Contract - Orange - 1995-10-03 OPERATIONAL AREA AGREEMENT
OF THE COUNTY OF ORANGE
AND POLITICAL SUBDIVISIONS
October 3, 1995
OPERATIONAL AREA AGREEMENT
OF 1111β COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS
Table of Contents
Subject Page
Recitals 1
A. Existing Agreements 1
B. Operational Area Established 2
C. City-County Emergency Management Planning Board 2
D. Local Authority 2
E. Definitions 2
F Operational Area Council, Executive Board and Subcommittees 3
G. Creation and Powers and Duties of Operational Area Coordinator 13
H. Creation and Powers and Duties of Operational Area Manager 15
L Operational Area Emergency Plan 16
J. County Specific Responsibilities 17
K. Operational Area Council Member Responsibilities 18
L. Operational Area Expenses and Revenues 19
M. Description, Function and Duties of the Operational Area 20
Emergency Organization
N. Activation of the Operational Area Emergency Operations Center 20
O. Effective Date 23
P Withdrawal 23
Q. Suspension of Voting Privileges 23
R Indemnification 23
S. Counterparts 23
T. Amendment 23
U. Notice 24
β Severability 24
Signatures 24
OPERATIONAL AREA AGREEMENT
OF 111. COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS
THIS AGREEMENT is entered into this day of 1995 which date
is enumerated for purpose of reference only by and between the County of Orange,
hereinafter referred to as `COUNTY and all other Political Subdivisions within Orange
County as defined in Government Code Section 8557 (c) of The California Emergency
Services Act, Government Code Section 8550 et sea. (` The Emergency Services Act"),
which are signatories hereto, hereinafter referred to as `SUBDIVISIONS' collectively
referred to as the `Parties'
WITNESSETH.
WHEREAS, it is the intent of the Parties hereto, in accordance with The
Emergency Services Act and The Standardized Emergency Management System
Regulations, Title 19 California Code of Regulations Section 2400 et seq., to coordinate
preparedness and response efforts for the safety of persons and property from the effects
of natural, man-made, or war-caused disasters, hereinafter referred to as emergencies;
and,
WHEREAS, the purpose of an Operational Area , as defined in Government Code
Section 8605 and Title 19 California Code of Regulations Sections 2403 and 2409 is to
manage and coordinate information, resources, and priorities between the COUNTY and
all Subdivisions in the geographic area of the County and to serve as the coordination and
communication link with the regional level of the State; and
WHEREAS, the declared purposes of this Agreement are to provide for the
establishment and direction of the Operational Area; the cooperative and mutual handling
of the duties and responsibilities of the Operational Area lead Agency- the coordination of
the emergency functions of the Operational Area with all other public agencies,
corporations, organizations, and affected private persons; and the preparation and
implementation of plans for the protection of persons and property within the Operational
Area in the event of an emergency- and
WHEREAS, any expenditures made in connection with such emergency activities,
including mutual aid activities, shall be deemed conclusively to be for the direct protection
and benefit of the inhabitants and property of the Operational Area.
NOW 111EREFORE, the Parties hereto agree as follows:
A. EXISTING AGREEMENTS: Nothing contained in this Agreement shall be
construed as superseding or modifying any existing agreements, including mutual aid
agreements, except this Agreement supersedes the existing UNIFIED ORANGE
COUNTY-CITIES EMERGENCY MANAGEMENT AGREEMENT dated July 14,
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1981, and nothing herein shall be construed as preventing any Party from entering into or
modifying mutual aid agreements.
B. OPERATIONAL AREA ESTABLISHED: The entire geographic area of
Orange County constitutes an Operational Area for the purposes of emergency mitigation,
preparedness, response, and recovery as required by Title 19 California Code of
Regulations Section 2409
C. CITY-COUNTY EMERGENCY MANAGEMENT PLANNING BOARD:
For the purposes of COUNTY Ordinance No. 3915 Section 3-1-5 of the Codified
Ordinances of the County of Orange, as presently existing or as hereafter amended, the
Council created under this Agreement constitutes the City County Emergency
Management Planning Board and this Agreement defines its membership, powers, duties,
divisions, services and staff.
D. LOCAL AUTHORITY In the event of an actual or threatened emergency each
jurisdiction shall retain the authority provided for by law respecting its jurisdiction.
E. DEFINITIONS: The following terms as used in this Agreement shall, unless the
context clearly indicates otherwise, have the respective meanings herein set forth below.
(1) Operational Area Coordinator shall mean that position affiliated with a
public agency as designated in Section G of this Agreement, to provide
direction and coordination of the Operational Area during times of
emergency
(2) Emergency shall mean the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property within
the County caused by such conditions as air pollution, civil disturbance,
sudden and severe energy shortage, drought, or earthquake or other
conditions, the Governor's warning of an earthquake or volcanic
prediction, epidemic, fire, flood, hazardous material release, plant or
animal infestation or disease, riot, storm, or war or imminent threat of war,
but 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 a Subdivision or County
requiring the combined forces of the Operational Area to manage.
(3) Unified command shall mean a unified team effort which allows all
agencies with, either geographical or functional responsibility to manage
an emergency by establishing a common set of emergency objectives and
strategies. This is accomplished without losing or abdicating agency
authority responsibility or accountability
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F OPERATIONAL AREA COUNCIL, EXECUTIVE BOARD AND
SUBCOMMITTEES.
(1) Operational Area Council. Title 19 California Code of Regulations
Section 2400 et seq. establishing the Standardized Emergency Management
System hereinafter referred to as SEMS, allows the COUNTY and all
SUBDIVISIONS to have representation in the Operational Area.
Therefore, the Operational Area Council, hereinafter referred to as the
`Council' is hereby created to include the signature Parties to this
Agreement. The Parties acknowledge that the Council is not a separate
legal entity and that it is not their intention to form a joint powers
authority.
a. Membership. All SUBDIVISIONS in the County of Orange
including cities, school and special districts, and the COUNTY by
approval and execution of this Agreement, are members of the
Council. Each Council Member shall designate a representative and
an alternate from its governing body to serve as it's representative.
b. Responsibilities. The members of the Council shall have
authority over the major policy issues of the Operational Area, as
determined by the Executive Board, including the adoption of and
amendments to this Agreement and adoption of any Operational
Area fees. However, whenever a majority of ail members of the
Council determine that an issue should be brought before the
Council, it shall be done so irrespective of the fact that the
Executive Board has failed to identify it as a major policy issue as
set forth in the first sentence of this subsection. It is not the intent
of this Agreement that there be regular meetings of the Council.
The Executive Board shall submit major Operational Area policy
issues to Council members for consideration at their respective
governing body meetings. The approval by a majority of the
governing bodies of all Council members shall be sufficient for
adoption of any Operational Area business, including the
amendment of this Agreement, and adoption of any Operational
Area fees.
a Representatives Meeting. Should it be necessary for the Council
to meet, the representative or alternate of each member of the
Council, shall be entitled to one vote. The representatives present
shall, by majority vote, select a Chair Pro Tem from among the
representatives present. A majority of all representatives of the
members of the Council shall constitute a quorum for the
transaction of business relating to the Operational Area. Unless
otherwise provided herein, a vote of the majority of those present
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and qualified to vote shall be sufficient for the adoption of any
motion, resolution or order and to take any other action deemed
appropriate to carry forward the objectives of the Operational Area.
In the event a tie vote occurs, in order to break the tie, the vote of
the Chair Pro Tem shall not be counted. The representatives of the
Council may meet as necessary as determined by the Executive
Board or as requested by a majority of the members of the Council.
(2) Operational Area Executive Board.
a. Creation of the Operational Area Executive Board. The
Council shall have an Executive Board, hereinafter referred to as
Executive Board, consisting of eleven voting members.
1) Members. Members are as follows:
a) A member of the COUNTY Board of Supervisors
b) A representative from the Orange County City
Engineers' and Public Works Directors'
Association
c) The Orange County Fire&Rescue Mutual Aid
Coordinator
d) A representative from the Orange County Fire
Chiefs' Association
e) The Orange COUNTY Sheriff-Coroner-Law
Enforcement Mutual Aid Coordinator
f) A representative from Independent Special Districts
of Orange County
g) A representative from the Orange COUNTY Health
Care Agency-Health Care Mutual Aid Coordinator
h) A representative from the Orange County Police
Chiefs' and Sheriff Association
i) A representative selected jointly from the
Orange County-City Manager's Association and
the League of Cities.
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j) A representative selected jointly by the Orange
County Superintendent of Schools, Community
Colleges and School Districts
k) A representative from the COUNTY Environmental
Management Agency-Public Works Mutual Aid
Coordinator
2) Terms, Alternates and Voting. Executive Board
members shall be appointed by their respective
organization every two years and shall serve at the
discretion of their organization for two years. An alternate
shall also be designated to serve the same term for each
Executive Board member appointed. Each Executive Board
member or alternate in the absence of any voting member
shall be entitled to one vote. A majority of the Executive
Board shall constitute a quorum for the transaction of
business relating to the Operational Area. Unless otherwise
provided herein, a vote of the majority of those present and
qualified to vote shall be sufficient for the adoption of any
motion, resolution or order and to take any other action
deemed appropriate to carry forward the objectives of the
Operational Area. In the event a tie vote occurs, in order to
break the tie, the vote of the Chair shall not be counted.
3) Operational Area Executive Board Chair and Vice-
Chair The Chair and Vice Chair shall be elected every
two years by the Executive Board. In the absence of both
the Chair and the Vice Chair, the members of the Executive
Board present shall, by majority vote, select one of the
members present to act as Chair Pro Tem.
4) Meetings. The Executive Board shall meet quarterly
or as designated by the Executive Board Chair
b. Responsibilities/Policy/Advisory Duties. The Executive Board
shall have responsibility for the overseeing the actions of the
Operational Area Manager in the daily operations and
administration of the Operational Area. The Executive Board
shall also have responsibility for the development, establishment
and implementation of the policies of the Operational Area, and
shall keep the Council informed of its actions. The Executive
Board shall determine which major policy issues of the Operational
Area issues require Council members' approval and shall seek such
approval. However, whenever a majority of all members of the
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Council determine that an issue should be brought before the
entire Council, it shall be done so irrespective of the fact that the
Executive Board has failed to identify it as a major policy issue as
set forth in this subsection.
1) Policy and Operational Area Emergency Plan. The
Executive Board is responsible for the establishment of
Operational Area policy and the development and
implementation by December 1, 1996, of the Operational
Area Emergency Plan, including mitigation, preparation,
response and recovery and for the ongoing exercise and
maintenance of the plan as required by SEMS.
2) Operational Area Budget and Operating Staff. The
Executive Board shall have the responsibility to direct the
development of and approve the Operational Area annual
operating budget and staffing utilizing resources made
available to the Operational Area by the State Office of
Emergency Services through the Federal Emergency
Management Assistance Program, and to monitor the
expenditures of the Operational Area. This shall include the
responsibility to seek grants from other sources to sustain
the preparedness and response efforts of the Operational
Area as further detailed in Section L of this Agreement, and,
if necessary to recommend for adoption by the members of
the Council, any Operational Area fees to sustain the
Operational Area. In the event the Executive Board
recommends adoption of fees, the Executive Board shall be
responsible for directing the development of and submitting
the Operational Area annual budget and staffing to the
members of the Council for approval.
3) Laws, Rules, Legislation and Regulations. The
Executive Board shall review and recommend for action or
adoption by the members of the Council, emergency and
mutual aid plans, agreements, ordinances, resolutions, and
any rules and regulations necessary to implement such
plans and agreements. The Executive Board shall also
study review and make recommendations on State and
Federal legislation and policy as appropriate, and on
matters referred to it in writing by Council members.
4) Recovery Operations. During the recovery phase of an
emergency the Executive Board shall provide advice to the
members of the Council regarding rebuilding and cost
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recovery The Executive Board shall direct the Operational
Area Manager, as designated in Section H of this
Agreement, to coordinate with the State Office of
Emergency Services as needed in this process.
5) Successor to the Operations Coordinator Due to the
changing circumstances and requirements of emergencies,
especially in transition from the response to and recovery
from an emergency the Executive Board is hereby given
authority to appoint an Operational Area Coordinator to
succeed the initial response Operational Area Coordinator
designated pursuant to Section G(1) of this Agreement.
c. Subcommittees and Technical Advisory Groups.
1) Establishment, Support and Coordination. The
Executive Board may establish standing and ad hoc
Subcommittees and Technical Advisory Groups to
complete its work and to ensure communication and
coordination between all interested persons or
groups, including but not limited to the COUNTY
SUBDIVISIONS, Orange County Emergency Management
Organization, Communications Systems, Transportation,
Care and Shelter Subcommittees and Technical Advisory
Groups may each elect a Chairperson and shall provide
appropriate staff support from their members. The
Operational Area Manager shall provide coordination
between these Subcommittees or Technical Advisory
Groups and the Executive Board only
2) OCEMO. There is hereby established a standing
Subcommittee to the Executive Board, the Orange County
Emergency Management Organization, hereinafter referred
to as `OCEMO' All Council members shall be expected
to participate in OCEMO, to the maximum extent possible,
with the understanding that the cooperative establishment
of the Operational Area Plan, policies and procedures,
training and exercises is necessary to ensure that the
Operational Area Plan, policies, procedures, training and
exercises meet the emergency needs of the
SUBDIVISIONS, COUNTY and Operational Area.
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a) Members.
1. Standing Members. Standing members
include the emergency services coordinators
designated annually in writing to the
Operational Area Manager by each Party
which is a signatory to this Agreement. The
COUNTY Emergency Manager shall be the
COUNTY Standing member
2. Approved Members. Designated
representatives from other public, non-profit
and private emergency response, recovery
and management agencies may actively
participate as approved members in
OCEMO Committees. These agencies may
include: Orange County Disaster Recovery
Alliance, Volunteer Agencies Active In
Disasters, American Red Cross, Volunteer
Emergency Preparedness Organization,
utilities, military bases, universities and
colleges, and the State Office of Emergency
Services. Membership shall be granted by
the Executive Board annually upon
recommendation made by majority vote of
standing members of OCEMO.
3. Associate Members. Members of other
organizations may participate as non-voting
Associate members.
b) Voting. Each of the Standing and Approved
members shall be entitled to one vote. The
Representative Board shall determine the issues
which require approval of the voting members of
OCEMO However, whenever a majority of all
members of OCEMO determine that an issue should
be brought before the entire OCEMO membership,
it shall be done so irrespective of the fact that the
Representative Board has failed to identify it as an
issue. It is not the intent of this Agreement that
there be regular meetings of OCEMO. Any member
of OCEMO may attend and be heard at the
Representative Board meetings and participate in
Representative Board committees. The Chair may
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convene a meeting of OCEMO and/or conduct a
vote by proxy Unless otherwise provided herein, a
vote of the majority of those qualified to vote shall
be sufficient for the adoption of any motion,
resolution or order and to take any other action
deemed appropriate to carry forward the objectives
of the Operational Area.
c) Chair and Vice-Chain. The Chair First and
Second Vice Chair shall be elected annually by the
Representative Board and shall serve both as the
officers of the Representative Board and OCEMO
In the event a tie vote occurs, the vote of the Chair
shall not be counted. In the absence of all officers,
the members of the Representative Board present
shall, by majority vote, select one of the members
present to act as Chair Pro Tem.
d) Representative Board. OCEMO shall have a
Representative Board, hereinafter referred
to as `Representative Board'
I. Membership. The membership of the
Representative Board shall be comprised of
the following standing members:
a. The COUNTY Emergency Manager/
Operational Area Manager
b. The Cities' Emergency Services
Coordinators
c. One representative selected jointly
by the Orange County
Superintendent of Schools,
Community Colleges and School
Districts
d. One representative selected jointly
by the Water and Irrigation Districts
e. A representative from the Orange
County Transportation Authority
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f. One representative selected jointly
by the Sanitation Districts
g. One representative selected jointly
by the Sanitary Districts
h. A representative from the Parks and
Recreation District
i. A representative selected jointly by
the Library Districts
j. A representative from the Cemetery
District
k. A representative from the Vector
Control District
1. A representative from the Storm
District
m. A representative selected jointly by
the Community Services Districts
2. Voting. Each of the Representative Board
members shall be entitled to one vote.
A majority of the Representative Board shall
constitute a quorum for the transaction of
business relating to OCEMO Unless
otherwise provided herein, a vote of the
majority of those present and qualified to
vote shall be sufficient for the adoption of
any motion, resolution or order and to take
any other action deemed appropriate to carry
forward the objectives of the Operational
Area.
3. Committees. The Representative Board
may establish Committees to accomplish
the OCEMO duties. All OCEMO members
are expected to participate in the
Committees to the maximum extent possible.
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e) Executive Council. The OCEMO Executive
Council shall consist of the OCEMO Chair, First and
Second Vice Chair, the immediate past Chair, and
the COUNTY Emergency Manager/Operational
Area Manager The Executive Council may meet at
the request of the Chair to develop agendas and
plans, and to analyze issues to be presented to the
OCEMO Representative Board.
1) Staff Support. The COUNTY shall provide
support to the OCEMO Representative Board for
agendas and minutes only Staff support to
OCEMO Committees shall be provided by OCEMO
members.
g) Purpose. As a Subcommittee responsible to the
Executive Board, the purposes of OCEMO include
the following:
1. Operational Area Plan. Development and
maintenance of the Operational Area
Emergency Plan as described in SEMS and
approved by the Executive Board.
2. Standard Operating Procedures.
Development and maintenance of
Operational Area standard operating
procedures and Operational Area Emergency
Operations Center procedures and guidelines
for use during emergencies, reviewed and
approved by the Operational Area Mutual
Aid Coordinators.
3. Emergency Training and Exercises.
Coordinate an annual Operational Area
exercise as required by SEMS and
coordinate training of personnel who are
part of the Operational Area Emergency
Organization.
4. Efficiency and Effectiveness. Identify
examine and develop plans and programs of
concern to all SUBDIVISIONS and the
COUNTY and coordinate the development
of appropriate plans and programs leading
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toward an integrated Operational Area
approach to preparedness for emergencies,
including use of cost efficient and effective,
coordinated public education and individual
emergency preparedness programs.
5. Legislation. Review and report on
legislation impacting emergency plans and
programs and propose concepts for new
legislation for consideration by the
Executive Board.
6. Plans and Agreements. Review proposals
of emergency mutual aid plans and
agreements and make recommendations on
approval of such proposals to the Executive
Board.
7 After Action Reports. Develop after
action reports for the Executive Board,
following emergencies in which the
Operational Area is activated.
8. Other Other duties and responsibilities as
delegated by the Executive Board.
h) Meetings. The Representative Board shall meet
every other month. Special meetings of the
Representative Board may be called by the Chair
Committees shall meet twice a month until the
Operational Area Emergency Plan and
procedures, exercise schedule and training, as
required by SEMS are completed, and as necessary
thereafter.
i) Finances. OCEMO has no authority to bind the
COUNTY or any SUBDIVISION to any financial
arrangement.
d. Operational Area Executive Board Emergency Advisory
Capacity The Executive Board may be convened by the Chair to
review the potential or actual emergency situation and make and
receive appropriate recommendations from the Operational Area
Coordinator, as designated below and Council members.
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G. CREATION AND POWERS AND DUTIES OF OPERATIONAL AREA
COORDINATOR.
(1) Operational Area Coordinator By this Agreement, Council designates
an Operational Area Coordinator, hereinafter referred to as `Coordinator'
Based on the type of disaster described below the initial response
Coordinator shall be the incumbent of the position designated below-
a. Law Enforcement Mutual Aid Coordinator The Law
Enforcement Mutual Aid Coordinator is designated as the initial
response Coordinator for emergencies where evacuation, law and
order are of the highest priority as related to earthquake, tsunami,
nuclear power plant emergency civil disturbance, terrorism, or act
of war
b. Fire and Rescue Mutual Aid Coordinator The Fire and Rescue
Mutual Aid Coordinator is designated as the initial response
Coordinator for emergencies where the life or safety of the public is
threatened due to fire, mass casualty emergency or hazardous
materials release.
c. Public Works Mutual Aid Coordinator The Public Works
Mutual Aid Coordinator is designated as the initial response
Coordinator for emergencies where public works, or environmental
protection resources shall be the primary method used for
mitigation and recovery such as during flood, storm, dam failure or
oil spill.
d. Health Care Mutual Aid Coordinator The Health Care Mutual
Aid Coordinator is designated as the as the initial response
Coordinator for emergencies where there is a threat of an epidemic
or a declared epidemic.
e. Alternates to the Operational Area Coordinator Each
incumbent of a position eligible to act as the initial response
Coordinator shall annually designate, in writing by name and in
order of succession, a minimum of two alternates. This designation
shall be filed with the Operational Area Manager as described in
Section H of this Agreement, no later than July 1st of each year
f. Line of Succession. In the event that neither the designated
initial response Coordinator nor either of the designated alternates
is available to serve in the capacity of the initial response
Coordinator the following line of succession shall be used to
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ensure continuity of Operational Area operations during times of
emergency
1) Law Enforcement Mutual Aid Coordinator and two
designated alternates.
2) Fire and Rescue Mutual Aid Coordinator and two
designated alternates.
3) Public Works Mutual Aid Coordinator, and two
designated alternates.
4) Health Care Agency Mutual Aid Coordinator and two
designated alternates.
(2) Unified Command and Joint Operational Area Coordinator Where
appropriate, the Coordinator shall use a unified command, which is
standard procedure for emergencies which involve multiple jurisdictions
or professional disciplines.
(3) Successor to the Initial Response Operations Coordinator Due to the
changing circumstances and requirements of emergencies, especially in
transition from the response to and recovery from an emergency the
Executive Board is hereby given authority to appoint successor Operational
Area Coordinator(s) to succeed the initial response Operational Area
Coordinator designated pursuant to Section G(1) of this Agreement. The
successor Coordinator(s) shall have the same powers and duties as the
initial response Coordinator, as specified in Section G(4) of this
Agreement.
(4) Powers and Duties. The Coordinator shall direct and coordinate the
Operational Area during times of emergency The Coordinator shall have
the following duties and powers:
a. Direction and Coordination. Serve as key decision maker, in the
Operational Area Emergency Operations Center providing
direction and coordination necessary to accomplish the purposes of
this Agreement and responsibilities of the Operational Area Lead
as specified in Title 19 California Code of Regulations Section
2409 (e).
b. Operational Area Representative. Represent the Operational
Area in all dealings with the public or private agencies on matters
pertaining to emergencies as defined herein.
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c. Emergency Public Information. Appoint a Public Information
Officer to coordinate the dissemination of all emergency
information, press releases, and public statements, to prevent
conflicting information, misinformation, and the initiation of
rumors, as appropriate to the type of emergency confronting the
Operational Area.
d. Emergency Proclamations. Each SUBDIVISION shall retain the
powers and responsibilities granfed by law to proclaim an
emergency in its jurisdiction, according to procedures set forth
by the jurisdiction. The COUNTY Board of Supervisors shall
retain the powers and responsibilities granted by law to proclaim an
emergency in the County geographic area, according to procedures
set forth in COUNTY Ordinance No. 3915 Section 3-1-6 of the
Codified Ordinances of the County of Orange and COUNTY Board
of Supervisors Resolution 95-386, as presently existing or as
hereafter amended.
H. CREATION OF POSITION AND POWERS AND DUTIES OF
OPERATIONAL AREA MANAGER:
(1) Operational Area Manager The position of the Operational Area
Manager is hereby created. The Operational Area Manager shall be the
COUNTY Emergency Manager as specified by COUNTY Ordinance No.
3915 Section 3-1-6 of the Codified Ordinances of the County of Orange
and COUNTY Board of Supervisors Resolution 95-386, as presently
existing or as hereafter amended.
(2) Powers and Duties. The Operational Area Manager shall have the
following powers and duties:
a. Staff to the Operational Area Executive Board. Serve as staff to
the Executive Board, maintain close liaison with the Executive
Board, and coordinate all activities of assigned Operational Area
staff with the Executive Board.
b. Daily Coordination and Assistance. Direct the daily
coordination and cooperation between the Operational Area staff
and the Operational Area Emergency Organization, and
Executive Board Subcommittees, including OCEMO Resolve
questions of authority and responsibility that may arise between
them, and work closely with and assist the Executive Board, as
required.
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c. Emergency Operations Center Maintenance. Maintain the
Operational Area Emergency Operations Center in a constant state
of readiness, providing staff as needed to support the Emergency
Operations Center operations during times of emergency in order
to coordinate emergency information between the COUNTY and
all SUBDIVISIONS, state and federal agencies, and volunteer
organizations.
d. Notification of Emergency Operation Center Activation.
Notify the Executive Board and Board of Supervisors of an
Emergency Operations Center activation as soon as practical,
and keep the Executive Board and Board of Supervisors informed
on all aspects of a current emergency situation as soon as
information becomes available.
e. OCEMO Support. Provide support to the OCEMO
Representative Board for agendas and minutes only Staff support
to OCEMO Committees shall be provided by OCEMO members.
f. Budget and Staffing. Develop an annual operating budget and
staffing recommendations and monitor the Operational Area
expenditures at the direction of and for the approval of the
Executive Board.
g. After Action Reports. Coordinate with OCEMO the development
of after action reports for the Executive Board, following
emergencies in which the Operational Area is activated.
L OPERATIONAL AREA EMERGENCY PLAN Under the direction of the
Executive Board, OCEMO shall be responsible for ensuring the development and
maintenance of the Operational Area Emergency Plan, which shall provide for the
effective mobilization of all of the resources of the Operational Area, both public
and private, to meet any condition constituting an emergency and shall provide
for the organization, powers and duties, and staff of the Operational Area
Emergency Organization as described in Section M of this Agreement.
(1) Compliance. The Operational Area Emergency Plan shall comply with
applicable local, state and federal planning criteria, analyze the risks faced
by the Operational Area, assign functional responsibilities to Mutual aid
organizations, COUNTY agencies/departments, SUBDIVISIONS, and
personnel, and assign lines of succession for the members of the
Operational Area Emergency Organization.
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(2) Functional assignments. The Operational Area Emergency Plan shall
include the functions assigned to the mutual aid organizations,
COUNTY agencies/departments and SUBDIVISIONS, and it shall be
the responsibility of the agency/department heads and SUBDIVISIONS to
appoint coordinators who shall report to the Emergency Operations Center
and carry out the assigned duties as appropriate.
(3) Adoption. The Emergency Plan shall not be effective until adopted by the
Executive Board and a majority of all Council members.
J. COUNTY SPECIFIC RESPONSIBILITIES. The COUNTY shall act as the
Operational Area Lead Agency The Operational Area Lead Agency shall have the
following responsibilities to the Operational Area in addition to those member
responsibilities specified under Section K of this Agreement:
(1) 24 Hour Contact Point. The COUNTY shall provide the 24 hour contact
point for the Operational Area and act as lead in activating the Operational
Area Emergency Operations Center, hereinafter referred to as `OAEOC'
(2) Operational Area Emergency Operations Center The COUNTY
Emergency Operations Center located at 2644 Santiago Canyon Road, in
Silverado, California and Alternate Emergency Operations Center, as
designated, shall serve as the OAEOC.
(3) Initial EOC Activation Staffing. The COUNTY shall provide initial
OAEOC activation staff. SUBDIVISIONS with available resources
shall provide secondary and relief OAEOC staffing.
(4) EOC Maintenance. COUNTY Emergency Management staff shall be
responsible for ensuring the OAEOC is maintained in a state of constant
readiness.
(5) Operational Area Council Executive Board Support. The COUNTY
shall provide support to the Executive Board for agendas and minutes for
meetings and coordinating follow up only Staff support to
Subcommittees and Technical Advisory Groups shall be provided by
Council members and their representatives.
(6) OCEMO Support. The COUNTY shall provide support to the OCEMO
Representative Board for agendas and minutes only Staff support to
OCEMO Committees shall be provided by'OCEMO members.
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IC OPERATIONAL AREA COUNCIL MEMBER RESPONSIBILITIES:
Members of the Operational Area Council shall have the responsibilities as set forth
below-
(1) Participation. Actively participate as a member in the Council, Executive
Board if designated, Subcommittees and Technical Advisory Groups
including OCEMO, and in the Operational Area Emergency Organization,
including providing staff to support the work of the Executive Board,
Subcommittees and Technical Advisory Groups.
(2) Emergency Plan and Organization. Maintain an emergency plan and
organization to provide for the emergency needs in the SUBDIVISION
according to SEMS, and coordinate with and, where able, support other
SUBDIVISIONS, the COUNTY and the OAEOC.
(3) Emergency Management Program. Develop an emergency
management program which shall provide for the needs of the
SUBDIVISION, which shall be complementary to and compatible and
coordinated with the needs of the Operational Area in the event of an
emergency
(4) Emergency Assistance. Provide assistance during an emergency
a. Capabilities and Agreements. SUBDIVISIONS shall offer
assistance within the limits of capabilities and according to
applicable mutual aid agreements.
b. EOC Staffing. SUBDIVISIONS with available resources shall
provide secondary and relief OAEOC staffing.
(5) Resource list. Maintain a current resource listing of the facilities,
equipment and supplies available in the jurisdiction for use in the event of
an emergency
(6) Cooperation. Promote cooperation among all SUBDIVISIONS in order
to improve the overall Operational Area emergency management
program.
i (7) Training and Exercises. Assure training and exercises within the
SUBDIVISION and Operational Area, maintain a thorough knowledge of
the Operational Area Emergency Plan and ensure that the supporting
services and key personnel are properly trained and organized to meet all of
their responsibilities in the event of an emergency
I8
(8) Emergency Notifications. Ensure that internal and Operational Area
emergency notification lists are kept current.
(9) Procedures. Develop SUBDIVISION procedures which outline the steps
necessary to complete tasks as a member of the Operational Area.
(10) Critical Personnel. Identify at least two alternates for each person
deemed critical to SUBDIVISION and Operational Area operations, either
to serve in the capacity of the primary contact when (s)he is not available,
or to facilitate 24 hour operation when needed in times of emergency
L. OPERATIONAL AREA EXPENSES AND REVENUES
(1) Minimum costs/efficiency All costs shall be kept to a minimum, and
efficiencies in use of staff, materials, etc. shall be a priority
(2) Costs of Operational Area EOC Emergency Activation. The
COUNTY declares its willingness to provide the Operational Area
24 hour contact point, the OAEOC and initial OAEOC staffing, and
to activate the OAEOC as required by SEMS as set forth in Section
N(4) of this Agreement. The COUNTY shall exercise prudence in
the staffing and level of activation, and shall deactivate the OAEOC
when requested by SUBDIVISION(s) or as soon as practical, as
allowed by law The COUNTY is to act as a member of the
Operational Area only and shall not be solely responsible for the
costs of activating the OAEOC. The Executive Board shall be responsible
for the development of policy and procedures similar to other mutual aid
agreements where in SUBDIVISION(s) requiring activation of the
OAEOC shall be responsible for reimbursement of the COUNTY and other
SUBDIVISIONS for the cost of activation, if the COUNTY does not
activate the OAEOC for its use, and cannot legally declare an emergency
for the purposes of reimbursement from the State or Federal governments.
(3) Operational Area Administrative Expenses. The Executive Board shall
be responsible for acquisition and distribution of Emergency Management
Assistance grant funds, and any other funds, to cover the administrative
costs of the Operational Area, including any reimbursement to the
COUNTY for services requested of the COUNTY pursuant to this
subsection. The Executive Board shall be responsible for determining the
potential source of, and for acquiring funds or staff time to match the
grant(s). The COUNTY shall provide administrative staffing for the
Operational Area, as determined by the Executive Board and/or Council in
the annual budget, to carry out the duties as delineated in Section H of this
Agreement. The COUNTY is to act as a member of the Operational Area
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(4) Emergency Expenses. During emergencies, all Parties shall be
expected to participate, according to mutual aid and other agreements,
and to the maximum extent possible, with the understanding that during an
emergency the priority is life, safety property and the environment,
regardless of which jurisdiction is impacted.
(5) Emergency Aid to Parties. Nothing herein shall be construed to restrict
or control any Party's right or ability to apply for or receive emergency
aid, loans or grants from any source including the State and Federal
government. Neither any Party nor the Operational Area shall have any
claim upon or interest in any emergency aid funds obtained by any other
Party for it's emergency expenses, with the exception that
SUBDIVISIONS may be responsible for reimbursement of OAEOC
activation costs as set forth in Section (L) of this Agreement.
M. DESCRIPTION, FUNCTION AND DUTIES OF 111E OPERATIONAL
AREA EMERGENCY ORGANIZATION
(1) Description. All officers and employees of the Parties, together with those
volunteer forces enrolled to aid them during an emergency and all groups,
organizations, and persons who may by agreement or operation of law
including persons pressed into service under the provisions of COUNTY
Ordinance No. 3915 Section 3-1-6 of the Codified Ordinances of the
County of Orange as presently existing or as hereafter amended, shall
constitute the Operational Area Emergency Organization, and shall be
charged with duties incidental to the protection of life and property in the
Operational Area during times of emergency
(2) Functions and Duties. The functions and duties of the Operational Area
Emergency Organization shall be distributed among such Mutual aid
organizations, COUNTY agencies/departments, SUBDIVISIONS, and
staff as the Operational Area Emergency Plan shall prescribe. The form of
the organization, titles and terminology shall conform to SEMS.
N. ACTIVATION OF to OPERATIONAL AREA EMERGENCY
OPERATIONS CENTER
(1) Location. The COUNTY Emergency Operations Center located at 2644
Santiago Canyon Rd. Silverado, California, or alternate as designated,
shall serve as the OAEOC. Communication connection to the OAEOC
shall be the responsibility of each SUBDIVISION and Mutual aid
Coordinator or their representative.
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(2) Virtual Operational Area EOC. The OAEOC shall be used as the
communication and coordination center and in so far as possible, function
as a virtual OAEOC, utilizing any available telecommunication resources
so that Parties may communicate without collocation. However, to ensure
communication, it may be necessary for representatives and any support
staff they may require to be present at the OAEOC. SUBDIVISIONS not
present shall be responsible for establishing direct contact with the
OAEOC.
(3) Staff for the Operational Area Emergency Operations Center
a. OAEOC Maintenance. COUNTY Emergency Management staff
shall be responsible for ensuring the OAEOC is maintained
in a state of constant readiness.
b. Initial Activation and Beyond. The COUNTY shall provide
initial OAEOC activation staff: SUBDIVISIONS with available
resources shall provide secondary and relief OAEOC staffing.
emergency management or other mutual aid shall be used to staff
the OAEOC as necessary
c. Mutual Aid Coordinators. Mutual Aid Coordinators may be
present in the OAEOC, but if not present, shall be responsible for
establishing direct contact with the OAEOC.
(4) Required Activation:
a. Support to Emergency The Operational Area functions as
support to the local government and field response and does not
command the emergency response directly
b. Conditions. Activation of the OAEOC is required by SEMS,
Title 19 California Code of Regulations Section 2409 (f), under the
following conditions:
1) On Request. A local government within the Operational
Area has activated its EOC and requested activation of the
Operational Area to support their emergency operations.
2) Two City Local Emergency Two or more cities within
the Operational Area have declared or proclaimed a local
emergency
21
3) COUNTY and City Local Emergency `The County
and one or more cities have declared or proclaimed a local
emergency
4) Request for Governor's Proclamation. A city city and
County or County has requested a governor's proclamation
of a state of emergency as defined in Government Code
8558(b).
5) State of Emergency A state of emergency is proclaimed
by the governor for the County or two or more cities
within the Operational Area.
6) Request for Outside Resources. `The Operational Area is
requesting resources from outside its boundaries, except
those resources used in normal day-to-day operations which
are obtained through existing agreements providing for the
exchange or furnishing of certain types of facilities and
services on a reimbursable, exchange, or other basis as
provided for under the Master Mutual Aid Agreement.
7) Request for Operational Area Resources. `The
Operational Area has received resource requests from
outside its boundaries, except those resources used in
normal day-to-day operations which are obtained through
existing agreements providing for the exchange or
furnishing of certain types of facilities and services on a
reimbursable, exchange, or other basis as provided for
under the Master Mutual Aid Agreement.
c. Activation Levels. The OAEOC activation levels are described
below-
1) Activation Level One. Level One shall mean activation of
the OAEOC at a minimum level with COUNTY emergency
management staff to prepare the OAEOC and notify the
Operational Area Emergency Organization and coordinate
information among the members of the Operational Area
and with Regional State officials as required by SEMS.
2) Activation Level Two. Level Two shall mean partial
activation of the OAEOC, staffed by the Operational Area
Coordinator or alternate, COUNTY emergency
management personnel, along with personnel from
COUNTY agencies/departments and other personnel
22
selected to meet the functional needs of the emergency
Operational Area Emergency Organization during times of
emergency
3) Activation Level Three. Level Three shall mean full
activation of the OAEOC, including all personnel as
indicated at level two plus the Executive Board, who shall
serve as the Policy Group to advise the Coordinator on the
use of resources in response to the disaster, establish
policies, rules and regulations regarding the disaster and the
subsequent recovery operations, and prioritize resources to
effectively mitigate the disaster
O. Ebr1CTIVE DATE. This Agreement shall become effective upon the approval
and execution by the COUNTY Board of Supervisors and at least one SUBDIVISION.
Any SUBDIVISION in Orange County may become a Party hereto by executing this
Agreement. Notice shall be provided to the COUNTY upon a SUBDIVISION's
execution of this Agreement as indicated in Section T of this Agreement.
P WITHDRAWAL. Any Party may withdraw from this Agreement by providing
written notice to the COUNTY Said notice shall be given 30 days before withdrawal
from this Agreement.
Q. SUSPENSION OF VOTING PRIVILEGES: In the event Operational Area
fees are adopted, a Party s failure to pay said fees within 60 days after said fees become
due, shall result in the immediate suspension of that Party's voting privileges in matters
considered by any body board, subcommittee, committee, or group established by this
Agreement. Voting privileges shall be restored upon payment.
IL INDEMNIFICATION Each Party shall defend, indemnify and hold harmless the
other Parties, and their officers, agents, employees and representatives from any and all
losses, liability damages, claims, suits, actions, administrative proceedings, demands, and
litigation, and all expenses and costs relating to acts or omissions of the indemnitor, its
officers, agents, employees, or representatives arising out of or incidental to performance
under this Agreement. No Party assumes liability for the acts or omissions of persons
other than that Party's respective officers, agents, employees or representatives.
S. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, and all of which shall constitute
one and the same instrument.
T. AMENDMENT This Agreement may not be amended or modified except in a
writing executed by a majority of all Parties.
23
U. NOTICE. Notice to members shall be deemed given when mailed to them, first
class, postage prepaid, or faxed to the address or fax number set out by their signatures.
V SEVERABILITY Should any part, term or provision of this Agreement be
determined by a court to be illegal or unenforceable, the remaining portions or provisions
of this Agreement shall nevertheless be carried into effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
DA1hll: COUNTY OF ORANGE, a political sub-
division of the State of California
By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD-
Kathleen Goodno
Acting Clerk of the Board of Supervisors
of Orange County California
NOTICE TO THE COUNTY OF ORANGE
TO BE GIVEN TOβ’
Loletta M. Barrett, Emergency Manager
2644 Santiago Canyon Rd.
Silverado, CA 92676-9719
FAX. (714) 834-7354
APPROVED AS TO FORM:
Lawrence M. Watson
Chief Assistant County Council
By
Ann E. Fletcher, Deputy
Dated:
24
OPERATIONAL AREA AGREEMENT
OF 171x: COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS
DATED- /2-,4--7 r Costa Mesa Sanitary District
(1:--4"4-42 )β..-'vim .
(signature
(type name)
Glair
(title)
ATTEST
ase
By - a
(signature)
Nate Reade
(type name)
Secretary
(tide)
Date December 14 1995
NOTICE TO SPECIAL DISTRICT TO BE GIVEN TO-
Robin B. Hamers, Manager/Engineer
Costa Mesa Sanitary District
P O Box 1200
Costa Mesa, CA 92628-1200
FAX. (714)432-1436
APPROVED AS TO FORM:
(signature)
(type name)
(title)
Dated