A-92-06

JOINT POWERS AGREEMENT

Between

The County of Eddy

And

The City of Carlsbad

And

The City of Artesia

And

The Village of Hope

And

The Village of Loving

And

The U.S. Department of Energy


 
 
  1. Identification of Parties


    2. The parties of this Joint Powers Agreement are the County of Eddy, the City of Carlsbad, the City of Artesia, the Village of Hope, the Village of Loving and the U.S. Department of Energy through its Waste Isolation Pilot Plant Site Office. The parties recognize and agree that the U.S. Department of Energy, Waste Isolation Pilot Plant Site Office enters into this Agreement and participates herein solely with respect to those provisions set forth hereinafter at sections v., x., and xi.
     

  2. Authority


    3. The authority for this Agreement is contained in Section 11-1-3, Section 12-10-6, section 12-10-7, NMSA, 1978, as amended, section 161(f) of the Atomic Energy Act of 1954, as amended, and section 646 of the Department of Energy Organization Act.
     

  3. Purpose


    4. The purpose of this Agreement is to state the general understandings between the parties with respect to the development, implementation and maintenance of a civil emergency preparedness program for Eddy County.
     

  4. Emergency Preparedness Coordinator
    1. Employment


      2. 1. The Emergency Preparedness Coordinator shall be employed by the County of Eddy at such salary as may be set by mutual agreement of the parties.

      2. The personal services costs for the position of Emergency Preparedness Coordinator shall be shared by the parties in the manner specified in this Agreement.
       

    2. Authority, Jurisdiction and Duties
    1. The Emergency Preparedness Coordinator shall be responsible for the development, implementation and maintenance of the civil emergency preparedness program for all of Eddy County, including all incorporated areas therein.

      2.  

       

    2. The Emergency Preparedness Coordinator shall:
    1. Develop and coordinate emergency plans for the immediate use of all the facilities, equipment, manpower and other resources of local government for the purpose of minimizing or preventing injury to persons and property in the event of a disaster, and for the purpose of protecting and restoring to usefulness governmental services and public utilities necessary for the public’s health, safety and welfare in the event of a disaster.
    2. In conjunction with elected officials, select and ensure the training of any staff personnel.
    3. Coordinate the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the parties for emergency preparedness purposes.
    4. Develop a media response plan to dispel rumor and provide information to the public during times of disaster.
    5. Provide for the overall emergency support to the handicapped, the elderly and the non-English speaking persons of various jurisdictions.
    6. Negotiate and conclude agreements with appropriate approval with owners or persons in control of buildings or other property for emergency preparedness purposes designating suitable buildings as shelters.
    7. Through public informational programs, educate the civilian population as to actions necessary and required for the protection of their persons and property in case of impending or present disaster.
    8. Conduct rehearsals of emergency plans to ensure the efficient operation of the emergency preparedness forces and to familiarize residents with emergency preparedness regulations, procedures and operations.
    9. Coordinate the Eddy County Civil Emergency Preparedness Plan with the State Civil Emergency Preparedness Division prior to final approval at the local government level and review the plan and annexes at least yearly and publish changes as needed.
    10. Maintain close coordination with the State Civil Emergency Preparedness Division to obtain assistance, particularly in training activities and obtaining federal funds and equipment.
    11. Periodically exercise and brief personnel to ensure they are prepared to cope with any disaster.
    12. Ensure that emergency operations centers are provided with a schedule of maintenance of operational equipment.
    13. Maintain administrative records to include training and equipment accountability.
    14. Coordinate with other public and private agencies to incorporate them into the Eddy County plan.
    15. Coordinate disaster assistance efforts of the parties, volunteer personnel, utilities and private industries.
    16. Following impact of a natural or man-caused disaster, prepare and transmit a report as soon as possible to the State Civil Emergency Preparedness Division and ensure the follow-up reports are transmitted.
    17. Assist elected officials and all functional officers in assessing damage following a disaster for transmission to the State.
    18. Perform any other necessary duties relating to emergency preparedness.
    19. Prepare an annual budget for approval by the parties and provide overall administration of the Office of Civil Emergency Preparedness.
  1. Civil Emergency Preparedness Board
The Eddy County Civil Emergency Preparedness Board shall consist of:
    1. Three (3) representatives from the County of Eddy
    2. Two (2) representatives from the City of Carlsbad
    3. Two (2) representatives from the City of Artesia
    4. One (1) representative from the Village of Hope
    5. One (1) representative from the Village of Loving
    6. One (1) representative from the U.S. Department of Energy
Such representatives shall be appointed by appropriate authority of each party and shall, whenever possible, be active public safety officials. The Board shall be advisory in nature, shall provide local liaison for the Civil Emergency Preparedness Coordinator, and shall make recommendations to the parties to further the mission of the Eddy County Civil Emergency Preparedness Program. One member shall be elected chairman by majority vote of the Board Members. The Emergency Preparedness Coordinator shall act as secretary to the Board.
  1. Chain of Command


    2. With regard to emergency planning, preparation and response within each jurisdiction of the parties, the Emergency Preparedness Coordinator shall be directly responsible to and function under the direct control of the respective Chief Executive Officer unless otherwise specified in the emergency document.
     

  2. Specific Operating Procedures and Policies: Changes or Modifications


    3. Specific procedures and policies not contained herein which may be necessary to further the purpose of this Agreement will be developed and promulgated by mutual agreement between the Emergency Preparedness Coordinator and the Civil Emergency Preparedness Board. Any such policies or procedures which modify any provisions of this Agreement shall be subject to the joint approval of the governing bodies of the parties.
     

  3. Funding
    1. The County of Eddy Shall apply for continuing Federal Emergency Management Assistance funding to subsidize the Eddy County Emergency Preparedness Program, and will act as the fiscal agent for the program.
    2. All remaining funding requirements shall be borne by the parties to this agreement in the following amounts:


      3. 1. County of Eddy               $17,500
      2. City of Carlsbad                  7,500
      3. City of Artesia                     5,000
      4. Village of Hope                       -0-
      5. Village of Loving                     -0-
       

    3. Funding requirements shall be reviewed annually and amended, if necessary, by written agreement of the parties.
  1. Accounting and Control
    1. All receipts and disbursements under this Agreement shall be strictly accounted for.
    2. Payments, repayments, or returns to any party under this Agreement will be made at the time and in the manner adopted pursuant to policies or procedures developed by mutual agreement between the parties. Any such policies or procedures which modify any other provision of this Agreement shall be subject to the joint approval of the governing bodies of the parties.
  1. Duration


    2. The effective date of this Agreement shall be the later date of the signatures of the parties and shall continue until modified by written agreement or terminated by any party giving 30 days written notice
    .

  2. Claims and Costs


    3. Each party waives all claims against the other parties for compensation for loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement.
     
     

  3. Dissolution of Agreement


    4. In the event this agreement is terminated for any reason, all equipment, properties and any remianing funds shall  be returned to the appropriate parties in a manner adopted pursuant to policies and procedures developed by mutual agreement of the parties.

 

______________________________                             _______________________________
FRED T. ALVAREZ Chairman     Date                             KAREN DAVIS                            Date
Eddy County Board of Commissioners                              Eddy County Clerk

______________________________                            _______________________________
BOB FORREST Mayor               Date                            WANDA S. BAXTER                    Date
City of Carlsbad                                                               Carlsbad City Clerk

______________________________                           _______________________________
ERNEST THOMPSON Mayor    Date                           SHIRLEY CLARK                        Date
City of Artesia                                                                Artesia City Clerk

______________________________                          _______________________________
PETE LAUMBACH Mayor         Date                          ANN JONES                                 Date
Village of Hope                                                             Village of Hope Clerk

______________________________                          _______________________________
MIRANDA DARCY Mayor        Date                          MANUEL GARZA                        Date
Village of Loving                                                            Village of Loving Clerk

______________________________                           ______________________________
U.S. Department of Energy           Date                           Department of Energy                   Date