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HomeMy WebLinkAboutEmergency Management Joint Powers Agreement with various agencies for Emergency Protections ~.- EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT is entered into this 6th day of December, 2004 by and between Ada County, a body politic and corporate whose address is 200 W. Front St., Boise, ID 83702 ("Ada County"); Ada County Highway District, a single county-wide highway district created pursuant to Idaho Code Section 40-1401 et seq., whose address is 3775 Adams St., Garden City, ID 83714 ("ACRD"); City of Boise, a municipal corporation whose address is 150 N. Capitol Blvd., Boise, ID 83702 ("Boise"); City of Eagle, a municipal corporation whose address is 310 E. State St., Eagle, ID 83616 ("Eagle"); City of Garden City, a municipal corporation whose address is 6015 Glenwood, Garden City, ID 83714 ("Garden City"); City of Kuna, a municipal corporation whose address is 231 N. Kay Ave., Kuna, ID 83634 ("Kuna"); City of Meridian, a municipal corporation whose address is 33 E. Idaho, Meridian, ID 83642 ("Meridian"); and the City of Star, a municipal corporation whose address is 11525 Highway 44, Star, ID 83669 ("Star"). Ada County, ACRD, Boise, Eagle, Garden City, Kuna, Meridian, and Star maybe collectively referred to herein as the "Participants."' RECITALS A. The Ada City-County Emergency Management ("ACCEM") program provides emergency and disaster mitigation, preparedness, response and recovery services to the Participants. B. The ACCEM program has been operated by the Community Planning Association of Southwest Idaho ("COMPASS"), a nonprofit, unincorporated association comprised of cities and other governmental entities in southwest Idaho charged with preparing, overseeing and recommending planning and regulatory matters related to air quality, transportation, land use resources, water, operations and other similar region- wide issues. C. The parties desire to enter into this joint powers agreement to establish the terms and conditions by which Ada County will assume the responsibility for the administration and operation of the ACCEM program for and on behalf of the Participants. NOW, THEREFORE, in consideration of the foregoing recitals, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. ACCEM Administration. The ACCEM program shall operate as a separate and independent department under the administration of Ada County and ,shall be governed by an executive council established pursuant to the terms and conditions of this joint powers agreement. ACCEM JOINT POWERS AGREEMENT -1- 2. Executive Council. ACCEM shall be governed by an executive council comprised of one representative from the Ada County Highway District and from each of the cities of Eagle, Garden City, Kuna, Meridian, and Star and two representatives each from Boise and Ada County (the "Council"). Such representative shall be the senior elected official of each Participant, including the mayor of each incorporated city, the chairperson of the Ada County Board of Commissioners and the President of the ACRD. 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 the Boise City shall be a Boise City Councilperson appointed by a resolution of the Boise City Council. The two additional representatives shall serve at the pleasure of the body that appointed such representative. Each representative may designate in writing one alternate to serve in his or her absence with the full authority to act on his or her behalf in all matters before the Council. The Emergency Management Director (as defined in Section 2.11) shall be an ex officio, non-voting representative on the Council and shall attend all meetings of the Council as the chief staff representative. The Emergency Management Director shall be responsible for recording of the minutes of all proceedings in books to be kept for that purpose. The Emergency Management Director shall cause to be given notice of meetings of the Council in accordance with the Idaho Open Meetings Act and the rules and procedures established by the Council, whether special or regular, and shall fulfill such further duties as shall from time to time be prescribed by the Council. 2.1 Place of Meetings. Regular and special meetings of the Council shall be held at a time and place which the Council may, by a simple majority vote, order or direct. All business which the Council is authorized and empowered to take up at such a meeting may be transacted without further or special notice. 2.2 Regular Meetings. Regular meetings of the Council shall be held quarterly or on such date and on such time as designated by a majority vote of the Council. 2.3 Special Meetings. Any two representatives may call special meetings of the Council at any time by serving notice upon the Chairperson of the Council. 2.4 Notice of Meetings. All regular and special meetings of the Council shall be called at least forty-eight (48) hours in advance of the proposed meeting except where such notice is waived by all representatives on the Council or in cases of emergency. 2.5 Quorum. A quorum, shall consist of a maj ority of all voting representatives of the Council. Once a member of the Council is present or represented for any purpose at a meeting, he or she is deemed present for quorum purposes for the remainder of the meeting. ACCEM JOINT POWERS AGREEMENT -2- 2.6 Officers. A Chairperson shall preside at all meetings of the Council. In the absence of a Chairperson a Vice Chairperson shall preside. In the absence of a Vice Chairperson, the Council shall select a temporary Chairperson for the meeting. The Emergency Management Director shall provide for a recording secretary at all meetings of the Council. The Council shall have the,power to select its Chairperson, Vice Chairperson and other officers from time to time in accordance with the governing rules and procedures established by the Council. 2.7 Order of Business. At all meetings of the Council the following order of business shall be observed, so far as is consistent and convenient with the purposes of the meeting: Calling the roll to determine those representatives present; Approval of minutes of previous meeting; Reports of officers; Reports of committees; Unfinished business; New business; Election of officers, when appropriate; and Miscellaneous business. 2.8 Voting. Each regular representative on the Council in attendance at a duly called Council meeting shall be entitled to one vote. Unless otherwise specifically indicated by this joint powers agreement, all matters before the Council shall be disposed of by a simple majority vote of all representatives of the Council present at such meeting, provided that a quorum has been established. 2.9 Robert's Rules of Order. The Council shall utilize the most recent edition of Robert's Rules of Order, Newly Revised, in the conduct of all meetings, except as herein provided. 2.10 Officers. The Chairperson and Vice Chairperson of the Council shall be chosen by a majority vote of the Council's representatives and such officers shall retain their voting privileges while holding office. The election of officers shall be held on the first meeting of the calendar year, and the officers. then elected shall hold office until the next regular election of officers. 2.11 Emergency Management Director. An Emergency Management ACCEM JOINT POWERS AGREEMENT -3- Director (the "Director") shall be employed by Ada County: provided, however, that the Ada County Board Of County Commissioners shall consult with the Council regarding all employment decisions, including, but not limited to, hiring, termination, compensation, and discipline. Should the Director resign or be terminated, the Ada County Board Of County Commissioners 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 the Council. 2.11 Removal of, Chairperson, or Vice Chairperson. The affirmative vote of a majority of the Council representatives shall be required to remove the Chairperson or Vice Chairperson. A removed officer who is a member of the Council shall continue on the Council and retain full voting privileges thereon. 2.12 Chairperson. The Chairperson shall be the chief executive officer of the Council. The Chairperson shall preside over all meetings of the Council, and shall see that all orders and resolutions of the Council are carried into effect, subject, however, to the right of the Council to delegate any specific powers or authority. 2.13 Vice Chairperson. The Vice Chairperson shall perform the duties and exercise the powers of the Chairperson in case of the Chairperson's illness, disability or temporary absence and shall perform such other duties as are granted or imposed by the Council. 2.14 Delegation of Powers to Other Officers. The Council may delegate any of the powers and duties appropriate to the functioning of the Council to any other officer, employee, or agent of the Council. 2.15 Books and Records. Ada County shall maintain separate books and records for ACCEM which shall be available for inspection and review by the Council at any time during business hours. 2.16 Fiscal Year. The fiscal or business year of the Council shall begin on the first day of October and end on the last day of September. 2.17 Budget. By April 1 of each year, the Director shall present a preliminary budget to the Council for consideration and for subsequent incorporation into each Participant's budgeting process. A final budget will be presented annually to the Council for approval no later than the regular August meeting. 3. Powers. The Council shall have the power and authority to perform all actions for which it has budget resources which are reasonably necessary to fulfill the responsibilities and obligations existing pursuant to Idaho Code Section 46-1009, including without limitation, the responsibility to mitigate, prepare for, respond to, and recover from disasters and emergencies by: ACCEM JOINT POWERS AGREEMENT -4- 3.1 Identifying hazards and risk that may affect residents of Ada County; 3.2 Maintaining an inventory of specialized resources such as supplies, equipment, facilities, and personnel; 3.3 Developing intergovernmental emergency response plans that address roles and responsibilities during emergencies and disasters; 3.4 Ensuring coordination and communication between government agencies, business and industry, and volunteer agencies; and 3.5 Providing public education and information on personal safety, disaster preparedness and hazards in Ada County. These powers shall include, but shall not be limited to, the power to establish an emergency response plan, prepare budgets, authorize expenditures from ACCEM accounts, establish guidelines and make other recommendations related to disasters and emergencies, establish committees, obtain grants .and perform all other functions reasonably necessary to respond to, and recover from disasters and emergencies. 4. Funding. Each Participant shall pay annual membership dues in accordance with the terms contained herein to fund the ACCEM program. Membership dues for Ada County and each respective city located within Ada County shall initially be equal to thirty-three cents ($ .33) per resident ("Membership Dues"). Membership Dues shall be due and payable in installments on a quarterly basis. The initial, uniform per resident assessment identified in this section maybe adjusted annually by the Council. For purposes of calculating Membership Dues, the number of residents located within Ada County and each respective city shall be determined annually by the Council using the most current population estimates available to the Council. Residents of cities in Ada County shall be counted as residents of Ada County when determining the number of Ada County residents for dues purposes. Membership Dues payable by Ada County Highway District shall be fixed and shall be equal to $10,000.00 per year. The costs and expenses incurred by Ada County to house, employ staff and operate the ACCEM program maybe assessed against the ACCEM budget as any other business expense. 5. ACCEM Employees. Ada County shall employ all ACCEM staff members and shall be responsible for the payment of all ACCEM staff wages, payroll taxes, fringe benefits and other costs customarily associated with Ada County employees. All ACCEM employees, including the Director shall be governed by Ada County personnel ordinances. 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 the Council; provided, however, no party shall be entitled to a refund of its Membership Dues which have been paid. In addition, a Participant shall be ACCEM JOINT POWERS AGREEMENT -5- :1 obligated to pay its Membership Dues for the upcoming fiscal year unless its notice to withdraw is provided earlier than forty-five (45) days prior to the beginning of a new fiscal year. Upon such withdrawal, the withdrawing party shall no longer be entitled to be a member of the Council nor shall it be entitled to receive ACCEM's benefits or services. In addition, the Council, upon the affirmative vote oftwo-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 maybe amended only by a writing signed and duly authorized by resolution of each Participant. 8. Counterparts. This Agreement maybe 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. IN WITNESS WHEREOF, this Agreement is executed effective as of the day and year first above written. ADA COUNTYI By. Dated: ~ . ~~ Q M~ ' Chairman HWAY DISTRICT Dated: ©7 ~1 '~ ~ CITY OF BOISE By. Dated: Mayor ACCEM JOINT POWERS AGREEMENT -6- B` CITY OF GARDEN CITY By: ~~~ ~ ~,~~ Mayor CITY OF KUNA By: ~~~9~s-~,- Mayor Dated: l - x' Dated: ~ ~/ ~/o s' Dated: 3- (- o S CITY OF MERID By: Dated: - ~-D~ ayor CITY OF STAR By: ly Mayor Dated: ZZ o ACCEM JOINT POWERS AGREEMENT -7- CITY OF EAGLE obligated to pay its Membership Dues for the upcoming fiscal year unless its notice to withdraw is provided earlier than forty-five (45) days prior to the beginning of a new fiscal year. Upon such withdrawal, the withdrawing party shall no longer be entitled to be a member of the Council nor shall it be entitled to receive ACCEM's benefits or services. In addition, the Council, upon the affirmative vote oftwo-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 maybe amended only by a writing signed and duly authorized by resolution of each Participant. 8. Counterparts. This Agreement maybe 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. IN WITNESS WHEREOF, this Agreement is executed effective as of the day and year first above written. ADA COUNTY By: Chairman ADA COUNTY HIGHWAY DISTRICT By: President CITY OF BO By: Mayor Attest: CITY OF EAGLE Dated: Dated: ACCEM JOINT POWERS AGREEMENT -6- CITY OF EAGLE By; Dated: Mayor CITY OF GARDEN CITY By; Dated: Mayor CITY OF KUNA By: Mayor Dated: ~xm° '"'"~R~'p i{ CITY OF RIDIAN r~ ~p~ ~o vimL- ~i.~.., Ci' ~' c~ gy; Dated: 3, ~ q, d ,~ CITY OF STAR By; Dated: yor ACCEM JonvT PowERS AG1tE~1v'r -7-