Resolution - 2014 - 14-24 - Adopting An Amended Emergency Management Joint Powers Agreement - 10/14/2014 RESOLUTION No. 14-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY,
IDAHO, ADOPTING AN AMENDED EMERGENCY MANAGEMENT JOINT POWERS
AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED
EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle ("City") is a duly organized and existing municipal
corporation operating under the laws of the State of Idaho; and
WHEREAS, the City is empowered by Idaho Code §§67-2326 through 67-2333 to enter
into joint powers agreements with other public agencies; and
WHEREAS, the City is authorized by Idaho Code §46-1009 to create an
intergovernmental agency responsible for disaster preparedness and coordination of response;
and
WHEREAS, the Mayor and City Council of the City of Eagle desire to enter into an
Amended Emergency Management Joint Powers Agreement with Ada County and other
municipalities within Ada County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: The City Council hereby adopts the Amended Emergency Management Joint
Powers Agreement, attached hereto as Exhibit A and incorporated by this reference as if set forth
in full, and authorizes the Mayor to execute said Agreement on behalf of the City of Eagle.
Section 2: This resolution shall take effect and be in force from and after its passage and
approval.
DATED this_/___146k.day of October, 2014.
CITY OF EAGLE
Ada County, Idaho
ames D. Reyne ld 1 Mayor
ATTEST:
•
haron K. Bergmann, City Clerk
AGREEMENT NO. 10878
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is effective the 1st day of October, 2014, 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 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 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 t h e 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 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 aB oise 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 Identifying and assessing hazards and risks affecting residents of
Ada County to guide future preparedness efforts across all mission areas;
2.2.2 Facilitating interactions among the whole community to create
and validate plans, policies and procedures governing emergency
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 2
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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 Coordinating and integrating all-hazards comprehensive county-
wide emergency management activities through planning, training,
equipping, exercising, and evaluating 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
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 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 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 on 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 ACDEM 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. 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.
3.3 ACDEM Employees. Ada County shall employ such ACDEM staff
members payable out of the Emergency Management Fund as approved in its annual
ACDEM 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 ACDEM 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. By May 1 of each year, 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 Dues. Each Participant shall pay annual membership dues
in accordance with the terms contained herein to contribute towards funding the
ACDEM 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 $8,900.00 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 ACDEM 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 ACDEM program may
be assessed against the Emergency Management Fund as any other business expense.
5. Term of Agreement. The Term of this Agreement shall be from _October 1, 2014
to September 30, 2015. 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
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 5
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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 nor shall it be entitled to receive ACDEM'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.
IN WITNESS WHEREOF, this Agreement is executed effective as of the day and
year first above written.
ADA COUNTY
By: Dated:
Chairman
ATTEST:
Christopher D. Rich, Ada County Clerk
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 6
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ADA COUNTY HIGHWAY DISTRICT
By: Dated:
President
ATTEST:
CITY OF BOISE
By: Dated:
Mayor
ATTEST:
CITY OF EAGLE
By: — Dated:
ATTEST:
CITY OF GARDEN CITY
By: Dated:
Mayor
ATTEST:
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 7
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CITY OF KUNA
By: Dated:
ATTEST:
CITY OF MERIDIAN
By: Dated:
Mayor
ATTEST:
CITY OF STAR
By: Dated:
Mayor
ATTEST:
AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 8
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