LAC Operational Area G Inter-Agency Cooperation (2016) Attachment I
For Cities with existing Joint Powers Agreement/Coordinator
JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-AGENCY COOPERATION
IN MAJOR NATURAL OR MAN-MADE DISASTER
DISASTER MANAGEMENT AREA G
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 with 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
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Attachment I
For Cities with existing Joint Powers Agreement/Coordinator.
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
G 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 G ; 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.
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Attachment I
For Cities with existing Joint Powers Agreement/Coordinator:
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 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 G Board ("Governing
Board").
The Governing Board at a minimum shall consist of one representative 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
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Attachment 1
For Cities with existing Joint Powers Agreement/Coordinator:
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 option, the
Governing Board may create an Executive Board or any standing committees as required.
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 G or Disaster Management Area G , 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 Operationai 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 designate the administrative practices. The Disaster Management Area
Coordinator shall act as the Governing Boardi's representative on the Operational Area
Advisory Board.
3.3 Standard duties of the Disaster Management Area Coordinator or designated lead
agency functioning in that capacity shall minimally include those identified in the attached
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Attachment I
For Cities with existing Joint Powers Agreement/Coordinator:
"Duty Statement". Optional responsibilities 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 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 own meetings, shall
promulgate its own rules, and conduct 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.
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Attachment l
For Cities with existing Joint Powers Agreement/Coordinator:
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.
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 G
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.
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Attachment
For Cities with existing Joint Powers Agreement/Coordinator.
7.0 Disposition of Assets
7.1 The party or parties electing to withdraw from this Agreement prior to final termination
shall not be 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.
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 workers'
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
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Attachment I
For Cities with existing Joint Powers Agreement/Coordinator:
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.
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 06 of
JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-AGENCY COOPERATION
IN MAJOR NATURAL OR MAN-MADE DISASTER
DISASTER MANAGEMENT AREA
County of Los Angeles
Name of Party
U N4M`effitle
Date
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Attachment I
For Cities with existing Joint Powers Agreement/Coordinator:
ADDENDUM TO JOINT POWERS AGREEMENT
Disaster Management Area G
This addendum is hereby incorporated in the Joint Powers Agreement for Disaster
Management Area G ,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 Disaster Management Area
G Board. The proportional contribution shall be addressed in the budget preparations
and approved by the Disaster Management Area G Board. Minimum assessments
may be established by the Area G 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 G-- 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
G Board on or before July 31 of each year. The Disaster Management Area —G
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.
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