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HomeMy WebLinkAbout04 - SEMS Operational Area AgreementLJ • TO: Mayor and Members of the City Council FROM: Tim Riley, Fire and Marine Chief _,;_ SUBJECT: SEMS Operational Area Agreement 0 - 30Z Recommendation: U October 19, 1995 Council Agenda Item No. 4 Enter into an Operational Area Agreement with the County of Orange and its political subdivisions for the purposes of satisfying the requirements of the California Emergency Services Act and the Standardized Emergency Management System. Regulations. Discussion: Following the devastating Oakland Hills fire, the California Legislature adopted the Emergency Services Act requiring counties and their political subdivisions to enter into an agreement for coordinated response to regional emergencies by December 1, 1995. Based upon this Act, the Standardized Emergency Management System (SEMS) regulations were developed. These regulations ensure that each county and its political subdivisions develop an operational area plan which provides for five components: planning, coordination, communication, response and recovery for future emergencies, with the Incident Command System as the foundation of the plan. The attached Operational Area Agreement is designed to establish a starting point for satisfying the five components of SEMS. The agreement accomplishes the following objectives: 1. Defines the County and its political subdivisions as an Operational Area as required by regulation. 2. Provides for the establishment and direction of the Operational Area, the cooperative and mutual handling of the duties and responsibilities of the Operational Area lead Agency, and the coordination of the emergency functions of the Operational Area with all other public agencies, corporations, organizations, and affected private persons. 3. Provides for the preparation and implementation of response and recovery plans. (-p) October 19, 1995 Item No. Page 2 _ " `J Stir - + 'yyN N1 4. Provides for the d g necessary to support the Operational Area Emergency Opera io Center using existing federal Emergency Management Agency funding. The Fire and Marine Department has reviewed this agreement and feels it satisfies the City of Newport Beach's compliance with SEMS with one concern. On page 13, the agreement creates the position of Operational Area Coordinator which will replace the position of Director of Emergency Services as identified in the existing plan. The agreement further identifies the Law Enforcement Mutual Aid Coordinator (Orange County Sheriff Brad Gates) as the Operational Area Coordinator for earthquakes and the Public Works Mutual Aid Coordinator (undefined) as the Operational Area Coordinator for oil spill emergencies. The Orange County Fire Chiefs' Association ( OCFCA) has continually opposed this change in responsibilities as each individual city has assigned the fire department as the lead agency on these types of emergencies. Council is encouraged to enter into this agreement in order to meet the legislative • deadline of December 1, 1995. Attachments: 1. Operational Area Agreement 2. Letter to Emergency Management Council from OCFCA • • 0 0 OPERATIONAL AREA AGREEMENT • OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS October 3, 1995 • OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS Table of Contents Subiect Page Recitals 1 A. Existing Agreements 1 B. Operational Area Established 2 C. City-County Emergency Management Planning Board 2 D. Local Authority 2 E. Definitions 2 F. Operational Area Council, Executive Board and Subcommittees 3 G. Creation and Powers and Duties of Operational Area Coordinator 13 H. Creation and Powers and Duties of Operational Area Manager 15 L Operational Area Emergency Plan 16 J. County Specific Responsibilities 17 K Operational Area Council Member Responsibilities 18 L. Operational Area Expenses and Revenues 19 M. Description, Function and Duties of the Operational Area 20 Emergency Organization N. Activation of the Operational Area Emergency Operations Center 20 O. Effective Date 23 P. Withdrawal 23 Q. Suspension of Voting Privileges 23 R. Indemnification 23 S. Counterparts 23 T. Amendment 23 U. Notice 24 V. Severability 24 Signatures 24 0 r 1 • 0 0 OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS • THIS AGREEMENT is entered into this day of , 1995, which date is enumerated for purpose of reference only, by and between the County of Orange, hereinafter referred to as "COUNTY," and all other Political Subdivisions within Orange County, as defined in Government Code Section 8557 (c) of The California Emergency Services Act, Government Code Section 8550 et sea., (" The Emergency Services Act "), which are signatories hereto, hereinafter referred to as "SUBDIVISIONS ", collectively referred to as the "Parties ". WITNESSETH: WHEREAS, it is the intent of the Parties hereto, in accordance with The Emergency Services Act and The Standardized Emergency Management System Regulations, Title 19 California Code of Regulations Section 2400 et sea., to coordinate preparedness and response efforts for the safety of persons and property from the effects of natural, man-made, or war- caused disasters, hereinafter referred to as "emergencies;" and, WHEREAS, the purpose of an Operational Area, as defined in Government Code • Section 8605 and Title 19 California Code of Regulations Sections 2403 and 2409, is to manage and coordinate information, resources, and priorities between the COUNTY and all Subdivisions in the geographic area of the County, and to serve -as the coordination and communication link with the regional level of the State; and WHEREAS, the declared purposes of this Agreement are to provide for the establishment and direction of the Operational Area; the cooperative and mutual handling of the duties and responsibilities of the Operational Area lead Agency; the coordination of the emergency functions of the Operational Area with all other public agencies, corporations, organizations, and affected private persons; and the preparation and implementation of plans for the protection of persons and property within the Operational Area in the event of an emergency; and WHEREAS, any expenditures made in connection with such emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the Operational Area. NOW THEREFORE, the Parties hereto agree as follows: • A. EXISTING AGREEMENTS: Nothing contained in this Agreement shall be construed as superseding or modifying any existing agreements, including mutual aid agreements, except this Agreement supersedes the existing UNIFIED ORANGE COUNTY - CITIES EMERGENCY MANAGEMENT AGREEMENT dated July 14, • • 1981; and nothing herein shall be construed as preventing any Party from entering into or modifying mutual aid agreements. B. OPERATIONAL AREA ESTABLISHED: The entire geographic area of • Orange County constitutes an Operational Area for the purposes of emergency mitigation, preparedness, response, and recovery, as required by Title 19 California Code of Regulations Section 2409. C. CITY- COUNTY EMERGENCY MANAGEMENT PLANNING BOARD: For the purposes of COUNTY Ordinance No. 3915 Section 3 -1 -5 of the Codified Ordinances of the County of Orange, as presently existing or as hereafter amended, the Council created under this Agreement constitutes the City County Emergency Management Planning Board and this Agreement defines its membership, powers, duties, divisions, services and staff. D. LOCAL AUTHORITY: In the event of an actual or threatened emergency, each jurisdiction shall retain the authority provided for by law respecting its jurisdiction. E. DEFINITIONS: The following terns as used in this Agreement shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth below: (1) Operational Area Coordinator shall mean that position affiliated with a • public agency as designated in Section G of this Agreement, to provide direction and coordination of the Operational Area during times of emergency. (2) Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the County caused by such conditions as air pollution, civil disturbance, sudden and severe energy shortage, drought, or earthquake or other conditions, the Governor's warning of an earthquake or volcanic prediction, epidemic, fire, flood, hazardous material release, plant or animal infestation or disease, riot, storm, or war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of a Subdivision or County, requiring the combined forces of the Operational Area to manage. (3) Unified command shall mean a unified team effort which allows all agencies with, either geographical or functional responsibility, to manage an emergency by establishing a common set of emergency objectives and • strategies. This is accomplished without losing or abdicating agency authority, responsibility or accountability. 2 • • F. OPERATIONAL AREA COUNCIL, EXECUTIVE BOARD AND SUBCOMMITTEES: • (1) Operational Area Council. Title 19 California Code of Regulations Section 2400 et sea. establishing the Standardized Emergency Management System hereinafter referred to as SEMS, allows the COUNTY and all SUBDIVISIONS to have representation in the Operational Area. Therefore, the Operational Area Council, hereinafter referred to as the "Council ", is hereby created to include the signature Parties to this Agreement. The Parties acknowledge that the Council is not a separate legal entity and that it is not their intention to form a joint powers authority. a. Membership. All SUBDIVISIONS in the County of Orange, including cities, school and special districts, and the COUNTY, by approval and execution of this Agreement, are members of the Council. Each Council Member shall designate a representative and an alternate from its governing body to serve as it's representative. b. Responsibilities. The members of the Council shall have authority over the major policy issues of the Operational Area, as • determined by the Executive Board, including the adoption of and amendments to this Agreement and adoption of any Operational Area fees. However, whenever a majority of all members of the Council determine that an issue should be brought before the Council, it shall be done so irrespective of the fact that the Executive Board has failed to identify it as a major policy issue as set forth in the first sentence of this subsection. It is not the intent of this Agreement that there be regular meetings of the Council. The Executive Board shall submit major Operational Area policy issues to Council members for consideration at their respective governing body meetings. The approval by a majority of the governing bodies of all Council members shall be sufficient for adoption of any Operational Area business, including the amendment of this Agreement, and adoption of any Operational Area fees. C. Representatives Meeting Should it be necessary for the Council to meet, the representative or alternate of each member of the Council, shall be entitled to one vote. The representatives present shall, by majority vote, select a Chair Pro Tem from among the representatives present. A majority of all representatives of the members of the Council shall constitute a quorum for the transaction of business relating to the Operational Area. Unless otherwise provided herein, a vote of the majority of those present (2) 0 and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Operational Area. In the event a tie vote occurs, in order to break the tie, the vote of the Chair Pro Tern shall not be counted. The representatives of the Council may meet as necessary as determined by the Executive Board or as requested by a majority of the members of the Council. Operational Area Executive Board. a. Creation of the Operational Area Executive Board. The Council shall have an Executive Board, hereinafter referred to as Executive Board, consisting of eleven voting members. 1) Members. Members are as follows: a) A member of the COUNTY Board of Supervisors b) A representative from the Orange County City Engineers' and Public Works Directors' Association C) The Orange County Fire & R_ escue Mutual Aid Coordinator d) A representative from the Orange County Fire Chiefs' Association e) The Orange COUNTY Sheriff - Coroner- Law Enforcement Mutual Aid Coordinator f) A representative from Independent Special Districts of Orange County g) A representative from the Orange COUNTY Health Care Agency- Health Care Mutual Aid Coordinator h) A representative from the Orange County Police Chiefs' and Sheriff Association i) A representative selected jointly from the Orange County-City Manager's Association and the League of Cities. • 0 0 0 j) A representative selected jointly by the Orange County Superintendent of Schools, Community Colleges and School Districts . k) A representative from the COUNTY Environmental Management Agency - Public Works Mutual Aid Coordinator 2) Terms, Alternates and Voting. Executive Board members shall be appointed by their respective organization every two years and shall serve at the discretion of their organization for two years. An alternate shall also be designated to serve the same term for each Executive Board member appointed. Each Executive Board member, or alternate in the absence of any voting member, shall be entitled to one vote. A majority of the Executive Board shall constitute a quorum for the transaction of business relating to the Operational Area. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action • + deemed appropriate to carry forward the objectives of the Operational Area. In the event a tie vote occurs, in order to break the tie, the vote of the Chair sliall not be counted. 3) Operational Area Executive Board Chair and Vice - Chair. The Chair and Vice Chair shall be elected every two years by the Executive Board. In the absence of both the Chair and the Vice Chair, the members of the Executive Board present shall, by majority vote, select one of the members present to act as Chair Pro Tem. 4) Meetings. The Executive Board shall meet quarterly or as designated by the Executive Board Chair. b. Responsibilities/Policy /Advisory Duties. The Executive Board shall have responsibility for the overseeing the actions of the Operational Area Manager in the daily operations and administration of the Operational Area. The Executive Board shall also have responsibility for the development, establishment and implementation of the policies of the Operational Area, and shall keep the Council informed of its actions. The Executive Board shall determine which major policy issues of the Operational Area issues require Council members' approval and shall seek such approval. However, whenever a majority of all members of the 0 CI Council determine that an issue should be brought before the entire Council, it shall be done so irrespective of the fact that the Executive Board has failed to identify it as a major.policy issue as set forth in this subsection. 1) Policy and Operational Area Emergency Plan. The Executive Board is responsible for the establishment of Operational Area policy and the development and implementation by December 1, 1996, of the Operational Area Emergency Plan, including mitigation, preparation, response and recovery, and for the ongoing exercise and maintenance of the plan as required by SEMS. 2) Operational Area Budget and Operating Staff. The Executive Board shall have the responsibility to direct the development of and approve the Operational Area annual operating budget and staffing utilizing resources made available to the Operational Area by the State Office of Emergency Services through the Federal Emergency Management Assistance Program, and to monitor the expenditures of the Operational Area. This shall include the responsibility to seek grants from other sowrces to sustain the preparedness and response efforts of the Operational Area as further detailed in Section L of this Agreement, and, if necessary, to recommend for adoption by the members of the Council, any Operational Area fees to sustain the Operational Area. In the event the Executive Board recommends adoption of fees, the Executive Board shall be responsible for directing the development of and submitting the Operational Area annual budget and staffing to the members of the Council for approval. 3) Laws, Rules, Legislation and Regulations. The Executive Board shall review and recommend for action or adoption by the members of the Council, emergency and mutual aid plans, agreements, ordinances, resolutions, and any rules and regulations necessary to implement such plans and agreements. The Executive Board shall also study, review, and make recommendations on State and Federal legislation and policy as appropriate, and on matters referred to it in writing by Council members. 4) Recovery Operations. During the recovery phase of an emergency, the Executive Board shall provide advice to the members of the Council regarding rebuilding and cost F'. • r1 L J • • recovery. The Executive Board shall direct the Operational Area Manager, as designated in Section H of this Agreement, to coordinate with the State Office of • Emergency Services as needed in this process. 5) Successor to the Operations Coordinator. Due to the changing circumstances and requirements of emergencies, especially in transition from the response to and recovery from an emergency, the Executive Board is hereby given authority to appoint an Operational Area Coordinator to succeed the initial response Operational Area Coordinator designated pursuant to Section G (1) of this Agreement. c. Subcommittees and Technical Advisory Groups. 1) Establishment, Support and Coordination. The Executive Board may establish standing and ad hoc Subcommittees and Technical Advisory Groups to complete its work and to ensure communication and coordination between all interested persons or groups, including but not limited to the COUNTY, • SUBDIVISIONS, Orange County Emergency Management Organization, Communications Systems, Transportation, Care and Shelter. Subcommittees and Technical Advisory Groups may each elect a Chairperson and shall provide appropriate staff support from their members. The Operational Area Manager shall provide coordination between these Subcommittees or Technical Advisory Groups and the Executive Board only. 2) OCEMO. There is hereby established a standing Subcommittee to the Executive Board, the Orange County Emergency Management Organization, hereinafter referred to as "OCEMO ". All Council members shall be expected to participate in OCEMO, to the maximum extent possible, with the understanding that the cooperative establishment of the Operational Area Plan, policies and procedures, training and exercises is necessary to ensure that the Operational Area Plan, policies, procedures, training and • exercises meet the emergency needs of the SUBDIVISIONS, COUNTY, and Operational Area. 0 0 a) Members. 1. Standing Members. Standing members include the emergency services coordinators designated annually in writing to the Operational Area Manager by each Party which is a signatory to this Agreement. The COUNTY Emergency Manager shall be the COUNTY Standing member. 2. Approved Members. Designated representatives from other public, non -profit and private emergency response, recovery and management agencies may actively participate as approved members in OCEMO Committees. These agencies may include: Orange County Disaster Recovery Alliance, Volunteer Agencies Active In Disasters, American Red Cross, Volunteer Emergency Preparedness Organization, utilities, military bases, universities and colleges, and the State Office of Emergency Services. Membership shall be granted by the Executive Board annually, upon recommendation made by majority vote of standing members of OCEMO. 3. Associate Members. Members of other organizations may participate as non - voting Associate members. b) Voting. Each of the Standing and Approved members shall be entitled to one vote. The Representative Board shall determine the issues which require approval of the voting members of OCEMO. However, whenever a majority of all members of OCEMO determine that an issue should be brought before the entire OCEMO membership, it shall be done so irrespective of the fact that the Representative Board has failed to identify it as an issue. It is not the intent of this Agreement that there be regular meetings of OCEMO. Any member of OCEMO may attend and be heard at the Representative Board meetings and participate in Representative Board committees. The Chair may • 0 convene a meeting of OCEMO and/or conduct a vote by proxy. Unless otherwise provided herein, a vote of the majority of those qualified to vote shall • be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Operational Area. c) Chair and Vice - Chairs. The Chair, First and Second Vice Chair shall be elected annually by the Representative Board and shall serve both as the officers of the Representative Board and OCEMO. In the event a tie vote occurs, the vote of the Chair shall not be counted. In the absence of all officers, the members of the Representative Board present shall, by majority vote, select one of the members present to act as Chair Pro Tem. d) Representative Board. OCEMO shall have a Representative Board, hereinafter referred to as "Representative Board ". i1. Membership. The membership of the Representative Board shall be comprised of the following standing members: a. The COUNTY Emergency Manager/ Operational Area Manager b. The Cities' Emergency Services Coordinators C. One representative selected jointly by the Orange County Superintendent of Schools, Community Colleges and School Districts d. One representative selected jointly by the Water and Irrigation Districts e. A representative from the Orange County Transportation Authority 91 f. One representative selected jointly by the Sanitation Districts g. One representative selected jointly by the Sanitary Districts h. A representative from the Parks and Recreation District i. A representative selected jointly by the Library Districts j. A representative from the Cemetery District k. A representative from the Vector Control District A representative from the Storm District M. A representative selected jointly by • the Community Services Districts 2. Voting. Each of the Representative Board members shall be entitled to one vote. A majority of the Representative Board shall constitute a quorum for the transaction of business relating to OCEMO. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Operational Area. 3. Committees. The Representative Board may establish Committees to accomplish the OCEMO duties. All OCEMO members are expected to participate in the • Committees to the maximum extent possible. 10 • • e) Executive Council. The OCEMO Executive Council shall consist of the OCEMO Chair, First and Second Vice Chair, the immediate past Chair, and the COUNTY Emergency Manager /Operational Area Manager. The Executive Council may meet at the request of the Chair to develop agendas and plans, and to analyze issues to be presented to the OCEMO Representative Board. n Staff Support. The COUNTY shall provide support to the OCEMO Representative Board for agendas and minutes only. Staff support to OCEMO Committees shall be provided by OCEMO members. g) Purpose. As a Subcommittee responsible to the Executive Board, the purposes of OCEMO include the following: 1. Operational Area Plan. Development and maintenance of the Operational Area Emergency Plan as described in SEMS and approved by the Executive Board. 2. Standard Operating Procedures. Development and maintenance of Operational Area standard operating procedures and Operational Area Emergency Operations Center procedures and guidelines for use during emergencies, reviewed and approved by the Operational Area Mutual Aid Coordinators. 3. Emergency Training and Exercises. Coordinate an annual Operational Area exercise as required by SEMS and coordinate training of personnel who are part of the Operational Area Emergency Organization. 4. Efficiency and Effectiveness. Identify, examine and develop plans and programs of concern to all SUBDIVISIONS and the COUNTY, and coordinate the development of appropriate plans and programs leading 11 • toward an integrated Operational Area approach to preparedness for emergencies, including use of cost efficient and effective, coordinated public education and individual emergency preparedness programs. 5. Legislation. Review and report on legislation impacting emergency plans and programs and propose concepts for new legislation for consideration by the Executive Board. 6. Plans and Agreements. Review proposals of emergency mutual aid plans and agreements and make recommendations on approval of such proposals to the Executive Board. 7. After Action Reports. Develop after action reports for the Executive Board, following emergencies in which the Operational Area is activated. S. Other. Other duties and responsibilities as delegated by the Executive Board. h) Meetings. The Representative Board shall meet every other month. Special meetings of the Representative Board may be called by the Chair. Committees shall meet twice a month until the Operational Area Emergency Plan and procedures, exercise schedule and training, as required by SEMS are completed, and as necessary thereafter. . i) Finances. OCEMO has no authority to bind the COUNTY or any SUBDIVISION to any financial arrangement. d. Operational Area Executive Board Emergency Advisory Capacity. The Executive Board may be convened by the Chair to review the potential or actual emergency situation and make and receive appropriate recommendations from the Operational Area Coordinator, as designated below, and Council members. 12 • • 0 0 G. CREATION AND POWERS AND DUTIES OF OPERATIONAL AREA COORDINATOR: • (1) Operational Area Coordinator. By this Agreement, Council designates an Operational Area Coordinator, hereinafter referred to as " Coordinatoe, Based on the type of disaster described below, the initial response Coordinator shall be the incumbent of the position designated below: a. Law Enforcement Mutual Aid Coordinator. The Law Enforcement Mutual Aid Coordinator is designated as the initial response Coordinator for emergencies where evacuation, law and order are of the highest priority as related to earthquake, tsunami, nuclear power plant emergency, civil disturbance, terrorism, or act of war. b. Fire and Rescue Mutual Aid Coordinator. The Fire and Rescue Mutual Aid Coordinator is designated as the initial response Coordinator for emergencies where the life or safety of the public is threatened due to fire, mass casualty emergency, or hazardous materials release. C. Public Works Mutual Aid Coordinator. The Public Works Mutual Aid Coordinator is designated as the initial response Coordinator for emergencies where public works, or environmental protection resources shall be the primary method used for mitigation and recovery such as during flood, storm, dam failure or oil spill. d. Health Care Mutual Aid Coordinator. The Health Care Mutual Aid Coordinator is designated as the as the initial response Coordinator for emergencies where there is a threat of an epidemic or a declared epidemic. e. Alternates to the Operational Area Coordinator. Each incumbent of a position eligible to act as the initial response Coordinator shall annually designate, in writing by name and in order of succession, a minimum of two alternates. This designation shall be filed with the Operational Area Manager as described in Section H of this Agreement, no later than July 1st of each year. . f. Line of Succession. In the event that neither the designated initial response Coordinator nor either of the designated alternates is available to serve in the capacity of the initial response Coordinator, the following line of succession shall be used to 13 i ensure continuity of Operational Area operations during times of emergency: 1) Law Enforcement Mutual Aid Coordinator and two designated alternates. 2) Fire and Rescue Mutual Aid Coordinator and two designated alternates. 3) Public Works Mutual Aid Coordinator, and two designated alternates. 4) Health Care Agency Mutual Aid Coordinator and two designated alternates. (2) Unified Command and Joint Operational Area Coordinator. Where appropriate, the Coordinator shall use a unified command, which is standard procedure for emergencies which involve multiple jurisdictions or professional disciplines. (3) Successor to the Initial Response Operations Coordinator. Due to the changing circumstances and requirements of emergencies, especially in • transition from the response to and recovery from an emergency, the Executive Board is hereby given authority to appoint. successor Operational Area Coordinator(s) to succeed the initial response Operational Area Coordinator designated pursuant to Section G (1) of this Agreement. The successor Coordinator(s) shall have the same powers and duties as the initial response Coordinator, as specified in Section G (4) of this Agreement. (4) Powers and Duties. The Coordinator shall direct and coordinate the Operational Area during times of emergency. The Coordinator shall have the following duties and powers: a. Direction and Coordination. Serve as key decision maker, in the Operational Area Emergency Operations Center providing direction and coordination necessary to accomplish the purposes of this Agreement and responsibilities of the Operational Area Lead as specified in Title 19 California Code of Regulations Section 2409 (e). • b. Operational Area Representative. Represent the Operational Area in all dealings with the public or private agencies on matters pertaining to emergencies as defined herein. 14 s • C. Emergency Public Information. Appoint a Public Information Officer to coordinate the dissemination of all emergency information, press releases, and public statements, to prevent conflicting information, misinformation, and the initiation of rumors, as appropriate to the type of emergency confronting the Operational Area. d. Emergency Proclamations. Each SUBDIVISION shall retain the powers and responsibilities granted by law to proclaim an emergency in its jurisdiction, according to procedures set forth by the jurisdiction, The COUNTY Board of Supervisors shall retain the powers and responsibilities granted by law to proclaim an emergency in the County geographic area, according to procedures set forth in COUNTY Ordinance No. 3915 Section 3 -1-6 of the Codified Ordinances of the County of Orange and COUNTY Board of Supervisors Resolution 95 -386, as presently existing or as hereafter amended. H. CREATION OF POSPTION AND POWERS AND DUTIES OF OPERATIONAL AREA MANAGER: • (1) Operational Area Manager. The position of the Operational Area Manager is hereby created. The Operational Area Manager shall be the COUNTY Emergency Manager as specified by COUNTY Ordinance No. 3915, Section 3 -1 -6 of the Codified Ordinances of the County of Orange and COUNTY Board of Supervisors Resolution 95 -386, as presently existing or as hereafter amended. (2) Powers and Duties. The Operational Area Manager shall have the following powers and duties: a. Staff to the Operational Area Executive Board. Serve as staff to the Executive Board, maintain close liaison with the Executive Board, and coordinate all activities of assigned Operational Area staff with the Executive Board. b. Daily Coordination and Assistance. Direct the daily coordination and cooperation between the Operational Area staff and the Operational Area Emergency Organization, and Executive Board Subcommittees, including OCEMO. Resolve questions of authority and responsibility that may arise between them, and work closely with and assist the Executive Board, as required. 15 • i C. Emergency Operations Center Maintenance. Maintain the Operational Area Emergency Operations Center in a constant state of readiness, providing staff as needed to support the Emergency Operations Center operations during times of emergency in order to coordinate emergency information between the COUNTY and all SUBDIVISIONS, state and federal agencies, and volunteer organizations. d. Notification of Emergency Operation Center Activation. Notify the Executive Board and Board of Supervisors of an Emergency Operations Center activation as soon as practical, and keep the Executive Board and Board of Supervisors informed on all aspects of a current emergency situation as soon as information becomes available. e. OCEMO Support. Provide support to the OCEMO Representative Board for agendas and minutes only. Staff support to OCEMO Committees shall be provided by OCEMO members. E Budget and Staffing. Develop an annual operating budget and staffing recommendations and monitor the Operational Area expenditures at the direction of and for the approval of the Executive Board g. After Action Reports. Coordinate with OCEMO the development of after action reports for the Executive Board, following . emergencies in which the Operational Area is activated. L OPERATIONAL AREA EMERGENCY PLAN: Under the direction of the Executive Board, OCEMO shall be responsible for ensuring the development and maintenance of the Operational Area Emergency Plan, which shall provide for the effective mobilization of all of the resources of the Operational Area, both public and private, to meet any condition constituting an emergency; and shall provide for the organization, powers and duties, and staff of the Operational Area Emergency Organization as described in Section M of this Agreement. (1) Compliance. The Operational Area Emergency Plan shall comply with applicable local, state and federal planning criteria, analyze the risks faced by the Operational Area, assign functional responsibilities to Mutual aid organizations, COUNTY agencies/departments, SUBDIVISIONS, and personnel, and assign lines of succession for the members of the Operational Area Emergency Organization. 16 r� �J • :7 i 1 • (2) Functional assignments. The Operational Area Emergency Plan shall include the functions assigned to the mutual aid organizations, COUNTY agencies/departments and SUBDIVISIONS, and it shall be the responsibility of the agency /department heads and SUBDIVISIONS to appoint coordinators who shall report to the Emergency Operations Center and carry out the assigned duties as appropriate. (3) Adoption. The Emergency Plan shall not be effective until adopted by the Executive Board and a majority of all Council members. J. COUNTY SPECIFIC RESPONSIBILTI7ES. The COUNTY shall act as the Operational Area Lead Agency. The Operational Area Lead Agency shall have the following responsibilities to the Operational Area in addition to those member responsibilities specified under Section K of this Agreement: (1) 24 Hour Contact Point. The COUNTY shall provide the 24 hour contact point for the Operational Area and act as lead in activating the Operational Area Emergency Operations Center, hereinafter referred to as "OAEOC ". (2) Operational Area Emergency Operations Center. The COUNTY Emergency Operations Center located at 2644 Santiago Canyon Road, in . Silverado, California and Alternate Emergency Operations Center, as designated, shall serve as the OAEOC. (3) Initial EOC Activation Staffing. The COUNTY shall provide initial OAEOC activation staff. SUBDIVISIONS with available resources shall provide secondary and relief OAEOC staffing. (4) EOC Maintenance. COUNTY Emergency Management staff shall be responsible for ensuring the OAEOC is maintained in a state of constant readiness. (5) Operational Area Council Executive Board Support. The COUNTY shall provide support to the Executive Board for agendas and minutes for meetings and coordinating follow up only. Staff support to Subcommittees and Technical Advisory Groups shall be provided by Council members and their.representatives. (6) OCEMO Support. The COUNTY shall provide support to the OCEMO Representative Board for agendas and minutes only. Staff support to OCEMO Committees shall be provided by OCEMO members. 17 • a K OPERATIONAL AREA COUNCIL MEMBER RESPONSIBILITIES: Members of the Operational Area Council shall have the responsibilities as set forth below: (1) Participation. Actively participate as a member in the Council, Executive • Board if designated, Subcommittees and Technical Advisory Groups including OCEMO, and in the Operational Area Emergency Organization, including providing staff to support the work of the Executive Board, Subcommittees and Technical Advisory Groups. (2) Emergency Plan and Organization. Maintain an emergency plan and organization to provide for the emergency needs in the SUBDIVISION according to SEMS, and coordinate with and, where able, support other SUBDIVISIONS, the COUNTY, and the OAEOC. (3) Emergency Management Program. Develop an emergency management program which shall provide for the needs of the SUBDIVISION, which shall be complementary to and compatible and coordinated with the needs of the Operational Area in the event of an emergency. (4) Emergency Assistance. Provide assistance during an emergency: a. Capabilities and Agreements. SUBDIVISIONS shall offer assistance within the limits of capabilities and according to applicable mutual aid agreements. b. EOC Staffing. SUBDIVISIONS with available resources shall provide secondary and relief OAEOC staffing. (5) Resource list. Maintain a current resource listing of the facilities, equipment and supplies available in the jurisdiction for use in the event of an emergency. (6) Cooperation. Promote cooperation among all SUBDIVISIONS in order to improve the overall Operational Area emergency management program. (7) Training and Exercises. Assure training and exercises within the SUBDIVISION and Operational Area, maintain a thorough knowledge of the Operational Area Emergency Plan and ensure that the supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. 18 i (8) Emergency Notifications. Ensure that internal and Operational Area emergency notification lists are kept current. • (9) Procedures. Develop SUBDIVISION procedures which outline the steps necessary to complete tasks as a member of the Operational Area. (10) Critical Personnel. Identify at least two alternates for each person deemed critical to SUBDIVISION and Operational Area operations, either to serve in the capacity of the primary contact when (s)he is not available, or to facilitate 24 hour operation when needed in times of emergency. L OPERATIONAL AREA EXPENSES AND REVENUES (1) Minimum costs /efficiency. All costs shall be kept to a minimum, and efficiencies in use of staff, materials, etc. shall be a priority. (2) Costs of Operational Area EOC Emergency Activation. The COUNTY declares its willingness to provide the Operational Area 24 hour contact point, the OAEOC and initial OAEOC staffing, and to activate the OAEOC as required by SEMS as set forth in Section N (4) of this Agreement. The COUNTY shall exercise prudence in • the staffing and level of activation, and shall deactivate the OAEOC when requested by SUBDIVISION(s) or as soon as practical, as allowed by law. The COUNTY is to act as a member. of the Operational Area only and shall not be solely responsible for the costs of activating the OAEOC. The Executive Board shall be responsible for the development of policy and procedures similar to other mutual aid agreements where in SUBDIVISION(s) requiring activation of the OAEOC shall be responsible for reimbursement of the COUNTY and other SUBDIVISIONS for the cost of activation, if the COUNTY does not activate the OAEOC for its use, and cannot legally declare an emergency for the purposes of reimbursement from the State or Federal governments. (3) Operational Area Administrative Expenses. The Executive Board shall be responsible for acquisition and distribution of Emergency Management Assistance grant funds, and any other funds, to cover the administrative costs of the Operational Area, including any reimbursement to the COUNTY for services requested of the COUNTY pursuant to this subsection. The Executive Board shall be responsible for determining the • potential source of and for acquiring funds or staff time to match the grant(s). The COUNTY shall provide administrative staffing for the Operational Area, as determined by the Executive Board and/or Council in the annual budget, to carry out the duties as delineated in Section H of this Agreement. The COUNTY is to act as a member of the Operational Area 19 (4) Emergency Expenses. During emergencies, all Parties shall be expected to participate, according to mutual aid and other agreements, and to the maximum extent possible, with the understanding that during an emergency the priority is life, safety, property and the environment, • regardless of which jurisdiction is impacted. (5) Emergency Aid to Parties. Nothing herein shall be construed to restrict or control any Party's right or ability to apply for or receive emergency aid, loans or grants from any source including the State and Federal government. Neither any Party nor the Operational Area shall have any claim upon or interest in any emergency aid funds obtained by any other Party for it's emergency expenses, with the exception that SUBDIVISIONS may be responsible for reimbursement of OAEOC activation costs as set forth in Section (L) of this Agreement. M. DESCRIPTION, FUNCTION AND DUTIES OF THE OPERATIONAL AREA EMERGENCY ORGANIZATION (1) Description. All officers and employees of the Parties, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons pressed into service under the provisions of COUNTY • Ordinance No. 3915 Section 3 -1 -6 of the Codified Ordinances of the County of Orange as presently existing or as hereafter amended, shall constitute the Operational Area Emergency Organization, and shall be charged with duties incidental to the protection of life and property in the Operational Area during times of emergency. (2) Functions and Duties. The functions and duties of the Operational Area Emergency Organization shall be distributed among such Mutual aid organizations, COUNTY agencies/departments, SUBDIVISIONS, and staff as the Operational Area Emergency Plan shall prescribe. The form of the organization, titles and terminology shall conform to SEMS. N. ACTIVATION OF THE OPERATIONAL AREA EMERGENCY OPERATIONS CENTER (1) Location. The COUNTY Emergency Operations Center located at 2644 Santiago Canyon Rd., Silverado, California, or alternate as designated, shall serve as the OAEOC. Communication connection to the OAEOC shall be the responsibility of each SUBDIVISION and Mutual aid Coordinator or their representative. is Ott] (2) Virtual Operational Area EOC. The OAEOC shall be used as the communication and coordination center and in so far as possible, function as a virtual OAEOC, utilizing any available telecommunication resources • so that Parties may communicate without collocation. However, to ensure communication, it may be necessary for representatives and any support staff they may require to be present at the OAEOC. SUBDIVISIONS not present shall be responsible for establishing direct contact with the OAEOC. (3) Staff for the Operational Area Emergency Operations Center a. OAEOC Maintenance. COUNTY Emergency Management staff shall be responsible for ensuring the OAEOC is maintained in a state of constant readiness. b. Initial Activation and Beyond. The COUNTY shall provide initial OAEOC activation staff. SUBDIVISIONS with available resources shall provide secondary and relief OAEOC staffing. emergency management or other mutual aid shall be used to staff the OAEOC as necessary. • C. Mutual Aid Coordinators. Mutual Aid Coordinators may be present in the OAEOC, but if not present, shall be responsible for establishing direct contact with the OAEOC. - (4) Required Activation: a. Support to Emergency. The Operational Area functions as support to the local government and field response and does not command the emergency response directly. b. Conditions. Activation of the OAEOC is required by SEMS, Title 19 California Code of Regulations Section 2409 (f), under the following conditions: 1) On Request. "A local government within the Operational Area has activated its EOC and requested activation of the Operational Area to support their emergency operations." • 2) Two City Local Emergency. "Two or more cities within the Operational Area have declared or proclaimed a local emergency." 21 0 3) COUNTY and City Local Emergency. "The County and one or more cities have declared or proclaimed a local emergency." 4) Request for Governor's Proclamation. "A city, city and • County, or County has requested a governor's proclamation of a state of emergency, as defined in Government Code 8558(b)." S) State of Emergency. "A state of emergency is proclaimed by the governor for the County or two or more cities within the Operational Area." 6) Request for Outside Resources. "The Operational Area is requesting resources from outside its boundaries, except those resources used in normal day -to -day operations which are obtained through existing agreements providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement." 7) Request for Operational Area Resources. "The • Operational Area has received resource requests from outside its boundaries, except those resources used in normal day -to -day operations which are obtained through existing agreements providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement." C. Activation Levels. The OAEOC activation levels are described below: . 1) Activation Level One. Level One shall mean activation of the OAEOC at a minimum level with COUNTY emergency management staff to prepare the OAEOC and notify the Operational Area Emergency Organization and coordinate information among the members of the Operational Area and with Regional State officials as required by SEMS. 2) Activation Level Two. Level Two shall mean partial • activation of the OAEOC, staffed by the Operational Area Coordinator or alternate, COUNTY emergency management personnel, along with personnel from COUNTY agenciesidepartments and other personnel. 0* selected to meet the functional needs of the emergency Operational Area Emergency Organization during times of emergency. • 3) Activation Level Three. Level Three shall mean full activation of the OAEOC, including all personnel as indicated at level two plus the Executive Board, who shall serve as the Policy Group to advise the Coordinator on the use of resources in response to the disaster, establish policies, rules and regulations regarding the disaster and the subsequent recovery operations, and prioritize resources to effectively mitigate the disaster. O. EFFECTIVE DATE: This Agreement shall become effective upon the approval and execution by the COUNTY Board of Supervisors and at least one SUBDIVISION. Any SUBDIVISION in Orange County may become a Party hereto by executing this Agreement. Notice shall be provided to the COUNTY upon a SUBDIVISION'S execution of this Agreement as indicated in Section T of this Agreement. P. WITHDRAWAL: Any Parry may withdraw from this Agreement by providing written notice to the COUNTY. Said notice shall be given 30 days before withdrawal • from this Agreement. Q. SUSPENSION OF VOTING PRIVILEGES: In the event Operational Area fees are adopted, a Party's failure to pay said fees within 60 days after said fees become due, shall result in the immediate suspension of that Party's voting privileges in matters considered by any body, board, subcommittee, committee, or group established by this Agreement. Voting privileges shall be restored upon payment. R. INDEMNIFICATION: Each Party shall defend, indemnify and hold harmless the other Parties, and their officers, agents, employees and representatives from any and atl losses, liability, damages, claims, suits, actions, administrative proceedings, demands, and litigation, and all expenses and costs relating to acts or omissions of the indemnitor, its officers, agents, employees, or representatives arising out of or incidental to performance under this Agreement. No Party assumes liability for the acts or omissions of persons other than that Party's respective officers, agents, employees or representatives. S. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. • T. AMENDMENT: This Agreement may not be amended or modified except in a writing executed by a majority of all Parties. 23 • • U. NOTICE: Notice to members shall be deemed given when mailed to them, first class, postage prepaid, or faxed to the address or fax number set out by their signatures. V. SEVERABILITY: Should any part, term or provision of this Agreement be determined by a court to be illegal or unenforceable, the remaining portions or provisions of this Agreement shall nevertheless be carried into effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. DATED: COUNTY OF ORANGE, a political sub- division of the State of California C By Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: • Kathleen Goodno Acting Clerk of the Board of Supervisors of Orange County, California NOTICE TO THE COUNTY OF ORANGE TO BE GIVEN TO: Loletta M. Barrett, Emergency Manager 2644 Santiago Canyon Rd. Silverado, CA 92676 -9719 FAX: (714) 834 -7354 APPROVED AS TO FORM: Lawrence M. Watson Chief Assistant County Council By Ann E. Fletcher, Deputy • Dated: 24 OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS • DATED: City of Newport Beach m ATTEST: m (signature) (type name) (title) NOTICE Date NOTICE TO CITY TO BE GIVEN TO: City Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 FAX: (714) 644 -3339 APPROVED AS TO FORM: (signature) (type name) • (title) Dated (signature) (type name) (title) • • Orange (gountU !Hire (gtiiefs' Assoriation October 12, 1995 William G. Steiner, Chairman Emergency Management Council 10 Civic Center Plaza Santa Ana, CA 92701 SUBJECT: OPERATIONAL AREA AGREEMENT Dear Chairman Steiner: As the Orange County Fire Chiefs' representative, I have reviewed the Orange County Operational Area Agreement dated October 3, 1995. The Fire Chiefs' of Orange County agree with several of the changes made in the agreement, however, two (2) serious concerns remain which causes us to be opposed to the agreement's present language. The specific issues are as follows: Operational Area Coordinator responsibilities as stated on page 13, section G, (1), a The kroblem In the October 3, 1995 draft agreement, the Law Enforcement Mutual Aid Coordinator has been assigned as the Operational Area Coordinator for earthquakes. Although this assignment replicates what the Countydoes, it does not replicate what tal most every city within Orange Camrty does. That is, the lead agency assigned for earthquakes is the Fire Department. Earthquake responses include: fires, rescues from collapsed buildings, emergency medical and hazardous materials spills. All of these functions are Fire Department responsibilities. Assigning Earthquake coordination to Law Enforcement is like assigning not management to Fire Departments. The solution: The Fire and Rescue Mutual Aid Coordinator should be assigned as the Operational Area Coordinator for earthquakes. Operational Area Coordinator responsibilities as stated on page 13, section G, (1), c The mroblem The Public Works Mutual Aid Coordinator has been assigned as the Operational Area Coordinator for oil spills. However, m every city within Orange County, the lead agency for all hazardous materials incidents, including oil spills, is the Fire Department. Oil spill responses are handled mcdy the same as any hazardous materials incident. The hazardous materials teams are called to the scene as fast responders. All bazandous materials teams within Orange County are provided through Fine Departments. The 1990 American Trader Oil Spill is an example of an oil spill incident that was Fire Department managed by every invaoived coastal city m Orange County . Public Work's first priority is NOT public safety as is Fire Department and Law Enforcement, • • The Solution: The Fire and Rescue Mutual Aid Coordinator should be assigned as Operational Area Coordinator for Hazardous Materials incidents including oil spills. • The Orange County Fire Chiefs' Association is requesting that the Operational Area Agreement be revised to include these organizational changes. These issues are extremely important when a major earthquake or oil spill strikes our County. Sincerely, Michael P. Dolder, President Orange County Fire Chiefs' Association c: Robert D'Amato, President Orange County City Managers' Association Loletta Barrett, Orange County Emergency Management • •