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
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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:
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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:
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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
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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.
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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
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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.
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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
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