San Carlos City Council
January 13, 2025

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September 19, 2024 1

Second Revised and Restated
Joint Exercise of Powers Agreement
San Mateo County Operational Area Emergency Services Organization

THIS JOINT POWERS AGREEMENT (“Agreement”) is made as of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organization”), also known as the Emergency Services Council (“ESC”).

Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Member Agencies.”

RECITALS

Whereas Member Agencies have established a unified emergency services organization by forming the Organization; and

Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Policy Directive 5 (PPD-5), the National Response Framework, National Incident Management System (NIMS), Presidential Policy Directive 8 (PPD-8), the National Preparedness Goal (NPG) and California’s Standardized Emergency Management System (SEMS) and local adopted Emergency Operations Plans (EOPs) and Annexes.

Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of San Mateo County (SMC), special districts, unincorporated areas, and participating non-governmental entities; and

Whereas the Member Agencies agree that the goal of the Organization is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and

Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act (“JPA Act”), California Government Code Section 6500 et seq.

NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows:

Article I - GENERAL PROVISIONS

1.01 Purpose
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in San Mateo County Operational Area (SMC OA) cooperative planning with respect to all phases of the emergency management cycle: preparedness, mitigation, response, and recovery.

Such purposes are to be accomplished and the Members Agencies’ common powers exercised as set forth in this Agreement.

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1.02 Creation of Authority
Pursuant to the JPA Act, the Member Agencies hereby reaffirm the creation of an entity to be known as the Organization or ESC. The Organization will be comprised of Member Agencies. The Organization shall be a public entity separate and apart from the Member Agencies. 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.

1.03 Membership in the Organization
Membership in the Organization is limited to public entities, as defined by the JPA Act, located or operating within SMC that have approved and executed this Agreement, 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 ESC.

1.04 Participating Members/Partners in the Organization The DEM will establish standards for emergency management practices within the SMC OA.

Member Agencies will take those standards into consideration and implement them as they see fit within their respective jurisdictions.

Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the ESC, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement.

1.05 Powers of the Organization
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds.

Article II – GOVERNANCE

2.01 Composition of the Organization
The Organization shall be administered by the ESC consisting of the following members:

a) The Chair of the Organization shall be a representative from the Board of Supervisors. The Chair of the Organization shall be appointed by the President of the Board of Supervisors. b) The mayor of each city or town in the County, or the mayor's designated representative, with the understanding that any representative shall be member of the City Council of the city whose mayor they are representing.
c) A Vice-Chair shall be selected by the ESC.

2.02 General Purpose of the Organization
The general purpose of the Organization is to:

a) Provide structure for administrative and fiscal policies and procedures;

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b) Identify and pursue funding sources;
c) Set policy;
d) Maximize the utilization of available resources; and e) Oversee all committee activities.

2.03 Specific Responsibilities of the ESC
The specific responsibilities of the ESC shall be as follows:

a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization.
b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the ESC, each Member Agency shall recommend the budget to the governing body of the Member Agency to secure from each the appropriation consistent with each Member Agency’s identified allocation (via Budget Sheets.)
c) Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association (SMC EMA) and work alongside the DEM. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the DEM within 30 days.
d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the EMA who will assure the continuity of communication between the Member Agency, the DEM and the Organization.

2.04 Meetings of the Organization.

a) Regular Meetings: The ESC shall approve a schedule for its regular meetings provided, however, the ESC shall hold at least four meetings in one calendar year. The ESC shall fix the date, hour, and location of regular meetings by resolution and the Secretary shall transmit a 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 the Department of Emergency Management Director (“DEM Director”), meetings can be canceled due to extenuating circumstances, which may include, but are not limited to, a lack of agenda items. b) Agenda Setting - The agenda shall be set by the Chair, Vice Chair, and the DEM Director. c) Special Meetings: Special meetings of the ESC may be called by the Chair, a majority of the ESC or the DEM Director. Special meetings will be held in accordance with the Ralph M. Brown Act (“Brown Act”), California Government Code section 54950 et seq. d) Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as 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 DEM Director. e) Meetings of the ESC shall be conducted by the Vice-Chair in the absence of the Chairperson.

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In the absence of both Chair and Vice-Chair, the meeting shall be chaired by a member of the ESC selected by a majority vote of the ESC.

2.05 Minutes
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website.

2.06 Voting
All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote.

A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted.

2.07 Quorum; Required Votes; Approvals
A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.

Article III – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY

COMMITTEES

3.01 Treasurer
The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the JPA Act.

3.02 Auditor and Financial Accountability

Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2).

Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven 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 and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th.

Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the

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SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization.

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 standards.

3.03 Legal Counsel
The SMC Attorney’s Office shall be the legal counsel for the Organization. To the extent permitted by the JPA Act, the Organization may change, by resolution, the legal counsel to the Organization.

The full cost of outside legal counsel will be the responsibility of the Organization.

3.04 Secretary to the Organization
The DEM shall provide a Secretary and administrative support to the Organization.

3.05 Contractors
The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs.

3.06 Committees
The Organization may form and dissolve Committees as determined by the ESC.

3.07 Department of Emergency Management
The DEM is responsible for the on-going operation of the SMC OA and is also responsible for achieving the purposes of the Organization as follows:

a) Emergency Response Support - coordination and planning during any regional emergency in accordance with adopted emergency plans.
b) Emergency Plans - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the ESC.
c) Communications - coordination, development and maintenance of an area-wide emergency communications systems, including public alert and warning systems, and other situational awareness tools. The DEM may host SMC OA communication infrastructure such as system-wide applications or platforms.
d) Public Education and Information - coordination and support of an area-wide public education and information program.
e) Training and Exercise - coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for

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the training and exercise of their identified employees; however, the DEM will provide needed support as requested.
f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the OA in the securing and distribution of grant funds for regional emergency management initiatives and program support. The DEM Director will serve as the representative of Member Agencies with various grants and their approval authorities, including the State Homeland Security Program and Bay Area Urban Areas Security Initiative.
g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment.
h) Function as a liaison with Cal OES and FEMA. Assist in providing guidance in recovery efforts.
i) Resource Management – allocation and coordination of resources during local emergencies.

Local governments will request resources through the logistics section at the SMC OA EOC.

The DEM will escalate resource requests to the state if unable to be fulfilled locally. j) Regional Hazardous Material Emergency Response Program – The DEM will oversee the contract for hazardous material response in the SMC OA.

3.08 Staffing Reimbursement
The DEM is staffed by employees of the County of San Mateo. The DEM supports the purposes of the Organization. A portion of the cost of DEM staff is reimbursed by the Organization in an amount determined by the funding allocation in this Agreement.

3.09 Property
If the Organization acquires title to property, the DEM Director will have charge of, handle, or have access to the property of the Organization, and shall file an official bond in an amount to be fixed by the contracting parties, pursuant to Section 6505.1 of the Government Code.

Article IV – BUDGET AND COST-SHARING
In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below.

a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows:

1. The county shall pay 50% of the remaining balance.

2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula:
i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city.
ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows:

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a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils.
b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor.
d) The population figures will be based on the Census and will be updated at a minimum of every ten years.
e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the DEM Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally 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 ESC.
g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by a finance committee, who will then make a recommendation to the ESC, as to the disposition of the excess funds.
h) With respect any Member Agency that is not a City or the County, the amount to be contributed is determined by a negotiation between those Member Agencies and the DEM Director and must be approved by the ESC. A letter memorializing the agreed contribution will be an attachment to this Agreement.
i) The Finance Committee will be a standing committee of the ESC and is responsible for administrative and financial 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. j) The Organization shall maintain a minimum of $500,000 in the Trust Fund with a maximum of $1,500,000. This policy can be reviewed and updated with a majority vote from the ESC.

Article V - INSURANCE

a) The County shall add the Organization and ESC to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Attorney.
b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article IV (b).

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Article VI - EFFECTIVENESS
This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Member Agencies upon adoption and approval by the ESC and by the new Member Agency’s governing body. This Agreement shall continue in effect until terminated as provided herein.

Article VII – TERM AND TERMINATION

7.01 Withdrawal by Members

a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year.
b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the ESC by its governing body, and majority approval of the petition by the ESC. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement.
c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective, but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article IV. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies.

7.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization shall be transferred to the County of San Mateo and be used for “County Wide” purposes.

7.03 Amendments
Any proposed Amendments to this Agreement may be recommended by the ESC but must be ratified by each Member Agency’s governing body.

7.04 Bylaws
The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate.

Article VIII - MISCELLANEOUS PROVISIONS

8.01 Notices

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It shall be the responsibility of the County Manager or designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement.

8.02 Severability
If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

8.03 Supersession
It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 2014 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto.

8.04 Assignment
No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the ESC.

8.05 Governing Law
This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo.

8.06 Headings
The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.

8.07 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement.

8.08 No Third Party Beneficiaries
This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Member Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.

8.09 Filing of Notice of Agreement
Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State.

8.10 Conflict of Interest Code
The Organization has adopted a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict

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of Interest Code and will be responsible for filing a Form 700 with the Organization.

8.11 Indemnification
The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees.

Each Member Agency shall defend, indemnify and hold harmless the Organization and the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees.

8.12 Dispute Resolution/Legal Proceedings
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization.

8.13 Authorization to Enter Into Agreement
Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement.

8.14 Confirmation of Jurisdictional Authority
By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.

(SIGNATURES ARE ON FOLLOWING PAGE)

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IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows:

Signatories Resolution/Action Number Date of Adoption
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo

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ANNEX A – COMMON TERMINOLOGY

A.01 Terminology Defined
Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter.

A.02 All-Hazards: The consideration of the full spectrum of emergencies (natural, technological, or human-caused incidents) that calls for action to protect life, property, and environment. The advantages of adopting an all-hazards approach to prepare for and respond to disasters include comprehensive planning, resource flexibility, coordination among agencies, training, and community engagement to effectively control different types of disasters to reduce or eliminate duplication of effort and cost.

A.03 California Governor’s Office of Emergency Services (Cal OES): State-level organization that functions as the central command center during major emergencies and disasters in California.

Cal OES oversees the response, direction, and coordination of state and federal resources, as well as mutual aid assets, to support diverse communities in the state.

A.04 Catastrophe: Any incident, natural or human-caused, with consequences of high rates of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. A catastrophic event cou ld result in sustained impacts over a prolonged period, exceed resources normally available in the impacted area, and significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened.

A.05 Community Emergency Response Team (CERT): Community-level organizations of volunteer emergency workers who can provide immediate assistance to supplement the efforts of professional responders in the event of a major disaster. CERT programs train volunteers in disaster preparedness and basic disaster response skills during disaster situations so professional responders can prioritize and allocate resources to more complex tasks. Local CERT programs are supported by the Federal Emergency Management Agency (FEMA), as well as the California Governor’s Office of Emergency Services (Cal OES).

A.06 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander.

A.07 Emergency: Any incident, natural, technological, or human-caused, that requires responsive action to protect life, property, and environment. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), an emergency means any occasion or instance for which, in the 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 States.

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A.08 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism or other human-caused disasters.

A.09 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or maybe in a more central or permanently established facility, such as at a higher level of organization within a jurisdiction.

A.10 Federal Emergency Management Agency (FEMA): Federal-level organization that coordinates the federal government's response to major disasters and emergencies, providing support and resources to state and local authorities. Its role includes managing disaster relief efforts, facilitating recovery operations, and helping communities prepare for future incidents.

A.11 Incident: An occurrence or event, natural or human-caused, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response.

A.12 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and can be applied to small as well as large and complex incidents.

A.13 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat.

A.14 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002).

A.15 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life

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and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect.

A.16 National Incident Management System (NIMS): A system that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, to reduce the loss of life or property and harm to the environment.

A.17 National Response Framework: Document that establishes a comprehensive, national, all- hazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond.

A.18 Operational Area (OA): An intermediate level of the state emergency services organization, consisting of SMC and all political subdivisions within the county area. In a state of emergency, the OA shall serve as a link in the system of communications and coordination between the political subdivisions comprising the OA and the Regional Emergency Operations Center (REOC) or State Operations Center (SOC). The SMC OA mirrors the County’s geographic boundaries.

A.19 Preparedness: Actions that involve a combination of planning, resources, training, as well as exercising and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents, and developing jurisdiction-specific plans for delivering capabilities when needed for an incident.

A.20 Recovery: The development, coordination, and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incident.

A.21 Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under the NIMS, resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or an EOC.

A.22 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery.

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A.23 Standardized Emergency Management System (SEMS): The cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the ICS, California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), the OA concept, and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS to be eligible for any reimbursement of response-related costs under the state’s disaster assistance program.

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First Revised and Restated
Joint Exercise of Powers Agreement
San Mateo County Operational Area Emergency Services Organization

THIS JOINT POWERS AGREEMENT (“Agreement”) is made a s of the Effective Date by and between the public entities set forth below, creating the San Mateo County Operational Area Emergency Services Organization Authority (“Organiz ation”).

Each public entity executing this Agreement shall be referred to individually as a “Member Agency,” with all referred to collectively as “Memb er Agencies.”

RECITALS

Whereas the Member Agencies’ goal is to establish a unified emergency services organization; and

Whereas the Member Agencies agree that the purpose of this Organization will be to operate pursuant to Presidential Directive 5, the National Response Framework, National Incident Management System (NIMS), Presidential Directive 8, the National Preparedness Goal and California’s Standardized Emergency Management Syst em (SEMS) and local adopted Emergency Operations Plans and Annexes.

Whereas the Member Agencies agree that the participants within this Organization may include all local governments within the geographic area of the County, special districts, unincorporated areas, and participating non-governmental entities; and

Whereas the Member Agencies agree that the collective goal is to provide coordinated plans for the protection of persons and property based on the phases of emergency management; and

Whereas the Member Agencies have the authority to enter into this Agreement under the Joint Exercise of Powers Act, California Government Code Section 6500 et seq . (“Act”).

NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Member Agencies as herein contained, the Member Agencies agree as follows:

Article I - GENERAL PROVISIONS

1.01 Purpose
This Agreement creates an entity to exercise the powers shared in common by the Member Agencies to engage in local and regional cooperative planning and coordination and delivery of services. As part of this Organization’s purpose, Member Agencies seek to meet or exceed the current Emergency Response Planning and Management Capabilities within the 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.

1.02 Creation of Authority
Pursuant to the Joint Exercise of Powers Act, the Member Agencies hereby create a public entity to be known as the “San Mateo County Operational Area Emergency Services Organization Authority” (“Organization.”) The Organization shall be a publi c entity separate and apart from the Member Agencies. The geographic jurisdiction of the Organization is all territory within the geographic

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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.

1.03 Membership in the Organization
Membership in the Organization is limited to public entities, as defined by the Joint Exercise of Powers Act, located or operating within San Mateo County that have approved and executed this Agreement, 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.

1.04 Participating Members/Partners in the Organization Participation in the Organization is intended to ensure cooperative emergency planning and response; all participating Member Agencies and partners are expected to attend all regular and special meetings of the Emergency Services Council, encourage active participation by their jurisdictions in the development of plans and training programs, drills, exercises and training opportunities, and otherwise assist in supporting the implementation of this Agreement.

1.05 Powers of the Organization
The Organization may purchase, lease, own and/or dispose of property and equipment and enter into contract(s), as required to satisfy the purposes of this Agreement. The Organization may employ agents and/or employees, operate works and improvements, sue and be sued in its own name, and invest surplus funds.

Article II- COMMON TERMINOLOGY

2.01 Terminology Defined
Not all vocabulary of technical terms listed in the Agreement is used in the Agreement. In part, the terms are included as a resource to further clarify terminology utilized in documentation, field operations and/or applicable subject matter.

2.02 All-Hazards: “Grouping classification encompassing all condition s, environmental or manmade, that have the potential to cause injury, or death; damage to or loss of equipment, infrastructure services, or property; or alternately causing functional degradation to societal, economic or environmental aspects. Annotation: All-hazards preparedness ensures that if a disaster 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 wh ich are common to the full range of emergencies from small isolated events to the ultimate emergency – war.” ( DHS , Lexicon , October 23, 2007, p. 1)

2.03 Catastrophe: An event during which a society incurs, or is threatened to incur, such losses to persons and/or property that the entire society is affected and extraordinary resources and skills are required, some of which must come from other nations.

2.04 Community Emergency Response Team (CERT): “Community Emergency Response Team” (CERT) training is one way for citiz ens to prepare for an emergency.

CERT training is designed to prepare people to help themselves, their families and their neighbors in the event of a catastrophic disaster. Because emergency services personnel may not be 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)

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2.05 Command: The act or directing and or controlling by virtue of explicit legal, agency or delegated authority. The term “Command” may also refer to the Incident Commander.

2.06 Emergency: Any incident, whether natural or manmade, that requires responsive action to protect 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 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 States.

2.07 Emergency Management: A subset of incident management, the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to, recover from or mitigate against threatened or actual natural disasters, acts of terrorism or other manmade disasters.

2.08 Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction.

2.09 Incident: An occurrence or event, natural or manmade, which requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wild land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war- related disasters, public health and medical emergencies and other occurrences requiring an emergency response.

2.10 Incident Command System (ICS): A standardized on-scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents.

2.11 Local Emergency: The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and/or property within territorial limits of a county, city and county, or city caused by such conditions as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, tsunami or other conditions which are likely to be beyond the control of the services, personnel, equipment and facilities of that local political subdivision to combat.

2.12 Local Government: A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law;) regional or interstate government entity or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village or other public entity. See Section 2 (10), Homeland Security Act of 2002, P.L. 107−296, 116 Stat. 2135 (2002).

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2.13 Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life and/or property from natural and/or human-caused disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect.

2.14 National Incident Management System (NIMS): System that provides a proactive approach guiding government agencies at all levels, the private sector and nongovernmental organizations to work seamlessly to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location or complexity, in order to reduce the loss of life or property and harm to the environment.

2.15 National Response Framework: This document establishes a comprehensive, national, all- hazards approach to domestic incident response. It serves as a guide to enable responders at all levels of government and beyond to provide a unified national response to a disaster. It defines the key principles, roles, and structures that organize the way U.S. jurisdictions plan and respond.

2.16 Operational Area: An intermediate level of the state emergency services organization, consisting of the County and all political subdivisions within the county area. In a state of emergency, the operational 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 Center.

2.17 Preparedness: Actions that involve a combination of planning, resources, training, exercising and organizing to build, sustain and improve operational capabilities. Preparedness is the process of identifying the personnel, training and equipment needed for a wide range of potential incidents and developing jurisdiction-specific plans for delivering capabilities when needed for an incident.

2.18 Recovery: The development, coordination and execution of service- and site-restoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; and post-incident reporting and development of initiatives to mitigate the effects of future incidents.

2.19 Resources: Personnel and major items of equipment, supplies and facilities available or potentially available for assignment to incident operations and for which status is maintained. Under 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.

2.20 Response: Immediate actions to save and sustain lives, protect property and the environment, and meet basic human needs. Response also includes the execution of plans and actions to support short-term recovery.

2.21 Standardized Emergency Management System: The Standardized Emergency Management System (SEMS) is the cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. SEMS is required by the California Emergency Services Act (ESA) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California’s emergency management

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community into a single integrated system and standardizes key elements. SEMS incorporates the use of the Incident Command System (ICS), California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA,) the Operational Area (OA) concept and multiagency or inter-agency coordination. State agencies and local governments are required to use SEMS in order to be eligible for any reimbursement of response-related costs under the state’s disaster assistance programs.

Article III – GOVERNANCE

3.01 Composition of the Council
The Organization shall be administered by the Emergency Services Council (“Council”) consisting of the following members:

a) A member of the San Mateo County Board of Supervisors, who shall be designated by the Supervisors.
b) Each governing body of a Member Agency shall annually select and appoint a representative to serve on the Council and may select and appoint an alternate representative. Each representative and alternative representative must be a member of the governing body of the Member Agency.
c) The Chair of the Emergency Services Council shall be the representative from the Board of Supervisors.
d) A Vice-Chair shall be selected by the Council.

3.02 General Purpose of the Organization
The general purpose of the Organization is to:

a) Provide structure for administrative and fiscal policies and procedures; b) Identify and pursue funding sources;
c) Set policy;
d) Maximize the utilization of available resources; and e) Oversee all committee activities.

3.03 Specific Responsibilities of the Council
The specific responsibilities of the Council shall be as follows:

a) To review and recommend adoption by the Board of Supervisors and City Councils of each City, Emergency Plans, programs and agreements, in addition to the basic agreements as deemed necessary to carry out the purpose of the Organization. b) To approve an annual budget in an amount necessary to carry out the purposes of the Organization. Upon review and approval of the annual budget by the Council, each Member Agency shall 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 Sheets.)
c)
Each Member Agency’s Executive Officer shall identify and designate at the beginning of each fiscal year, a local coordinator for regular participation in the San Mateo County Emergency Managers Association. Should the identified Coordinator change at any time during the year, the Member Agency shall advise the Director of Emergency Services within 30 days.
d) If a Member Agency participates in a contract relationship for the provision of emergency services, it is still required to name a local emergency coordinator to the Emergency Managers Association who will assure the continuity of communication between the Member Agency, the County Office of Emergency Services (OES) and the Organization.

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3.04 Meetings of the Organization.
a) Regular Meetings: The Council shall approve a schedule for its regular meetings provided, however, that the Council shall hold at least one regular meeting quarterly. The Council shall fix the date, hour and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member Agency at the first meeting of the fiscal year.
b) Special Meetings: Special meetings of the Council may be called in accordance with the Brown Act by the Chair, a majority of the Council or the Director. c) Call, Notice and Conduct of Meetings: All meetings of the Council, including without limitation, regular, adjourned regular and special meetings, shall 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 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. d) Meetings of the Council shall be conducted by the Chair or by the Vice-Chair in the absence of the Chairperson. In the absence of both Chair and Vice-Chair, the meeting shall be chaired by member of the Council selected by a majority vote of the Council.

3.05 Minutes
The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the SMC OES Website. The Secretary will create brief summary written minutes for approval by the Council.

3.06 Voting
All power of the Organization shall reside with the Council. Each Member Agency shall have one vote. A Member Agency’s alternate representative ma y participate and vote in the proceedings of the Council only in the absence of that Member Agency’s regular representative. No absentee ballot or proxy voting is permitted.

3.07 Quorum; Required Votes; Approvals
A quorum of the Council is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The Council may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.

Article IV – PARTICIPATING PARTNERS, EMPLOYEES AND ADVISORY

COMMITTEES

4.01 Participating Partners
In order to ensure cooperative emergency planning and response, the following may be invited to attend, as non-voting members, all regular and special meetings of the Council, participate in the development of plans and training programs, and otherwise assist in supporting the implementation of this Agreement:

a) A representative of the American Red Cross to be invited by the Chair with the approval of the Council.
b) One representative each from the San Mateo County Fire Chiefs Association and the San Mateo County Police Chiefs and Sheriff Association as may be invited by the Chair with approval of the Council.
c) One representative for Water Districts as may be invited by the Chair with approval of the Council.

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d) One representative for Sanitary Districts as may be invited by the Chair with approval of the Council.
e) One representative for the San Mateo County Harbor District as may be invited by the Chair with approval of the Council.
f) One representative for the Port Authority as may be invited by the Chair with approval of the Council.
g) One representative for San Mateo County Transit District as may be invited by the Chair with approval of the Council.
h) One representative for Pacific, Gas and Electric Company as may be invited by the Chair with approval of the Council.
i) One representative for the Office of Education as may be invited by the Chair with approval of the Council.
j) One representative for the Hospital Consortium as may be invited by the Chair with approval of the Council.
k) One representative for the EMS Agency as may be invited by the Chair with approval of the Council.
l) One representative for the San Mateo Emergency Managers Association as may be invited by the Chair with approval of the Council.

Should other interested parties be identified for participation, the Organization shall consider a written request for participation and may be invited by the Chair with approval of the Council.

4.02 Treasurer
The Treasurer of the County of San Mateo shall be the Treasurer of the Organization. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Organization from whatever source, and shall have the duties and obligations set forth in the Joint Exercise of Powers Act.

4.03 Auditor and Financial Accountability
The Organization will ensure financial accountability as required by Section 6505 of the Government Code. The Organization will ensure that audits are conducted as required by that Section. Unless the Council votes to appoint a separate auditor, audits will be conducted by auditor selected to conduct the audit of the Sheriff’s Office. In the event that the Council selects a separate 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 the Joint Exercise of Powers Act and generally accepted auditing standards.

4.04 Legal Counsel
The San Mateo County Counsel’s Office shall be the legal counsel for the Organization. To the extent permitted by the Joint Exercise of Powers Act, the Organization may change, by resolution, the legal counsel to the Organization. The full cost of outside legal counsel will be the responsibility of the Organization.

4.05 Secretary to the Organization
The San Mateo County Office of Emergency Services shall provide a Secretary and administrative support to the Organization.

4.06 Contractors
The Organization shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary to carry out the purposes of the Organization. The Organization will be responsible for any/all incurred costs.

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4.07 Committees
The Organization may form and dissolve Committees as determined by the Council.

4.08 Director of Emergency Services
The Sheriff or his/her designee is the Director of the San Mateo County Area Office of Emergency Services (“Director”). The SMC Area Office of Emer gency Services is responsible for the on-going operation of the San Mateo County Operational Area and is also responsible for achieving the purposes of the Organization as follows:

a) Emergency Response - coordination and planning during any regional emergency in accordance with adopted emergency plans.
b) Plans and Operations - preparation, development, coordination, and integration of compatible and complimentary unified area-wide emergency plans for approval by the State of California and adoption by the Council.
c) Communications - coordination, development and maintenance of an area-wide emergency communications service, including public alert and warning systems, and other situational awareness tools.
d) Public Education and Information - coordination and support of an area-wide public education and information program.
e) Training and Exercise -coordination and assistance in the training and exercising of all County employees identified as Disaster Service Workers, as defined by Sect. 3100 of the California Government Code and volunteers. The Member Agencies will be responsible for the training and exercise of their identified employees; however, OES will provide needed support as requested.
f) Grant Program Administration - coordination and assistance with designated emergency coordinators within the Operational Area in the securing and distribution of grant funds for regional emergency management initiatives and program support. g) General Administration - coordination and assistance in the procurement and inventory of emergency equipment, management of, maintenance and distribution of area-wide inventories of vital supplies and equipment.
h) The Organization does not intend to acquire title to any property. But in the event that it does, pursuant to Section 6505.1 of the Government Code, the Organization designates the Director to handle that property. In the event that the Organization does acquire title to property, the Director will obtain a bond in the amount determined by the contracting parties.

4.09 Staffing Reimbursement
The County Office of Emergency Services is a bureau of the Sheriff’s Office, staffed by sworn officers and other civil service employees of the County of San Mateo appointed by the Sheriff. The Office of Emergency Services supports the purposes 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.

Article V – BUDGET AND COST-SHARING
In consideration of the mutual promises herein contained, it is hereby agreed that the cost of maintaining the Organization will be shared as described below.

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a) From the total amount of the annual budget there shall be deducted estimated revenue from federal “matching funds,” state grants, and other s ervice revenues. b) The balance of the annual budget remaining after anticipated revenues have been deducted shall be paid as follows:

1. The county shall pay 50% of the remaining balance.

2. The cities shall pay the remaining 50% of the balance, apportioned in accordance with the following formula:
i. One half of said 50% to be apportioned by people units or population. a) Total population of all member cities divided into one-half of the total of the cities’ share of the budget equals a factor in cents. b) Population of each member city times the factor in cents equals the share for each city.
ii. The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows:
a) Total assessed value of real and personal property in all member cities divided into one-half of the total of the city’s share of the budget equals a factor in mils.
b) Assessed value of real and personal property of each member city times the factor in mils equals the share for each city. c) For the purpose of this Agreement the total assessed valuation of real and personal property in all Member Agencies shall be the most recent such total maintained by the offices of the County Assessor.
d) The figures used for population in each city shall be determined by a method and from a source that is mutually acceptable to the majority of members. e) It is understood and agreed that the financial obligations incurred by the Member Agencies under the provisions of this Agreement will be incurred annually, subject to the limitation that the county and cities are financially able to make funds available. f) If the Member Agencies representing 25% or more of the county’s population do not approve the budget in any fiscal year, the proposed budget will be referred back to the Director and the Finance Committee for revision and recommendation. If no resolution can be reached by the committee, the Member Agencies may proceed to adopt budgets that provide those services they deem necessary for adequate emergency services protection as a whole, but any Member Agency shall be financially responsible for that portion of the budget unilaterally 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.
g) It is further agreed that any excess in federal or state funds, in any year, shall be reviewed by the Finance Committee, who will then make a recommendation to the Council, as to the disposition of the excess funds.
h) With respect any Member Agency that is not a City or the County , the amount to be contributed is determined by a negotiation between those Member Agencies and the Director Emergency Services and must be approved by the Council. A letter memorializing the agreed contribution will be an attachment to this Agreement.

Article VI - INSURANCE

a) The County shall add the Organization and Emergency Services Council to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Member Agencies understand that the County is partially self-insured. Unless the Organization decides otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention. Legal representation by the County will ordinarily be provided by the County Counsel.

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b) Any out-of-pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County’s self-insured retention shall be shared by the parties in accordance with the formula as described in Article V (b).

Article VII - EFFECTIVENESS
This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to new Members Agencies upon adoption and approval by the Council and by the new Member Agency’s governing body. This Agreement shall cont inue in effect until terminated as provided herein.

Article VIII – TERM AND TERMINATION

8.01 Withdrawal by Members
a) Any Member Agency may withdraw from this Agreement by written notice given by such Member Agency to all other Member Agencies, which notice shall be given at least 120 days prior to the commencement of the fiscal year in which it is to take effect. For the purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 of the succeeding calendar year.
b) Any former or prospective Member Agency may enter or re-enter the organization by petition to the Council by its governing body, and majority approval of the petition by the Council. Upon approval, the new Member Agency must agree in writing to all terms of this Agreement.
c) Should a Member Agency withdraw less than 120 days prior to the commencement of the fiscal year, the withdrawal will be effective but that Member Agency will be responsible for its calculated contribution for that year pursuant to Article V. d) Should a Member Agency give required notice and withdraw from the Agreement, the prior contribution of that Member Agency will be divided equally by formula among the remaining Member Agencies.

8.02 Termination of Organization and Disposition of Surplus Money and Property This Agreement shall terminate effective upon a vote of the Council, the County and by at least eleven (11) cities representing the majority of the population of the County. In the event that the Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the Government Code in proportion to the contributions made. The Organization does not intend to acquire title to any property. But in the event that it does, title to all property acquired by the Organization, shall be owned by the County of San Mateo to be used for “County Wide” purposes.

8.03 Amendments
Any proposed Amendments to this Agreement may be recommended by the Council but must be ratified by each Member Agency’s governing body.

8.04 Review of this Agreement
The Council will conduct a review of this Agreement in 2020 and every five years thereafter to determine whether any changes to the Agreement are necessary or advisable. In the event that the Council concludes that changes should be made, each Member Agency representative will take those recommended changes to the governing body of the Member Agency for ratification.

8.05 Bylaws
The Council may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided the purpose is consistent with this Agreement and/or are necessary and appropriate.

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Article IX - MISCELLANEOUS PROVISIONS

9.01 Notices
It shall be the responsibility of the Sheriff or his/her designee to ensure all notices are provided to Member Agencies and posted in compliance with the legal requirements of the Agreement.

9.02 Severability
If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.03 Supersession
It is mutually understood and agreed by the Member Agencies that this Agreement supersedes the 1997 San Mateo County Operational Area Joint Powers Agreement, any previous agreements on this subject matter and any amendments thereto.

9.04 Assignment
No Member Agency shall assign any rights or obligations under this Agreement without the prior written consent of the Council.

9.05 Governing Law
This Agreement is made and to be performed in the State of California, and as such, California substantive and procedural law shall apply. Venue for any litigation under this Agreement shall be in the County of San Mateo.

9.06 Headings
The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.

9.07 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which shall constitute this Agreement.

9.08 No Third Party Beneficiaries
This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Members Agencies, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.

9.09 Filing of Notice of Agreement
Within 30 days after the Effective Date, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. Within 30 days after any amendment to this Agreement, the Secretary shall file the amendment with the Secretary of State.

9.10 Conflict of Interest Code
The Organization shall adopt a conflict of interest code as required by law. Member Agencies understand that representatives and alternate representatives are listed on the Organization’s Conflict of Interest Code and will be responsible for filing a Form 700 with the Organization.

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9.11 Indemnification
The Organization shall defend, indemnify and hold harmless each Member Agency (and each Member Agency's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of the Organization or its officers, agents or employees.

Each Member Agency shall defend, indemnify and hold harmless the other Member Agencies (and their officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including attorney's fees,) arising from or as a result of any acts, errors or omissions of that party or its officers, agents or employees.

9.12 Dispute Resolution/Legal Proceedings
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Member Agencies and/or the Organization.

9.13 Authorization to Enter Into Agreement
Each party warrants that the person signing this Agreement on its behalf is authorized to bind that party to this Agreement.

9.14 Confirmation of Jurisdictional Authority
By signing this Agreement, the Member Agencies retain all authority granted to them by the State and/or their respective Charters. The powers and/or authority granted pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.

9.15 Participation Understanding

The Member Agencies understand that to facilitate proper emergency response, each public entity has an important role to play. By adopting this Agreement, the Member Agencies recognize the importance of that role. Descriptions of the activities that are expected of each Member Agency are contained in Attachment A to this Agreement. Attachment A may be modified by a majority of the Council at a meeting of the Organization.

(SIGNATURES ARE ON FOLLOWING PAGE)

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IN WITNESS WHEREOF, each Member Agency has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows:

Signatories Resolution/Action Number Date of Adoption Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Val ley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
County of San Mateo

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ATTACHMENT A

SUPPLEMENTAL AGREEMENT

The following list of responsibilities was developed by a sub-committee of the Emergency Managers Association of San Mateo County. The determined need is to assure the Member Agencies meet the basic functional needs of the communities within San Mateo County during a disaster. To determine the readiness of Member Agencies to respond to an emergency, each Member Agency agrees to participate in an annual survey or other mechanism, developed by the EMA Policy & Continuity Working Group, to gather preparedness data from Member Agencies. An evaluation shall be presented to the Emergency Services Council as set forth in section 1.01 of this Supplemental Agreement.

Article I – MEMBER AGENCY RESPONSIBILITIES AND TRAI NING

1.01 Emergency Preparedness and Planning Standards
The Member Agencies shall each accept primary responsibility for the readiness within their respective jurisdictions and development of disaster preparedness plans which shall be compatible with and complimentary to the area-wide emergency planning and organization, formulated pursuant to this Agreement. As such, each Member Agency agrees that it will adhere to current state and federal NIMS/SEMS requirements.

The Director will provide an annual report of each Member Agency’s attainment towards the current State and federal NIMS/SEMS requirements, as well as assist the Member Agencies in working towards full compliance.

1.02 Information Reporting
Member Agencies of the Organization shall report on the agreed adopted standards, cited in Section

1.01 of this Supplemental Attachment, annually to the Director of the Office of Emergency Services, who will compile the information and report to the Council at its January meeting.

a. The following is an example of the type of information to be collected annually; other formats may be developed or used as needed. Adopt an Emergency Operations Plan and Annexes, review and update no less than every three years City/Town Percentage Complete
1 0 10 20 30 40 50 60 70 80 90 100

b. Have a Local Hazard Mitigation Plan, internally reviewed annually and provide updates as required, and approved by FEMA. (Currently no less than every five years.

City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

c. Participate in the Operational Area Multi-year Training and Exercise Plan City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

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d. Adopt use of the Homeland Security Exercise and Evaluation Program (HSEEP) City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

e. Participate in meetings and activities including the Emergency Managers Association (EMA)
Cit y/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

f. Participate in Training and Exercises
City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

g. Prepare and maintain necessary plans and agreements to facilitate emergency sheltering City/Town Percentage Complete
0 10 20 30 40 50 60 70 80 90 100

1.03 Training and Exercises
A Training and Exercise Plan is a means to establishing a standard of readiness and initiates a basic knowledge and capability skill set. Full participation by Member Agency Emergency Managers and other Operational Area stakeholders is important to developing a multi-year training program.

Training and exercise planning and development will be the responsibility of the EMA T&E Group to accommodate the needs of the stakeholders. Full commitment and participation by the Member Agencies and participating partners will also be recommended in at least one annual exercise, in some capacity, to ensure the preparedness level of our Operation Area. Further, Member Agencies agree to support the NIMS compliance of each of their jurisdictions.

1.04 Recommended Training for the Governing Bodies of Member Agencies In an effort to ensure NIMS Compliance and a standardized understanding among Member Agencies, the following training curriculum, is recommended for representatives of each Member Agencies’ governing bodies :
a) 100: Introduction to ICS or equivalent
b) FEMA IS 700.a: NIMS An Introduction
c) ICS-402:Incident Command System (ICS) Overview for Executives/Senior Officials(G402)

1.05 Local Coordinator Responsibilities
All Member Agencies have adopted this Agreement with a commitment to engage in local and regional cooperative planning, coordination and delivery of services. Each Member Agency will provide local support via staff with primary and/or secondary responsibilities including, but not limited to the following:
a) Management/Coordination of the Local Emergency Operations Center (EOC) – (functional and support services.)

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b) Provide liaison support to the County Emergency Operations Center (EOC) Director or his/her designee in emergency or disaster situations.
c) Oversee the preparation and prepare and modify elements of the local Emergency Operations Plan and Disaster Recovery Plan to ensure compatibility with the Operational Area Emergency Operations Plan and Annexes.
d) Develop relationships with representatives of local departments, public and private support and relief agencies, business, educational, homeowners' and other groups regarding emergency services; prepare specialized plans designed to meet the needs of various sections of the community.
e) Prepare and disseminate training materials to en sure effective response in a disaster situation; f) Develop, train and maintain community engagement , through programs such as Community Emergency Response Team (CERT)
g) Develop relationships with representatives of ot her emergency management and response agencies and organizations; review legislation, regulations and other documentation to ensure that the City is in compliance with such regulations and avail itself of all financial and other resources.
h) Respond to the Emergency Operations Center when it is activated; ensure that appropriate documents are available at the center and provide liaison and coordinative support as required.

1.06 Operational Area District Coordinator Responsibilities In addition to the roles and responsibilities identified in Section 4.09, The Director of Emergency Services will provide staff in direct support of the Local Coordinators. These Operational Area District Coordinators are not intended to replace local staff, as they do not have the required authority within local jurisdictions to operate as the primary coordinators. They will, however, provide the following services, which include but are not limited to:
a) Develop, review and update emergency operations plans. b) Develop, review and update detailed standard operating procedures, checklists and resource documents.
c) Compile data and prepare program papers and progress reports for the jurisdictions served. d) Compile and review jurisdictional data in support of the annual Standards Review. e) Support a Planning and Exercise Design Team as well as complete a 3-5 year Training and Exercise Program that is HSEEP compliant.
f) Act as information, education and/or resource officer for the jurisdictions served. g) Speak to civic groups, clubs, and organizations to promote emergency services programs, encouraging public understanding and support. Notify local jurisdiction when appropriate. h) Work cooperatively with other office staff on area-wide projects and in training programs. i) Develop relationships with representatives of other emergency management and response agencies and organizations, review legislation, regulations and other documentation to ensure that the County is in compliance with such regulations and avail itself of all financial and other resources.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 13, 2025
ITEM TITLE: Consideration of Appointments to the City Council Subcommittees and Ad Hoc Committees for 2025.

RECOMMENDATION:

Staff recommends that the City Council appoint the primary and alternate representatives selected by the Mayor to serve on boards, committees, and authorities.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Each year following the City Council’s reorganization, the Mayor appoints City councilmembers to serve as primary and alternate representatives to various boards, committees, and authorities.

The City of San Carlos Code of Conduct & Ethics Policy for Council Members and Appointed Officials indicates that the Mayor is the presiding officer of the City Council and in this capacity “... is responsible for . . . appointing Council Members to standing or ad hoc committees. The Mayor is also responsible for appointing Council Members to certain county and regional boards and committees.”
ANALYSIS:

The proposed list of 2025 City Council Regional Joint Powers Authorities (JPAs), Boards, and Committee Assignments is included in Attachment 1. The City Council is asked to discuss and consider the recommended primary and alternate appointments to each agency before voting to approve.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Approve the Mayor’s appointment of City councilmembers to boards, committees, and authorities; or

2. Amend the Mayor’s appointment of City councilmembers to boards, committees, and authorities; or

3. Provide staff with alternative direction.

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Respectfully submitted by:

Nil Blackburn, Assistant City Manager
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. 2025 City Council Regional JPAs, Boards, and Committee Assignments

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CITY COUNCIL REGIONAL JPAs, BOARDS, AND COMMITTEE ASSIGNMENTS 2025

Primary/Alternate

Advance Life Support (ALS) (3rd Wed of Jan/May/Sept, 6:30 p.m.) Venkatesh/Dugan San Mateo County Pre-Hospital Emergency Medical Services Group. JPA for emergency ambulance services in San Mateo County.

Airport Roundtable (1st Wednesday of Feb/April/June/Aug/Oct/Dec, 7:00 p.m.) Layton/Venkatesh A voluntary public forum established in 1981 for the discussion and implementation of noise mitigation strategies at San Francisco International Airport (SFO). www.sforoundtable.org/

Association of Bay Area Governments (ABAG) General Assembly (Annual meeting) Dugan/Rak Determine policy matters for the Association, including adopting annual general budget, and review recommendations of the Executive Board. http://abag.ca.gov/overview/ga.html

Belmont-San Carlos Fire Department (Meetings as needed) Layton and Dugan/McDowell Former fire protection services provider for San Carlos, Belmont, and the Harbor Industrial Area (HIA).

Caltrain Modernization Local Policy Maker Working Group (4th Thursday, 5:30 p.m.) Venkatesh/TBD Regional committee of Council Members and County Supervisors along the Caltrain corridor in San Francisco, San Mateo, and Santa Clara counties. The group receives updates and provides comments on the Caltrain Modernization program which includes Caltrain Electrification, Blended Operations and Caltrain/California High Speed Rail operations. www.caltrain.com/projectsplans/CaltrainModernization.html

City/County Association of Governments (C/CAG) (2nd Thursday, 6:30 p.m.) Rak/Venkatesh Association of cities + County on issues affecting San Mateo County. http://ccag.ca.gov/

Airport Land Use Committee (ALUC) (4th Thursday, 4:30 p.m.) Venkatesh/Layton Subcommittee of the City/County Association of Governments formed to advise and recommend actions regarding the updating of Airport Land Use Plan land use compatibility issues affecting the airports in San Mateo County. http://ccag.ca.gov/committees/airport-land-use-committee/

Emergency Services Council (Quarterly on 3rd Thursday, 5:30 p.m.) Dugan/McDowell Countywide Board that prepares for mutual aid response in the event of a natural disaster or act of terrorism. Staffed through the County Sheriff’s office, this Council is funded by a 21 member-agency JPA, and funds activities including HAZMAT, mutual aid communications, and OES response staffing. https://bnc.smcgov.org/emergency-services-council

Grand Boulevard Initiative (Quarterly) TBD/Rak
A regional collaboration dedicated to the revitalization of the El Camino Real corridor, as it runs through San Mateo and Santa Clara counties in the California Bay Area. www.grandboulevard.net

League of California Cities, Peninsula Division (Meets Quarterly) All Represents all cities in California on legislative matters in Sacramento. The Peninsula Division runs from San Francisco to Gilroy and meets quarterly on the peninsula plus an annual breakfast to elect officers of the division during the League of California Cities Annual Conference. www.cacities.org/Member-Engagement/Regional-Divisions/Peninsula

Library Governing Board JPA (Meets five times a year on Mondays, 8:15 a.m.) McDowell/Dugan JPA for county library services. www.smcl.org

I. APPOINTMENTS TO OTHER AGENCIES – CITY OF SAN CARLOS REPRESENTATIVE(S)

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Peninsula Clean Energy JPA Board (4th Thursday, 6:30 p.m.) Dugan/Venkatesh San Mateo County’s official electricity provider. http://www.peninsulacleanenergy.com/

Peninsula Congestion Relief Alliance/Commute.org McDowell/Venkatesh (3rd Thursday in Feb/Apr/June/Sept/Nov, 8:00 a.m.)
Transportation systems management: shuttles/carpooling/Spare the Air information. www.commute.org

San Mateo County Council of Cities (Last Friday of Month) All Mayors and Councilmembers from San Mateo County’s 20 cities meet monthly to discuss issues/receive presentations on issues of mutual concerns. www.councilofcities.org

City Selection Committee (Meets prior to Council of Cities). Mayor/designee votes on appointments Subcommittee of Council of Cities. Business meeting starts at 6:15 p.m. in order to vote on appointments to regional boards. Location changes monthly.

San Mateo County Convention and Visitors Bureau (Monthly) All Funded by contributions of local hotels, motels, restaurants, museums, and tourist attractions in the County.

Publishes monthly guides of events in the County hosted by member businesses. www.smccvb.com/

San Mateo County Mosquito and Vector Control District Board of Trustee TBD Trustees are responsible for the development and approval of policies and for approving financial transactions, expenditures, the operational budget, and yearly audit for the District.

Silicon Valley Clean Water (2nd Monday, 8:00 a.m.)
JPA for sewage/wastewater treatment services. www.svcw.org Layton/Dugan

South Bayside Waste Management Authority (4th Thursday, 2:00 p.m.) Rak/Venkatesh JPA for solid waste and recycling services. www.rethinkwaste.org

Housing Endowment and Regional Trust (HEART) Board McDowell (term ends 2/28/27) (4th Wednesday monthly, 3:00 p.m.)
HEART is a Joint Powers Authority nonprofit organization, whose board consists of 10 elected officials and 10 members of the private sector who work to create more affordable housing throughout the County.

Appointed by the City Selection Committee. www.heartofsmc.org OneShoreline Rak (term ends 12/31/25) (typically 4th Monday monthly, 4:00 p.m.)
The mission of the Flood and Sea Level Rise Resiliency District Board of Directors (OneShoreline) is to address sea level rise, flooding, coastal erosion, and large-scale stormwater infrastructure improvements.

Appointed by the C/CAG Board. https://oneshoreline.org

2+2 – City/School District (as needed) McDowell and Rak Informal liaison committee between school district and City on areas of mutual concern.

Alexandria Subcommittee McDowell and Rak

Childcare Subcommittee McDowell and TBD

City Manager Recruitment Subcommittee McDowell and Rak

Downtown Subcommittee Dugan and Venkatesh

II.

APPOINTMENTS TO OTHER AGENCIES – AGENCY, NOT CITY APPOINTED (Requires Application by an Interested Council Member when Positions Are Available) III. APPOINTMENTS TO CITY COUNCIL COMMITTEES & COUNCIL AD-HOC COMMITTEES

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Four Corners Working Group (Belmont-San Carlos Cranfield Carlmont Traffic) Layton and Dugan

Infrastructure Financing Subcommittee Rak and Layton

Infrastructure Innovation and Improvement Subcommittee Dugan and Venkatesh

Multifamily Housing (Eaton) Subcommittee Layton and Dugan

Parks and Recreation Master Plan Subcommittee Layton and Venkatesh

Parks and Recreation Public Art Task Force Dugan

Trails and Open Space Subcommittee Dugan and Rak

US 101/Holly Street Subcommittee Rak and McDowell

Harbor Industrial Association (1st Thursday, noon, lunch at Van’s in Belmont) All San Carlos Educational Foundation Dugan
Chamber San Mateo County McDowell
IV. COUNCIL LIAISONS TO OTHER ASSOCIATIONS & NON-PROFIT ORGANIZATIONS

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