HomeMy WebLinkAboutC-8638-1 - 2020 Orange County Operational Area Agreement of the County of Orange and Political SubdivisionsOrange County
Operational Area Agreement
of the County of Orange
and Political Subdivisions
January 2020
Orange County Operational Area Agreement
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Table of Contents
I. Recitals....................................................................................................................................iv
Section One. Operational Area Establishment............................................................................... 1
1.1 Operational Area Established........................................................................................... 1
1.2
Local Authority................................................................................................................. 1
Section
Two. Operational Area Council, Executive Board and Subcommittees .............................
2
2.1
Operational Area Signatory Council.................................................................................
2
2.2
Operational Area Executive Board...................................................................................
3
2.3
Orange County Emergency Management Organization..................................................
5
SectionThree.
Responsibilities.......................................................................................................
8
3.1
Operational Area Jurisdiction Responsibilities.................................................................
8
3.2
County -Specific Responsibilities.......................................................................................
9
Section
Four. Operational Area Coordinator and Operational Area Manager .............................
11
4.1
Operational Area Coordinator.......................................................................................
11
4.2
Operational Area Manager............................................................................................
11
Section
Five. Operational Area Response Systems.......................................................................
13
5.1
Operational Area Emergency Operations Plan..............................................................
13
5.2
Operational Area Emergency Operations Center..........................................................
13
Section
Six. Operational Area Finance..........................................................................................
14
6.1
Operational Area Expenses and Revenues....................................................................
14
Section
Seven. Operational Area Agreement Administration......................................................
16
7.1
Existing Agreements.......................................................................................................
16
7.2
Effective Date.................................................................................................................
16
7.3
Withdrawal.....................................................................................................................16
7.4
Indemnification..............................................................................................................
16
7.S
Counterparts..................................................................................................................
16
7.6
Interpretation.................................................................................................................
16
7.7
Ambiguities.....................................................................................................................17
7.8
Amendment....................................................................................................................17
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I. Recitals
OPERATIONAL AREA AGREEMENT
OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS
THIS AGREEMENT is entered into this day of , 20_, 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 (b) of the California Emergency
Services Act, hereinafter referred to as Subdivisions, collectively hereafter referred to as the Parties.
WITNESSETH:
WHEREAS, it is the intent of the Parties hereto to coordinate prevention, preparedness, response, recovery and
mitigation efforts for the safety of persons and property from the effects of natural, human -caused, or war -
caused disasters, hereinafter referred to as emergencies, as required by the California Emergency Services Act
and the Standardized Emergency Management System (SEMS) Regulations, Title 19 California Code of
Regulations Sections 2400 et seq.; 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 among the local governments within the geographic area of the County, and to serve as the
coordination and communication link between the local government level and the regional level of the State;
and to use multi -agency or inter -agency coordination to facilitate decisions for overall operational area level
emergency response activities; and
WHEREAS, this Agreement is intended to provide for the continued management of the Operational Area;
cooperative and mutual handling of duties and responsibilities of the Operational Area Lead Agency;
coordination of the emergency functions of the Operational Area with all other public agencies, corporations,
organizations, and affected private persons within the Operational Area; 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, in accordance with the requirements of California laws and regulations the County previously
adopted Orange County Codified Ordinances, section 3-1-5 and Resolutions 81-1104 and 95-870 and intends to
adopt an updated resolution for this Agreement to support emergency management planning and coordination
of all political subdivisions within the Orange County geographic area as required by State law; and
WHEREAS, Orange County Board of Supervisors Resolution 05-144 adopted the National Incident Management
System (NIMS) for the Orange County Operational Area which sets many of the same objectives as the
Standardized Emergency Management System;
NOW THEREFORE, the Parties hereto agree as follows:
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Section One. Operational Area Establishment
1.1 Operational Area Established
The entire geographic area of Orange County constitutes an Operational Area (OA) for the
purposes of coordinating the prevention, preparedness, response, recovery and mitigation
efforts for the safety of persons and property from the effects of natural, human -caused or war
caused disasters, hereinafter referred to as emergencies. All local governments should cooperate
in organizing an effective OA, but the OA authority and responsibility is not affected by the non -
participation of any local government. The County of Orange shall be the Operational Area Lead
Agency as specified in Title 19 California Code of Regulations Section 2409(d).
1.2 Local Authority
In the event of an actual or threatened emergency, each jurisdiction shall retain the authority
provided for by law respecting its jurisdiction. No body created by this Agreement can bind
Parties to legal or financial obligations.
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Section Two. Operational Area Council, Executive Board and Subcommittees
2.1 Operational Area Signatory Council
All political subdivisions within the geographic area of Orange County, California are organized
into the OA, regardless of signatory status.' The OA Signatory 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.
2.1.1 Membership
By approval and execution of this Agreement, all Subdivisions in the County of Orange, including
cities, school districts, community college districts, special districts, joint powers authorities, and
the County, are members of the Council. Each signature party shall designate annually in writing
to the Orange County Sheriff's Department Emergency Management Division, hereinafter
referred to as county emergency management, one primary and one alternate representative of
its governing body to serve on the Council.
2.1.2 Responsibilities
It is not the intent of this Agreement that there be regular meetings of the Council. In routine
matters and day-to-day decision-making, the OA Executive Board (as described in Section 2.2)
will represent the interests of the OA. However, the Council shall have authority over the major
policy issues of the OA, as determined by the Executive Board, including adoption of any
amendments to this Agreement or adoption of any fees to support OA coordination activities.
Council members will receive information regarding major OA policy issues from the Executive
Board, when necessary, for consideration at their respective governing body meetings.
Furthermore, whenever a majority of the Council determine that an issue should be brought
before the Council, it shall be done irrespective of whether the Executive Board has identified it
as a major policy issue.
2.1.3 Representatives Meeting
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. Should it be necessary for the
Council to meet, each member of the Council shall be entitled to one vote. The representatives
present shall, by majority vote, select a Chair Pro Tem for that meeting from among the
representatives present. A majority of all Council member representatives shall constitute a
quorum for the transaction of business relating to the OA. 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 further the
' Title 19 California Code of Regulations Section 2409
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objectives of the OA. Voting will be conducted in accordance with Robert's Rules of Order. All
meetings will be noticed and conducted in accordance with the Brown Act.
2.2 Operational Area Executive Board
2.2.1 Membership
The Council shall have an OA Executive Board, hereinafter referred to as the Executive Board,
consisting of sixteen voting members. The Executive Board includes representatives from the
County Board of Supervisors, public safety agencies and Mutual Aid Coordinators, key County
departments, and OA jurisdictions. Individuals will only serve as a voting member in one role for
any single meeting and for purposes of determining quorum.
Executive Board Members
1. The Chair of the Orange County Board of Supervisors
2. The County Executive Officer
3. The OA Law Enforcement Mutual Aid Coordinator, the Orange County Sheriff
4. The OA Fire & Rescue Mutual Aid Coordinator, as selected by the Orange County Fire
Chiefs Association
5. The OA Public Works Mutual Aid Coordinator, the Orange County Public Works Director
6. The OA Health Care Mutual Aid Coordinator, the Orange County Health Care Agency
Director
7. The OA Water/Wastewater Mutual Aid Coordinator
8. The Orange County Social Services Agency Director
9. A representative selected jointly from the Orange County City Managers Association
10. A representative from the Orange County Chiefs of Police and Sheriff's Association
11. A representative from the Orange County Fire Chiefs Association
12. A representative from the Orange County City Engineers and Public Works Directors
Association
13. A representative from Independent Special Districts of Orange County
14. The Orange County Superintendent of Schools, representing Orange County K-12
School Districts
15. A representative selected jointly from Orange County Community College Districts
16. The Orange County Transportation Authority Chief Executive Officer
Terms, Alternotes and Voting
Executive Board members subject to being "selected," which are enumerated above as numbers
4, 9-13 and 15, shall be appointed by their respective agency, jurisdiction or organizations
annually and shall serve at the discretion of their organization for one year. Each jurisdiction,
agency or organization shall also designate three alternate representatives. Individuals appointed
to the Executive Board can be the same or different than those identified in Section 2.1.1 as a
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member jurisdiction's Council primary or alternate representative. In no circumstances shall one
individual occupy more than one Executive Board position or count as more than one member
for purposes of determining quorum.
Each Executive Board member, or alternate in the absence of the voting member for whom
he/she is the designated alternate, shall be entitled to one vote, A majority of the Executive Board
(9 members) shall constitute a quorum for the transaction of business relating to the OA. 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 achieve the objectives of the OA. Voting will be conducted in accordance
with Robert's Rules of Order. The OA Executive Board is a Brown Act meeting and is noticed and
conducted as such.
Operational Area Executive Board Chair and Vice -Chair
The Chair and Vice Chair shall be elected annually 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.
Meetings
The Executive Board shall meet quarterly or as designated by the Executive Board Chair.
2.2.2 Responsibilities
The Executive Board shall have oversight of the actions of the OA Manager (as described in
Section 4.2) in the daily operations and administration of the OA. The Executive Board's oversight
authority shall include directing the development, establishment, and implementation of the
policies of the OA, and keeping the Council informed of its actions. The Executive Board shall
determine which major policy issues of the OA require Council approval and shall seek such
approval.
Policy and Operational Area Emergency Operations Plan
The Executive Board will establish OA policy, review and approve the OA Emergency Operations
Plan (EOP) and Annexes, and maintain these documents as required by SEMS and NIMS.
Mutual Aid Plans and Agreements
The Executive Board shall review proposals of emergency mutual aid plans and agreements and
make recommendations on endorsement of such proposals to governing boards of Subdivisions.
Laws, Rules, Legislation and Regulation
The Executive Board shall review and may recommend for action or adoption by Subdivisions,
emergency and mutual aid plans, agreements, ordinances, resolutions, and any rules and
regulations necessary to implement such plans and agreements. The Executive Board may also
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study, review, and make recommendations on State and Federal legislation and policy as
appropriate, and on matters referred to the Executive Board in writing by Council members.
Operational Area Executive Board Emergency Advisory Capacity
The Executive Board may be convened by the Chair or the OA Coordinator, as described in Section
4.1, to review a potential or actual emergency situation and make and receive appropriate
recommendations from the OA Coordinator and Council members to facilitate a coordinated OA
response.
2.2.3 Subcommittees and Working Groups
The Executive Board may establish standing and ad hoc subcommittees and working groups to
complete its work and to ensure communication and coordination between all interested
persons or groups. Subcommittees and working groups shall elect a Chairperson and provide
appropriate staff support from their participants. The OA Manager shall provide coordination
between these subcommittees and the Executive Board only.
2.3 Orange County Emergency Management Organization
There is hereby established a standing subcommittee to the Executive Board, the Orange County
Emergency Management Organization, hereinafter referred to as OCEMO. OCEMO is a
collaboration and coordination body tasked with developing the plans, procedures, and
associated documents necessary for a robust Operational Area emergency management
program. The County and all Subdivisions shall be expected to participate in OCEMO, to the
maximum extent possible, with the understanding that the cooperative maintenance of the OA
EOP, policies and procedures, training and exercises is necessary to ensure that the OA EOP,
policies, procedures, training and exercises meet the emergency needs of the Subdivisions,
County, and OA.
2.3.1 Membership
The entire OCEMO body ("Members at Large") consists of three groups of representatives
involved in some capacity of an emergency management function, as defined below and in the
OCEMO Bylaws.
Signotory Members
Staff members with primary emergency management responsibilities from signatory agencies to
this agreement are considered Signatory Members. Each signatory jurisdiction shall identify a
primary and secondary representative who shall have the right to vote on behalf of the
jurisdiction. To ensure compliance with the Brown Act, no more than eight OCEMO members
who are also voting members of the OA Executive Board shall be present at any OCEMO meeting.
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Collaborative Members
Representatives of other government, non-profit, or private agencies that are not signatories to
this agreement and are not currently represented by a Signatory or Collaborative Member, but
are considered to have a significant role in OA planning, response and recovery processes are
considered Collaborative Members. Collaborative members must be approved by Signatory
Members and have limited voting rights as outlined in the OCEMO Bylaws.
Associate Members
Other representatives of organizations interested in participating in OCEMO activities, and who
may provide input into the OA EOP, annexes, and supporting Standard Operating Procedures
(SOPS) are considered Associate Members. Associate members have no voting rights.
2.3.2 Responsibilities
As a subcommittee to the Executive Board, the responsibilities of OCEMO are to meet the
following objectives as they relate to disaster and emergency prevention, preparedness,
response, recovery and mitigation within the OA:
Operational Area Plans, Annexes, and Standard Operating Procedures
• Participate in revisions and updates of the OA EOP and associated Annexes and SOPS
developed and maintained by county emergency management staff as described in
Section 3.2. Once completed, plans and the associated Annexes reviewed by OCEMO
shall be forwarded to the OA Executive Board for approval.
Training and Exercises
• Coordinate training and exercises for the OA, to include after action discussions, lessons
learned and professional development.
Public Education and Outreach
• Coordinate the development of public education and whole community emergency
preparedness programs.
Legislation
• Review and report on legislation impacting emergency plans and programs, and propose
concepts for new legislation for consideration by the Executive Board.
Other
• Other duties as assigned by the Executive Board.
2.3.3 OCEMO Leadership
The OCEMO Leadership shall consist of the OCEMO Chairperson, First Vice Chairperson and
Second Vice Chairperson, elected in accord with the OCEMO Bylaws, the OA Manager and the
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immediate past Chairperson. Any Signatory or Collaborative Member shall be eligible to serve as
a candidate for OCEMO Chairperson, First Vice Chairperson, and Second Vice Chairperson as
outlined in the OCEMO Bylaws.
2.3.4 Organization and Procedures
OCEMO will maintain and approve Bylaws. The Bylaws will define, at a minimum, OCEMO
purpose, membership, leadership duties, elections, voting procedures, official meeting
frequency, and the process for amending the Bylaws. The Bylaws shall in all instances be
consistent with this Agreement.
OCEMO will review the Bylaws, as needed. Any amendments to the Bylaws will be approved by
OCEMO Signatory Members, as detailed in the OCEMO Bylaws.
If OCEMO identifies the need for additional Subcommittees or working groups, OCEMO members
participating in that subcommittee or working group shall provide staff support.
2.3.5 Administrative Support
The County shall provide administrative support to OCEMO as follows:
• Attend all OCEMO and OCEMO Leadership meetings
• Maintain a contact list of the primary and alternate representatives of each OCEMO
member
• Organize and manage OCEMO Leadership elections and votes on other issues
• Notify members of their appointment to office or subcommittees
• Create and distribute OCEMO meeting agendas
• Take and transmit OCEMO meeting minutes
• Maintain official OCEMO records, including agendas and minutes, in compliance with
County record retention policies.
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Section Three. Responsibilities
3.1 Operational Area Jurisdiction Responsibilities
Subdivisions of the OA have the responsibilities as set forth below:
Participation
Actively participate as a member jurisdiction in the Council, Executive Board (if designated), and
subcommittees such as OCEMO.
Cooperation
Promote cooperation among all Subdivisions in order to improve the overall OA emergency
management program.
Emergency Management Program
Develop an emergency management program to provide for the needs of the Subdivision, which
shall be complementary to and compatible and coordinated with the needs of the OA in the event
of an emergency.
Emergency Plan and Organization
Develop and maintain an EOP and organization to provide for the emergency needs of the
Subdivision according to SEMS Regulations and NIMS, and coordinate with and, where able,
support other Subdivisions, the County, and the OA Emergency Operations Center (EOC).
Procedures
Develop Subdivision procedures that outline the steps necessary to satisfy responsibilities as a
member jurisdiction of the OA.
Training and Exercises
Maintain a thorough knowledge of the Parties' and OA's EOPs 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. Conduct regular exercises and participate in regional exercises,
when offered.
Emergency Assistance
Parties shall offer assistance to other jurisdictions and secondary and relief support to the OA
within the limits of capabilities and according to applicable mutual aid agreements. Parties should
participate in mutual aid agreements wherever possible.
Resource Lists
Maintain current resource listings of staff, facilities, equipment and supplies available in the
jurisdiction for use in the event of an emergency.
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Critical Points of Contact
Identify 24-hour or other critical points -of -contact for the Subdivision that may be used by the
OA EOC during emergency operations. If the points -of -contact are individuals, identify a primary
and at least three alternates for each. Inform county emergency management staff when critical
points -of -contact change or are updated.
Disaster Recovery and Financial Reimbursement
Subdivisions have ultimate responsibility for their own recovery program and will work directly
with FEMA and Cal OES throughout the cost recovery process. Each Subdivision is individually
responsible for developing, submitting, and receiving their own emergency aid, loans or grants
from any source including local, state, and federal governments. Each is individually responsible
for the timeliness, accuracy, and compliance of its own expenditures submitted for
reimbursement through such mechanisms.
3.2 County -Specific Responsibilities
The County acts as the OA Lead Agency. The OA Lead Agency has the following responsibilities to
the OA in addition to those responsibilities specified under Section 3.1 of this Agreement:
24 -Hour Contact Point
The County will serve as the 24-hour contact point for the OA and act as lead in activating the OA
EOC, hereinafter referred to as OA EOC.
Operational Area Emergency nperotions Center
The County EOC and Alternate EOC (as designated) shall serve as the OA EOC. The OA EOC shall
exist as a dedicated essential facility and be capable of serving as the central point for:
• coordinating information and resources with OA subdivisions
• coordinating all levels of government as a component of Orange County's Multiagency
Coordination System (MACS)
• coordinating with other OAs
• reporting information to and coordinating with the California Office of Emergency
Services (Cal OES) Southern Region EOC
County emergency management staff shall be responsible for ensuring the OA EOC is maintained
in a state of constant readiness, in accord with the FEMA Emergency Operations Center
Assessment Checklist and ASTM E2668 — Standard Guide for Emergency Operations Center
Development, or subsequent standards if revised.
Initial EOC Activation Staffing
The County shall provide initial OA EOC activation staff. Subdivisions with available resources may
provide secondary and relief OA EOC staffing.
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Disaster Recovery and Finonciol Reimbursement
The County shall be responsible for coordinating the formal recovery process through Cal OES
and FEMA and will assist with:
• Coordinating initial OA disaster recovery
• Scheduling damage assessment site visits
• Other duties as outlined in the Recovery Annex to the OA EOP
Operational AreoFmergency Operotions Plan and Annexes
County emergency management staff shall be responsible for coordinating with the Orange
County Emergency Management Organization to maintain and revise the OA EOP, annexes and
SOPS as directed by the Executive Board.
Operotionol Area Executive Boord Support
County emergency management staff shall provide support to the Executive Board for agendas
and minutes for meetings and coordinating follow-up only.
Subcommittee and Working Group Support
County emergency management staff shall provide support to Executive Board subcommittees
and working groups.
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Section Four. Operational Area Coordinator and Operational Area Manager
4.1 Operational Area Coordinator
By this Agreement, the Council creates and recognizes the position of an OA Coordinator,
hereinafter referred to as the Coordinator. During an emergency the OA Coordinator position
will be filled by the Orange County Director of Emergency Services, as specified by Section 3-1-6
of the Orange County Code of Ordinances and County Board of Supervisors Resolution 12-036,
as presently existing or as hereafter amended.
4.1.1 Powers and Duties
The Coordinator shall direct and coordinate the OA during times of emergency, In addition to
his/her responsibilities as Director of Emergency Services, the Coordinator shall have the
additional duties and powers, as described below and in the OA EOP:
Direction and Coordination
Serve as key decision -maker in the OA EOC, providing direction and coordination necessary to
accomplish the purposes of this Agreement and responsibilities of the OA Lead as specified in
Title 19 California Code of Regulations Section 2409(e).
Operational Area Representative
Represent the OA in all dealings with the public or private agencies on matters pertaining to
emergencies as defined in Section 3-1-2 of the Orange County Code of Ordinances.
4.2 Operational Area Manager
By this Agreement, the Council creates and recognizes the position of an OA Manager. The OA
Manager shall be the County Emergency Manager as specified in Section 3-1-6 of the Orange
County Code of Ordinances and County Board of Supervisors Resolution 12-036, as presently
existing or as hereafter amended.
4.2.1 Powers and Duties
The OA Manager shall have the following powers and duties:
Administration of Operational Area Agreement
On a day-to-day basis, ensure County -specific responsibilities detailed in Section 3.2 are met.
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 OA staff with the Executive Board.
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Daily Coordination and Assistance
Direct the daily coordination and cooperation between the county emergency management staff,
Subdivisions, 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.
Notification of Emergency Operations Center Activation
Notify the Board of Supervisors, the Executive Board, and OCEMO of an OA EOC 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.
OCEMO Support
Serve on OCEMO Leadership. Provide support to OCEMO for agendas, minutes and
administrative support only. Staff support to OCEMO subcommittees shall be provided by
OCEMO members.
Budget and Staffing
Develop an annual operating budget and staffing recommendations, and monitor the
expenditures at the direction of the Executive Board.
After Action Reports
Coordinate with OCEMO for the development of after action reports for the Executive Board
following activations of the OA EOC.
Resource Coordination
Act as the coordination point between Subdivisions and the Cal OES on a day-to-day basis for
Emergency Management Mutual Aid (EMMA) resource requests, in accordance with the State of
California Emergency Management Mutual Aid Plan. The OA Manager may also coordinate other
OA mutual aid requests, as appropriate.
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Section Five. Operational Area Response Systems
5.1 Operational Area Emergency Operations Plan
Under the direction of the Executive Board, county emergency management staff shall be
responsible for maintaining the OA EOP, which shall provide for the effective mobilization of all OA
resources, both public and private, to meet any condition constituting an emergency; and shall
provide for the organization, powers and duties, and staff of the OA emergency response
organization. This responsibility is inclusive of the EOP and any associated Annexes and SOPs.
5.1.1 Compliance
The OA Emergency Operations Plan shall comply with applicable local, state and federal planning
criteria, including NIMS and SEMS.
5.1.2 Functional Assignments
The OA EOP shall include the functions assigned to the mutual aid organizations, County
agencies/departments and Subdivisions. It shall be the responsibility of agency/department heads
and Subdivisions to appoint staff who shall report to the OA EOC and carry out the assigned duties
as appropriate.
5.1.3 Approval
Updates and revisions to the OA EOP and annexes will be effective on approval by the Executive
Board. SOPS and other support documents may be updated on an ongoing basis by county
emergency management staff as long as changes are consistent with approved plans and annexes.
5.2 Operational Area Emergency Operations Center
5.2.1 Location
The primary and dedicated County EOC located at 2644 Santiago Canyon Rd., Silverado, California,
or alternate as designated, shall serve as the OA EOC. Communication connection to the OA EOC
shall be the responsibility of each Subdivision and Mutual Aid Coordinator or their representative.
5.2.2 Required Activation
Activation of the OA EOC is required under the conditions defined by SEMS, Title 19 California Code
of Regulations Section 2409(f), the Orange County OA EOP and associated Annexes.
5.2.3 Staff for the Operational Area Emergency Operations Center
The County shall provide initial OA EOC activation staff. Subdivisions with available resources shall
provide secondary and relief OA EOC staffing. Emergency management or other mutual aid shall be
used to staff the OA EOC as necessary. The Countydeclares its willingness to provide a staff member
to an impacted Subdivision's EOC or Incident Command Post to act as an OA coordination point, if
desired by the Subdivision and as personnel availability and safety concerns allow.
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Section Six. Operational Area Finance
6.1 Operational Area Expenses and Revenues
Operational Area Administrative Expenses
This Agreement recognizes that there are day-to-day costs associated with OA administration and
emergency management activities; these costs are separate from County -specific emergency
management activities. The County shall provide administrative staffing for the OA to carry out the
duties as delineated in Section 3.2 and Section 4 of this Agreement; however, the County shall not
be solely responsible for the costs of administering the OA.
The County Board of Supervisors has the over -arching authority and responsibility to approve the
county emergency management budget that supports both County and OA emergency management
activities.
To offset costs of the OA, the Executive Board shall be responsible for the acquisition and
distribution of federal, state, and business or private foundation emergency management grant
funds. For emergency management grant funds made available to the OA for distribution among
the Subdivisions, the Executive Board will review and approve proposed funding allocation methods.
Their review will take into consideration recommendations from OCEMO, acting in their role as
subcommittee to the Executive Board. To offset administrative costs, a percentage of such grants
may be allotted to the OA before apportionment among the subdivisions. If funding becomes
available with a short application period that does not allow for OCEMO, Executive Board, and
County Board of Supervisors pre -approval, then approval will be sought retroactively through the
ratification process set forth by the County Board of Supervisors.
The County or any Subdivision may fund through general or special funds any services, supplies, or
programs that they separately orjointly determine are necessaryto comply with laws or regulations,
or that serve the purposes of emergency prevention, preparedness, response, recovery and
mitigation on an OA level.
Costs of Operational Areu during Emergency Response and Recovery
During emergencies, all OA jurisdictions shall be expected to participate to the maximum extent
possible, according to mutual aid and other agreements, with the understanding that during an
emergency, the priorities are life safety, property, and the environment (in that order), regardless
of which jurisdiction is impacted. This Agreement incorporates by reference the reimbursement
concepts of the Emergency Management Assistance Compact, the California Disaster and Civil
Defense Master Mutual Aid Agreement, and the State of California Emergency Management
Mutual Aid Plan. Expenditures made in connection with such emergency activities required by this
Agreement, the California Emergency Services Act and/or SEMS, including mutual aid activities,
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shall be deemed conclusively to be for the direct protection and benefit of the persons and
property in the OA.
In deciding the level of OA response and resource commitment during emergencies, the County and
Subdivisions agree to operate according to the EOP and supporting documents defined in Section
5.1 of this Agreement.
Financial Reimbursement and Recovery Followinq Fmerqencies
The County and each Subdivision are each individually responsible for developing, submitting, and
receiving their own emergency aid, loans or grants from any source including local, state, and federal
governments. Each is individually responsible for the timeliness, accuracy, and compliance of its own
expenditures submitted for reimbursement through such mechanisms.
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Section Seven. Operational Area Agreement Administration
7.1 Existing Agreements
Nothing contained in this Agreement shall be construed as superseding or modifying any existing
agreements, including mutual aid agreements, except for superseding the existing OPERATIONAL
AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS dated October 3,
1995, and addenda; and nothing herein shall be construed as preventing any Party from entering
into or modifying mutual aid or other emergency response agreements.
7.2 Effective Date
This Agreement shall become effective six months after 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.
7.3 Withdrawal
Any Party may withdraw from this Agreement by providing written notice to county emergency
management staff. Said notice shall be given 30 days before withdrawal from this Agreement.
7.4 Indemnification
Each Party shall defend, indemnify, and hold harmless the other Parties, and their officers,
agents, employees and representatives from any and all losses, liability, damages, claims, suits,
actions, administrative proceedings, demands, and litigation, and all expenses and costs relating
directly to the negligent or otherwise wrongful 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.
7.5 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.
7.6 Interpretation
Save to the extent that the context or the express provisions of this Agreement otherwise
require:
• Headings and sub -headings are for ease of reference only and shall not be taken into
consideration in the interpretation or construction of this Agreement;
• All references to Parts, Sections, and Paragraphs are references to Parts, Sections and
Paragraphs contained herein;
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Orange County Operational Area Agreement
• All references to any ordinance, resolution, law, regulation or guidance shall include
references to any ordinance, resolution, law, regulation or guidance which amends,
extends, consolidates or replaces the same or which has been amended, extended,
consolidated, supplemented, substituted, novated, replaced, or assigned by the same and
shall include, without limitation, any instrument, proclamation, bylaw, directive, decision,
regulation, rule, order, notice, codes of practice, code of conduct, rule of court,
instrument or delegated or other subordinate legislation thereto;
• The words "herein", "hereto" and "hereunder" refer to this Agreement as a whole and
not to the particular Section, or Paragraph in which such word may be used;
• Any reference to a public organization or representative shall be deemed to include a
reference to any successor to such public organization or representative or any
organization or entity or representative which has taken over the functions or
responsibilities of such public organization or representative.
7.7 Ambiguities
In the case of any ambiguity or discrepancy:
• Between the provisions in this Agreement and the provisions of any underlying Executive
Order, law, or regulation, the provisions of underlying Executive Order, law, or regulations
will be incorporated by approval of the Executive Board and written notice shall be
provided to all Parties.
• Between the provisions in this Agreement and the provisions of any underlying mutual
aid agreement or EOP, the provisions of this Agreement shall prevail until such time as
the OA Executive Board considers the matter and notice of proposed resolution to such
issues are provided to all Parties.
7.8 Amendment
This Agreement may not be amended or modified except in a writing executed by a majority of
all signature Parties as defined by Section 2.1 of this Agreement.
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Attachment S
OPERATIONAL AREA AGREEMENT
OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS
DATED: 2/23/2021 Newport Beach
(City or Jurisdiction)
BY
Br Avery, Mayor
Newport Beach
ATTEST:
Leilani Brown, City
City of Newport Beach
Date: 2/23/21
NOTICE TO CITY OF NEWPORT BEACH TO BE GIVEN TO:
Katie Eing
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
(949) 644-3670
APPROVE TO FORM:
A on Harp, City Attorney
City of Newport Beach
Dated: 2/23/21