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HomeMy WebLinkAbout07/15/2025 07.F. Resolution authorizing an Interlocal Agreement with Yakima Valley Office of Emergency Management to provide preparation and carrying out of plans for responding to and the protecting of persons and property within the City of Yakima r `y s ljlt i! s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: July 15, 2025 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima Valley Office of Emergency Management to provide preparation and carrying out of plans for responding to and the protecting of persons and property within the City of Yakima (General Fund) SUBMITTED BY: Aaron Markham, Fire Chief SUMMARY EXPLANATION: The City of Yakima and Yakima Valley Office of Emergency Management have concluded that through collaborative efforts and resource pooling, we can provide a robust Emergency Management function to our residents. By adoption of this resolution, council authorizes the City of Yakima to continue to be a part of the County consortium, previously approved by Resolution R-2017-126. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution 2025 ILA 34 RESOLUTION NO. R-2025- A RESOLUTION authorizing an Interlocal Agreement with Yakima Valley Office of Emergency Management to provide for the preparation and carrying out of plans in the event of a disaster, for the protection of persons and property within the City of Yakima. WHEREAS, Washington State RCW 38.52.070 provides for the establishment of a local organization for emergency services in which two or more political subdivisions may join for the establishment and operation thereof; and WHEREAS, the Board of County Commissioners of Yakima County, Washington and Mayors of incorporated cities and towns within Yakima County, Washington previously created the emergency services organization known as the Yakima Valley Office of Emergency Management, to which the City of Yakima was previously a member as represented by Resolution R2017-126; and WHEREAS, the City Council has now determined that it is in the best interests of the City of Yakima and its residents to remain a member of the Yakima Valley Office of Emergency Management in order to provide efficient and cooperative emergency management services to the City's residents, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor and the City Manager are hereby authorized and directed to sign the Interlocal Agreement entitled "Agreement for Yakima Valley Office of Emergency Management", attached hereto and incorporated herein by this reference. ADOPTED BY THE CITY COUNCIL this 15th day of July, 2025. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 1 35 AGREEMENT FOR YAKIMA VALLEY OFFICE OF EMERGENCY MANAGEMENT The Washington State RCW 38.52.070 provides for the establishment of a local organization for emergency management in which two or more political subdivisions may join for the establishment and operation thereof; and, WHEREAS, the Board of County Commissioners of Yakima County, Washington and the executive heads of incorporated cities and towns within Yakima County, Washington have agreed to the joint operation of the emergency management organization as provided by the RCW 38.52; and, WHEREAS, the declared purposes of this agreement are to provide for the preparation and carrying out of plans, including mock or practice drills, for responding to and the protecting of persons and property within this county in the event of a disaster or public safety incident, and to provide for the coordination of the emergency management functions of this county with other public agencies and affected private persons, corporations, and organizations; and, WHEREAS, any expenditures made in connection with such emergency management activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of Yakima County and its participating, incorporated cities and towns; and, WHEREAS, "emergency management" denotes the preparation for and the carrying out of emergency functions other than functions for which the military forces are primarily responsible, and the activities necessary or incidental to the preparation and for carrying out of these activities; now, therefore BE IT HEREBY AGREED as follows: OFFICE AND FUNDING (A) A joint local organization pursuant to RCW 38.52.070 for emergency services was created in 1984 (terminology then changed to emergency management),to be composed of Yakima County,Washington and its participating incorporated cities and towns, to be known as the "Yakima Valley Office of Emergency Management (YVOEM d/b/a Yakima Valley Emergency Management)" to be administrated by the Emergency Management Executive Board. (B) This joint organization shall continue its existence upon the approval of this agreement by the County Commissioners of Yakima County and the Council of any city or town. Thereafter any incorporated city or town may become a participating member upon the adoption of a resolution by its legislative body to that effect and agree to the provisions hereof and the deposit with the Emergency Services Director of Yakima Valley Emergency Management a duly executed copy of this agreement. (C) There is hereby established a special pooled fund to be administered by the Treasurer of Yakima County, which fund shall be known as the "Yakima Valley Office of Emergency Management Fund", into which shall be deposited funds received for the account of this joint organization and from which shall be paid all proper claims. The Emergency Services Director is empowered to authorize the payment of claims and expenses which are properly budgeted. The participating members' contributions to the Yakima Valley Office of Emergency Management Fund shall be based upon a per capita charge of that 36 portion of the Emergency Management Budget that is not reimbursed by the Federal Government through the State agency. The charges, determined by the Emergency Management Executive Board (EMEB), shall be payable by the 1st day of February of each calendar year, or made in four equal quarterly payments. The per capita charge shall be based on the latest official population estimates of the State Office of Financial Management. The cost of emergency functions above and beyond the permanent staff and facilities of the Yakima Valley Office of Emergency Management shall be borne by the participating subdivisions or members affected by such emergency and promptly remitted to the Yakima Valley Office of Emergency Management Fund, provided that the Emergency Services Director shall obtain approval from the executive head or his designee of the affected political subdivision prior to providing the services. In any case the EMEB cannot agree upon the proper division of cost, the matter shall be referred to by the State Emergency Management Council for arbitration; its decision shall be binding. (D) In the event of an emergency resulting in the necessity for carrying out of emergency functions for the preservation and protection of lives and/or property, participating subdivisions when requested by YVEM shall provide personnel support, resources, use and access to facilities, and properties under their ownership and/or use (to include any contracts or agreements) to facilitate response activities throughout Yakima County. (E) An annual budget shall be prepared by the Emergency Services Director and the Emergency Services Executive Board (EMEB) and presented to the entire Emergency Services Board (ESB) at the ESB annual meeting. The ESB may adopt the budget, and accompanying recommendation to each jurisdiction, by majority vote of the members present at the annual meeting. The EMEB shall review and approve proposed amendments to the annual agency budget including value(s) for contributed service(s), if any, and contracted Scopes of Work submitted by the Emergency Services Director. (F) The EMEB shall be required to vote on any charge assessed on a member jurisdiction other than the annual per-capita budget. Such charges are generally incurred during emergencies and not part of the annual budget process. (G) The YVOEM may enter into contracts, accept gifts, grants or loans of money, equipment or services from any lawful source and perform functions authorized by law to be performed by emergency management organizations. EMERGENCY MANAGEMENT ORGANIZATION Emergency Services Board (ESB) (A) Membership. In accordance with RCW 38.52.070, the Emergency Services Board shall consist of one (1) County Commissioner and the Mayors of each participating incorporated city and town. The County Commissioner selected to the ESB shall act as the Chair. The Emergency Services Director, who is an ex-officio non-voting member, shall act as the Vice Chair. (B) Quorum and Meetings. A majority of the members of the ESB shall constitute a quorum. Any meeting in which a budget is to be adopted or a financial obligation is to be assessed to a member thereof shall require a quorum. The ESB shall meet annually to review the Emergency Services Budget, organization, and plans. Meeting date and times will be published by the Emergency Services Director prior to the meeting. Other meetings of the ESB shall be called by 2 37 the Chair, Vice-Chair, or by a majority of the members of the ESB. Emergency meetings may be called by any ESB member. EMERGENCY MANAGEMENT EXECUTIVE BOARD(EMEB) Membership and positions. An executive board shall be formed consisting of one County Commissioner, the executive head or appointed representative from the member city/town with the largest population, and three executive heads or appointed representatives from other member cities/towns. The Emergency Services Director will be ex-officio, non-voting member of the board. Board Members and a Chairman will be elected at the first meeting of the year and will serve a two-year term. Members of the board shall select an alternate member(s) as stipulated by their jurisdiction's policy/protocols and notify YVOEM of their appointees. A list of board positions and their alternates will be kept in Appendix A of this document. (A) Powers and Duties. The EMEB shall assist the Emergency Services director in preparation of the duties described herein. The EMEB shall review and approve assessed per capita charge and annual budget, and organizational/strategic plans. The EMEB shall be responsible for approving the process of hiring the Emergency Services Director. The EMEB shall be responsible for making decisions on the termination of the Emergency Services Director. (B) Quorum and Meetings. The EMEB shall meet at least quarterly. A quorum of the EMEB shall be a simple majority of the voting members. Members shall be considered present at the meeting if calling in through video/audio conference calling. The meeting date and time will be published by the Emergency Services Director or designee prior to the meeting. Other meetings of the EMEB shall be called by the Chair,Vice-Chair, or by a majority of the members of the EMEB. Definitions: Executive Head: The county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor in those cities and towns with mayor-council or commission forms of government,where the mayor is directly elected, and it means the city manager in those cities and towns with council manager forms of government. Cities and towns may also designate an executive head for the purposes of this chapter by ordinance. (RCW 38.52.010) Chair: The chair shall preside over the meetings of the Board and has the full right to have one equal vote recorded in all deliberations of the Board. Secretary: The Yakima Valley Office of Emergency Management Financial Specialist shall keep a record of all meetings of the Board and those records shall remain the property of the Board and be retained at such office as the Board may direct. In the absence of the Secretary from any meeting, the YVOEM planner shall fill the position, or a Pro Tempore alternate shall be appointed by the chair. Emergency Services Director:The Emergency Services Director or designee shall lead all board meetings and is responsible for creating and disseminating an agenda for each Board meeting after consultation, as necessary, with the Chair and distributed by the Emergency Services Director within the minutes of 3 38 the preceding Board meeting, to be received by the Board members at least five working days prior to the scheduled meeting date. Yakima Country Emergency Services Director, POWERS, DUTIES,AND RESPONSBILITIES The Emergency Services Director shall be selected by a majority vote of the EMEB members present at the meeting. The Emergency Services Director shall be responsible for the coordination and development of overall emergency management planning and regular training exercises. To ensure that quality Emergency Services are delivered to the community, the Emergency Services Director shall report activities to the EMEB and ESB. (A) Subject to the direction of the EMEB, the Emergency Services Director is hereby empowered and directed: (1) To provide an emergency management operating plan for Yakima County and its participating cities and towns, conforming to the state emergency management plan and program. (2) Administer emergency management activities in mitigation, preparedness, response, and recovery from major emergencies and disasters. (3) Oversee preparation and implementation of the county's comprehensive emergency management plan, and hazard mitigation plan. (4) To coordinate the effort of the emergency management organization for the accomplishment of the purposes of this resolution. (5) To direct coordination and cooperation between divisions, services, and staff of the joint emergency management jurisdictions. (6) To present the emergency management organizations of these cities in dealings with public or private agencies pertaining to emergency management and disasters. (7) Conduct emergency operations exercises as may be required by law. (8) To keep and maintain an inventory of goods, supplies and equipment of Yakima Valley Office of Emergency Management or in its custody including federal excess property on loan to the department with said inventory to specify the location of each item listed thereon. (9) The Emergency Services Director will ensure that Emergency Services training meets the standard of care by overseeing the development of training and instruction to the providers. (10)The Emergency Services Director or designee may respond to Emergency Medical Service calls in accordance with their duty to act for incidents they come upon to evaluate and/or assist with patient care. They may also respond, upon notification or request, to large scale mass causality incidents to assist in filling incident command functions. (11) Upon request of the Incident Command the Emergency Services Director or designee will respond to public safety incidents to support Incident Commands or community needs. (B) In the event of a disaster,the Emergency Services Director and/or designee shall be empowered (1) To coordinate matters reasonably related to the protection of life and property as affected by such disaster. (2) To activate the emergency operations center, as needed for coordination. (3) To obtain vital supplies, equipment and such other resources as needed for the protection of life and property and response efforts for the communities within Yakima County and bind the participating members thereof and if required immediately, to commandeer the same for public use. 4 39 (4) To execute the special powers conferred upon the position by this agreement or by resolution adopted pursuant thereto, by powers conferred upon the position by statute, or by agreement approved by the ESB or other lawful authorities. (5) To request necessary personnel or material from any county, city or town department or agency. Officers and employees of these counties, cities, and towns with those paid and volunteer forces enroll to aid them during a disaster, and groups, organizations, and persons who, by agreement or operation of law may be charged with duties incident to the protection of life and property in these counties, cities, and towns during disaster, shall constitute the emergency management organization of the counties, cities, and towns. (6) Per RCW 38.52.070, The Emergency Services Director or his designee may enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. (7) To make emergency purchases in any amount following the guidance of Yakima County Resolution No. 328-2006 with approval from the Emergency Operations Center Executive/Policy Group. The Director will alert member jurisdictions and the board of any purchases in excess of the thresholds identified by the EMEB and YVOEM budget. SERVICES TO BE PROVIDED TO PARTICIPATING SUBDIVISIONS The Yakima Valley Office of Emergency Management shall provide service, equipment, and personnel to participating political subdivisions to assist them in effecting emergency operational plans and programs,to include the following: A. To provide an emergency management organization to coordinate operational activities and to minimize death, injury, and damages for periods before, during and after a natural disaster or human-caused disaster. B. To coordinate local emergency management planning with the federal government, State of Washington, neighboring counties, military organizations, and other support agencies. C. To provide for the effective utilization of resources within or from outside these jurisdictions to minimize the effects of disaster and to request assistance as needed through established emergency management channels, county to state,to federal. D. To recruit, register and identify personnel and to seek compensation coverage for volunteers who suffer injury or equipment loss as a result of emergency management duty. E. To establish and maintain training and public information programs. F. To identify protection for the population against all known hazards. G. To provide emergency disaster control and coordination through the Yakima Valley Office of Emergency Management. H. To develop a system for warning the general public, and to provide information and guidance to the general public. I. To provide support for search and rescue operations. J. To perform normal office procedures, correspondence, and inventories. DURATION This agreement shall remain in full force and effects from date of adoption by the Yakima County Board of Commissioners and each respective incorporated city or town within Yakima County. AGREEMENT UPDATES 5 40 YVOEM will be responsible for updating the terminology, responsibilities, and authorities of this agreement as needed and will review and re-adopt the agreement at the same time as the Comprehensive Emergency Management Plan update (every 5 years). WAC 118-30-40 requires a resolution adopting the Interlocal agreement for Emergency Management Services. Any written changes to this agreement shall be presented for approved and not effective until adopted by resolution by each participating member agency. WITHDRAWAL Any participating party to this agreement shall have the right to withdraw from this agreement by giving 180 days' notice in writing to the other parties. PROPERTY DISPOSAL UPON MEMBER WITHDRAWAL OR AGREEMENT CANCELLATION (A) No real property ownership or acquisition is anticipated. Property, for the purpose of this section, refers to personal property only. (B) Federal or state-owned properties shall be disbursed in accordance with appropriate federal or state guidelines. (C) Items loaned to the Yakima Valley Office of Emergency Management by a participating member shall be returned to that member upon that member's withdrawal from this agreement, upon this agreement's cancellation or upon the expirations of this agreement. (D) Items owned by the Yakima Valley Office of Emergency Management and financed through per capita quarterly billings of serving members, or through federal or state funding shall be dispensed of as follows: (1) Upon agreement of cancellation or expiration of the entire agreement, unspent funds shall be distributed on a current per capita basis to members. (2) Upon the withdrawal of any or all cities or towns, such city or town shall be refunded any funds unspent from the preceding per capita billings. Properties owned by the Yakima Valley Office of Emergency Management will remain with Yakima Valley Office of Emergency Management and shall not be subject to disbursement. FILING Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source. Yakima County and the following incorporated towns and cities are Equal Opportunity Employers. 6 41 Appendix A:Board Members,Alternates, &Positions ected Board ; - $ ," a :o°' '" Date Elected Board Chair I Kyle Curtis OPEN - Yakima County Commissioner Emergency Services Tony Miller Mike McMullen Y N/A Director Director of Emergency Services Planner Board Secretary Pamela Brooks Nicole Parpart N/A Financial Specialist Grant Specialist/Planner Board Position#1 Patricia Byers OPEN - _ Mayor, City of Yakima Board Position#2 _ Mayor, City of Selah OPEN - _ Board Position#3 Mayor, City of Zillah OPEN - Board Position#4 Yakima Sheriff's Office OPEN - Ray Lemoureux, Fire Chief AdHoc OPEN Fire Chief's Representative AdHoc Member of the Public OPEN 42 AGREEMENT FOR YAKIMA VALLEY OFFICE OF EMERGENCY MANAGEMENT IN WITNESS WHEREOF, the parties to the Agreement for Yakima Valley Office of Emergency Management by their respective proper officers duly authorized by respective resolutions of the governing bodies. This agreement is signed and executed this day of _, 2025. CITY OF GRANDVIEW CITY OF GRANGER TOWN OF HARRAH Mayor Mayor Mayor CITY OF MABTON CITY OF MOXEE TOWN OF NACHES Mayor Mayor Mayor CITY OF SELAH CITY OF SUNNYSIDE CITY OF TIETON Mayor Mayor Mayor CITY OF TOPPENISH CITY OF UNION GAP CITY OF WAPATO Mayor Mayor Mayor CITY OF YAKIMA CITY OF ZILLAH Mayor Mayor BOARD OF YAKIMA COUNTY COMMISSIONERS Chairman 8 43