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Resolution 12631CITY OF ALAMEDA RESOLUTION NO. 12631 ADOPTING THE AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION WHEREAS, the potential for a major catastrophe due to natural or human - caused disaster causes all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the County of Alameda, other cities, special districts, and other public benefit non - profit corporations together in pre - disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization" created to perform extraordinary functions for local ,governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management` of resources. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby agrees to participate in the Alameda County Operational Area Emergency Management Organization by adopting the Agreement attached hereto as Exhibit A as it was approved by the Alameda County Board of Supervisors on January 24, 1995; and BE IT FURTHER RESOLVED that the City Manager designate, in writing, the following: 1. Three persons who will be provided training and orientation to the policies and procedures so that they may represent the City of Alameda to the Operational Area Emergency Management Organization; and 2. A line of succession of officials (minimum of three persons) who are empowered to represent the City of Alameda to the Operational Area Emergency Management Organization; and BE IT FURTHER RESOLVED, that the City Manager provide these two lists to the Alameda County Operational Area Emergency Management Organization within thirty (30) days of adoption of this resolution. AGREEMENT FOR PARTICIPATION iN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION This Agreement is made this 24th day of January, 1995, by and between the County of Alameda and the cities, special districts, and other public benefit non-profit corporations that are parties to this Agreement. WHEREAS, the potential for a major catastrophe due to natural or manmade disaster causes all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the County of Alameda, the Cities, Special Districts, and other public benefit non- profit corporations together in pre - disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization" created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources; THE COUNTY, CITIES, SPECIAL DISTRICTS, AND OTHER PUBLIC BENEFIT NON- PROFIT CORPORATIONS AGREE AS FOLLOWS: 1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION The parties to this Agreement recognize an Operational Area, as the term is defined in the California ` Emergency Services Act (California Government Code, § 8550 et seq,) which designates an intermediate level of organization, cooperation, and planning between public entities within Alameda County boundaries. The County of Alameda, cities, special districts, and other public benefit non- profit corporations that are parties to this Agreement shall participate in this organizational structure which is a partnership for a systematic approach for exchanging disaster intelligence, mutual aid requests, and resource requests in emergencies and also to provide emergency preparedness on a day -to -day basis through cooperative training and exercise activities. EXHIBIT A Alameda County Operational Area Agreement page 1 The Operational Area Emergency Management Organization will be the primary contact point during an emergency in Alameda County for sharing disaster intelligence among local agencies and between the Operational Area Emergency Management Organization and state and federal agencies requesting information. The Operational Area Emergency Management Organization will assist parties to this agreement share resources before, during, and after an emergency to prepare, respond, and recover from disasters that strike Alameda County. The Operational Area Emergency Management Organization will prioritize competing needs according to the policies and procedures approved by the Operational Area Council. Each of the parties to this Agreement will designate individuals to be trained to represent their agency in the Operational Area Emergency Management Organization. The training will be an orientation on the policies and procedures of the Operational Area Emergency Management Organization. Each party to this Agreement will also designate, in writing, a line of succession of officials who are empowered to represent the party to the Operational Area Emergency Management Organization. 2. CONSIDERATION The consideration under this Agreement is the mutual advantage of protection afforded 3 each of the parties to this Agreement. There shall not be any monetary compensation aquired from any party to another party as a condition of assistance provided under this agreement, except for reimbursement of direct costs as designated in mutual aid agreements. Nothing in this agreement shall be construed as altering any pre- existing disaster response agreements between the parties. 3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM The Operational Area Emergency Management Organization and its policies and procedures will be regulated by the Standardized Emergency Management System as stated In California Government Code, §8607, and its implementing regulations, California Code of Regulations, Title 19, Division 2, Office of Emergency Services, Standardized Emergency Management System, and guidelines. The incident command system and a multi- agency coordination system, as described in those regulations and guidelines, will be used for coordination and direction of the parties to this agreement participating in emergency efforts. The Alameda County Emergency Operations Plan shall be the primary method and criteria used to conduct Operational Area Emergency Operations Center activities. OPERATIONAL AREA COORDINATOR he Sheriff /Director of Emergency Services is the Operational Area Coordinator. It is the responsibility of the Operational Area Coordinator to oversee the operation of the Alameda County Operational Area Agreement page 2 Operational Area Emergency Management Organization and to reasonably interpret the terms of this agreement. It is the responsibility of the Operational Area Coordinator to encourage equal representation by parties to the agreement on a day -to -day basis and to include representatives of affected parties to this agreement and mutual aid coordinators in the operational decision making before, during, and after a disaster strikes Alameda County. 5. COUNCIL An Operational Area Council is hereby established consisting of a representational membership of the party jurisdictions to this Agreement. The Council shall include one voting representative from each of the following: a. The President of the Board of Supervisors, or his /her designee; b. The Sheriff /Director of Emergency Services, or his /her designated alternate; c. The Alameda County Administrator, or his /her designated alternate; d. The County Agency Heads having primary functional responsibilities in a disaster, or their designated alternates; e. The President of the Emergency Managers' Association of Alameda County, or his /her designated alternate; f. The President of the Alameda County Fire Chiefs' Association, or hislher designated alternate; g. The President of the Alameda County Sheriff and Police Chiefs' Association, or his/her designated alternate; h. A City Manager of a North County City, or his/her designated alternate, chosen annually by the cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont to represent them in the Council; A City Manager of a South County City, or his /her designated alternate, chosen annually by the cities of Fremont, Hayward, Newark, San Leandro, and Union City to represent them in the Council; !• A City Manager of an East County City, or his /her designated alternate, chosen annually by the cities of Dublin, Livermore, and Pleasanton to represent them in the Council; Alameda County Operational Area Agreement Page 3 k. A General Manager of a Regional District based In Alameda County, or his/her designated alternate, chosen annually by participating regional districts, defined as a special district having service areas in more than one county, to represent them in the Council; L A General Manager of a Special District, or his/her designated alternate, chosen annually by participating special districts having their entire service area within the boundaries of Alameda County to represent them in the Council; m. The Alameda County Superintendent of Schools, or his/her designated alternate, to represent the school districts of Alameda County; n. A Director of a Public Benefit Non- profit Corporation, or his/her designated alternate, chosen annually by the Collaborating Agencies Responding to Disasters to represent them in the Council; o. A Chief Executive Officer or President, or his/her designated alternate, or his/her designee, of a private sector company doing business In this county that is an active member of the Emergency Managers' Association of Alameda County and is selected annually by the Sheriff /Director of Emergency Services; and p. Such representatives of other organizations, either civic, business, labor, veterans, professional or other organizations having an official group or organization having disaster responsibility and may be appointed by the Operational Area Coordinator. it is the responsibility of the Operational Area Council to set the policies and procedures for the governing of the Operational Area Emergency Management Organization and to review and approve recommendations for changes to these policies and procedures on an annual basis. The Operational Area Council will also serve as the Alameda County Civil Defense and Disaster Council, as described in the Alameda County Administrative Code, Chapter VI. The County of Alameda will supply staff support for the Operational Area Council. 6. PROVISION OF FACILITIES AND SUPPORT The County of Alameda shall provide its emergency operations center as the site for the Operational Area Emergency Management Organization. The County of Alameda will provide support staff for the emergency operations center and all reasonable supplies for the Operational Area Emergency Management Organization during actual activations, drills, and exercises. All parties to this Agreement may provide representatives for decision making and liaison to operational elements of the Operational Area Emergency Management Organization when activated. Alameda County Operational Area Agreement Page The Operational Area Emergency Management Organization will facilitate the mutual aid systems used by local agencies to assist each other in a disaster with the resources necessary to save lives, mitigate property loss, and meet the basic needs of the people. 7. TERM OF AGREEMENT This Agreement shall be effective from the date executed by all parties until December 31, 2005, This Agreement may be terminated prior to the conclusion of the term by mutual agreement of a majority of the member parties, S. WITHDRAWAL OF PARTY Any party to this Agreement may withdraw as a party to this Agreement prior to the termination of the term of this Agreement upon giving thirty (30) days prior written notice to all other parties, 9. ADDITIONAL PARTIES Additional parties, who are public entities within the geographical boundaries of Alameda County, may join in this Agreement and become a member party upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement. The executed Exhibit shall become a part of this Agreement automatically after the expiration of thirty (30) days following notification by the new party to all other parties of the execution of the exhibit. Thereafter, the entity shall be considered to be a party to this Agreement unless the entity withdraws as provided herein. Provided however, in the event any existing party to the Agreement gives all other panes notice of its objection to the addition of the particular entity becoming a member to this Agreement, within the thirty (30) day notice period, the addition of such party to this Agreement shall require the consent of a two- thlyds majority of the then member parties. 10. INDEMNIFICATION AND HOLD HARMLESS Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury, or death incurred in nsequences of the acts or omissions of the indemnifying parties' own emploYees and agents in the performance of this Agreement. Alameda County operational Area Agreement Page 5 I 1. SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries, employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the Individual. It is understood that each party's employees have no rights, benefits, or special employment status conferred by reason of this agreement. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS: APPROVED AS TO FORM AND CONTENT: KELVIN H. BOOTY, JR. County Couns,i By County Counsel MARY ANN CABRAL Acting- County Risk Manager By Acting -Co ty Risk Manager ATTEST: DARLENE BLOOM Acting - Clerk, Board of Supervisors Alameda County, California COUNTY OF ALAMEDA, a political subdivision of the State of California By GAIL STEELE, President Board of Supervisors I hereby certify under penalty of perjury that the President of the Board this document on behalf of the yard on JAN 2 4 1995 ; and 'Ns provided by Govecnmenc Coda 7! of Supervisors was duly authorized t •ec County of Alameda by a majority voWof: that a copy has been delivered to tie ,;<• Section 25103. .Pate: FEB 0; 'M WILLIAM kt R LI)t, Clerk, Board of Supervisors, County.of-Almgda, S -te of California By Alameda County Operational Area Agreement page 5 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of April , 1995, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of April , 1995. Diane B. Felsch, City Clerk City of Alameda