergency Operations Plans (EOPs) as appropriate to include provisions for terrorism and weapons of mass destruction, in accordance with Federal Emergency Management Agency (FEMA) requirements, for each county, city and tribe designated as independent emergency management entities within the Region. Rather than developing and publishing a separate EOP, tribes, cities and towns may elect to be included in the EOP of the county in which they reside; 3. Assist, through planning grants, the updating and/or development of local hazard and risk assessments or Hazard Identification and Vulnerability Analyses (HIVA) to determine emergency management planning priorities relative to the EOP process; 4. Develop a strategy for implementation of written inter -and intra -regional mutual aid agreements and maintain an index of established agreements; 5. Participate in state and regional planning efforts; 6. Coordinate planning and integrate Emergency Operations Center (EOC) assessments and future upgrade needs and initiatives; 7. Increase the region's ability to respond to all hazards; and WHEREAS, the Department of Homeland Security, Office for Domestic Preparedness (ODP), encourages regional cooperation in homeland security and Jefferson County is a participating member of Region 2 Homeland Security Regional Council and therefore eligible for funding as a subrecipient; and WHEREAS, Jefferson County has requested funding assistance to enhance homeland security efforts in Jefferson County; and WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, further authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF WORK. The purpose of this agreement is to acknowledge the parties' mutual interest to enhance homeland security efforts and prepare for all hazards as set forth in Attachment A, Scope of Work. 2. TERMS AND CONDITIONS. All rights and obligations of the parties to this Agreement shall be subject to and governed by the Terms and Conditions contained in the text of this Interlocal Agreement, and as may be attached and incorporated herein. Both parties agree to comply with the terms and conditions of each of the Homeland Security Grant Agreements between Kitsap County and the Washington State Military Department set forth in Attachment A. 3. PERIOD OF PERFORMANCE. Subject to its other provisions, the period of performance of this Agreement shall commence on May 1, 2008, and terminate on December 31, 2018, or until terminated by either party in writing. 4. REIMBURSEMENT AND PAYMENT. Terrorism grants through Washington State to the regions are fixed price, reimbursement agreements. Within the total grant amount, travel, subcontracts, salaries and wages, benefits, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this agreement. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category, except for the equipment line item in excess of 10% or $100, whichever is greater, will not be reimbursed without the prior written authorization of Kitsap County Department of Emergency Management, Region 2 Homeland Security Coordinating Agency. Increases to the equipment line item require written approval of Kitsap County Department of Emergency Management, Region 2 Homeland Security Coordinating Agency. Budget categories are as specified or defined in the budget sheet of this agreement. 5. FUNDING. Funding for this grant shall not exceed the specified amount in each grant and shall be amended as new grants are awarded to the region and its participating membership as set forth in the work plan for each of the Homeland Security Grant Agreements between Kitsap County and the Washington State Military Department. Funding is set forth in Attachment A. 6. BILLING PROCEDURE. Quarterly invoices must be submitted within 15 days following the end of the quarter in which the work was performed. Final invoice shall not exceed overall grant amount. Each grant will specify the date all work must end, however the subrecipient has up to 30 days after the expiration date to submit all final billing. 7. EQUIPMENT. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in Jefferson County's inventory system. 8. REPORTS. A semi-annual report is due within 30 days following the end of the six-month period in which the work was performed. A final report is due with the final billing. 9. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party accepts responsibility for compliance with federal, state or local laws and regulations. 10. FILING. Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 11. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: Kitsap County: Michael Gordon, Director Jefferson County: Lynn Sterbenz, Director Kitsap Co. Dept. of Emergency Management Jefferson Co. Dept. of Emergency nagement 911 Carver Street 81 Elkins Road Bremerton, WA 98312-4300 Port Hadlock, WA 98339 (360) 307-5873 (360) 385-9368 12. NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 13. INDEMNIFICATION. It is the intent of the parties to his Agreement to be responsible for their own acts, errors, and/or omissions. To the extent permitted by law, each party to this Agreement shall defend, indemnify, and hold harmless, the other party from and against all claims, suits, causes of actions, judgments, or costs/damages of any nature (including cost of defense and attorney fees) that arise from any intentional or negligent act or omission of the indemnifying party's officers, employees, agents, or authorized subcontractors, while performing any acts or activities authorized by this Agreement. Solely for the purposes of this provision, the parties agree to waive their immunity under Title 51 of the Revised Code of Washington and acknowledge that this waiver was mutually negotiated by the parties. 14. AMENDMENTS. This Agreement may only be modified by a written agreement signed by the parties' executive authorities. 15. SEVERABILITY. Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provision. 16. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. IN WITNESS WHEREOF, this agreement is signed by the parties this _ day of , 2017. Dated this _ day of BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON KATHLEEN KLER, Chair DAVID SULLIVAN, Member KATE DEAN, Member A roved � to rm: e ` Date: / _ Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attdrney Jefferson County Prosecuting Attorney's Office 2017. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHARLOTTE GARRIDO, Chair EDWARD E. WOLFE, Commissioner ROBERT GELDER, Commissioner Attachment A SCOPE OF WORK The Scope of Work for this agreement pertains to requirements associated with Homeland Security Grant Program funding. Jefferson County has received grant funding in each of the Homeland Security Grant Agreements between Kitsap County and the Washington State Military Department as listed below. Each of these contracts has requirements that remain in effect beyond the end date of the contract. These requirements primarily concern accountability and disposition of equipment purchased with grant funding. For contracts that are no longer in effect, Jefferson County agrees to observe these on-going requirements. For contracts that are in effect at the time of this agreement, Jefferson County agrees to observe all requirements associated with receipt of funding from the Homeland Security Grant Program. State Contract Number Kitsap County Contract Number Amount (for entire region) Start Date End Date E09-137 KC -469-08 $885,081.00 9/1/2008 2/28/2011 E10-102 KC -524-09 $813,935.00 8/1/2009 7/31/2012 K692 (OFM) KC -054-10 $24,729.00 12/15/2011 E11-107 KC -409-10 $835,810.00 8/1/2010 7/31/2013 E11-281 KC -245-11 $3,426.00 9/1/2008 8/31/2011 K856 (OFM) KC -141-11 $14,673.00 2/28/2011 2/28/2013 E12-178 KC -565-11 $417,905.00 9/1/2011 7/31/2014 K1033 KC -145-12 $9,386.00 5/9/2012 6/15/2014 E13-143 KC -005-13 $204,930.00 9/1/2012 2/28/2015 E14-157 KC -390-13 $258,858.00 9/1/2013 8/31/2016 E15-079 KC -295-14 $297,682.00 9/1/2014 8/31/2016 E16-050 KC -320-15 $297,682.00 9/1/2015 8/31/2017 E17-063 KC -462-16 $297,682.00 9/1/2016 8/31/2018