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HomeMy WebLinkAboutItem 4.5 - 1239 Operational Area Emergency Management Organ Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution approving continued participation in the Agreement for Participation in Alameda County Operational Area Emerge ncy Management Organization, as it was approved by the Alameda County Board of Supervisors on May 10, 2016. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Agreement for Participation in Alameda County Operational Area Emergency Management Organization. FINANCIAL IMPACT: None. DESCRIPTION: As a result of the 1991 East Bay Hills firestorm, State Senator Nicholas Petris sponsored legislation that establishes a standardized emergency management system, or SEMS, in California. An important component of SEMS is the Operational Area, defined as: An intermediate level of the state emergency services organization consisting of a county and all political subdivisions within the county area [California Government Code, § 8559 (b)]. State regulations assigned responsibility for developing the Operational Area Emergency Management Organization to the local board of supervisors. In January 1995, the Alameda County Board of Supervisors accepted the recommendation to form a task force to implement an Operational Area in Alameda County, and adopted the Page 2 of 2 Agreement for Participation in the Alameda County Operational Area Emergency Management Organization. The City of Dublin adopted the initial Agreement in May 1995, and then again in June 2005, which expired on December 31, 2015. The Alameda County Board of Supervisors recently adopted a new Agreement consisting of substantially the same elements as the previous one. The key components of the Agreement are as follows: · A partnership for exchanging disaster intelligence, mutual aid requests, and resource requests in emergencies; · Allows for cooperative training and exercise; · No monetary compensation is required of participants to be members of the organization; · The State’s SEMS regulations and guidelines guide the policies and procedures of the organization; · The Sheriff/Director of Emergency Services is the Operational Area Coordinator responsible for assuring the representation of all affected jurisdictions in decision-making before, during, and after a disaster occurs; and · A representational Operational Area Council is established to review and approve policies and procedures for the organization and serve as Alameda County’s Civil Defense and Disaster Council. Past disasters have shown that interage ncy coordination is crucial to the successful response to disasters. The City of Dublin’s continued participation in the Operational Area Emergency Management Organization is a key component in accomplishing that goal. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution - Adopting the Agreement for Participation in Alameda County Operational Area Emergency Management Organization 2. Exhibit A to the Resolution - Agreement for Participation in Alameda County Operational Area Emergency Management Association RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING THE AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION WHEREAS, the potential for a major catastrophe due to natural or human- caused disaster causes all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the County of Alameda, other cities, special districts, and other public benefit non -profit corporations together in pre- disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the “operational area” and defines it as “an intermediate level of the state emergency services organization” created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Agreement for Participation in Alameda County Operational Area Emergency Management Organization attached hereto as Exhibit A, as it was approved by the Alameda County Board of Supervisors on May 10, 2016; and BE IT FURTHER RESOLVED, that the City Manager designate, in writing, the following: 1) Individuals who will be provided training and orientation on the policies and procedures so that they may represent the City in the Operational Area Emergency Management Organization; and 2) A line of succession of officials who are empowered to represent the City in the Operational Area Emergency Management Organization . BE IT FURTHER RESOLVED, that the City Manager will provide these two lists to the Alameda County Operational Area Emergency Management Or ganization within thirty (30) days of adoption of this resolution. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION This Agreement is made this \Dl'hday of K.~ , 2Cl ~by and between the County of Alameda and the cities , special districts, and othe; public benefit non-profit corporations that are parties to this Agreement. WHEREAS , the potential for a major catastrophe du e to natural or manrnade disaster requires all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS , greater efficiency and disaster preparedness response , recovery , and mitigation can be achieved by joining the efforts of the County of Alameda, the Cities, Special Districts , and other public benefit non-profit corporations together in pre-disaster agreements ; and WHEREAS, the California Emergency Services Act makes reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization" created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources ; THE COUNTY, CITIES, SPECIAL DISTRICTS, AND OTHER PUBLIC BENEFIT NON-PROFIT CORPORA TIO NS AGREE AS :FdLLOWS: 1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION The parties to this Agreement recognize an Operational Area, as the term is defined in the California Emergency Services Act (California Government Code §8550 et seq .) which designates an intermediate level of organization , cooperation, and planning between public entities within Alameda County boundaries . The County of Alameda, cities , special districts, and other public benefit non-profit corporations that are parties to this Agreement shall participate in this organizational structure, which is a partnership for a systematic approach for exchanging disaster intelligence, mutual aid requests , and resource requests in emergencies and also to provide emergency preparedness on a day-to- day basis through cooperative training and exercise activities . ' The Operational Area Emergency Management Organization will be the primary contact point during an emergency in Alameda County for sharing disaster intelligence among local agencies and between the Operational Area Emergency Management Organization and state and federal agencies requesting information . ' Alameda County Operational Area Agreement Page 1 () I ~ 0 ~ () t ,[.. ()"\ The Operational Area Emergency Management Organization will assist parties to this agreement to share resources before , during , and after an emergency, as well as to prepare, respond , and recover from disasters that strike Alameda County. The Operational Area Emergency Management Organization will prioritize competing needs according to the policies and procedures approved by the Operational Area Council. Each of the parties to this Agreement will designate individuals to be trained to represent their agency in the Operational Area Emergency Management Organization. The training will be an orientation on the policies and procedures of the Operational Area Emergency Management Organization. E ach party to this Agreement will also designate , in writing, a line of succession of officials who are empowered to represent the party to the Operational Area Emergency Management Organization. 2. CONSIDERATION The consideration under this Agreement is the mutual advantage of protection afforded to each of the parties to this Agre ement. There shall not be any monetary compensation required from any to another party as a condition of assistance provided under the agreement, except for reimbursement of direct costs as designated in mutual aid agreements. Nothing in this agreement shall be construed as altering any preexisting disaster response agreements between the parties. 3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM The Operational Area E mergency Management Organization and its policies and procedures will be re gulated b y the Standardized Emergency Management Sy stem as stated in Californ ia Gov ernment Code §8 60 7, and its implementing regulations , California Code of Regulations, Titl e I 9, Divis ion 2, Offi ce of Em ergency Services, Standardiz ed Em ergency Management Sy stem , and guidelines . The incident command system and a multi-agency coordination system, as described in those regulations and guidelines , will be used for coordination and direction of the parties to this agreement participating in emergency efforts. The Alameda County Emergency Operations Plan shall be the primary method and criteria used to conduct Operational Area Emergency Operations Center activities . 4. OPERATIONAL AREA COO RD INA TOR The Sheriff/Director o f Emergency Services is the Operational Area Coordinator. It is the responsibility of the Operational Area Coordinator to oversee the operation of the Operational Area Emergency Management Organization and to reasonably interpret the terms of this agreement. It is the responsibility of the Operational Area Coordinator to encourage equal representation by parties to the agreement on a day-to-day basis and to include representatives of affected parties to this agreement and mutual aid coordinators in the operational decision making before, during , and after a disaster strikes Alameda County. Alameda County Operational Area Agreement Page 2 5. COUNCIL An Operational Area Council is hereby established consisting of a representational membership of the party jurisdictions to this Agreement. The Council shall include one voting representative from each of the following: a. The President of the Board of Supervisor , or his/her designee; b. The Sheriff/Director of Emergency Services , or his/her designated alternate; c. The Alameda County Administrator, or his/her designated alternate; d. The County Agency Heads having primary functional responsibilities in a disaster, or their designated alternates; Including , but not limited to: l. Auditor-Controller 2. Fire Department 3. General Services Agency 4 . Health Care Services 5 . Human Resource Services 6 . Public Works Agency 7. Sheriffs Office 8. Social Services Agency e. The President of the Alameda County Emergency Managers' Association , or his/her designated alternate; f. The President of the Alameda County Fire Chiefs' Association, or his/her designated alternate ; g . The President of the Alameda County Chiefs of Police and Sheriff's Association, or his/her designated alternate; h. A City Manager of a North County City , or his/her designated alternate , chosen annually by the cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont to represent them in the Council; 1. A City Manager of a South County City , or his/her designated alternate, chosen annually by the cities of Fremont, Hayward , Newark, San Leandro , and Union City to represent them in the Council; J. A City Manager of an East County City, or his/her designated alternate , chosen annually by the cities of Dublin , Livermore, and Pleasanton to represent them in the Council ; Alameda County Operational Area Agreement Page 3 k. A General Manager of a Regional District based in Alameda County , or his/her des ignated alternate, chosen annually by participating regional districts , defined as a special district having service areas in more than one county , to represent them in the Council ; I. A General Manager of a Special District , or his /her designated alternate , chosen annually by participating special districts having their entire service area within the boundaries of Alameda County to represent them in the Council; m. The Alameda County Superintendent of Schools , or his/her designated alternate, to represent the school districts of Alameda County ; n. A Director of a Public Benefit Non-profit Corporation, or his/her designated alternate, chosen annually by the Alameda County Voluntary Organizations Active in Disaster executive committee to represent them in the Council; o. A Chief Executive Officer or President, or his/her designated alternate , of a private sector company doing business in this county that is an active member of the Emergency Managers' Association of Alameda County and is selected annually by the Operational Area Coordinator ; and p . Such representatives of other organizatio~s , either civic , business , labor, veterans, professional or other organizations having ~ official group or organization having disaster responsibility and may be appointed by the Operational Area Coordinator. It is the responsibility of the Operational Area Council to set the policies and procedures for the governing of the Operational Area Emergency Management Organization and to review and approve recommendations for changes to these policies and procedures on an annual basis . The Operational Area Council will also serve as the Alameda County Civil Defense and Disaster Council , as described in the Alameda County A dmini s trative Code , Chapter VI . The County of Alameda will supply staff support for the Operational Area Council. 6. PROVISION OF FACILITIES AND SUPPORT The County of Alameda shall pro v ide its emergenc y b perations center as the site for the Operational Area Emergency Management Organization. The County of Alameda will provide support staff for the emergency operations center and all reasonable supplies for tne Operational Area Emergency Management Organization during actual activations , drills , and exercises. All parties to this Agreement may pro v ide representatives for decision making and liaison to operational elements of the Operational Area Emergency Management Organization when activated . The Operational Area Emergency Management Organization will facilitate the mutual aid systems used by local a gencies to assist each other in a disaster with the resources necessary to sav e lives , mitigate property loss , and meet the basic needs of the people . Alameda County Operational Area Agreement Page 4 7. TERM OF AGREEMENT This Agreement shall be effective from the date executed by all parties until December 31, 2025. This Agreement may be terminated prior to the conclusion of the term by mutual agreement of a majority of the member parties. 8. WITHDRAW AL OF PARTY Any party to this Agreement may withdraw as a party to this Agreement prior to the termination of the term of this Agreement upon giving thirty (30) days prior written notice to all other parties . 9. ADDITIONAL PARTIES Additional parties , who are public entities within the geographical boundaries of Alameda County, may join in this Agreement and become a member party upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement. The executed Exhibit shall become a part of this Agreement automatically after the expiration of thirty (30) days following notification by the new party to all other parties to the execution of the exhibit. Thereafter, the entity shall be considered to be a party of this Agreement unless the entity withdraws as provided herein. Provided however, in the event any existing party to the Agreement gives all other parties notice of its objection to the addition of the particular entity becoming a member to this Agreement within the thirty (30) day notice period, the addition of such party to this Agreement shall require the consent of a two-thirds majority to the then member parties. I 0. INDEMNIFICATION AND HOLD HARMLESS Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury , or death incurred in consequences of the acts or omissions of the indemnifying parties' own employees and agents in the performance of this Agreement. It is the intent of the parties that, where negligence is determined to have been contributory , principles of comparative fault will be followed and each party shall bear the proportionate costs of any loss , damage , expense , and liability attributable to the party's negligence. 11 . SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries , employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the individual. It is understood that each party's employees have no rights , benefits , or special employment status conferred ~y reason of this Agreement. Alameda County Operational Area Agreement Page 5 I • r f IN WITNESS WHEREOF THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT AS FOLLOWS: I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on t1 ~ \O 2.0 \lo ; and that a copy has been delivered to the President as pro v ided by Govemmen CodJ section 25163 . ATTEST: ANIKA CAMPBELL-BELTON Clerk, Board of Supervisors Alameda County , California APPROVED AS TO FORM AND CONTENT: DONNA ZEIGLER By V L. David Nefouse Deputy County Counsel BARBARA LUBBEN Alameda County Operational Area Agreement Page 6