16-1138 Approving the Joint Powers Agreement for ACCEMA ServicesCITY OF MERIDIAN RESOLUTION NO. 16 ® Il
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BY AND BETWEEN
THE CITY OF MERIDIAN, ADA COUNTY, THE ADA COUNTY HIGHWAY
DISTRICT, CITY OF BOISE CITY, CITY OF GARDEN CITY, CITY OF KUNA, CITY
OF EAGLE AND CITY OF STAR FOR THE COOPERATIVE PROVISION OF
EMERGENCY MANAGEMENT SERVICES IN ADA COUNTY; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON
BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Idaho cities are authorized to create and maintain an intergovernmental
agency responsible for disaster preparedness and coordination of response pursuant to I.C. § 46-
1009; and
WHEREAS, the City of Meridian desires 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 within the corporate limits of the City of
Meridian; and
WHEREAS, Ada County, the Ada County Highway District, City of Boise City, City of
Kuna, City of Eagle, City of Garden City and City of Star all 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 within their
respective jurisdictions and have determined that a joint and cooperative effort would provide
certainty, consistency and efficiency in the management and delivery of emergency management
services;
WHEREAS, Cities and counties are authorized by I.C. §§ 31-3906, 67-2326 through
67-2333, 31-1430 and 31.-141.7 to enter into joint and cooperative mutual aid agreements.
RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES - PAGE 1 OF 2
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Agreement by and between the City of Meridian, City of Boise City,
Ada County, the Ada County Highway District, City of Eagle, City of Garden City, City of Kuna
and City of Star, a copy of said Agreement being attached hereto and incorporated herein by
reference, be, and the same is hereby, approved as to both form and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Agreement for and on behalf of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Meridian, Idaho, this _ day of May, 2016.
APPROVED by the Mayor of the City of Meridian, Idaho this — day of May, 2016.
ATTEST:
Jacy Jones, City Clerk
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RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES - PAGE 2 OF 2
AGREEMENTNO, 10878-1-16
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is effective the 71" day of March, 2016, 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 Adalns
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 Duna, a municipal corporation whose address is 763 W.
Avalon, 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. The Participants are 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
Department of Emergency Management, 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 Iimited 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.
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 1
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E. All Participants will retain control over those matters not related to ACCEM or 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 suf oieney 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 Councilper.son 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 tier absence with the full authority to act on
his or tier behalf in all matters before ACCEM.
2.2 Ditties of ACCEM, ACCEM shall perform all actions reasonably
necessary to fit1B11 the responsibilities and obligations existing pursuant to Idaho Code
46-1009, These duties shall include, but are not limited to:
2.2.1 Identifying and assessing hazards and risks affecting residents of
Ada County to guide future preparedness efforts across all mission areas;
12.2 Facilitating interactions among the whole community to create
and validate plans, policies and procedures governing emergency mallagement
and identifying core capability needs through discussion and operations -
based activities;
AMENDED EMERGENCE' MANAGEMENT JOINT POWERS AGREEMENT — PAGE 2
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2.2.2 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;
2,2.3 Enhancing emergency management coordination and
Communication between government agencies, businesses and industry, and
volunteer agencies for both preparedness efforts and operational activities;
2,2,4 Promoting disaster recovery through a focus on the timely
restoration, strengthening, and revitalization of infrastructure, housing, and a
sustainable economy, as Nvell as the health, social, cultural, historic, and
environmental fabric of Ada County;
2.2.5 Coordinating and integrating all -hazards comprehensive county-
wide
ountywide emergency management activities through planning, training,
equipping, exercising, and evaluating capabilities;
2,2,6 Providing qualified individuals from within their jurisdictions to
serve as members of ACCEM committees;
2,2,E 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;
2.2.8 After consultation with the TAG and the LEPC, make
determinations regarding spending priorities for countywide emergency
management;
2,2,9 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
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.
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT— PAGE 3
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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 giant fiends. 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 mare recommendations to the
Board regarding the itse and expenditure of all grant funds received by the County from
the Idaho Bureau of Homeland Security for 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 oil an individual basis.
3. Ada County Department of Emergency Management (ACDEM), ACDEM
shall operate as a separate and independent Department under the administration of the Board.
The primary mission of ACCEM shall be to coordinate and integrate ail 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. The Director of Emergency
Management (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,
33 ACDEM Employees, Ada County shall employ such ACCEM staff
members payable out of the Emergency Management bund 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 ACCEM employees to other Participants for the purpose of developing
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,
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 4
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3.5 Fiscal Year. The fiscal or business year of the Board, Council and
ACDEM 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 Ist clay of August of each fiscal year. ACCEM shall submit a
filial 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 Dues, Each Participant shall pay annual membership
dues in accordance with the terms contained herein to contribute towards funding the
ACCEM program ("Membership Dues"), Membership dues for Ada County and
each respective city located within Ada County shall initially be equal to thirty-three
cents ($0,33) per resident. For purposes of calculating Membership Dues, the number
of residents located within Ada County and each respective city shall be determined
annually by ACCEM using the most current population estimates available to
ACCEM. Membership dues payable by cities shall be determined by the number of
residents in each city, Membership dues 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 Dues payable by
Ada County Highway District shall be $10,000.00 per year. Membership Dues shall
be due and payable to the Emergency Management Fund in equal installments on a
quarterly basis. Membership Dues 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,
4.3 Expenses, Consistent with the approved budget, the costs and expenses
incurred by Ada County to house, employ staff, and operate the A:CCEIVI program may
be. assessed against the Emergency Management Fund as any other business expense.
S. Term of Agreement. The Term of this Agreement shall be from the 7th day of
March, 2016 to September 30, 2016, 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
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 5
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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 fiords 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 ftmds. 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 nor shall it be entitled to receive 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 fill herein.
IN WITNESS WHEREOF, this Agreement is executed effective as of the day and
year first above written.
Dated:C�t�2t� i1 �7�7 1.,��^ A"
ATTEST -
Christopher D. Rich, Ada County Clerk
AMENDED EMERGENCY MANAGEMENT JOTNT POWERS AGREEMENT— PAGE 6
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Dated: June 14, 2016
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AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 7
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AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT — PAGE 8
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