HomeMy WebLinkAboutAmended Emergency Management Joint Powers AgreementAGREEMENT NO. 10878-2-19
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is effective this S4�day of
NOgtml.a.Y , 2019, by and between Ada County, a body politic and corporate
whose address is 200 W. Front St., Boise, Idaho 83702 ("Ada County"); Ada County Highway
District, a single county -wide highway district created pursuant to Idaho Code §§ 40-1401 et
seq., whose address is 3775 Adams St., Garden City, Idaho 83714 ("ACHD"); City of Boise, a
municipal corporation whose address is 150 N. Capitol Blvd., Boise, Idaho 83702 ("Boise");
City of Eagle, a municipal corporation whose address is 660 E. Civic Ln., Eagle, Idaho 83616
("Eagle"): City of Garden City, a municipal corporation whose address is 6015 Glenwood,
Garden City, Idaho 83714 ("Garden City"); City of Kuna, a municipal corporation whose
address is 751 W 4th St, Kuna, Idaho 83634 ("Kuna"); City of Meridian, a municipal corporation
whose address is 33 E. Broadway Ave., Meridian, Idaho 83642 ("Meridian"); and the City of
Star, a municipal corporation whose address is 10769 W. State Street, Star, Idaho 83669 ("Star")
(collectively referred to herein as the "Participants").
RECITALS:
A. Ada County is authorized by Idaho Code § 46-1009 to create an intergovernmental
agency responsible for disaster preparedness and coordination of response, and, for
that purpose, pursuant to this Agreement, Ada County has established the Ada County
Emergency Management and Community Resilience (EMCR) which is a separate and
independent department under the administration of Ada County.
B. The Participants desire to build and sustain regional core emergency management
capabilities by implementing strategies to address identified planning, organization,
equipment, training, and exercise needs to prevent, protect against, respond to, and
recover from natural, technical and other catastrophic events.
C. The Participants understand that emergency preparedness is not exclusive to any
single level of government or organization, but is best served by the combined
efforts of the whole community. As such, the Participants desire to partner with and
obtain advice and input from each other on emergency management priorities,
activities and funding, including, but not limited to resource allocations before, during
and after disasters. The Participants also recognize the need for a forum for the
technical aspects of expenditures to be researched, discussed, planned, and prioritized.
D. It is the desire of the Participants to adopt this Joint Powers Agreement to create the
Ada City -County Emergency Management Executive Council ("ACCEM") to
provide for emergency management programs and systems and to address areas of
technology, research, planning and prioritization of projects involving the use of
emergency management resources including, but not limited to federal grants.
E. All Participants will retain control over those matters not related to ACCEM or
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE I
AGREEMENT NO. 10878-2-19
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is effective this 2 AI" day of
, 2019, by and between Ada County, a body politic and corporate
whose address is 200 W. Front St., Boise, Idaho 83702 ("Ada County"); Ada County Highway
District, a single county -wide highway district created pursuant to Idaho Code §§ 40-1401 et
seq., whose address is 3775 Adams St., Garden City, Idaho 83714 ("ACHD"); City of Boise, a
municipal corporation whose address is 150 N. Capitol Blvd., Boise, Idaho 83702 ("Boise");
City of Eagle, a municipal corporation whose address is 660 E. Civic Ln., Eagle, Idaho 83616
("Eagle"); City of Garden City, a municipal corporation whose address is 6015 Glenwood,
Garden City, Idaho 83714 ("Garden City"); City of Kuna, a municipal corporation whose
address is 751 W 4th St, Kuna, Idaho 83634 ("Kuna"); City of Meridian, a municipal corporation
whose address is 33 E. Broadway Ave., Meridian, Idaho 83642 ("Meridian"); and the City of
Star, a municipal corporation whose address is 10769 W. State Street, Star, Idaho 83669 ("Star")
(collectively referred to herein as the "Participants").
RECITALS:
A. Ada County is authorized by Idaho Code § 46-1009 to create an intergovernmental
agency responsible for disaster preparedness and coordination of response, and, for
that purpose, pursuant to this Agreement, Ada County has established the Ada County
Emergency Management and Community Resilience (EMCR) which is a separate and
independent department under the administration of Ada County.
B. The Participants desire to build and sustain regional core emergency management
capabilities by implementing strategies to address identified planning, organization,
equipment, training, and exercise needs to prevent, protect against, respond to, and
recover from natural, technical and other catastrophic events.
C. The Participants understand that emergency preparedness is not exclusive to any
single level of government or organization, but is best served by the combined
efforts of the whole community. As such, the Participants desire to partner with and
obtain advice and input from each other on emergency management priorities,
activities and funding, including, but not limited to resource allocations before, during
and after disasters. The Participants also recognize the need for a forum for the
technical aspects of expenditures to be researched, discussed, planned, and prioritized.
D. It is the desire of the Participants to adopt this Joint Powers Agreement to create the
Ada City -County Emergency Management Executive Council ("ACCEM") to
provide for emergency management programs and systems and to address areas of
technology, research, planning and prioritization of projects involving the use of
emergency management resources including, but not limited to federal grants.
E. All Participants will retain control over those matters not related to ACCEM or
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 1
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT – PAGE 2
this Agreement, which retained control, may include, but is not limited to: budgeting,
personnel decisions, equipment, offices, payroll, day-to-day operations, and other
related matters not impairing the operation or functioning of ACCEM.
F. The Participants understand and agree, pursuant to Idaho Code § 46-1025, that federal
and state grants and funds awarded through the Idaho Department of Homeland Security
are distributed directly to counties for the purpose of assisting counties in achieving the
goals and objectives outlined in approved county grant proposals.
NOW, THEREFORE, in consideration of the foregoing recitals, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Participants
covenant and agree as follows:
1. Purpose. The purpose of this Agreement is for the Participants to jointly
identify, plan for, and assess hazards and risks affecting residents of all of Ada County,
including all of the geographical areas governed by each of the Participants; to guide future
preparedness efforts across all mission areas; and to set priorities for development of
regional core emergency management capabilities.
2. Ada City-County Emergency Management Executive Council. There is hereby
created ACCEM.
2.1 Membership. The members of ACCEM shall be comprised of one
representative from each Participant. The representative shall be an elected official from
each Participant, including the mayor of each incorporated city, the chairperson of the
Ada County Board of Commissioners and the President of the ACHD Board of
Commissioners. There shall be one additional representative each from Ada County
and Boise City. The additional representative from Ada County shall be an Ada
County Commissioner appointed by a resolution of the Ada County Board of
County Commissioners. The additional representative from Boise City shall be a
Boise City Councilperson appointed by a resolution of the Boise City Council.
These two additional representatives shall serve at the pleasure of the body that
appointed such representative. Each Participant’s representative may designate in
writing one alternate elected official to serve in his or her absence with the full
authority to act on his or her behalf in all matters before ACCEM.
2.2 Duties of ACCEM. ACCEM shall perform all actions reasonably
necessary to fulfill the responsibilities and obligations existing pursuant to Idaho Code
§ 46-1009. These duties shall include, but are not limited to:
2.2.1 Considering policy implications and determining future
preparedness priorities across all mission areas related to identified hazards
and risks affecting residents of Ada County;
2.2.2 Facilitating interactions among EMCR, the Technical Advisory
Group ("TAG"), the Local Emergency Planning Committee ("LEPC"), and all
Meridian City Council Meeting Agenda September 24, 2019 – Page 110 of 257
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT – PAGE 3
whole community stakeholders to create and validate plans, policies and
procedures governing emergency management and identifying core capability
needs through discussion and operations-based activities;
2.2.3 Facilitating sharing of specialized resources such as supplies,
equipment, facilities, and personnel with any Participant, or their various
public or private sector partners with emergency management missions,
through maintaining resource inventories and sharing agreements and
allowing use of grant-purchased equipment in support of emergency
management functions, consistent with existing and future mutual aid or
resource sharing agreements;
2.2.4 Enhancing emergency management coordination and
communication between government agencies, businesses and industry, and
volunteer agencies for both preparedness efforts and operational activities;
2.2.5 Promoting disaster recovery through a focus on the timely
restoration, strengthening, and revitalization of infrastructure, housing, and a
sustainable economy, as well as the health, social, cultural, historic, and
environmental fabric of Ada County;
2.2.6 Supporting an environment of coordinated and integrated all-
hazards comprehensive county-wide emergency management activities that
include joint planning, training, equipping, exercising, and evaluation of
capabilities;
2.2.7 Providing qualified individuals from within their jurisdictions to
serve as members of ACCEM committees;
2.2.8 Supporting inter-governmental plans that address roles and
responsibilities for all phases of emergency management, and after
consultation with the TAG and LEPC, making a recommendation to
Participants that such be adopted;
2.2.9 After consultation with the TAG and the LEPC, make
determinations regarding spending priorities for county-wide emergency
management;
2.2.10 Approving and submitting a budget to the Board for the
Membership Dues submitted by Participants for deposit in the Emergency
Management Fund.
2.3 Bylaws. ACCEM shall have the power and authority to make such
bylaws as may be necessary to its operation.
2.4 Committees. ACCEM may create such committees as may be
Meridian City Council Meeting Agenda September 24, 2019 – Page 111 of 257
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT – PAGE 4
necessary to its operation; provided however, that there shall be created a Technical
Advisory Group (“TAG”) and a Local Emergency Planning Committee (“LEPC”) with
such bylaws provided therefore as may be necessary for their operation.
2.5 Grant Funds. The Participants understand and agree that grant funds for
emergency management are provided to the County by the State of Idaho and that the
Board has oversight over the expenditure of the grant funds. The Participants further
understand and agree that county-wide emergency management requires cooperation and
meaningful review by all Participants to ensure that the use and expenditure of grant
funds are applied beneficially for all Participants. ACCEM, upon receipt and review of
recommendations from the TAG and/or LEPC, shall make recommendations to the
Board regarding the use and expenditure of all grant funds received by the County from
the Idaho Office of Emergency Management. The Board shall follow the
recommendations of ACCEM to the maximum extent possible and shall report back
to ACCEM those instances when the recommendations are not followed along with
a statement as to the reasons therefore. All Participants shall sign such sub-grant
agreements and liability waivers as are reasonably requested by Ada County for the
purposes of receiving grants funds. To the extent available, Participants may continue to
apply for grants for which they qualify on an individual basis.
3. Ada County Emergency Management and Community Resilience (EMCR).
EMCR shall operate as a separate and independent Department under the administration of the
Board. The primary mission of EMCR shall be to coordinate and integrate an all-hazard,
comprehensive, county-wide emergency management program on behalf of all Participants to
prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose
the greatest risk to the citizens and residents of Ada County.
3.1 Director of Emergency Management and Community Resilience.
The Director of Emergency Management and Community Resilience (the "Director")
shall be employed by Ada County; provided, however, that the Board shall consult
with ACCEM regarding all employment decisions the Board makes regarding the
Director, including, but not limited to, hiring, termination, and discipline. Should the
Director resign or be terminated, the Board shall appoint an interim Director to
discharge all the duties and exercise all the powers of the Director until the selection
of a permanent Director is made in consultation with ACCEM.
3.2 Director’s Duties. The Director shall be an ex officio, non-voting
member of ACCEM, shall attend all meetings of ACCEM, and shall perform such duties
for ACCEM as may be established by this Agreement and the Bylaws and as otherwise
assigned by ACCEM.
3.3 EMCR Employees. Ada County shall employ such EMCR staff
members payable out of the Emergency Management Fund as approved in its annual
ACCEM budget and shall be responsible for the payment of all staff wages, payroll
taxes, fringe benefits and other costs. Upon request, Ada County may provide the
services of EMCR employees to other Participants for the purpose of developing
Meridian City Council Meeting Agenda September 24, 2019 – Page 112 of 257
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT – PAGE 5
regional core emergency management capabilities.
3.4 Books and Records. Ada County shall maintain in compliance with
Idaho Code, books and records for the Emergency Management Fund which shall be
available for inspection and review by ACCEM at any time during business hours.
3.5 Fiscal Year. The fiscal or business year of the Board, Council and
EMCR shall begin on the first day of October and end on the last day of September.
3.6 Budget. The Director shall present a preliminary budget and
proposed membership dues to ACCEM for consideration and for subsequent
incorporation into each Participant's budgeting processes. A final budget will be
presented to ACCEM for approval no later than the 1st day of August of each fiscal
year. ACCEM shall submit a final recommended budget to the Board no later than
August 15th of each fiscal year.
4. Emergency Management Fund. There shall be deposited into the
Emergency Management Fund such property taxes, grants (as modified by section 4.2
below), Membership Dues, and such other funds as may be obtained by Ada County or
donated to it for the purposes set forth in Idaho Code § 46-1009 and such expenses shall be
allowed as may be appropriated in the annual budget for the Emergency Management Fund.
4.1 Membership Contributions. Each Participant shall pay annual
membership contributions in accordance with the terms contained herein to contribute
towards funding the ACCEM program ("Membership Contributions"). Payment (or non-
payment) of these funds by a participating municipality is not intended to enable or limit
that municipality’s ability to access ACCEM services (i.e., planning, organizing, training,
equipping, and exercising). Contributions are intended to provide members with voting
privileges and access to discussions where emergency management priorities are set for
Ada County. Membership contributions for Ada County and for each respective city
located within Ada County shall initially be equal to thirty-three cents ($0.33) per resident.
For purposes of calculating Membership Contributions, the number of residents located
within Ada County and within each respective city shall be determined annually by
ACCEM using the most current population estimates available to ACCEM. Membership
contributions payable by cities shall be determined by the number of residents in each city.
Membership contributions payable by Ada County shall include all of the residents inside
the geographical borders of Ada County (including cities) plus the number of residents in
unincorporated Ada County. Membership Contributions payable by Ada County Highway
District shall be $10,000.00 per year. Membership Contributions shall be due and payable
to the Emergency Management Fund in equal installments on a quarterly basis.
Membership Contributions may be adjusted annually by ACCEM.
4.2 Grants. Consistent with Section 2.5, Ada County shall apply for grants
to fund emergency management capabilities, personnel and operations. Such portions of
grants received by Ada County which shall be awarded to fund the programs, personnel
and operations of the ACCEM shall be deposited to the Emergency Management Fund.
Meridian City Council Meeting Agenda September 24, 2019 – Page 113 of 257
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT – PAGE 6
4.3 Expenses. Consistent with the approved budget, the costs and expenses
incurred by Ada County to house, employ staff, and operate the ACCEM program may
be assessed against the Emergency Management Fund as any other business expense.
5. Term of Agreement. The Term of this Amended Agreement shall be from the
date of the last party to sign to September 30, 2020. Each Participant may, solely at its
option, and when and if it duly budgets and appropriates funds therefore from revenues
legally available to it for the ensuing fiscal year, renew this Agreement for additional annual
Renewal Terms. Each annual renewal of this Agreement shall be deemed to be exercised by
the Participant upon the adoption by September 15 of any year, of a budget of the ensuing
fiscal year, duly budgeting and appropriating the amount of money required to make the
payments payable for the next fiscal year by the Participant pursuant to this Agreement.
Within ten (10) days following the adoption of a budget duly budgeting and appropriating
said funds of the ensuing year, the approving Participant shall deliver to the Chairman of
the Board a written statement certifying that it has duly budgeted and appropriated said funds
for the ensuing year, which written statement shall be accompanied by a copy of the budget so
adopted and a certified copy of the resolution or other official action of the Participant’s
governing board adopting said budget and appropriating said funds. The due appropriation
of funds as aforesaid shall constitute a valid and enforceable obligation of the Participant
for the payment of such funds for the purposes provided herein, and shall not be subject to
abatement for any cause. Each Renewal Term shall commence on October 1 of the fiscal
year following adoption of the budget as provided hereinabove and shall terminate on
September 30 of the following calendar year.
6. Withdrawal or Termination. Any Participant may withdraw from this joint powers
agreement at any time by resolution duly adopted by the Participant and upon written
notice to ACCEM; provided, however, no party shall be entitled to a refund of its
Membership Dues which have been paid. Upon such withdrawal, the withdrawing party shall
no longer be entitled to be a member of ACCEM and may not receive all of ACCEM's
benefits or services. In addition, ACCEM, upon the affirmative vote of two-thirds (2/3) of
its representatives, may terminate any party to this agreement for failure to pay its
Membership Dues within thirty (30) days of written demand for such dues.
7. Amendment. This Agreement may be amended only by a writing signed and
duly authorized by resolution of each Participant.
8. Counterparts. This Agreement may be executed in any number of counterparts and
once so executed by all parties thereto, each such counterpart shall be deemed to be an
original instrument but all such counterparts together shall constitute but one agreement.
9. Recitals and Exhibits. The recitals to this Agreement and any exhibit attached
hereto are incorporated herein by this reference as if set forth in full herein.
Meridian City Council Meeting Agenda September 24, 2019 – Page 114 of 257
IN WITNESS WHEREOF, this Agreement is executed effective as of the day and
year first above written.
ADA COUNTY CONIlIHSSIONERS
By:
Dated: I- 05-t9
Kendra Kenyon, Chair
ATTEST:
0
Bruce S. Wong, Director
David Bieter, Mayor
Phil McGrane, Ada County Cleft,'
by Trent Tripple, Chief Deputy
Dated:
ATTEST:
Dated:
ATTEST:
Lynda Lowry, City Clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 7
IN WITNESS WHEREOF, this Agreement is executed effective as of the day and
year first above written.
ADA COUNTY COMMISSIONERS
0
Kendra Kenyon, Chair
Bruce S. Wong, Director
CITY OF BOISE
Dated:
ATTEST:
Phil McGrane, Ada County Clerk
Dated:
ATTEST:
By. Dated: 10/22/19
Davi Teter, Vayor
ATTEST:
lyhffa Lowry, City -clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 7
Lm
Stan Ridgeway, Mayor
By: /� • s .�
jog Evans, Mayor
"ppw
m
Joe Stear, Mayor
Dated:
ATTEST:
Sharon Bergmann, City Clerk
ATTEST:
Dated:
ATTEST:
Chris Engels, City Clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 8
By:
Stan Ridgeway, Mayor
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John Evans, Mayor
Joe Stear, Mayor
Dated: 41—&)- l
ATTEST:
Sharon Bergmann, City Clerk
Dated:
ATTEST:
Lisa M. Leiby, City Clerk
Dated:
ATTEST:
Chris Engels, City Clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT PAGE 8
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Stan Ridgeway, Mayor
John Evans, Mayor
Dated:
ATTEST:
Sharon Bergmann, City Clerk
Dated:
ATTEST:
Lisa M. Leiby, City Clerk
By: f Dated:
Joe Stear, Mayor
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT— PAGE 8
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AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT— PAGE 8
CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
CITY OF STAR
Ln
Chad Bell, Mayor
Dated: q-7-14- U)lq
ATTEST:
Dated:
ATTEST:
Cathy Ward, City Clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT - PAGE 9
By: Dated:
Tammy de Weerd, Mayor
ATTEST:
Chris Johnson, City Clerk
Dated: — �'Ro /'�
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 9