JPA - 2004 - Emergency Management - 12/6/2004
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 ("ACHD"); 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, ACHD, Boise, Eagle, Garden City,
Kuna, Meridian, and Star may be 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.
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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 ACHD.
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 Councilor in cases of
emergency.
2.5 Quorum. A quorum shall consist of a majority 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.
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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
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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:
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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 may be 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 may be 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
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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 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.
IN WITNESS WHEREOF, this Agreement is executed effective as of the day and
year first above written.
ADA COUNTY
By:
Dated:
Chairman
ADA COUNTY HIGHWAY DISTRICT
By:
Dated:
President
CITY OF BOISE
By:
Dated:
Mayor
CITY OF EAGLE
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By:
Dated: ~,.;2;2 -05
CITY OF GARDEN CITY
By:
Dated:
Mayor
CITY OF KUNA
By:
Dated:
Mayor
CITY OF MERIDIAN
By:
Dated:
Mayor
CITY OF STAR
By:
Dated:
Mayor
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