Section Updates made (2024) Original (2014) Comments Notes JPA statement THIS JOINT POWERS AGREEMENT ("Agreement") is made as of the Effective Date by and between the public entities set forth THIS JOINT POWERS AGREEMENT ("Agreement") is Their definition of the "Organization" is inconsistent throughout the Clarifying Organization and the below, creating the San Mateo County Operational Area Emergency Services Organization Authority ("Organization"), also made as of the Effective Date by and between the document, and seems to exclude DEM as even being part of the ESC are the same known as the Emergency Services Council ("ES"). public entities set forth below, creating the San organization. There needs to be better delineation of who the members Mateo County Operational Area Emergency Services are. This delineation needs to include EMA as well. The ESC is the governing Organization Authority ("Organization"). body side, and the Emergency Managers Association (EMA) is the operations side. Together the ESC and EMA form the Emergency Services Organizations on the city and possibly the County areas served by a Fire Protection District as well. This is the only way that the ESC can make informed decisions.
EMA is buried later on, and I think it should be moved or at least referenced here
Whereas Member Agencies have established a unified emergency services organization by forming the Organization; Whereas the Member Agencies' goal is to establish a Clarity in language Recitals unified emergency services organization; and
Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of Whereas the Member Agencies agree that the Based on 'all phases of emergency management Clarity in language persons and property based on the phases of emergency management; and collective goal is to provide coordinated plans for the Recitals protection of persons and property based on the phases of emergency management; and
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo This Agreement creates an entity to exercise the They are the Emergency Management OA?, however it references response, Language changed for County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: powers shared in common by the Member Agencies need to ensure Fire, Law and EMS have their own OA coordinators outside conciseness and clarity. prenaredness mitigation, response, and recovery Such purnoses are to he accompliched and the Memhers Agencies' common to engage in local and regional operative planning of DEM? They are the Emergency Management DAD, however it references powers exercised as set forth in this Agreement and coordination and delivery of services. As part of response, need to ensure Fire, Law and EMS have their own OA coordinators this Organization's purpose, Member Agencies seek outside of DEM? to meet or exceed the current Emergency Response
Planning and Management Capabilities within the
1.01 Operational Area. Further, Member Agencies seek to support existing regional Public Information and
Notification Systems, and to continue to support the
regional hazardous materials emergency response
program. Such purposes are to be accomplished and
the Members Agencies' common powers exercised as
set forth in this Agreement.
Pursuant to the JPA Act, the Member Agencies hereby reaffin the creation of an entity to be known as the Organization or Pursuant to the Joint Exercise of Powers Act, the This would need to be reworded to incorporate the EMA group. Needs to Language changed for ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from Member Agencies hereby create a public entity to be include DEM and EMA as part of the organization. conciseness and clarity the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the known as the "San Mateo County Operational Area Member Agencies; however, the Organization may undertake any action outside those geographic boundaries as is necessary Emergency Services Organization Authority" and incidental to accomplishing its purpose. ('Organization.") The Organization shall be a public entity separate and apart from the Member Agencies.
1.02 The geographic jurisdiction of the Organization is all territory within the geographic boundaries of the
Member Agencies; however, the Organization may
undertake any action outside those geographic
boundaries as is necessary and incidental to
accomplishing its purpose.
Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that Membership in the Organization is limited to public This seems to be in conflict with the recitals above Clarity in language have approved and executed this Agreement, and contributed resources of any kind toward establishing and supporting the entities, as defined by the Joint Exercise of Powers Organization (including, but not limited to financial, personnel, equipment, or other resources) as approved by the ESC Act, located or operating within San Mateo County that have approved and executed this Agreement,
1.03 and contributed resources of any kind toward
establishing and supporting the Organization
(including, but not limited to financial, personnel,
equipment, or other resources) as approved by the
Emergency Services Council.
Section Updates made (2024) Original (2014) Comments Notes The DEM will establish standards for emergency management practices within the SMC OA, which Member Agencies in the [new addition] "The DEM shall, in conjunction with Member Agencies, establish standards New proposed language: The Organization will follow. for emergency management practices within the SMC OA in accordance with DEM will establish standards for State and National standards. The standards should be developed with input emergency management from and attain consensus of the member agencies through each agencies practices within the SMC GA. emergency manager or other designee." Member Agencies will take Member agencies as well as DEM shall train and exercise to these those standards into
1.04 standards." consideration and implement
if the piece about "Which Member Agencies will follow" is going to remain, them as they see fit within their then it also needs to say that DEM will follow them as well. I am not sure respective jurisdictions. that it is really needed. This looks like all member agencies will be required to do whatever UtM decides, might not be in every agencies interest to follow all emergency management practices in their individual jurisdictions? The DEM will establish standards for emergency management practices within the SMC OA, which Member Agencies in the [new addition] This is the first time DEM is mentioned, as there is no definition as to who Organization will follow. they are, and what their role is. As written, DEM has no say in anything really if you get right down to it. Remove first sentence. Second Sentence change from ensure to assist; change expected to encourage. The revised language is a wild departure from the previous language and appears to establish DEM
1.04 as an absolute authority in setting emergency procedures, which member agencies "shall" follow. This fails to reflect the critical collaboration that must be involved in setting these standards, and also appears to compromise the individual authority of each Chief/jurisdiction. I do not have proposed alternative language, but perhaps removing this section, or reverting back to the previous language is most appropriate.
Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Participation in the Organization is intended to ensure Needs to include EMA, but also needs to delineate differences between the Clarity in language Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their cooperative emergency planning and response; all ESC and the Organization. They made a point of drawing a distinction jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist participating Member Agencies and partners are between the Organization, and the ESC above, and I think they mean the ESC in supporting the implementation of this Agreement. expected to attend all regular and special meetings of here. This looks like all member agencies will be required to do whatever the Emergency Services Council, encourage active DEM decides, might not be in every agencies interest to follow all emergency
1.04 participation bv their iurisdictions in the development manaeement practices in their individual lurisdictions? of plans and training programs, drills, exercises and
training opportunities, and otherwise assist in
supporting the implementation of this Agreement.
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contracts), as required to The Organization may purchase, lease, own and/or The Organization may: a. Purchase, lease, own and/or dispose of property Clarity in language satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and dispose of property and equipment and enter into and equipment, b. Enter into contracts), as required to satisfy the purposes improvements, sue and be sued in its own name, and invest surplus funds. contracts), as required to satisfy the purposes of this of this Agreement c. Employ agents and/or employees; d. Operate works and
1.05 Agreement. The Organization may employ agents mprovements, e. Sue and be sued in its own name, f. Invest surplus funds and/or employees, operate works and improvements,
suc and be sued in it own nome and invest surplus
funds.
Composition of the Organization [3.01] Composition of the Council An example of where DEM is excluded from the "Organization" Clarity in language
2.01 The Organization shall be administered by the ESC consisting of the following members: The Organization shall be administered by the This seems to be inconsistent with the definition of the "Organization"
2.01 Emergency Services Council ("Council) consisting of above. I think this should probably be the ESC specifically. the following members:
he Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall [3.01 a,c] A member of the San Mateo County Board This should be moved to become Item B combined point a and c from
2.01 (a) pointed by the President of the Board of Superviso of Supervisors, who shall be designated by the the original document Supervisors. The Chair of the Emergency services
he mayor of each city or town in the County, or the mayor's designated representative, with the understanding that an [3.01] Each governing body of a Member Agency shall This needs to include what happens with Fire Protection Districts and Clarity in language epresentative shall be member of the City Council of the city whose mayor they are representing annually select and appoint a representative to serve possibly JPA's on the Council and may select and appoint an
2.01 (b) alternate representative. Each representative and alternative representative must be a member of the
governing body of the Member Agency.
A Vice-Chair shall be selected by the ESC. [3.01d)A Vice-Chair shall be selected by the Council. ESC at the first regularly scheduled meeting after regular municipal elections Codifying ESC practices
2.01 (c)
2.02 (e) Oversee all committee activities. [3.02 e] Oversee all committee activities. Which committee?
Section Updates made (2024) Original (2014) Comments Notes * for the entire section Mutual Aid Plans- Does that apply to Fire Department Mutual Aid Plans? ESC is for Emergency Remove emergency and mutual aid plans and agreements; add fire and law Management and does no:
2.03 resources and assets, plans and agreements or ordinances and resolutions pertain to Law, Fire or EM and rules and regulations (This section does not apply to fire and law resources, assets, etc.) Remove C. & D. also.
To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans To review and recommend adoption by the Board of To review and recommend adoption of emergency operations plans, mutual Codifying ESC practices and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and Supervisors and City Councils of each City, Emergency aid plans and mutual aid agreements by the Board of Supervisors as well as agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization. Plans, programs and agreements, in addition to the local government governing bodies. This should include ordinances and basic agreements as deemed necessary to carry out supporting resolutions, rules and regulations related to emergency
2.03 (a) the purpose of the Organization. management as deemed necessary to carry out the objectives of the Organizatio
To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval [3.03 b]To approve an annual budget in an amount Seems to be putting the cart before the horse. Should probably add a section Clarity in language of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member necessary to carry out the purposes of the identifying how the organization is funded, and then go into the budgeting Agency to secure from each the appropriation consistent with each Member Agency's identified allocation (via Budget Sheets.) Organization. Upon review and approval of the annual responsibility of the ESC budget by the Council, each Member Agency shall
2.03 (b) recommend the budget to the governing body of the Member Agency for the purpose of securing from
each the appropriations in accordance with each
Member Agency's identified allocation (via Budget
Shepts)
Each Member Agency's Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for Each Member Agency's Executive Officer shall identify This should be simplified, but more than that, it should be its own section Clarity in language regular participation in the san mateo Lounty Emergency Managers Association (SM. EMA) and work alongside the DEM. and designate at the beginning or each riscal year, a delneating the EMA's responsibities with a clear reporting need to the Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days. local coordinator for regular participation in the San member agency rep to the ESC via the City Manager or other executive.
Mateo County Emergency Managers Association. Right now it designates the EMA but doesn't really say what they do. I would
2.03 (c) Should the identified Coordinator change at any time say it belongs in Article I!!. during the year, the Member Agency shall advise the
Director of Emergency Services within 30 days.
if a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a [3.03 d] If a Member Agency participates in a contract This can be delineated in the separate section for the EMA Replaced OES with DEM local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the relationship for the provision of emergency services, DEM and the Organization. it is still required to name a local emergency
2.03 (d) coordinator to the Emergency Managers Association lu will assure be contuity of communicatiun
between the Member Agency, the County Office of
Emergency Services (OES) and the Organization.
• for the entire section Maybe a good question for DEM's legal counsel about the meeting and
2.04 agenda rules? - Remove a. and c. Emergency Management Director having authority to cancel or call meetings or special and leave with Chair and Vice Chair only
The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one [3.04)The Council shall approve a schedule for its establish instead of approve, a. The ESC shall fix the date, hour, and location Clarity in language calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a regular meetings provided, however, that the Council of regular meetings by resolution and b. The Secretary shall transmit a copy copy of the resolution to each Member Agency at the first meeting of the fiscal year. By the approval of the Chair, Vice Chair, or shall hold at least one regular meeting quarterly. The of the resolution to each Member Agency at the first meeting of the the Department of Emergency Management Director ("DEM Director"), meetings can be canceled due to extenuating Council shall fix the date, hour and location of regular calendar year. c. Meetings may be canceled due to extenuating circumctances, which may includa, but are not limited to, a lack of agonda itame. mootinge by recolution and the Socrotary chall circumctancoc, which may includo, but aro not limitad to, a lack of agonda transmit a copy of the resolution to each Member items. Such cancellations hall be made by the Chair, Vice Chair, or the
2.04 (a) Agency at the first meeting of the fiscal year. Department of Emergency Management Director ("DEM Director")
2.04 (b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. [new addition] Not Vice-Chair?
2.04 (c) A Vice-Chair shall be selected by the ESC
Section Updates made (2024) Original (2014) Comments Note:
Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance [3.04c] Call, Notice and Conduct of Meetings: All Item d should be moved to be item b, and current item b demoted to d. ephrased for clarity ar with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide meetings of the Council, including without limitation, updated from Emergency notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on regular, adjourned regular and special meetings, shall Services to DEM the Agenda by submitting the request to the DEM Director. be noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California
Government Code section 54950 et seq. As soon as
2.04 (d) practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each
Member Agency. Any Member Agency may request
that an item be considered for placement on the
Agenda by submitting the request to the Director of
Emergency Services.
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM [3.05) The Secretary of the Organization shall cause to Not really written in a complete sentence. Clarity in language Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been be kept a digital recording of each meeting. approved by the ESC, the minutes will be posted on the DEM website. whichshall be posted on the SMC OES Website. The
2.05 Secretary will create brief summary written minutes for approval by the Council!
All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote. A Member Agency's alternate All power of the Organization shall reside with the What happens in the event of a tie? Does the Chair vote, or are they representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency's regular Council. Each Member Agency shall have one vote. A ollowing the general practices of Robert's Rules of Order for large body representative. No absentee ballot is permitted Member Agency's alternate representative may neetings where the Chair only votes in case of a tie? How are motion:
2.06 a tide did vote in the proceedings of die Council made? Du they require a second? only in the absence of that Member Agency's regular A lot of things in this section could be shortened and addressed by stating representative. No absentee ballot or proxy voting is early on that they will use the Brown Act as well as Robert's Rules of Order. permitted.
A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member [3.07] A quorum of the Council is a majority of the This is no different than voting. I think they meant that the vote could be a Clarity in language Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive representatives of the Member Agencies of the majority of members present if there is no quorum for non-substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters Organization. If the number of Member Agencies is an matters? may be taken by a majority of a quorum. even number, a majority is fifty percent of the Member Agencies, plus one. The Council may not
2.07 take any substantive action without a majority of the Member Agencies voting to take that action. Action
on non cubetantive procodural mattor may bo takon
by a majority of a quorum.
Treasurer Should address the role of Secretary here in this section as well. I assume it
3.01 would not be a combined secretary and treasurer.
3.02 Auditor and Financial Acountability This should be moved to be item 3.01.
Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of (4.03) The Organization will ensure financial For purposes of Government Code section 12463, subdivision (d)(2), the Cannot be removed per State a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2). Government Code accountability as required by Section 6505 of the Organization is a special district for financial reporting purposes as Controller section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization Government Code. The Organization will ensure that determined by the State Controller's Office (SCO). during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in audits are conducted as required by that Section. a) The Treasurer of the Organization shall furnish a report of all the financial accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven Unless the Council votes to appoint a separate transactions of the Organization during the preceding fiscal year months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form auditor, audits will be conducted by auditor selected 1) The report shall contain underlying data from audited financial statements and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described to conduct the audit of the Sheriff's Office. In the prepared in accordance with generally accepted accounting principles, if this in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th. Pursuant to Government Code event that the Council selects a separate auditor, the data is available section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a full cost of the audit will be the responsibility of the 2) The report shall be furnished within seven months after the close of each
3.02 report is false, incomplete, or incorrect, the SCO is authorized to proceed with an investigation to obtain the information Organization. fiscal year or within the time prescribed by the SCO, whichever is later, and required. Any costs incurred by the SCO shall be borne by the Organization. Government Code section 26909 also requires that shall be in the form and manner required by the SCO an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the The Auditor shall perform the functions of auditor for 3) The Organization shall submit to the SCO information on annual ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the the Organization and shall make or cause an compensation, as described in subdivision (I) of Section 53892, for the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent independent annual audit of the accounts and previous calendar year no later than April 30th auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of records of the Organization by a certified public 4) Pursuant to Govemment Code section 12464, if the reports are not auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the accountant, in compliance with the requirements of completed in the time, form, and manner required or there is reason to Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted the Joint Exercise of Powers Act and generally believe that a report is false, incomplete, or incorrect, the SCO is authorized auditing standards. accepted auditing standards. to proceed with an investigation to obtain the information required. 5) Any costs incurred by the SCO shall be borne by the Organization
Section Updates made (2024) Original (2014) Comments Notes Continued b)Audits
Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination
Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization
The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing exclude and make dear does not apply to fire and law resources, asset, etc.
Maybe too focused on DEM role, would assume some member agencies would like to use alert and warning systems just for their area. Also,
3.07 response for fire, law, ems is coordinated through different OA coordinators, might need to clear that up. Overall, DEM may be the Countywide alert and warning fallback for large disasters, but that is not to say for all emergencies Additionally, smaller emergencies may require different public information, etc?
Communications - coordination, development and maintenance of an area-wide emergency communications systems, including [4.08c] Communications - coordination, development Communications Rewritten for clarity nuhlic alert and warning systems, and other situational awarenass tons. The DEM may hast SME NA communicatinn and maintenance of an area-wide emergency infrastructure such as system-wide applications or platforms. communications service, including public alert and 1) Coordination, development and maintenance of an area-wide emergency warning systems, and other situational awareness communications systems, including public alert and warning systems, and tools. other situational awareness tools.
2) The DEM may host SMC OA communication infrastructure such as system-
3.07 (c) wide applications or platforms.
Also with this, there needs to be an understanding that once a platform is established, that the member agencies have a say in what gets replaced, and when. What happened with SMC Alert, and more importantly what happened with WebEC cannot happen in the future. We cannot allow what happened with WebEC happen, for example, with Genasys. Changing platforms is fine, but EMA and ESC need to agree to any changes in Public Education and Information - coordination and support of an area-wide public education and information program. [4.07d] Public Education and Information - This should include if DEM will establish and/or participate in a JIC/JIS for No updates done coordination and support of an area-wide public Public Information.
3.07 (d) education and information program.
Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster (4.07e) Training and Exercise -coordination and A few things here. County employees thusfar have not really been a party to OES updated to DEM Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be assistance in the training and exercising of all County the agreement, I don't know that they need to be. Perhaps just a blurb that responsible for the training and exercise of their identified employees; however, the DEM will provide needed support as employees identified as Disaster Service Workers, as the member agencies, including the county will be responsible for the requested. defined by Sect. 3100 of the California Government raining of their own employees as DSW's, and leave it at that. Where it say Code and volunteers. The Member Agencies will be "However" isut state at the end of the sentance that "DEM will provide responsible for the training and exercise of their support as requested. identified employees; however, OES will provide There needs to be detail on what they will do for exercises. The only info needed support as requested. here is that exercises are included. It needs to say that the County will
3.07 (e) participate in mutually agreed upon times for a countywide exercise in cooperation with EMA. Our biggest weakness in exercises is that we have not practiced communications with the OA during a disaster. When we had the last winter storm, the OA changed the rules on the fly as the emergency was unfolding, and that will never work.
It needs to be stated that exercises need to be conducted in accordance with HSEEP principles, and that would include all agencies, including DEM produce an AAR that gets distributed to the ESC and EMA as well as DEM for all items that affect cross jurisdictional issues/needs.
Section Updates made (2024) Original (2014) Comments Notes Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the [4.08f] Grant Program Administration - coordination There should be a provision here for what gets applied for, and what is Codifying ESC practices securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director and assistance with designated emergency allowed to expire when the grant funding is for ongoing initiatives. will serve as the representative of Member Agencies with various grants and their approval authorities, including the State coordinators within the Operational Area in the Homeland Security Program and Bay Area Urban Areas Security Initiative. securing and distribution of grant funds for regional emergency management initiatives and program
3.07(f) support.
Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts. [new addition) nese three things could be consolidated to say simply that DEM will follo Codifying ESC practices
3.07 (h) I guidelines of CalOES's Operational Area Operations Handbook to th extent practical.
Resource Management -allocation and coordination of resources during local emergencies. Local governments will request [new addition] These three things could be consolidated to say simply that DEM will follow Codifying ESC practices resources through the logistics section at the SMC OA EOC. The DEM will escalate resource requests to the state if unable to be all guidelines of CalOES's Operational Area Operations Handbook to the fulfilled locally. extent practical.
3.07 (i)
Regional Hazardous Material Emergency Response Program - The DEM will oversee the contract for hazardous material [new addition] Codifying ESC practices response in the SMC OA.
3.07 (i)
Staffing Keyuirements The DEM is staffed by empluyees uf the Cuunty of San Mateu. The DEM supports the purpuses uftle 409] The Cunty Office uf Emergency Services is a st simply sate did these costs shall be considered as part uf the Updated de JuLument to Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding bureau of the Sheriff's Office, staffed by sworn required budget. include DEM staffing as allocation in this Agreement. officers and other civil service employees of the comapred to the OES County of San Mateo appointed by the Sheriff. The
3.08 Office of Emergency Services supports the purpose
of the Organization. A portion of the cost of Office of Emergency Services staff is reimbursed by the
Organization in an amount determined by the funding
allocation in this Agreement.
in consideration or the mutual promises nerein contained, it is nereby agreed that the cost or maintainine the organization will In consideration of the mutual promises herein This section should be referenced in the earlier discussion of budgeting in No change done be shared as described below. contained, it is hereby agreed that the cost of Section 3, Artirle IV maintaining the Organization will be shared as described below.
amount of the annual budget
The population figures will be based on the Census and will be updated at a minimum of every ten years. [article V d] The figures used for population in each JS Census, and will be updated upon release of the results of the Codifying ESC practices city shall be determined by a method and from a Decennial Census. section, Arcle V source that is mutually acceptable to the majority of members.
it is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Article Vel It is understood and agreed that the Need to define of this is by calendar year or fiscal year Clarity in language financial obligations incurred by the Member
section 3, Artile NAgreement will be incurred annually, subject gencies under the provisions of this Agreement wi e incurred annually, subject to the limitation that th
county and cities are financially able to make funds
available.
Section Updates made (2024) Original (2014) Comments Notes if the Member Agencies representing 25% or more of the county's population do not approve the budget in any fiscal year, the [Artcile V f] If the Member Agencies representing 25% This doesn't affect us directly, but if I were a city, I would never agree to this Clarity in language proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no or more of the county's population do not approve scheme. resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services the budget in any fiscal year, the proposed budget they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially will be referred back to the Director and the Finance responsible for that portion of the budget unilaterally adopted. Any Member Agency that does not meet its financial Committee for revision and recommendation. If no commitment under the adopted budget will lose its voting status and/or other such privileges of membership as determined by resolution can be reached by the committee, the the ESC. Member Agencies may proceed to adopt budgets that provide those services they deem necessary for
Section 3, Article IV adequate emergency services protection as a whole, (f)
but any Member Agency shall be financially
responsible for that portion of the budget unilatcrally adopted. Any Member Agency that does not meet its
financial commitment under the adopted budget will
lose its voting status and/or other such privileges of
membership as determined by the Council.
It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will It is further agreed that any excess in federal or state This should be moved after section i). It doesn't make sense to be located Codifying ESC practices Section 3, Article IV then make a recommendation to the ESC, as to the disposition of the excess funds. funds, in any year, shall be reviewed by the Finance here. (g) Committee, who will then make a recommendation
to the Council. as to the disnosition of the excess
funds
The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial Rewritten for clarity recommendations to the ESC. The Finance Committee will consist of the following members: SMC Supervisor (Chair of the ESC), Vice Chair, and representatives chosen by the ESC to be limited to five members. section 3, Article IV
The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of 51,500,000. This policy can be The earlier reference to this fund should be deleted and everything Codifying ESC practices discussed here.
Sealer 3, Article i reviewed and undated with a malarity vote from the ESC.
The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent [8.04] The Council may, from time to time, adopt There are a lot of things in this agreement that should be removed, and Rewritten for clarity with this Agreement and/or are necessary and appropriate. and/or amend Bylaws for the conduct of its affairs; placed in bylaws
7.04 provided the purpose is consistent with this
Agreement and/or are necessary and appropriate.
Micellaneous Provisions We should decide whether we want to be a part of the "Organization" which is allowed in the agreement, or participate solely through our three member Article VIll encies. Mv recommendation is that we become a separate member of th C. As such, I would suggest that Bill Ross take a look at Section specificallv-
Member Agencies and posted in compliance with the legal requirements of the Agreement. (9.01) It shall be the responsibility of the Sheriff or This should be reworded to say each representative of the ESC as well as Updated to reflect DEM as
8.01 his/her designee to ensure all notices are provided to EMA members compared to OES before Member Agencies and posted in compliance with the
legal requirements of the Agreement.
All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) tha [2.02) Grouping classification encompassing all Again this sounds a like all disaster response will be coordinated through Language updated based on alls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare fo conditions, environmental or manmade, that have the them, might need to refine to ensure that fire, law, ems are called out for new FEMA or CalOES definition d respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, a potential to cause injury, or death; damage to or loss separate response requirements outside of the emergency management munity engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and ce of equipment, infrastructure services, or property; or process? alternately causing functional degradation to societal. economic or environmental aspects. Annotation: All-
hazards preparedness ensures that if a disaster
A.02 occurs, people are ready to get through it safely, and respond to it effectively. FEMA began development of
an Integrated Emergency Management System with
an all-hazards approach that included 'direction,
control and warning systems which are common to
the full range of emergencies from small isolated
events to the ultimate emergency - war.
Section Updates made (2024) Original (2014) Comments Notes California Governor's Office of Emergency Services (Cal OES): State-level organization that functions as the central command Might want to see what CalOES uses as a definition? Language updated based on center during major emergencies and disasters in California. Cal OES oversees the response, direction, and coordination of new FEMA or CalOES definition state and federal resources, as well as mutual aid assets, to support diverse communities in the state.
A.03
Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption [2.03]Catastrophe: An event during which a society Language updated based on severaly affecting the population, infrastricture, envirnment, pronamy, natinnal morale, and/ar government functions A incurs, or ic threatened en incur. such Inscesto new FFMA or rainEs definition catastrophic event could result in sustained impacts over a prolonged period, exceed resources normally available in the persons and/or property that the entire society is impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national affected and extraordinary resources and skills are security could be threatened. required, some of which must come from other nations.
A.04
CERT: Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement (2.04) CERT:"Community Emergency Response Team" Language updated based on the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness (CERT) training is one way for citizens to prepare for new FEMA or CalOES definition and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to an emergency. CERT training is designed to prepare more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the people to help themselves, their families and their California Governor's Office of Emergency Services (Cal OES). neighbors in the event of a catastrophic disaster.
Because emergency services personnel may not be
A.05 able to help everyone immediately, residents can
make a difference by using the training obtained in
the CERT course to save lives and protect property.
(DHS, National Response Framework (Comment
Draft). DHS, September 10, 2007, p. 18)
Emergency Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and (2.05) Emergency: Any incident, whether natural or Language updated based on environment. manmade, that requires responsive action to protect new FEMA or CalOES definition life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency
means any occasion or instance for which, in the
A.07 determination of the President, federal assistance is needed to supplement state and local efforts and
capabilities to save lives and to protect property and
public health and safety or to lessen or avert the
threat of a catastrophe in any part of the United
Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's Language updated based on response to major disasters and emergencies, providing support and resources to state and local authorities Its role includes new FEMA or CalOES definition managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents.
A.10
The SMC OA mirrors the County's geographic boundaries. [2.16) Operational Area: An intermediate level of the Clarity of language and was state emergency services organization, consisting of added to the appendix the County and all political subdivisions within the
county area. In a state of emergency, the operational
A.18 area shall serve as a link in the system of
communications and coordination between the
political subdivisions comprising the operational area
and the Regional or State Emergency Operations
Conter
Section Updates made (2024) Original (2014) Comments Notes Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to [2.19] Personnel and major items of equipment, Again, this may touch on fire, law, ems resources, might want to clearly Language updated based on incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be supplies and facilities available or define what resources means for emergency management vs. emergency new FEMA or CalOES definition used in operational support or supervisory capacities at an incident or an EOC. potentially available for assignment to incident response agencies. operations and for which status is maintained. Under
A.21 the National Incident Management System, resources are described by kind and type and may be used in
operational support or supervisory capacities at an
incident or at an emergency operations center