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HomeMy WebLinkAbout11 - CC-9 - Operational Area Agreement Jurisdiction - 3/16/2021 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 16, 2021 ITEM NUMBER: CC-9 SUBJECT: OPERATIONAL AREA AGREEMENT JURISDICTION APPROVAL DATE: FEBRUARY 23, 2021 FROM: POLICE DEPARTMENT PRESENTATION BY: JASON DEMPSEY, EMERGENCY SERVICES ADMINISTRATOR FOR FURTHER INFORMATION CONTACT: JASON DEMPSEY (714) 754-5333 RECOMMENDATION: Staff recommends City Council approve the Operational Area (OA) Agreement (Attachment 1) and authorize submittal of the approved Operational Area Agreement to the County of Orange. BACKGROUND: The Operational Area Agreement formally organizes the County of Orange and its political subdivisions as the Orange County Operational Area for purposes of emergency management coordination, as required by the State of California’s Standardized Emergency Management System. First approved in 1995 (Attachment 2), the document lays out a framework for interjurisdictional cooperation and the responsibilities of the County of Orange and its individual subdivisions. This document was reviewed and approved by the County of Orange and the 100+ political subdivisions that make up the Orange County Operational Area. It has served as the foundation for nearly 25-years of regional emergency management collaboration. In 2017, the Orange County Sheriff’s Department Emergency Management Division began a process (Attachment 3) to revise the Operational Area Agreement to account for changes in emergency operations plans, incorporate advances and new perspectives in the emergency management discipline, and ease administration of Operational Area functions. The Operational Area Agreement Revision Working Group was formed and met for more than a year to develop an updated document which takes into account new programs and paradigms at the local, state, and federal level, as well as lessons learned from more than 20- years of administering the existing framework. Following an extensive review and revision process in 2018 and 2019, the revised Operational Area Agreement was approved by the County Board of Supervisors on March 24, 2020. The Agreement must now be approved by each individual jurisdiction in the Orange County Operational Area. 2 ANALYSIS: The new Operational Area Agreement (Attachment 4) developed by the Operational Area Agreement Revision Working Group has major structural and significant content changes from the original 1995 document. Agreement sections were reorganized to make the document easier to understand, reference, and was reformatted to align with the Emergency Management Division’s plan document style guide more closely. A complete crosswalk of structural changes is available on request from the Emergency Management Division. The major content changes are outlined below: New Operational Area Executive Board Members Five new Operational Area Executive Board seats were added to the body to represent the interests of the Operational Area more accurately. The following seats were added: • The County Executive Officer • The Orange County Social Services Agency Director • The Operational Area Water/Wastewater Mutual Aid Coordinator • A representative selected jointly from the Orange County Community College Districts • The Orange County Transportation Authority Chief Executive Officer Orange County Emergency Management Organization (OCEMO) Update Since the 1995 Agreement was approved, OCEMO has transitioned to a simpler model than was outlined in the original document. Several changes were made in the new Agreement draft to reflect the current operational practices of OCEMO and ensure alignment with the new OCEMO bylaws approved in 2018. However, the major shift was the removal of the OCEMO Representative Board, which has not been practically in use for a decade or more. The new draft also provides clarity on the nature of the administrative support provided to OCEMO by the County of Orange (Attachment 5). Operational Area Coordinator Staffing The 1995 Agreement specifically outlined which agencies are responsible for staffing the Operational Area Coordinator (OAC) position. At the time of approval, this staffing arrangement aligned with the staffing of the Director of Emergency Services (DES) position and was meant to outline additional responsibilities for the DES during an Operational Area-wide incident. Since approval, the County Ordinance that defines staffing for the DES role was updated by Board Resolution and created a conflict with the original OAC staffing arrangement. To rectify this conflict and to prevent similar issues in the future, the language in the updated draft was streamlined to reference the County Ordinance and Resolution rather than separately defining OAC staffing. 3 Operational Area Finance The new Operational Area Agreement includes a significant reworking of language related to Operational Area finances, grant funding, and administration. Relevant language once contained in Addendum 2 (See Addendums section below) is now incorporated in the main body of the agreement. Language referencing specific grant programs was replaced with broader language that reflects the shifting nature of grant funding and the challenges of grant administration. The new language also addresses lessons learned related to the financial aspects of mutual aid and disaster recovery. Addendums The 1995 Agreement, as approved, had three addendums that addressed various issues brought forth during the development of the original document. Addendum 1 clarifies roles and responsibilities for the Operational Area, the Operational Area Executive Board, and the Operational Area Coordinator. Addendum 2 includes documents related to the administration of the Emergency Management Assistance Program grant that no longer exists. Relevant portions of these two addendums were incorporated into the main body of the new Agreement draft as appropriate. Addendum 3 is the Operational Area Mutual Aid Plan. This critical document will become an attachment to the Unified County of Orange and Orange County Operational Area Emergency Operations Plan. This will put the Mutual Aid Plan on a more defined schedule of review and revision. ALTERNATIVES CONSIDERED: The City Council may opt not to approve the Operational Area Agreement. This would have no impact to how the Operational Area Agreement functions. FISCAL REVIEW: No fiscal impact. LEGAL REVIEW: The City Attorney’s Office has reviewed and approved these documents as to form. CITY COUNCIL GOALS & PRIORITIES: This item supports the City Council Goal: Strengthen public safety and keep the community safe. 4 CONCLUSION: Staff recommends City Council approve the Operational Area Agreement (Attachment 1) and authorize submittal of the approved Operational Area Agreement to the County of Orange. JASON DEMPSEY BRYAN GLASS Emergency Services Administrator Chief of Police CAROL MOLINA KIMBERLY HALL BARLOW Director of Finance City Attorney ATTACHMENTS: 1. OA Agreement Jurisdiction Signature Page 2. OA Agreement 1995 3. OA Agreement 2020 Revision Process 4. OA Agreement signed by Board of Supervisors 5. OC Operational Area Flow Chart OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS DATED: ____________ _________________________________ (City or Jurisdiction) BY ______________________________ _________________________________ _________________________________ ATTEST: By: _____________________________ _____________________________ _____________________________ Date ____________________________ NOTICE TO _________________ TO BE GIVEN TO: City/Jurisdiction ________________________________________ Name ________________________________________ City/Jurisdiction ________________________________________ Address ________________________________________ City/State/Zip ________________________________________ FAX Number APPROVED AS TO FORM: _______________________________________ _______________________________________ _______________________________________ Dated __________________________________ Attachment 1 Attachment 2 Attachment 3 Orange County Operational Area Agreement of the County of Orange and Political Subdivisions January 2020 Attachment 4 Orange County Operational Area Agreement Th is page intentionally left b lank. January 2020 Ora nge County Operational Area Agreement Table of Contents I. Recitals .................................................................................................................................... iv Section One. Operational Area Establ ishment ............................................................................... 1 1.1 Opera tional Area Establ ished ........................................................................................... 1 1.2 Local Authority ................................................................................................................. 1 Sect i on 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 Organi zat i on .................................................. 5 Section Three. Responsi bil ities ........................................................................................... -......... 8 3.1 Operational A rea Jurisdictio n Responsibilities ................................................................. 8 3.2 County-Specific Responsi bilities ....................................................................................... 9 Section Four. Operational Area Coordinator and Operational Area Manager ............................. 11 4.1 Operational Area Coordinator ....................................................................................... 11 4.2 Operational Area M anager ............................................................................................ 11 Section Five. Operational Area Response Systems ....................................................................... 13 5.1 Operational Area Emergency Ope rations Pl an .............................................................. 13 5.2 Ope ra tional Area Eme rge ncy Ope ratio n s Ce nte r .......................................................... 13 Sect ion Six. Operationa l Area Finance .......................................................................................... 14 6.1 Operational Area Expenses and Revenues .................................................................... 14 Section Seven . Operational A rea Agreement Administration ...................................................... 16 7.1 Exi st ing Agreements ....................................................................................................... 16 7.2 Effective Date ................................................................................................................. 16 7.3 Withd rawal ..................................................................................................................... 16 7.4 Indemnification .............................................................................................................. 16 7 .5 Counterparts .................................................................................................................. 16 7.6 lnterpretation ................................................................................................................. 16 7.7 Ambiguities ..................................................................................................................... 17 7.8 Amendment.. .................................................................................................................. 17 i i January 2020 Orang e Cou nty Operational Area Agreement This page i ntentionally left bla n k. iii January 2020 Orange Co u nty Operational Area Agreement I. Recitals OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS THIS AGREEMENT is entered into this { 1 ~ day of YnAd . 201P. which date is enumerat ed for purpose of reference only, by and between the County of Orange,~after referred to as County, and all other Po l itica l Subd ivi si ons within Orange County, as defined in Government Code Section 8557 (bl of the Californ ia Em ergency Services Act, herei nafter referred to as Subdiv isions, collect ively hereafter referred to as the Parties. W IT N ES S ET H: WHEREAS, it is the i nt ent of the Parties hereto to coordinate prevention, prepa redness, respon se, recove ry and m itigation e fforts for the safety of persons and property from the effect s of natural, human-cause d, or war- caused di sast ers, hereinafter referred to as emergencies, as required by t he Ca lifornia Emergency Services Act and the Standardized Eme rgency Management System (SEMS) Regulations, Ti t le 19 California Code of Regulations Sect ions 2400 et seq.; and WHEREAS, the purpose of an Operational Area, as defined i n Govern ment Code Section 8605 and Tit le 19 Califo rn i a Code o f Regu lati ons Sections 2403 and 2409, i s to manage and coordinate i nformation, resou rces, and pr ioriti es among the local governments within the geographic area of t he Coun ty, an d t o se rve as the coord i nation an d commun ication link between the local gove rn ment l eve l and the reg i onal level of the State; and to use mul ti-agency o r inter -agency coo rd i nation to f acil itate decis ions for overall ope rational are a level emergency res ponse activi ties; and WHEREAS, this Ag reement is intende d to provide fo r the co nti nued managemen t of the Operational Area; coop erative an d mutual handling of duties and responsibilities of the Operational Area Lead Agency; coord i na tion of the emergency functions of the Operational Area w ith all other public agencies, corporati ons, organizations, an d affected private persons within the Operationa l Area; and the p re pa ration and implementati on of plans for the protectio n of persons and property withi n the Ope rational Area in the event of an emergen cy; an d WHEREAS, in accordance with the requirements of Ca l i fornia laws and reg u lations t he County previously adopted Orange County Codified Ordinances, sectio n 3-1-5 and Resolutions 81 -1104 an d 95-870 and i ntends to adopt an updat ed resol ution for this Agreement to support emergency manageme nt p lann i ng and coordination of a ll pol itica l subdiv isi ons w ithi n the Orange Co u nty geographic area as requ i red by State l aw ; and WHEREAS, Orange County Board of Supe rv isors Reso lution 05-144 adopted the National Incident Management System (NIMS) for the Orange County Operational Area which sets many of the same o bjectives as the Sta n dard ize d Eme rgenc y Management System; NOW THEREFORE, the Pa rties hereto agree as follows: iv January 2020 Orange County Operational Area Agreement This pa ge intentionally l eft bl ank. V Jan uary 2020 Orange County Operatio nal Area Ag reement Section One . Operational Area Establishment 1.1 Operational Area Established The en tire geographic area of Orange Coun t y constitutes an Operational Area (OA) for t he purposes of coord inati ng the prevention, pr eparedness, response, recovery and m itigation efforts for the safety of persons and property from the effects of natu ra l, human -caused or war caused d isaster s, hereinafter re f erred to as emergencies. All local governments shou ld coopera t e in organ izing an effective OA, but the QA authority and responsibility i s not affected by the non- partici pation of any local government. The County of Orange shall be the Operational Area Lead Agency as spec ified i n Title 19 Californ i a Code of Regu l ations Sectio n 2409(d). 1.2 local Authority In the event o f an actual or threatened emergency, eac h j uri sd i ction shall reta i n the authority provi ded for by law respecting its juri sd i ction. No body created by this Agr eement can bi nd Pa rties to l ega l o r financia l obl igations. 1 January 2020 Orange County Operational Area Agreement Secti on Tw o. O p er ation al Ar ea Cou ncil, Exec u t ive Boa rd a n d Subco mmittees 2.1 Operational Area Sig natory Council All political su bdivisions withi n the geogra ph ic area of Orange Cou nty, California are organized i nto the OA, regardless of sign atory sta tu s.1 The OA Sig natory Cou nci l, hereinafter re ferre d to as the Counci l, i s hereby created to i nclude the signature Parties to thi s Agreement. The Parties acknowledge that the Council is not a separate legal entity and that it is not thei r i ntentio n to form a joint powers authority. 2 .1.1 Membership By approval and execu tion of this Agreement, all Sub d ivi sions in the County of Orange, includi ng cities, schoo l dis tricts, community co llege d istricts, specia l distri cts, joi nt powers authorities, and the Co unty, are members of the Cou ncil. Each sig na tu re pa rty shall designate ann ually i n writing to the Orang e County Sheriff's Department Emergency M anagement Divisio n, hereinafter referred to as cou nty emergency management, one p ri mary and one alternate representative o f its govern i ng body to serve on the Cou ncil. 2 .1.2 Responsibilities It is not the i ntent of this Agreement that there be regular meetings of the Council. In ro utine matters an d day-to-day decis ion-maki ng, the OA Executive Boa rd (as desc ri be d in Section 2 .2) w i ll represent the i nterests of the OA. However, th e Council shall have authority ove r the major policy iss ues of the OA, as determined by the Executi ve Boa r d, i nclud ing adoption of any amendments to th is Agreement or adoption of any fees to support OA coordina t ion act ivities. Council members will receive inform ation regard i ng major OA policy issues from t he Executiv e Boa rd, when necessary, for consideration at their respect ive governing body meetings. Furthermore, whenever a majority of the Counci l determ ine tha t an i ssu e shou l d be brought be fore t he Cou ncil, it shall be done irrespective of whether the Executive Board has identified it as a major pol icy issue . 2 .1.3 Representotives Meeting Th e representatives of the Co uncil may meet as necessary as determi ned by t he Exec utive Boa rd or as requested by a major ity of t he members of the Council. Sho uld it be necessary for the Council to meet, ea ch member of the Council sha ll be entitled to one vote. The rep resentatives p rese nt shall, by majority vote, select a Chair Pro Tern for that meeting from among the represe ntatives p resent. A majority of all Council m ember re prese nt atives shall const itute a quorum for the transaction of bu si ness re lating to the OA . Un less otherwi se p rovided he re in, a vote of the majority of those present and qua l ified to vote shall be su ffic ient for the adoption of any motion, reso l ution, or o rd er and to take any other action deemed appropriate to further the 1 Title 19 talifornia Code of Regulations Section 2409 2 Janu ary 2020 Orange Cou nty Operational Area Agreement objectives of t he OA . Voting will be conducted in accordance w ith Robert 's Rules of Orde r. All meetings will be noti ced and conducted in accordance w ith the Brown Act. 2.2 O perat ion al Ar ea Executive Board 2.2.l M embership The Counci l shall have an OA Execut ive Board, hereinafter referred to as the Executive Board, consi sting of sixteen voti ng member s. The Executive Boa rd includes representati ves from the Cou nty Boa rd of Su pervisors, public safety agencies and Mutual Aid Coo rdinators, key County departments, and OA jurisdictio ns. Individuals will only serve as a voti ng member in one role for any sing l e meeti ng and for pur poses of determi ni ng quorum. Executive Board Members 1. The Cha i r of the Orange County Boa rd of Superviso rs 2. The County Execut ive Officer 3. The OA Law Enfo rcement Mutual Aid Coordi nator, the Orange Coun t y She riff 4. The OA Fire & Rescue M utual Aid Coord i nator, as se lected by the Orange County Fi re Chiefs Associat io n 5. The OA Public Works Mutual Aid Coordinator, the Orange County Publ ic Works Di rector 6. The OA Hea lth Ca re Mut ua l Aid Coo rd ina t or, t he Orange County Hea lth Ca re Agency Director 7. The OA Water/Wastewater Mutual Aid Coordinator 8. The Orange Count y Social Se rv ices Agency Di rector 9. A rep resen t ative selecte d jointly from the Orange County City Managers Associati on 10. A represen t ative from the Or ange County Ch iefs of Police and Sheriff's Assoc i ation 11. A representative from the Orange County Fire Ch iefs Association 12. A rep resent ative from t he Ora nge Cou nty City Engi nee rs an d Publ ic Works Di rectors Assoc iation 13. A represen t ative from Independen t Specia l Di stricts of Orange County 14. Th e Orange County Superintendent of Schools, representing Orange Coun t y K-12 School District s 15. A representative selected joi ntly from Orange County Community Co llege Districts 16. The Orange Coun t y Transpo rtat ion Authority Chief Executive Officer Terms, Alternates and Voting Executive Board members subject t o be i ng "selected," whic h are enumerated above as numbers 4, 9-13 and 15, shall be appointed by thei r respect ive agency, jurisdiction or o rgan izations annually and shall serve at t he d iscretion of their organ izati on fo r one yea r . Each j urisdiction, agency or organization shall also des ignate three alternate representatives. Individuals appointed to the Executive Boa rd can be t he same or different than those i dent ified in Section 2.1.1 as a 3 January 2020 Orange County Operational Area Agreement member jurisdiction's Council primary or alternate representative. In no circumstances shall one i ndividua l occupy more than one Execut ive Board position o r count as more than one member for purposes of determ ining quorum. Each Executive Board member, or alternate i n the absence of the voti ng member for whom he/she is the designated alternate, shall be entitled to one vote. A majori ty of the Executive Board (9 member s) shall constitute a quorum for the transacti on of busi ness re lating 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 moti on, resoluti o n o r order and to take any other action deemed appropriate to ach i eve the objectives of the OA. Voting will be conducted i n accordance wit h Robert's Rules of Order. The OA Executi ve Board is a Brown Act meeting and is noticed and conducted as such. Operational Area Executive Board Chair and Vice-Chair The Chai r and Vice Cha ir shall be elected annually by the Executive Board. In the absence of both the Chair and the Vi ce Chair, the members of the Executive Board present shall, by majority vote, select one of the members present to act as Cha i r Pro Tern . Mee ti ngs The Executive Board shall meet quarterl y or as designated by the Executive Board Chair. 2.2.2 Responsibilities The Executive Board shall have oversight of the acti ons of the OA Manager (as described i n 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 keep i ng the Counc i l informed of its actions. The Executi ve Board shall determine which major poli cy issues of the OA requir e Counci l app roval and shall seek such approval. Polley and Operational Area Emergency Operations Plan The Execu tive Board will establish OA pol icy, 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 Execut ive Board shall review proposals of emergency mutual aid p lans and agreements and make recommendations on endorsement of such p roposals to governing boards of Subdivisions. Lows, Rules, Legislation and Regulation The Executive Board shall rev iew and may recommend for action or adoption by Subdivisions, emergency and mutual aid plans, agreements, ordi nances, resolutions, and any rules and regu l ations necessary to implement such plans and agreements. The Execut ive Board may also 4 January 2020 Ora nge County Operationa l Area Ag ree ment stu dy, rev iew, and make recomme n dati o ns on State and Federal legis lation an d policy as ap propri ate, an d o n matters refe rre d to t he Execu t ive Boa rd in w riting by Co u ncil m embe rs. Operational Area Executive Board Emergency Advisory Capacity The Execu tive Boa r d may be co nvene d by the Chair o r th e OA Coo rd i nat or, as desc r ibed i n Section 4.1, to rev iew a po t ent ia l o r actua l emergency si tuati on an d make and rece ive app ro pr iate recommen dati ons from t h e OA Coordi nator an d Counci l m embe rs to fa ci li t a t e a coordi na t ed OA res p onse. 2.2.3 Subcommittees and Working Groups Th e Execu tive Board may esta b l ish st and i ng and ad hoc su bcom mittees an d working groups t o complete its work and t o ensure communicat io n and coordi natio n between all i nteres t ed perso ns or groups. Subco mmit t ees an d working gro ups sh all ele ct a Cha i rpe rson an d provi de ap prop riat e st aff sup po rt from thei r partici pants. Th e OA Manage r sha ll p rov i de coo rd i natio n between these subcomm ittees and the Execu t ive Board o nly. 2.3 O ra nge Count y Eme rge ncy M anagement Organizatio n There i s hereby est ab l ished a stand i ng su bco m mittee to t he Exe cutive Boar d, the Orange County Emergen cy Ma nagement Orga n ization, hereina fter re ferred to as OCEM O. OCE M O is a collabo ratio n and coo rd i nati on bo dy t asked w i th deve l op i ng the p lans, p ro ced ures, an d associ ated docum ents necessary for a robu st Operationa l Area emergency man ageme nt progra m . The County an d all Subdiv isi ons shall be expected t o p articipa t e i n OCE MO, to the ma xi m um ext ent poss i ble, with the understanding that the co operativ e mainten an ce of the OA EOP, policies and pro cedu res, train ing and exercises i s necessary t o ensure that t he OA EOP, policies, pr oce d ures, training and exe rcises meet t he emergency needs of the Subdivisi ons, Co unt y, and OA . 2.3 .1 Membership Th e entire OCEMO body ("M em bers at La rge") co nsist s of three groups of re presentatives i nvolved in so me ca pac it y of an emergency managemen t func t io n, as defined bel ow an d in the OCEMO Byl aws . Signatory M embers St aff members with p rimary eme rgency management res ponsi bi l ities from si gnatory age nc ies to this ag ree ment are cons i dered Signat ory Members . Eac h sign atory jurisdict ion shall identify a p rimary an d se con dary represe ntative who shall have t he rig ht t o vot e on behalf of t he j urisd iction. To en sure compliance with the Brow n Act, no more than eight OCE M O members who are also voting memb ers of t he OA Execu t ive Boa rd shall be present at any OCEM O m eet ing. 5 Ja n ua ry 2020 Orange County Op erationa l Area Agreement Colloborotive Members Represen tatives of other government, non-p rofit, or pri vate agencies that are not signator i es to this agreement and are not currently represe nted by a Signatory or Collaborative M ember, but are co nsi dered to have a si gn ificant role in OA pla nning, re spo nse and recovery p rocesses are considered Collaborati ve M embers. Collaborat i ve members must be approved by Signatory M embers and have limi ted voti ng r ights as out li ne d in the OC EMO Bylaws. Asso ciate Members Other representatives o f organizations interested in participating in OC EMO activities, and who may provide i nput into the OA EOP, annexes, and supporting Standa r d Operating Pr ocedures (SOPs) a re co nsidered Associate Members. Associate members have no voti ng ri ght s. 2 .3.2 Responsibilities As a subcommitt ee to the Execu tive Board, the respons ib ilities of OCEMO are to meet the following objectives as they rela t e to d isast er and emerg en cy preve ntion, preparedness, resp o nse, recovery and m i tiga t ion within t he OA: Operational Area Plans, Annexes, and Standard Operating Procedures • Participate in rev isions 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, pla ns and the assoc iat ed Annexes rev iewed by OCEMO shall be forwarded to the OA Executive Board for approval. Tra i ning ond Exercises • Coordinate trai ni ng and exe rcises for the OA, to include afte r action discussions, lesso ns learned and p rofess ional development. Public Educa t ion and Outreach • Coordinate t he deve l opment of p ub lic educa tion and w hole co mmunity emergency p reparedness programs. Legislation • Review and repo rt on leg islation i mpacting emergency p lans and programs, and propose concepts for new legislation for conside ration by t he Executive Board. Other • Other duties as assigned by the Executive Board . 2.3 .3 OCEMO Leadership The OCEMO Leadersh i p shall consi st of the OC EMO Chairperson, Fi rst Vice Chairperson and Seco nd Vice Chairperson, el ec t ed in accord with the OCEMO By laws, t he OA Manager and the 6 Jan ua ry 2020 Orange County Operational Area Ag reement immediate past Chairperson . Any Signatory o r Collaborative M ember shall be el igible to serve as a candidate for OCEMO Chai rperso n, First Vice Chairperson, and Secon d Vi ce Chairpe rs o n as outl ine d i n the OCEMO Bylaws. 2.3.4 Organization and Procedures OCEMO w i ll mainta i n and appr ove Bylaws . The Bylaws will define, at a minimum, OCEMO p urpose, membership, le aders h ip duties, elec tions, voting procedures, officia l meeting f re q uen cy, and the process for amend ing the By laws. The By laws shall i n all instances be consistent with this Agreement. OCEMO will rev iew t he By laws, as needed. Any amendments to the By law s w i ll be ap proved by OC EMO Signatory Members, as deta iled in the OCEMO By laws. If OCEMO ident ifie s t he need fo r additional Subcommittees or wor king groups, OCEMO members partici pati ng in that subcommittee or working group shall p rovide st aff su pport. 2.3.5 Administrative Support The County shal l provi d e administrative su pport to OCEMO as follows: • Atten d all OCEMO and OCEMO Leaders hi p meeti ngs • Ma intai n a contact l ist of t he p rimary and alternat e rep rese ntative s of each OCEMO member • Organ ize and manage OCEMO Leadership elect ions and votes on other issues • Notify members o f their appointment to office or subcommittees • Create and d istribute OCEMO m eeti ng agendas • Take and transmit OCEMO meeting m inutes • Mai nta i n official OCEMO reco rds, incl ud i ng agendas and minutes, i n compliance with County r ecor d retention policies. 7 Ja n ua ry 2020 Ora nge County Ope r atio nal Area Agreemen t Section Three. Responsibilities 3 .1 Operational Area Juri sdictio n Res ponsibili ties Sub d ivi si ons of the OA have the respons ib iliti es as se t forth bel ow: Participation Acti ve ly participate as a member jurisdic tion in the Counci l, Executive Board (if designa t ed), and subco mmi t t ees such as OCEMO. Cooperation Promote coope ration am ong all Subdiv isions in or d er to improve the overall OA emergency management program. Emergency Management Program Deve lop an emergency management program to provi de for the needs of the Subd iv ision, w h ich shall be complemen tary to and compatib le and coo rd i nated w ith the needs of the OA in the event of an emergency. Emergency Plan and Organizatio n Deve lop and maintain an EOP and organization to provide for the emergency needs of the Subdivi si on according to SEMS Regu l ations and NIMS, and coordinate with and, where able, su pport other Sub d ivisions, the County, and t he OA Emergency Operations Cente r (EOC). Procedures Deve lop Subdivision proce d ures that o utli ne t he st eps necessary to sat isfy responsibilit i es as a member juri sdict ion of the OA. Training ond Exercises Ma i ntain a tho roug h knowledge of t he Pa rties ' and OA's EOPs and ensu re tha t the sup porting serv ices and key personnel are properly t rai ned and o rga ni zed to meet all of their responsib i lities i n the event of an emergency. Conduct regular exercises and parti ci pate in regiona l exerc i ses, when offered. Emergency Assistance Par t ies shall offer ass istance to other juri sdict i ons and secondary and relief sup port to the OA w ithin the li mi ts of ca pabilities and acco rd i ng to applicable mutual ai d agreements. Pa rties shou ld parti cipate i n mutua l aid agr eements wherever poss i ble. Resource Lists Maintain cu rrent resource listings of staff, faci lities, equ ipment and su pplies availab le i n the Juri sdict ion for use i n the event of an emergency. 8 January 2020 Orange County Operationa l Area Agreement Critical Points of Contact Identify 24-hour or other critical poi nts-of-contact for the Su bdivisio n that may be used by the OA EOC dur ing emergency operations. If t he points-of-contact are individ uals, identify a primary and at leas t three al ternates for eac h . Inform coun t y emergency management staff when critica l points-of-contact change or are updated . Disaster Recovery and Financial Reimbursement Subd ivis ions have u l t imate respons ibility for thei r own recovery program and will work directly with FEMA and Ca l OES throughout the cost recovery p rocess . Each Subdivisi on is indivi dually responsible for developin g, submi tti ng, and receiving t heir own emergency aid, loans or grants from any source i nc luding l oca l, state, and federal governments. Each i s i ndividually responsible for the t i meliness, accuracy, and complia nce of its own exp en d itures submitted for re imbu rsement through such mechani sms. 3.2 County-Specific Re spon sibilities The County acts as the OA Lead Agency. The OA Lead Agency has the followi ng responsi bi l ities to the OA in addition t o those responsib i lities specified under Section 3.1 of thi s Agreement: 24 -Ho ur Contact Point The County will se rve as the 24-hour contact poi n t for the OA and act as lea d in activating the OA EOC, he reinafter referred to as OA EOC. Operational Area Emergency Operations Center The Coun ty EOC an d Alte rnate EOC (as designated) shall serve as the OA EOC. The OA EOC shall exi st as a dedicated essential f aci l ity and be capabl e of serv i ng as the centra l point for: • coord i nating information and resou r ces with OA subdi vi sions • coord i na t i ng all levels of government as a componen t of Orange County's Multiagency Coordination Syst em {MACS) • coordinating with other OAs • reporting i nformation to and coordinating with the Ca l ifornia Office of Emergency Services (Cal OES) Southern Regi on EOC Cou n ty emergency management staff shall be respo nsi bl e fo r ensuring the OA EOC is maintained in a state of consta nt read iness, i n accord with the FEMA Eme rgency Operations Center Assessment Checklist an d ASTM E2668 -Standard Gu ide for Emergency Operati ons Center Deve lopment, or subsequent standards if revise d . Initial EOC Activation Staffing The County shall provi de i ni tial OA EOC ac t ivation staff. Subdiv isions with av ai lab le r esou rces may provi de secondary and re l ief OA EOC staffing. 9 January 2020 Orange County Operationa l Area Agreement Disaster Recovery and Financial Reimbursement The Count y shal l be respo nsib le for coordi nati ng the formal r ecovery p rocess through Ca l OES and FEMA and w i ll assis t with: • Coordi nating initial OA dis aster recovery • Schedul ing damage assessment site visits • Other duties as outlined i n t he Recovery Annex to the OA EOP Operational Area Emergency Operations Pion and Annexes County e merge ncy management staff shall be responsib le for coordinating with the Orange County Emergency M anagement Organization to ma i ntain and rev ise the OA EOP, annexes and SOPs as di rected by the Exe cutive Board. Operational Area Executive Boord Support County emergency management sta ff sh all provide support to the Executive Board for agendas and minutes for meetings and coordi nati ng follow-up only. Subcommittee and Working Group Support County emergency management staff shall provide support to Executive Board subcommittees and working groups. 10 January 2020 Orange County Ope ratio nal Area Agreemen t Section Four. Operational Area Coordinator and Operational Area Manager 4 .1 Operational Area Coordinator By t his Agreement, the Council creates and recogn i zes the posi tion of an OA Coord i nator, hereinafter referred t o as the Coordinator. Duri ng an emergency t he OA Coord i nator position w ill be f illed by t he Orange Cou nty Di rector of Emerge ncy Services, as specified by Section 3-1-6 of t he Orange Cou n ty Code of Ord i nances and Cou n ty Board of Supervisors Resolution 12-036, as p resently ex isting or as hereafter ame n ded. 4.1.1 Powers and Duties The Coord i nator sh all direct and coord i nate the OA during times of emergency. In addi t i on to his/her responsi bilities as Di rector o f Emergency Services, the Coo rdinator shall have the add itional duties and powers, as descri bed below and i n the OA EOP: Direction and Coordinotion Serve as key decisi on-maker i n the OA EOC, providing directi on and coo r d ination necessary to accompl ish the purposes of thi s Agreement an d responsi bi lities of the OA lead as specified i n Title 19 Ca lifornia Co de of Regu lations Section 2409(e). Operotionol Area Representative Represent the OA i n all dealings w ith the public o r pr ivate agencies on matters pertai ni ng to emergencies as defined i n Section 3-1-2 of the Orange County Code of Ordinances. 4.2 Operational Area M anager By thi s Agreement, t he Cou nci l crea t es and recogn i zes the positi on of an OA Manager. Th e OA Manager sha ll be the County Emergency Manager as spec ified in Section 3-1-6 of the Orange Cou nty Code of Ord i nances and Coun ty Board of Supervisor s Resolut ion 12-036, as presently ex isting o r as hereafter amended. 4.2.1 Powers and Duties Th e OA Manager shall have the following power s and duties: Administration of Opera t ion al Area Agreement On a day -to-day basi s, ensure County-spec ific respo n sibilities detail ed i n Secti on 3.2 are met. Staff to t h e Op erat i onal Area Executive Board Serve as staff to the Executive Board, ma i ntain close liai son w ith the Executive Boa r d, an d coo rdinate all acti vi ties of assigned OA staff with the Executive Board. 11 Janua ry 2020 Orange Cou nty Operatio nal Area Agreement Daily Coordination and Assistance Di rect the dail y coordinati on and coopera t i on between the county emergency management staff, Subd ivis ions, and Execu t ive Board Sub comm i ttees, i ncluding OCEMO. Resolve questions of authority and responsi bility that may arise between them , and work closely with and assist the Executive Boa rd, as required . Notification of Emergency Operations Center Activation Noti fy the Board of Supervisors, the Executive Board, and OCEMO of an OA EOC acti vati on as soon as practical, and keep the Executive Board and Board of Supervisors i nformed on all aspects of a cu rren t emergency situation as soon as information becomes available. OCEMO Support Serve on OCEMO Leade rship. Provide support to OCEMO for agendas, m i nutes 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 Coord i na te with OCEMO fo r the development of after action reports for the Execut ive Board following activations of the OA EOC. Resource Coordination Act as the coordi nation point between Subd ivisions and the Ca l OES on a day-to-day basis for Emerge ncy Management Mutual Aid (EMMA) resou rce requests, in accordance with the State of California Emergency Management Mutual Aid Plan . The OA Manager may also coo rdinate other OA mutual aid requests, as appropriate. 12 January 2020 Orange County Operational Area Agreement Secti on Five. Operational Area Response Systems 5.1 Operational Area Emergency Operation s Plan Under the directi on of the Execut ive Board, coun t y emergency managemen t st aff shall be r esponsible for ma i ntai ning the OA EOP, which shall provide for t he effective mobi li zation of all OA resou rces, both public an d pri vate, to meet any condition const ituting an emergency; and shall provi de for the o rganization, powers and duties, and staff of the QA emergency response organizat ion. This responsi bility is inclusi ve of the EOP an d any associa t ed Anne xes and SOPs. 5 .1.1 Compliance The QA Emergency Operations Plan shall comply w i th applicable local, sta t e an d f ederal p lanning criteria, includi ng NIMS and SEMS. 5.1 .2 Functional Assignments The OA EOP sha ll include the functions assigned to the mutual a id organi zati o ns, County agenc i es/departments and Sub d ivisi ons. It shall be the responsi bi l ity of agency/department heads and Sub divisions to appoi nt staff who sha ll report to the OA EO C and carry out the assigned duties as appropriate. 5.1.3 Approval Updates and revi sions to t he OA EOP and annexes will be effective on approval by t he Executive Board. SOPs an d other su pport documents may be updated on an ongoing bas is by county emergency management staff as long as ch anges ar e co nsi stent with approved plans and annexes. 5.2 Operational Area Emergency Operations Cente r 5.2.1 Location The primary and dedicated County EOC located at 2644 Santiago Canyo n Rd., Silverado, Cal ifornia, or alternate as designated, shall se rve as the OA EOC. Co mmunication connect i on to the OA EOC shall be the responsib i lity of each Sub d ivi sion and Mutual Ai d Coordina t or or their re prese ntative. 5.2.2 Required Activation Activation of the OA EOC is requ i red u nder the conditi ons defined by SEMS , Title 19 California Code of Regulations Sectio n 2409(f ), the Ora nge County OA EOP and associa t ed An nexes . 5.2.3 Staff for the Operational Area Emergency Operations Center The County shall p rovide i ni t i al OA EOC activati on staff. Subd ivisions w i th available resources sh all provide seco ndary and relief OA EOC staffing. Emergency management o r other m utual aid sha ll be used to sta ff the OA EOC as necessary. The County declares i ts w i llingne ss to p rovide a st aff member to an i mpacted Subdi vi sion's EOC or Inc ident Comman d Post to act as an OA coordination point, if desired by the Subdivision and as personnel ava i la bi lity and safet y concerns allow. 13 January 2020 Orang e Cou nty Operati onal Area Agreement Section Six. Operational Are a Fina nce 6.1 Operational Area Expenses and Revenues Operational Area Administrative Expenses Th i s Agreeme nt recogn izes tha t there are day-to-day costs assoc iated with OA ad ministration and emergency management act ivities; these costs are separate from County -specific emergency management activi ties. The Cou nty shall provide administrative staffing for the OA to carry out the duties as delineated in Section 3 .2 and Section 4 of thi s Agreement; however, the Cou nty shall not be so lely responsible for the costs o f administ ering the OA. The Coun ty Board of Supervisors has the over-arching authority and responsib il ity to approve the county emergency management budget that supports both Cou nty and OA emergency management ac t ivities . To offset costs of the OA, the Execut ive Board shall be respons ib le for the acquisition and d istribution of federa l, state, and business or p rivate foun dation emergency management gra nt funds. For emergency management gra nt funds made available t o the OA for distribution among the Subd i visions, the Executive Board will review and approve proposed funding allocation methods. Their review w i ll take into co nsideration recommendations from OCEMO, acting i n their ro le as subcommittee to t he Executive Board. To offset admi ni strative costs, a percentage of suc h grants may be allot ted to the OA before apportionment among the subdiv isions. If funding becomes avai lable with a short application period that does not allow for OCEMO, Executive Board, and County Boa rd of Supervi sors pre-approval, then approval w i ll be sought retroactively through the ra tification process set forth by the County Board of Supervi sors. The Co u nty or any Subdivision may fund thr ough general or special fu nds any serv ices, supplie s, or p rograms tha t they se parately or jointly de t ermine are necessary to comply with laws or regulations, or that serve the purposes of emergency p re venti on, preparedness, response, recovery and m itigation on an OA level. Costs of Operational Area during Emergency Response ond Recovery During emergen cies, all OA juri sd ictions shall be expected to participate to the maximum extent possible, acco rding to mutual ai d and other agreements, w ith the understanding that during an emergency, the pri orities are l ife safety, property, and the environment (i n that order), regardless of which j u risdiction is i mpacted . Th is Agreement incorporates by reference the rei mbursement co ncept s of the Eme rgency Management Assista nc e Compac t , the California Disaster and Civil Defense Master Mutual Aid Agreement, and the State of Californi a Emergency Management Mutual Aid Plan. Expenditures made in connect i on with suc h emergency act ivities required by this Agreeme nt, the California Emergency Services Act and/or SEMS, i ncluding mutual aid activit ies, 14 January 2020 Orange County Ope rati onal Area Ag reement shall be deemed conclus ively to be fo r the d i rect p rotect ion and benefit of the persons and property in the OA. In decid i ng t he l evel of OA response and resou rce commitment d ur ing emergenci es, the County and Subd ivi sions agree to operate acco rd i ng to the EOP and supporti ng documents defined i n Sec ti on 5.1 of this Ag reement . Financial Reimbursement and Recovery Following Emergencies The County and each Subd ivi si on are eac h indi vidually respons i ble for developing, submi tting, and rece iving their own emergency aid, loans or grants from any source includi ng local, st at e, an d f edera l governments. Each is individ ually responsible for the t imeliness, accuracy, and compliance of its own expendi tures submi tted for re i mbu rsement through such mechanisms . 15 Janua ry 2020 Orange County Ope rationa l Area Agreement Section Seven. Operational Area Agre em ent Administ ration 7.1 Existing Agreements Nothing contained in this Agreement sha ll be construed as superseding or modifying any existing agreements, i nc l ud i ng mutual aid agreements, exce pt for supersed i ng the existing OPERATIONAL AREA AGR EE MEN T OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS dated October 3, 1995, and addenda; and nothi ng herein shall be construed as preventing any Party from entering i nto o r modifying mutual aid o r o t her emergency response ag reements. 7.2 Effective Date Thi s Agreement shall become effective six months after approval and e~ecution by the County Board o f Supe rv iso rs and at least one Subd ivisio n . Any Subd i visi on in Orange County may become a Party hereto by executing this Agreement . Noti ce shall be provi ded t o the Cou nty upon a Subd ivision's execution of t hi s Agreement. 7.3 Withdrawal Any Party may withdraw from t h is Agreemen t by p rovidi ng written notic e to county emergency manage m ent st aff. Said notice shall be gi ven 30 days befor e withdrawal from thi s Agreement. 7.4 Ind em nification Each Party shall defend, i ndemnify, an d hold harml ess the other Part i es, and their officers, age nts, empl oyees and represen t ati ves from any and all losses, li abi li ty, damages, cla i ms, su its, act ions, admi nistrative proceedi ngs, demands, and litigati on, and all expenses and cost s re la ting d i rectly to the neglig ent or otherwi se w rongful acts or omi ss ions of the i ndemnitor, its officers, age nts, employees, or representatives arising out of or inci dental to perfor mance under thi s Agreement. No Pa rty assumes l iability for the acts o r omissions of persons other than that Party's res pec tive officers, agents, employees or representat i ves. 7 .S Counterparts Th i s Agreement may be executed in two o r mor e counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instru m ent. 7,6 Interpretation Save to the extent that the context or the ex press provisi ons of thi s Agreement otherwise requ i re: • Headings an d sub-hea d ings are for ease of reference only an d shall not be taken into co nsid erat ion i n t h e i nterpretation o r construction of this Agreeme nt; • All references to Parts, Sect ion s, and Pa ragraphs are references to Parts, Sections and Paragrap hs contai ne d herein; 16 January 2020 Ora nge Coun ty Op era t iona l Area Agreement • All references to any ordinance, reso lution, law, regu l ation or guidance shall include r efe rences to any ordinance, resoluti on, law, regu lation or guidance which amends, extends, consol idates or replaces the same or which has been amend ed, extende d, consolidat ed, suppl emented, subst itut ed, novated, repl ace d, o r assigned by the same and shall include, w i thout l i mitation, any instrument, proc lamation, bylaw, directive, decision, regu lati on, ru l e, order, notice, co des of practi ce, code of conduc t, rule of court, Instrument or del egate d or other subordinate legislatio n thereto; • The words "here i n", "hereto" and "he re under" refer to t hi s Agreement as a whole and not to the particu lar Section, or Paragrap h i n which suc h word may be use d; • Any ref erence to a p ub lic o rganization or rep resentative shall be deemed to i nclu de a reference to any successo r to such public o rga n izati on o r r epresentative or any organizat ion or en t i ty o r re prese ntative which h as taken over the functi ons or responsibilities of such public organ i zati on or representative. 7 .7 Ambiguities In the case of any ambigu i ty or discrepancy: • Between the provisions in t his Agreeme nt an d t he p rovis ions o f any underlying Exec utive Orde r, law, or regu lation, the provisions of underlying Execu tiv e Orde r, la w, or regula tions wi ll be i ncorporate d by approval of the Executive Board and written notice sha ll be p rovi ded to all Parties. • Between the provisions i n this Agreement and the provisions of a ny underl ying m utual ai d agreeme nt or EOP, the provisi ons of this Agreement shall prevail until such time as the OA Execut ive Boa rd consi ders the matter and notice of proposed resolution to suc h issues are provided to all Parties. 7.8 Amendment Th is Agreement may not be amended or modified excep t i n a writing executed by a major ity of all s ignature Parties as defined by Secti on 2.1 of this Agreement. 17 January 2020 OPERATIONAL AREA AGREEMENT Of THE COUNlY Of ORANGE AND POLITICAL SUBDIVISIONS DATED : 5/ I q /;JV I Rob i n Stieler, Clerk of the Board County of Orange Date ____.5=-+--] j~q l_?rJ __ NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: City/Jurisd lct.On Donna Boston N ame County of Orange City/Ju ri sd iction 2644 Santiago Canyon Road Address Silverado CA 92676 City/State/Zip 714-628-7154 FAX Number APPROVED AS TO FORM: I County of Orange BY --1,1---------+--+-------'"--- Michelle Steel. Cha i rwo County of Orange Ora nge Co unty Operati on al Are a Agreement ATT EST: By: ------------ Date ____________ _ NOTICE TO _______ TO BE GIVE N TO : City/Ju ris d icti o n Name City/Jurisdiction Address Chap t e, 3 City/Sta t e/Zip FAX Number AP PRO VE D AS TO FORM : /Jli~JJ/7/~ <,)en ,or &f4dy Cou"'f/ UJ v.ri .re/ a--(A r1 If£ UH,-1.«1 ?J= Dated q; /,.;L{a /cLQ I • Jan ua ry 2020 18 Orange County Operational Area – All subdivisions within the CountyOA Signatory CouncilOA Executive Board 1. Chair of the OC Board of Supervisors2. OC County Executive Officer3. Operational Area Law Enforcement Mutual Aid Coordinator, the OC Sheriff4. Operational Area Fire & Rescue Mutual Aid Coordinator, as selected by the OC Fire Chiefs Association5. Operational Area Public Works Mutual Aid Coordinator, the OC Pubic Works Director6. Operational Area Health Care Mutual Aid Coordinator, the OC Health Care Agency Director7. Operational Area Water/Wastewater Mutual Aid Coordinator8. OC Social Services Agency Director9. Rep. selected jointly from the OC City Managers Association 10. Rep. from the OC Chiefs of Police and Sheriff’s Association11. Rep. from the OC Fire Chiefs Association12. Rep. from the OC City Engineers and Public Works Directors Association13. Rep. from Independent Special Districts of OC14. OC Superintendent of Schools15. Rep. selected jointly from OC Community College Districts16. OC Transportation Authority Chief Executive OfficerOA Jurisdiction Responsibilities•Participate•Cooperate•Emergency Management Program•Emergency Plan and Organization•Procedures•Training and Exercises•Emergency Assistance•Resource Lists•Critical Points of Contact•Disaster RecoveryCounty Specific Responsibilities as OA Lead Agency•24 hour contact•Operational Area Emergency Operation Center•Initial EOC Activation Staffing•Disaster Recovery•Operational Area Emergency Plan and Annexes•Operational Area Executive Board Support•Executive Board Subcommittee and Working Group SupportOther Sub Committees & Working Groups formed by OA BoardOrange County Emergency Management OrganizationOCEMO Responsibilities•OA Area Plans, Annexes & SOPs•Training and Exercises•Public Education and Outreach•Legislation•Other, as assigned by the OA Executive BoardSignatory Member“Voting”Collaborative Member“Limited Voting”Associate Member“No Voting”OCEMO Members at Large*Section 2.1Section 2.2Section 2.3OCEMO Leadership•Chairperson•1st Vice Chairperson•2nd Vice Chairperson•OA Manager•Immediate Past Chair•Elected*No more than eight OCEMO members who are also voting members of the OA Executive Board shall be present at any OCEMO meetingSection 3.1Section 3.2FOR REFERENCE ONLY: In case of discrepancy, the Agreement itself shall prevail. This chart depicts the OA structure only and does not describe the entirety of the OA Agreement.Section 2.2.32020 OA AgreementStructure OverviewAttachment 5