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HomeMy WebLinkAbout95-139t-y %i~^ y' ~ °lfi ~~solufi~~n 'Uo. 95-139 RESOLUTION ESTABLISHING AN OPERATIONAL AREA TO STANDARDIZE RESFONSE TO EMERGENCIES INVOLVING MULTIPLE JURISDICTIONS WHEREAS, the California Office of Emergency Services has promulgated the Standardized Emergency Management System (SEMS) regulations codified as California Code of Regulations, Title 19, Section 24Q0 et seq.; and WHEREAS, those regulations require that all local governments within a county geographic area shall be organized into a single operational area by December ] , 1995, and specify that the Board of Supervisors shall be responsible for its establishment; and WHEREAS, it has been determined that it will be in the best interest of all focal governments within the county geographic area to designate the County of Butte as the lead agency for the operational area as authorized by those regulation. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The geographic area of the County of Butte is designated as an operational area as authorized by the Standardized Emergency Management System regulations promulgated by the California Office of Emergency Services. 2. The County of Butte is designated as the lead agency for the operational area. The Chair of the Board of Supervisor is authorized to execute on behalf of the County an agreement with each participating city and special district located within the operational area in the form attached hereto as Exhibit "A" and incorporated by this reference. lIll 1/ll llli //1/ 111/ //1/ PASSED AND ADOPTED by the Board of Supervisors, County of Butte, State of California this 10th day of October 1995 by the following vote: AYES: Supervisors Meyer, Dolan., Houx, Thomas and. Chair McLaughlin NOES: None ABSTAIN: None ABSENT: None Y ~ , ED lY1CLAUG LIN hair Butte County Board o Supervisors ATTEST: JOHN 5. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of supervisors !! By ~ ,_ ~ ~ 1 ~~ _ ~- - - C1erklDeputy EXHIBIT "A" AGREEMENT FOR PARTICIPATION IN BUTTE COUNTY OPERATIONAL AREA This Agreement, entered into this 10th day of October 1995 by and between the County of Butte, hereinafter referred to as "County", and the Cities of Biggs, Chico, Gridley, Oroville, and the Town of Paradise, collectively referred to as "Cities", and any special district which signs a counterpart of this Agreement, collectively referred to as "Districts", all parties to this Agreement. WITNESSETH A. The California Office of Emergency Services has promulgated the Standardized Emergency Management System (SEMS) regulations (California Code of Regulations, Title 19, Sections 2400 et. seq.); B. SEMS is intended to standardize response to emergencies involving multiple jurisdictions; C. The Butte County Board of Supervisors is responsible for the establishment of an operational area consisting of the County and all political subdivision within the geographic area of the County under the SEMS regulations, and the County is the lead agency far that purpose; D. This Agreement is intended to facilitate a cooperative approach among the Cities and Districts within the operating area in responding to emergencies; IT IS THEREFORE AGREED: 1. PARTICIPATION. County, Cities and Districts agree to utilize SEMS as established by the SEMS Regulations promulgated by the California Office of Emergency Services in responding to, managing, and coordinating effective response to emergency incidents. County, Cities and Districts acknowledge that the County is the lead agency within the boundaries of Butte County as defined by California Code of Regulations, Title 19, Section 2400 et. seq. and the parties agree to cooperate in a coordinated effort to facilitate effective emergency response for the operating area. 2. LEAD AGENCY. As lead agency, the County shall have responsibility far the day to day administration of the operational area, for the development plan for the operational area, and for other planning and development of the operational area in concert with the Cities and Districts who are parties to this Agreement. 3. OPERATIONAL AREA ORGANIZATION. The Butte County Emergency Service Council shall establish policies and procedure for the operational area. The Butte County Emergency Services Officer, or his or her designee, shall act as the operational area liaison to the State Office of Emergency Services. The Cities and Districts who are each a party to this Agreement shall designate individuals to act as liaisons to appropriate emergency response within the operating area. More than one district may appoint one individual to act as liaison and jointly represent them if their districts share substantially similar functions. 4. EMERGENCY OPERATIONAL CENTER. The County shall provide an Emergency Operations Center from which centralized emergency management can be performed for the operating area. The Emergency Operations Center shall be located at the Butte County Sheriffs Office, 33 County Center Drive, Oroville, California. The County will provide support staff and all necessary equipment and supplies for the Emergency Operations Center during actual emergency operations and exercises. 5. INDEMNIFICATION. Each party to this Agreement shall hold every other party harmless, defend and indemnify such party, its agents, officers and employees from and against any liability, claims, actions, costs, damages to property, arising out of its activities or the activities of its agents, officers and employees under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omission secured under this Agreement or any extension of this Agreement. 6. WITHDRAWAL. Any City, District, or the County may withdraw as a party to this Agreement upon thirty {30) days written notice of such withdrawal to all the other parties. 7. ADDITIONAL PARTIES. Any District as defined by California Code Regulations, Section 2400(y) and located in whole or in part within the boundaries of Butte County may become a party to this Agreement at any time upon execution of a counterpart to this Agreement effective after the expiration of thirty {30) days following written notification of such execution to all of the other parties to the Agreement. 8. EMPLOYMENT BENEFITS. The salaries, employment and workers' compensation benefits of each employee participating in the Operational Area Organization shall be the sole responsibility of the County, City or District employing such employee. 9. COUNTERPARTS. This Agreement may be executed in counterparts, and collectively the counterparts shall represent one Agreement. 10. TERM. This Agreement shall become effective as to each party from the date of its execution by that party, unless otherwise specified in this Agreement, and shall continue until June 30, 2010 unless extended by agreement of the parties to be bound in writing. 11. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading. 12. NOTICES. Except as may be otherwise required by law, any notice to be griven shall be written and shall be either personally delivered, sent via facsimile transmission or sent by first class mail, postage prepaid and addressed to the address of the party indicated below its signature block in this Agreement. Notice delivered personally or sent by facsimile transmission is deemed to be received upon receipt. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Any City, District, or the County may change the above address by giving written notice pursuant to this paragraph. 13. NO THIRD PARTY BENEFICIARIES INTENDED. Unless specifically set forth, the County, Cities and Districts who are a party to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. 14. FURTHER ASSURANCES. Each party agrees to execute any additional documents and to perform any further acts that maybe reasonably required to effect the purposes of this Agreement. THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below. COUNTY OF BUTTE Date: Chair, Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Facsimile No: 538-7120 ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By: clerk or Deputy APPROV D AS TO FOR Butte Cote y Cqu s~ ~,, ,--~ , By: y Deputy Date: CITY OF BIGGS Mayor CITY OF CHICO Date: Date: Date: Date: Date: Mayor Facsimile No. CITY OF GRIDLEY Mayor Facsimile No. CITY OF OROVILLE Mayor Facsimile No. TOW N OF PARADISE Mayor Facsimile No. DISTRICT President Facsimile No. EXHIBIT FOR ADDITION OF PARTY TO THE AGREEMENT FOR PARTICIPATION IN BUTTE COUNTY OPERATIONAL AREA ORGANIZATION The undersigned Special District agrees to became a party to the (date} _ Agreement For Participation in the Butte County Operational Area Organizational Area and to be bound to all of the terms and conditions set forth therein. It is understood that pursuant to Paragraph 7 of the Agreement this Special District shall automatically become a party to the Agreement thirty (30) days following notification of the execution of this Exhibit to all the existing parties to the Agreement. By: -- Title: District: Date: EXHIBIT FOR WITHDRAWAL OF PARTY TO THE AGREEMENT FOR PARTICIPATION IN BUTTE COUNTY OPERATIONAL AREA ORGANIZATION The undersigned agency desires to withdraw as a party to the (dated Agreement For Participation in the Butte County Operational Area Organizational Area. It is understood that pursuant to Paragraph 6 of the Agreement such withdrawal shall become effective thirty {30) days following notification of withdrawal to the County and the County shall provide notice of the withdrawal to the other parties to the Agreement. By: Title: Agency: Date: