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HomeMy WebLinkAboutInter-agency Cooperation for DiastersJOINT POWERS AGREEMENT TO PROVIDE FOR INTER - AGENCY COOPERATION IN MAJOR NATURAL OR MAN -MADE DISASTER DISASTER MANAGEMENT AREA D Los Angeles County Operational Area WHEREAS, natural or man -made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ( "SEMS ") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area; and WHEREAS, in accordance witn SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ( "Operational Area ") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and areadjpa.wpd 09/08/98 WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areas ") within the Los Angeles County Operational Area, each having a Disaster Management Area Coordinator who serves as a representative on the Operational Area Advisory Board to facilitate communication between the cities and the Operational Area; and WHEREAS, the parties to this Agreement are located within Disaster Management Area D of the Los Angeles County Operational Area and, therefore, have mutual interests and objectives to accomplish with reference to disaster management, planning, training and preparedness within said Area D; and WHEREAS, the power to prepare for and mitigate natural or man -made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS, That in order to efficiently and adequately exercise the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster management efforts, should be provided in order to obtain maximum benefits; and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace, health, safety, and general welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning Civil Defense Areas or Disaster Management Areas. NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the areadjpa.wpd 09/08/98 power and authority to do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq.) of the Government Code of the State of California, as follows: 1.0 Purpose 1.1 The purpose of this Agreement is to promote the coordination of disaster management, planning, training and preparedness efforts of the parties by cooperative planning and related activity under the direction of a Disaster Management Area Board. This Agreement shall supersede any prior agreement by the parties hereto concerning these matters. 2.0 Creation of Disaster Management Area Board 2.1 There is hereby created the Disaster Management Area D Board ( "Governing Board "). The Governing Board at a minimum shall consist of one represenitative from each party who shall be appointed to the Governing Board by the governing body of each party, and who may be removed at any time by such governing body. Each party may appoint an alternate who may act in the absence of the designated representative. No representative or alternate shall be appointed who is not an official or employee of the appointing party. At its opt;on the Governing Board may create an Executive Board or any standing committees as required. The Executive Board shall establish rules and procedures for its operation. 3.0 Powers of the Disaster Management Area Board 3.1 Within 60 days after this Agreement is formally approved by a minimum of three(3) parties, including two (2) cities and the County, the current Coordinator for the existing Civil Defense Area areadjpa.wpd 09/08/98 D or Disaster Management Area D, in conjunction with the County Operational Area Office of Emergency Management, shall assist this Governing Board to provide for implementation of the provisions of this Agreement. 3.2 The Governing Board shall determine the most appropriate means to provide direct coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement. This may include retaining a full -time Disaster Management Area Coordinator, or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area in disaster management, planning, training and preparedness. If the Governing Board designates a Coordinator who is not a lead agency or an employee of a party, the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who shall designaie the administrative practices. The Disaster Management Area Coordinator shall act as the Governing Board's representative on the Operational Area Advisory Board. 33 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the attached "Duty Statement ". Optional respor?sibilities listed in the Duty Statement may be modified as necessary by said Board in meeting its specific needs. 3.4 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement, and such powers are subject to the same restrictions upon the manner of exercising the powers as in a general law city. 3.5 The Governing Board shall have the duty and responsibility to determine if personnel will be employed under this Agreement; the compensation of such personnel; the location of the areadjpa.wpd 09/08/98 Office Headquarters; all matters relating to policy and finance; and the overall supervision and direction of the personnel employed. 3.6 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parties hereto to protect against the loss of life and property solely within their respective jurisdictions. The parties specifically retain such responsibility and power. 4.0 Rules of the Board 4.1 A simple majority of said Board shall constitute a quorum for the transaction of business unless otherwise designated by the Governing Board. The Governing Board shall elect one of its own members as Chair of the Governing Board. The Governing Board shall provide for the time and place of its owo meetings, shall promulgate its own rules, and uoiiduct its business according to Robert's Rules of Order. It shall cause to be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto. 5.0 Audit 5.1 If in the process of conducting its duties the Governing Board receives funds, property or other assets from any source, said Governing Board shall be strictly accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement. 5.2 Any party shall have the right during regular business hours to examine, inspect, review and copy, at its own expense, all books, records, accounts and other documents of the Governing Board relating to this Agreement. areadjpa.wpd 09/08/98 6.0 Duration of this Agreement 6.1 This Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a minimum of three (3) parties, including two (2) cities and the County, and shall continue in full force and effect until such time as the member parties determine it is in the public interest to dissolve the Disaster Management Area D. 6.2 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year. In the event of the withdrawal from this Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned. Any costs of the program provided for herein shall be borne by the remaining parties in accordance with the Addendum to this Agreement. 7.0 Disposition of Assets 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not he entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein. Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. areadjpa.wpd 09/08/98 8.0 Amendments 8.1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties. 9.0 Counterparts 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of work: rs' compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or omission occurring in the performance of that party's obligations under this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. areadjpa.wpd 09/08/98 IN WITNESS WHEREOF each party has caused this Agreement to be duly executed by its authorized officer(s) on the date(s) set forth below. Signature Page of JOINT POWERS AGREEMENT TO PROVIDE FOR INTER- AGENCY COOPERATION DISASTER MANAGEMENT AREA D Name of Party By Name/Title ` [14416 Date APPROVED / AS TO FOR By 1 1 4. ;:filler ;. ,.<_.... Tl �u•ney areadjpa.wpd 09/08/98 ADDENDUM TO JOINT POWERS AGREEMENT Disaster Management Area D This addendum is hereby incorporated in the Joint Powers Agreement for Disaster Management Area D to provide for preparation of annual budgets, assessment of fees to the member parties and accounting of assets pursuant to this Agreement. (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs and expenses incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, as estimated by Urban Research Regional Population Models, as of January 1 of each year this Agreement is in effect. The shares shall be based on a per capita rate. (2) The County of Los Angeles shall pass through Emergency Management Assistance (EMA) grant funding, including funding for unincorporated area populations, in accordance with the approved EMA distribution plan, as appropriated annually by the Board of Supervisors. (3) The annual budgets shall be prepared and adopted by the Disaste Management Area D Board. The proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area D Board. Minimum assessments may be established by the Area D Board. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. (4) No funds may be expended or obligated by the Disaster Management Area D Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources. (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable legislative bodies of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts. (6) Payments by the respective parties are to be made to the Disaster Management Area D Board on or before July 31 of each year. The Disaster Management Area D Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year.