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HomeMy WebLinkAboutReso - CC - 040-1997RESOLUTION 40-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING EXECUTION OF THE REVISED JOINT POWERS AGREEMENT FOR THE SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES ORGANIZATION APPROVED BY THE EMERGENCY SERVICES COUNCIL ON APRIL 17,1997 RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the San Mateo Operational Area Emergency Services Organization provides the City of Burlingame with the basic framework in which to deal with emergencies and disasters that may arise in San Mateo County; and WHEREAS, a revised and updated agreement has been proposed to incorporate changes in State and County organization, NOW, THEREFORE, IT IS ORDERED: 1. The Revised Joint Powers Agreement for the San Mateo Operational Area Emergency Services Organization as contained in Exhibit A hereto is approved, and the Mayor is requested and authorized to execute the Revised Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Mayor's signature on behalf of the City. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19 th day of MAY 1997, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HARRISO.N CITY CLERK BAN MATEO OPERATIONAL AREA JPA REVISION AGREEMENT CONTENTS PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A Definitions . . . . . . . . . . . . . . . . . . . 2 B Establishment of the Emergency Services Organization . . . . 4 C San Mateo Operational Area Emergency Services Council . . . 5 D Participating Partners . . . . . . . . . . . . . . . . . . 7 E Managers' Advisory Committee . . . . . . . . . . . . . . . . 8 F Area Emergency Services Coordinator . . . . . . . . . . . . 9 G Mutual Responsibilities . . . . . . . . . . . . . . . . . 11 H Budget and Cost -Sharing . . . . . . . . . . . . . . . . . 12 IInsurance . . . . . . . . . . . . . . . . . . . . . . . . 15 J Effectiveness . . . . . . . . . . . . . . . . . . . . . . 15 KTermination . . . . . . . . . . . . . . . . . . . . . . . 16 LSupersession . . . . . . . . . . . . . . . . . . . . . . . 16 ATTACHMENT A - List of Parties 3 APRIL 97 i SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION EMERGENCY SERVICES AGREEMENT SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES ORGANIZATION PURPOSE The County of San Mateo (hereinafter referred to as "the county") and the incorporated cities (hereinafter referred to as "the city" or "the cities" as required by the context)within the county which have signed and are parties to this agreement are listed in Exhibit A (which is attached and incorporated by this reference). The county and the cities desire to establish a unified emergency organization (hereby designated as the SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES ORGANIZATION and hereinafter referred to as "the Emergency Services Organization") for the purpose of preparing and carrying out, pursuant to the California Disaster and Civil Defense Master Mutual Aid Agreement previously adopted by the county and the cities and the Standardized Emergency Management System (SEMS), coordinated plans for the protection of persons and property in the event of a disaster, and to jointly purchase, maintain, and operate certain communications systems and a hazardous materials emergency response program: NOW, THEREFORE, in consideration of the mutual covenants herein contained, the county and the cities agree as follows: 3 APRIL 97 1 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION A. DEFINITIONS 1. "Emergency Services" shall mean the preparation for and the carrying out of all emergency functions to prevent, minimize, and repair injury and damage resulting from disasters. 2. "Disaster" shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake, or other similar public calamity, with the exception of any condition resulting from a labor controversy. 3. "State of War Emergency" means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United states, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. 4. "State of Emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city 3 APRIL 97 2 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION and require the combined forces of mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. 5. "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, or earthquake or other conditions, 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 that political subdivision and require the combined forces of other subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. 6. A "mutual aid region" is a subdivision of the state emergency services organization, established to facilitate the coordination of mutual aid and other emergency operations within an area of the state consisting of two or more county operational areas. 7. The "Operational Area" is an intermediate level of the state emergency services organization, consisting of the 3 APRIL 97 3 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION county and all political subdivisions within the county area. In a state of war emergency the operational area shall serve as a link in the system of communications and coordination between the state's emergency operating centers and the operating centers of the political subdivisions comprising the operational area. 8. The "Standardized Emergency Management System (SEMS)' (Government Code Section 8607) is a set of requirements for local, regional, and state emergency response agencies. SEMS requires the use of the Incident Command System, multi -agency or inter -agency coordination, operational areas, and established mutual aid systems. This agreement provides the basis for SEMS in San Mateo County. It establishes a mutual aid operational area that coordinates inter -agency planning and response. The Incident Command System was adopted by the Operational Area and all its parties in 1988. B. ESTABLISHMENT OF THE EMERGENCY SERVICES ORGANIZATION 1. The parties hereby create an entity to be known as the San Mateo Operational Area Emergency Services Organization for coordinated disaster mitigation, preparedness, response and recovery plans and activities to reduce life and property loss in the event of emergencies and disasters in the County and cities. 2. The Organization shall be an entity which is separate from the parties to this agreement and shall be responsible for the administration and implementation of 3 APRIL 97 4 SAN MATEO AREA OE SAN MATEO OPERATIONAL AREA JPA REVISION this agreement and its purposes. Except as provided herein, the debts, liabilities, and obligations of the Emergency Services Organization shall be the debts, liabilities, and obligations of the entity and not the debts, liabilities, and/or obligations of the parties to this agreement. 3. The Emergency Services Organization may purchase, lease, own, or dispose of property and equipment, and make and enter contracts, as may be required to meet the purposes of this agreement. It may employ agents and employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds. Upon termination of this agreement, title to all property acquired by the Area Emergency Services organization or with any funds of the Area Emergency Services Organization shall remain with the county for use on a county -wide basis. Surplus funds will be returned to each party in proportion to the contributions made. C. SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES COUNCIL 1. San Mateo Operational Area Emergency Services Council is hereby designated as the governing body of the Area Emergency Services organization. 2. The members of the Area Emergency Services Council will include: a. A member of the board of supervisors, who shall be designated by the board of supervisors. 3 APRIL 97 5 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION b. The mayor of each city or, in the case of his/her inability to attend, an alternate for said mayor from the city council. (In some cases, due to local considerations, it may be more expedient for a city council to designate a member of the city council other than the mayor to be its regular member. Only the mayor or other regular city council member or, in case of their inability to attend, an alternate council member, shall enjoy full membership and the right to vote in the proceedings of the Area Emergency Services Council.) 3. The chair of the Area Emergency Services Council shall be the representative from the board of supervisors unless a majority of the Area Emergency Services Council vote to select one of their members to be the chair and an alternate vice -chair shall be selected by the Area Emergency Services Council from its membership. 4. It shall be the duty of the Area Emergency Services Council and it is hereby empowered to review and recommend for adoption by the board of supervisors and the city council of each of the cities, such emergency plans, programs and agreements, in addition to the basic agreements hereinafter contained, as are necessary to carry out the purposes of the Emergency Services Organization. 5. It shall also be the duty of the Area Emergency Services Council to approve an annual budget in an amount 3 APRIL 97 6 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION necessary to carry out the purposes of the Emergency Services organization. Immediately upon review of the budget, the Area Emergency Services Council shall recommend the budget to the governing body of the county and each of the cities for the purpose of securing from each of them appropriations in accord with each party's obligations as set forth in Paragraph H and hereinafter provided. 6. The Area Emergency Services Council shall meet upon the call of the chair or in his or her absence from the area, or inability to call such a meeting, upon the call of the vice -chair or the alternate in numerical succession. It shall meet at least quarterly. D. PARTICIPATING PARTNERS In order to meet the coordination requirements of Government Code §8607 (the Standardized Emergency Management System) and to insure cooperative emergency planning and response, the following may be invited to attend, as non-voting members, all regular and special meetings of the Area Emergency Services Council, participate in the development of plans and training programs, and otherwise assist in supporting the implementation of this agreement: 1. A representative of the American Red Cross to be appointed by the chair with the approval of the Area Emergency Services Council. 3 APRIL 97 7 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION 2. Such representatives of the local school districts, E. MANAGERS' ADVISORY COMMITTEE OF THE AREA EMERGENCY SERVICES COUNCIL 1. There is hereby created a Managers' Advisory Committee of the Area Emergency Services Council, hereinafter referred to as the advisory committee. The advisory committee reviews and makes recommendations to the Area Emergency Services Council on budgets, projects, workplans, and other policy issues that come before the council. 2. The advisory committee shall consist of: a. The county manager and four (4) individuals selected by the Area Emergency Services Council from among the city managers and city administrators of the cities. 3 APRIL 97 8 SAN MATEO AREA OES clergy, industry, or other private organizations as may be appointed by the chair with the approval of the Area Emergency Services Council in each instance. 3. One representative each from the San Mateo County Fire Chiefs Association and the San Mateo County Police Chiefs Association as may be appointed by the chair with the approval of the Area Emergency Services Council. 4. One representative for water districts. 5. One representative for sanitary districts. 6. One representative of the Harbor District. 7. One representative of the Transit District. 8. One representative each from Pacific Gas and Electric Company and Pacific Bell. E. MANAGERS' ADVISORY COMMITTEE OF THE AREA EMERGENCY SERVICES COUNCIL 1. There is hereby created a Managers' Advisory Committee of the Area Emergency Services Council, hereinafter referred to as the advisory committee. The advisory committee reviews and makes recommendations to the Area Emergency Services Council on budgets, projects, workplans, and other policy issues that come before the council. 2. The advisory committee shall consist of: a. The county manager and four (4) individuals selected by the Area Emergency Services Council from among the city managers and city administrators of the cities. 3 APRIL 97 8 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION b. The Area Emergency Services Coordinator, as hereinafter established, who shall act as Secretary, ex -officio. 3. It shall be the duty of the advisory committee and it is hereby empowered, within such guidelines as may be established by the Area Emergency Services Council, to study, resolve and recommend on such matters as may be assigned by the chair or the Area Emergency Services Council, to review budget and operational performance of the Area Office of Emergency Services, and to promote city/county cooperative planning. 4. The members of the administrative committee, with the exception of the Area Emergency Services Coordinator, shall serve without compensation. 5. The advisory committee shall meet at least quarterly. F. AREA EMERGENCY SERVICES COORDINATOR 1. The Sheriff or his designate shall be the Area Emergency Services Coordinator. The Area Emergency Services Coordinator will be responsible for the on-going operation and administration of the Area Emergency Services office and will also be responsible for achievement of the purposes of the Emergency Services Organization, including: a. Emergency Response - coordination and planning during any emergency in accordance with adopted emergency plans. 3 APRIL 97 9 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION b. Plans and Operations - preparation, development, coordination, and integration of unified area -wide emergency plans for adoption by the Area Emergency Services Council. C. Communications - development and maintenance of an area -wide emergency communications service, including public warning. d. Public Education and Information - direction of an area -wide public education and information program. e. Recruitment and Training - coordination and assistance in the recruitment and training of emergency personnel. f. General Administration - coordination and assistance in the procurement and inventory of emergency equipment; federal matching funds and surplus property; and management of maintenance and distribution of area -wide inventories of vital supplies and equipment. 2. The Area Emergency Services Coordinator shall be furnished with such staff as is necessary, and authorized by the Area Emergency Services Council, to carry out the above duties. 3. The Area Emergency Services staff shall be civil service employees of the County of San Mateo and shall be appointed by the Sheriff. Necessary personnel, administrative, fiscal and logistic support shall be furnished by the county subject to reimbursement by the 3 APRIL 97 10 SAN MATEO AREA OE SAN MATEO OPERATIONAL AREA JPA REVISION Area Emergency Services Organization as hereinafter provided. G. MUTUAL RESPONSIBILITIES 1. The county and cities shall be parties to this agreement and members of the Area Emergency Services Organization and contribute to the maintenance of the Organization through the funding mechanism described below in Paragraph H. 2. The county and cities shall each accept primary responsibility for the development within its respective jurisdiction of disaster plans which shall be compatible with and complementary to the area -wide emergency plans and organization, formulated pursuant to this agreement and pursuant to the California Disaster and Civil Defense Mutual Aid Agreement. 3. It is agreed that the Organization designates the County Controller as Controller of the San Mateo Operational Area Emergency Services Organization. The duties of the Controller shall include regular audits and those other duties set forth in Government Code section 6500 et seq., Joint Exercise of Powers. 4. It is further agreed that the Organization designates the County Treasurer as Treasurer, who shall be the depositary and have custody of all the money and property of the San Mateo Operational Area Emergency Services Organization from whatever source. The duties of the Treasurer shall include preparation of financial reports 3 APRIL 97 11 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION required by law, and those other duties set forth in the Government Code section 6500 et seq., Joint Exercise of Powers. 5. Staff members of the Emergency Services Organization shall be hired under the civil services rules of the County of San Mateo, and shall be employees of the County of San Mateo. 6. Those officers of the Emergency Services Organization who have charge of, handle, or have access to any property of the entity shall be designated by the Area Emergency Services Council, and shall file an official bond in an amount to be fixed by the contracting parties. 7. The Emergency Services Organization shall operate and exercise its powers under the laws, policies and procedures governing the County of San Mateo. H. BUDGET AND COST-SHARING In consideration of the mutual promises herein contained it is hereby agreed that the cost of maintaining the Area Emergency Services Organization will be shared as described below. 1. From the total amount of the annual budget there shall be deducted estimated revenue from federal "matching funds", state grants, and other service revenues. 2. The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows: 3 APRIL 97 12 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION a. The county shall pay 50% of the remaining balance. b. The cities shall pay the remaining 50% of the remaining balance, apportioned in accordance with the following formula: (1) One half of said 50% to be apportioned by people units or population. (a) total population of all member cities divided into one-half of the total of the cities' share of the budget equals a factor in cents (b) population of each member city times the factor in cents equals the share for each city (2) The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows: (a) total assessed value of real and personal property in all member cities divided into one-half of the total of the cities' share of the budget equals a factor in mils (b) assessed value of real and personal property of each member city times the factor in mils equals the share for each city 4. a. For the purpose of this agreement the total assessed valuation of real and personal property in all contracting cities shall be the most recent 3 APRIL 97 13 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION such total maintained by the office of the County Assessor. b. The figures used for population in each city shall be determined by a method and from a source that is mutually acceptable to the majority of members. 5. It is understood and agreed that the financial obligations incurred by the county and the member cities under the provisions of this agreement will be incurred annually, subject to the limitation that the county and the cities are financially able to make funds available. 6. If the members representing 25% or more of the county's population do not approve the budget in any fiscal year, the proposed budget will be referred back to the Area Emergency Services Coordinator and the administrative committee for revision and recommendation. If no resolution can be reached by the committee, the members may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any member shall be financially responsible for that portion of the budget unilaterally adopted. Any member which does not meet its financial commitment under an adopted budget will lose its voting status and such other privileges of membership as the Area Emergency Services Council shall determine. 3 APRIL 97 14 SAN MATEO AREA OE SAN MATEO OPERATIONAL AREA JPA REVISION 7. It is further agreed that any excess in federal or state funds in any year shall be credited to the following year's budget, and any deficit added to the following year's budget. I. INSURANCE 1. The County shall add the Emergency Services Organization to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Said excess liability insurance coverage has a $250,000 self-insured retention by the County. Unless the Area Emergency Services Council decides otherwise, County shall provide for the defense of any claims or litigation within the $250,000 self-insured retention. Legal representation by the County will ordinarily be provided by the County Counsel. 2. Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County's $250,000 self-insured retention shall be shared by the parties in accordance with the formula set forth in Paragraph G. J. EFFECTIVENESS This agreement shall be effective upon its execution by all member cities and the Board of Supervisors. It is effective as to new members upon adoption and approval by the Area Emergency Services Council and by new member's 3 APRIL 97 15 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION legislative body. This agreement shall continue in effect until terminated as provided herein. R. TERMINATION 1. This agreement may be terminated as to any of the parties by written notice given by such party to all other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year. Any former or prospective member may enter or re-enter the organization by petition to the Area Emergency Services Council by its governing body, and majority approval of the petition by the Area Emergency Services Council. Upon approval, the new member must agree in writing to all terms of this agreement. 2. This agreement shall terminate effective upon a vote of the Area Emergency Services Council by the County and by at least eleven (11) cities representing the majority of the population of the County. L. SUPERSESSION It is mutually understood and agreed by the parties hereto that this agreement supersedes the existing similar agreement and amendments thereto. 3 APRIL 97 16 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION ATTACHMENT A SIGNATORIES RESOLUTION NUMBER DATE OF ADOPTION Atherton Belmont Brisbane Burlingame ................. 40-97 ....................... May 19, 1997 Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo 3 APRIL 97 17 SAN MATEO AREA OES SAN MATEO OPERATIONAL AREA JPA REVISION 3 APRIL 97 18 SAN MATEO AREA OES