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County of San Diego - Unified Emergency Servicesar' UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. WITNESSETH WHEREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6500 and following relating to the joint exercise of powers common to public agencies. The County and the Cities each possess the common powers referred to above. 2004 N.✓ UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Services Organization, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City and in the County. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County -wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non -member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes_ T Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs AI through B6 above, including contracts for any services necessarily implied from those expressed. UDC 2 2004 on UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 8. The Unified San Diego County Emergency Services Organization shall not exercise the powers listed above in a manner that exceeds the County's authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division I of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for multi - jurisdictional emergency operations. During such multi - jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. The County and Cities signatory to this agreement shall: Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. E. In consideration of these mutual promises, it is hereby mutually agreed that: The County will pay fifty percent (50 %) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50 %) of the cost of maintaining the Unified San Diego Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One -half of the 50 %, or 25% of the total budget, shall be apportioned by people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate- - San Diego County, California, published by the Auditor and Controller of the County of San Diego. UDC 3 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4. If at the end of any fiscal year there remains an unencumbered balance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non- participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs E6 or E7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. 9. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all funds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following_ a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and place it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; C. Pay, when due, out of money of the Emergency Services Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; UDC 4 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT d. Pay any other sums due from the Emergency Services Organization from Emergency Services Organization money, only upon warrants drawn by the County Auditor /Controller pursuant to paragraph E 1 I ; e. Verify and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and f. Invest funds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 11. The County Auditor and Controller /Chief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services Organization and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organization when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing standards; and C. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be borne by the San Diego County Emergency Services Organization and shall be a charge against the unencumbered funds of the Emergency Services Organization available for this purpose. 13. The San Diego County Unified Emergency Services Organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two -year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Services Organization to satisfy federal audit requirements. UDC __ 5 2004 *W0 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified San Diego County Emergency Services Organization shall administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agreement, but shall be the debts, liabilities and obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus money on hand shall be returned to the parties in the same ratio as the parties contribute to the cost of the San Diego County Unified Emergency Services Organization as set forth in paragraphs E I and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice - Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative from each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. A majority of the Member Agencies constitute a quorum for the transaction of business. In order to act on any item, the following voting formula (a.) and (b.) shall apply: a. A majority vote of the members present on the basis of one vote per agency. b. A majority of the weighted vote of the members present (when requested). UDC _ _ _ 6 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT M. For the weighted vote, there shall be a total of 100 votes. Additional votes shall be allowed following the admission of a newly incorporated city as a member agency. The newly incorporated city shall receive one vote under the single vote procedure and one vote under the weighted vote procedure until the next recomputation of the weighted vote, at which time the new city shall receive votes in accordance with the specified SANDAG formula — Section 5 (Section 132351.2 of the Public Utilities Code): b.l .l . Any agency with 40 percent or more of the total population of the San Diego County region shall be allocated 40 votes. b.1.2. The remaining Member Agencies votes shall be determined by population using the SANDAG formula — Section 5 (Section 132351.2 of the Public Utilities Code). c. When a weighted vote is taken on any item requested, or one that requires more than a majority vote of the Unified Disaster Council, it shall also require the supermajority percentage of the weighted vote. d. Any member agency may request a weighted vote on an agenda item. c. The weighted vote shall be recomputed every July I" using the State of California Department of Finance certified population estimates_ G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section 7 of Part A of this Agreement and to meet all other purposes of this agreement. UDC 7 2004 N.. UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. 2. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. 3. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. 7. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. I. The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. UDC 8 2004 u `46W UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive funds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph E10 above. 6. To authorize the County Auditor /Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization funds pursuant to paragraph E 10 above. J. There is hereby created an Office of, and Director for, Emergency Services. The Office shall be under the direction of the Chief Administrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies in accordance with emergency plans, 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3_ To coordinate and assist in the recruitment and training of emergency services personnel; 4_ To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; UDC 9 2004 w UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. To develop, maintain and distribute Operational Area inventories of vital resources; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments necessary to the day - to-day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; and 12. To Chair meetings of the Unified Disaster Council in the absence of the designated Chair and Vice -Chair of the Unified Disaster Council. K. The Unified San Diego County Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the event the organizations are akered materially in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. L. The terms "state of war emergency ", "state of emergency ", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. UDC 10 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT O. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the neat succeeding calendar year. UDC 11 2004 4mw UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFIED DISASTER COUNCIL Council Approval A Date: S%Ia3' Chairman, Unified Disast -Coumcil CITY OF CARLSBAD Council Approval Date: 4'i9�o5' y CITY OF CHULA VISTA Council Approval Date: ,iu haLi4,2Da CITY OF CORONADO Council Approval Date: Flora Ito"/ By CITY OF DEL MAR Council Approval l� Date 1 i dO4z)* y �� 4 CITY OF EL CAJON Council Approval Date: QLZ 2,V, 200f By APP_ QVED AS TO FORM AND LEGALITY CCU'' GUMSEL CY SENIOR DEPU UDC 12 2004 .%W r✓ UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCINITAS Council Approval .11-11-- n Date: ��O, —D C� ByS .0 A CITY OF ESCONDIDO Council Approval Date: By ___tom CITY OF IMPERIAL BEACH Council Approval Date: I1 *l - CITY OF LA MESA Council Approval Date: rnw,�A --�, a 1 CITY OF LEMON GROVE Council Approval Date: CITY OF NATIONAL CITY Council Approval Date: tf_2.0_Oy CITY OF OCEANSIDE Council Approval Date: SCLO , 1 2po4 J By 'r\ S B�s_A By e V By UDC 13 2004 l %W UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Council Approval Date: y /W,o � BY CITY OF SAN DIEGO Council Approval Date: 05.11.01 CITY OF SAN MARCOS Council Approval Date: j - q -,,� ev CITY OF SANTEE Council Approval Date: s /5; -�2 oo y CITY OF SOLANA BEACH Council Approval Date: AftACL 1 CITY OF VISTA Council Approval Date: 910716., COUNTY OF SAN DIEGO . W. W724 All 1t By� pf L. By- �,�d�•� �. �� Board Approval ` , W _ � Date: By tNduML, � Approved and /or airhorized by the Board Clerk of the Board of Supervisors •' a ;ounty of San Date A,❑ute Order No. Thomas J. Pasluszka O'SU=V THOMAS J. Pr. ST; ;7XA Clerk of the Board of SWWVW rs Clerk; o q Ard pl „jupervism 01 -01226 BY- yi 1 Deputy Cle UDC 14 2004 fahM" Of -POWAY DOCUMENT .r UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federaTemergency management requirements can be passed on to member jurisdictions. WITNESSETH WHEREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6500 and following relating to the joint exercise of powers common to public agencies. 1. The County and the Cities each possess the common powers referred to above. U6C 1 2002 wwe `. UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Services Organization, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City and in the County. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County -wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non- member agencies or jurisdictions. 5. Develop andleep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes. 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs Al through B6 above, including contracts for any services necessarily implied from those expressed. UDC 2 2002 tow UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 8. The Unified San Diego County Emergency Services Organization shall not exercise the powers listed above in a manner that exceeds the County's authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division 1 of Tide 2 of the California Government Code, and support established mutual aid agreements as the basis for multi - jurisdictional emergency operations. During such multi - jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. E. The County and Cities signatory to this agreement shall: Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50 1/o) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50 %) of the cost of maintaining the Unified San Diego Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One -Half of the 50 %, or 25% of the total budget, shall be apportioned by people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate- - San Diego County, California, published by the Auditor and Controller of the County of San Diego. UDC 3 2002 4. 0 .,. UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4. If at the end of any fiscal year there remains an unencumbered balance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. In the event a non - participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will he applied. 8. If application of contributions received under paragraphs E6 or E7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. 9. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all funds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following: a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and place it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; C. Pay, when due, out of money of the Emergency Services Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; UDC 4 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT d. Pay any other sums due from the Emergency Services Organization from Emergency Services Organization money, only upon warrants drawn by the County Auditor /Controller pursuant to paragraph E 11; e. Verify and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and E Invest funds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 11. The County Auditor and Controller /Chief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services Organization and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organization when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing standards; and C. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be borne by the San Diego County Emergency Services Organization and shall be a charge against the unencumbered funds of the Emergency Services Organization available for this purpose. 13. The San Diego County Unified Emergency Services Organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two -year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Services Organization to satisfy federal audit requirements. UDC 5 2002 .. vmpi UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified San Diego County Emergency Services Organization shall administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agreement, but shall be the debts, liabilities and obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus money on hand shall be returned to the parties in the same ratio as the parties contribute to the cost of the San Diego County Unified Emergency Services Organization as set forth in paragraphs E 1 and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: I. The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice- Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative from each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: UDC 6 2002 ...r %".: UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section 7 of Part A of this Agreement and to meet all other purposes of this agreement. H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. UDC 7 2002 V Iftew UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. L The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive funds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph E10 above. 6. To authorize the County Auditor /Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization funds pursuant to paragraph E 10 above. J. There is hereby created an Office of, and Director for, Emergency Services. The Office shall be under the direction of the Chief Administrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. UDC 8 2002 y..w "..r UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies in accordance with emergency plans; 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment and training of emergency services personnel; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; 7. To develop, maintain and distribute Operational Area inventories of vital resources; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments necessary to the day -to -day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; and 12. To Chair meetings of the Unified Disaster Council in the absence of the designated Chair and Vice-Chair of the Unified Disaster Council. IC The Unified San Diego County Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. UDC 9 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT L. The terms "state of war emergency ", "state of emergency ", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. O. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. UDC 10 2002 -00 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFIED DISASTER COUNCIL Council Approval Date: CITY OF CARLSBAD Council Approval Date: CITY OF CHULA VISTA Council Approval Date: CITY OF CORONADO Council Approval Date: CITY OF DEL MAR Council Approval Date: CITY OF EL CAJON Council Approval Date: By Chairman, Unified Disaster Council Lo Lo I: 0 UDC 11 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCMTAS Council Approval Date: CITY OF ESCONDIDO Council Approval Date: CITY OF IMPERIAL BEACH Council Approval Date: CITY OF LA MESA Council Approval Date: CITY OF LEMON GROVE Council Approval Date: CITY OF NATIONAL CITY Council Approval Date: CITY OF OCEANSIDE Council Approval Date: By By By By Lm UDC 12 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Council Approval Date: June 24, 2003 CITY OF SAN DIEGO Council Approval Date: CITY OF SAN MARCOS Council Approval Date: CITY OF SANTEE Council Approval Date: CITY OF SOLANA BEACH Council Approval Date: CITY OF VISTA Council Approval Date: COUNTY OF SAN DIEGO Board Approval Date: 01 -01226 By cT �G(� Betty Cord, e uty Mayor al 0 Lim By Clerk of the Board of Supervisors UDC 13 2002 smrbmew COUNTY VMRfOpSASffRCOUNCII Emergency Services CARLSBAD CHUM VISTA COUNTY OF SA DECO Onaanization DEL MAR EL CA.ION ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA OFFICE OF DISASTER PREPAREDNESS LEMON GROVE NATIONAL CITY 5201 -Q Ruffin Road, San Diego, California 92123 OCEANSIDE Phone 619- 565 -3490 • Fax 619 - 694 -2514 POWAY SAN MARCOS SANTEE SOLANA BEACH VISTA September 17, 1992 To: Unified Disaster Council Member City of Poway From: Daniel J. Eberle, Director Office of Disaster Preparedness FOURTH AMENDED EMERGENCY SERVICES AGREEMENT - OFFICIAL COPY Enclosed is an official copy of the Fourth Amended Emergency Services Agreement. The Agreement has been approved by your City Council. The authorizing signatures of participating jurisdictions have been authenticated by an official seal of the Clerk of the Board of Supervisors embossed on the last page of the document. This copy is for your official City files which are maintained by the City Clerk. Please make any copies you need, and forward the official copy to your City Clerk's office for their records. I wish to personally thank you for your assistance throughout this entire process. I think we have made major improvements and have a document which should not require amendment for years. Sincerely, Daniel J Eberle Enclosure UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FOURTH AMENDED EMERGENCY SERVICES AGREEMENT This Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as the County, and the incorporated cities within the County who are signatory hereto, hereinafter referred to as City or Cities. Nothing in this Agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. W I T N E S S E T H: WHEREAS, the County and the Cities desire to provide for a unified emergency services organization, in the San Diego Operational Area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi - jurisdictional emergencies or disasters; and WHEREAS, the parties to this agreement desire to provide for any unencumbered balances at the end of the budget year resulting from either budget savings or revenues; and WHEREAS, the parties have previously entered into the Third Amended Emergency Services Agreement of 1986; and WHEREAS, the parties to said Agreement desire to amend the Agreement to provide the Unified San Diego County Emergency Services organization with the power to enter into contracts to carry out the purposes of the organization; and WHEREAS, the parties desire further amendments, all of which are incorporated into this Fourth Amended Emergency Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby mutually agree as follows: UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT A. The Unified San Diego County Emergency Services organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City in the County. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special Countywide programs may be developed under this Agreement. In those situations, the Unified Disaster Council, may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non - member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes. UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs Al through A6 above, including contracts for any services necessarily implied from those expressed. B. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division 1 of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for multi - jurisdictional emergency operations. During such multi - jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. The County and Cities signatory to this agreement shall: 1. Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. D. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50 %) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50 %) of the cost of maintaining the Unified San Diego Emergency Services organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One -half of the 50 %, or 25% of the total budget shall be apportioned by people units or population in participating Cities. UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate - -San Diego County, California, published by the Auditor and Controller of the County of San Diego. 4. If at the end of any fiscal year there remains an unencumbered balance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non - participating organization or agency contributes funding to the Unified San Diego County Emergency Services organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs D6 or D7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. E. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified . ".W UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT Disaster Council consists of the following: The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice - Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and /or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from those specified in paragraph E2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. A representative from each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. F. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section 7 of Part A of this Agreement and to meet all other purposes of this Agreement. G. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Disaster Preparedness, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. To call or cause to be called a vote of the Unified Disaster Council members by mail, telephone, electronic UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT or other appropriate means on time sensitive issues if it is impractical or inappropriate to call a special meeting of the Disaster Council. H. The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive and disburse the funds of the Unified San Diego County Emergency Services Organization and to be responsible and accountable for such funds. I. There is hereby created an Office of, and Director for, Disaster Preparedness. The Office, shall be under the direction of the Chief Administrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. ,Qw UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. The Director and staff of the Office of Disaster Preparedness shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operational Area Emergency Plan and to respond to emergencies in accordance with emergency plans; 2. To aid, assist and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment and training of emergency services personnel; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide pats as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; 7. To develop, maintain and distribute Operational Area inventories of vital resources; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments necessary to the day to day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT J. The Unified San Diego County Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101). In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties an amendment to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. K. The terms "state of war emergency ", "state of emergency ", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. L. This Agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Third Amended Emergency Services Agreement of 1986. M. Any of the Cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. N. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. ".e UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFIED DISASTER COUNCIL Council Approval Date: 9/19/91 CITY OF CARLSBAD Council Approval Date: 11/19/91 CITY OF CHULA VISTA Council Approval Date: 5/12/92 CITY OF CORONADO Council Approval Date: CITY OF DEL MAR Council Approval Date: 2/3/92 CITY OF EL CAJON Council Approval Date: 11 /12/91 CITY OF ENCINITAS m By lam. /J By By Council Approval Date: 12/4/91 BY / ,lei UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ESCONDIDO Council Approval Date: 1 /8/92 By CITY OF IMPERIAL BEACH Council Approval /, Date: 1/8/92 By X4A%O CITY OF LA MESA Council Approval Date: 4/14/92 By CITY OF LEMON GROVE Council Approval -7 Date: 11/4/91 By CITY OF NATIONAL CITY Council Approval tp Date: 11/19/91 By s CITY OF OCEANSIDE / Council Approval Date: By CITY OF POWAY Council Approval Date: 1/28/92 Minute Action Item #13 CITY OF SAN DIEGO Council Approval Date: By _V c N of d, L`enuty Citv Clerk M UDC 11 1991 %ft,, UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF SAN MARCOS Council Approval Date: 10/22/91 By CITY OF SANTEE Council Approval Date: 6/24/92 By CITY OF SOIANA BEACH Council Approval C1 Date: 2/18f92 By Lle CITY OF VISTA Council Approval Date: 1/14/92 COUNTY OF SAN DIEGO Board Approval / 1 Date: 11/26/91 By Clerk of the Board of superkisors R 9 MIN 1; Lu',L."I vUl i�l `e V'r �i J!l�tt. PY_ _ -- iv,PUTP` aft ,W,. :qw %*Of UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ESCONDIDO Council Approval Date: By CITY OF IMPERIAL BEACH Council Approval Date: By CITY OF LA MESA Council Approval Date: By CITY OF LEMON GROVE Council Approval Date: By CITY OF NATIONAL CITY Council Approval Date: By CITY OF OCEANSIDE Council Approval Date: By CITY OF POWAY Council Approval Date: 1 -28 -92 CITY OF SAN DIEGO Council Approval Date: By GoIXsmnth, Mayor I THIRD AMENDED EMERGENCY SERVICES AGREEMENT This Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as the County, and the incorporated cities within the County signatory hereto, hereinafter referred to as the City or Cities. Nothing in this Agreement is intended to lessen participating members' authority over and responsibility for events occurring within their jurisdiction. W I T N E S S E T H: WHEREAS, the County and the Cities are desirous of providing for a unified emergency services organization for the purpose of coordinating regional planning and programs for the preservation and safety of life and property and making provision for the execution of plans and programs in the event of an emergency or disaster, and to provide for mutual assistance in the event of such emergencies or disasters; and WHEREAS, the parties to this agreement are desirous of providing for any unencumbered balances at the end of the budgeted year resulting from either budget savings or revenues derived from Federal or other funds; and WHEREAS, the parties have previously entered into the Civil Defense Disaster Agreement, as twice amended, and the First and Second Amended Emergency Services Agreement; and WHEREAS, the parties desire further amendments, all of which are incorporated into this Third Amended Emergency Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby mutually agree as follows: A. The unified San Diego County Emergency Services Organ- ization is hereby created and established to perform the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City in the County. 2. Prepare and develop countywide emergency guidelines which may be used by participating 1 1986 members and which provide for needs and the coordination of those needs in the event of a major natural disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined by the Unified Disaster Council. From time to time special Countywide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational ° and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing juris- dictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in federal or state funds which may b, to the County and the Cities purposes and in the acquisition by the Cities of surplus property services purposes. obtaining any =_come available for emergency the County and for emergency 7. In the event of an emergency confined to one City, offer assistance within the limits of its emergency services organization and coordinate assistance furnished by the County and other Cities in accordance with mutual aid agreements. 8. In the event of an emergency affecting an area greater t offer assistance to the extent services establishment and assistance furnished by other the operational area concept. within the county han any one City, of its emergency coordinate the agencies through B. The County and Cities signatory to this agreement shall; 1. Become members of the Unified San Diego County 2 1986 Emergency Services Organization. 2. Coordinate with and assist participating members in the development of emergency plans which shall be compatible with and complementary to countywide emergency plans, guidelines and programs as may be provided for under this agreement. 3. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. C. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50 %) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50 %) of the cost of maintaining the Unified San Diego County Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One -half of the 50° %, or 25% of the total budget shall be apportioned by people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Pate- -San Diego County, California, published by the Auditor and Controller of the County of San Diego. 4. If at the end of any fiscal year there remains an 3 1986 unencumbered balance derived from budget savings or revenue from Federal funds received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non - participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. D. The Unified Disaster Council is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: 1. The Chairperson of the County Board of Supervisors who shall be the Chairperson. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice - Chairperson and who is selected by the Unified Disaster Council from among: the Chief Administrative Officer of the County or the City Manager and /or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from the above group to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. Each member agency shall designate a primary representative to the Council, they shall also designate alternates if the primary representative is unable to attend. 4 1986 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. E. It is the duty of the Unified Disaster Council and it is empowered to review and approve emergency mutual aid plans and agreements, disaster preparedness plans, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. The Unified Disaster Council is empowered to develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council. F. The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session, subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to issue such proclamation if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To coordinate the mutual aid efforts of the 5 1986 parties to this agreement. 5. The Coordinator shall receive and disburse the funds of the Unified San Diego County Emergency Services Organization and shall be responsible and accountable for such funds. G. The Unified San Diego County Emergency Services Organ- ization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101). In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties an amendment to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. H. The terms "state of war emergency ", "state of emergency ", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. I. This Agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Second Amended Emergency Services Agreement. J. Any of the Cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. K. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. 6 1986 IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO: Board Approval Date: 6 -24 -86 By Clerk of the Board of Supervisors CITY OF CARLSBAD: % Council Approval /Z� e � Date: 6 -10 -86 By ( ZY, CITY OF CHULA VISTA: Council Approval jJ Date: 7 -8 -86 By � (� CITY OF CORONADO: l Council Approval Date: 5 -6 -86 CITY OF DEL MAR: Council Approval Date: 6 -2 -86 CITY OF EL CAJON: Council Approval Date: 8 -13 -86 CITY OF ESCONDIDO: Council Approval Date: 6 -11 -86 CITY OF IMPERIAL BEACH: Council Approval Date: 6 -3 -86 CITY OF LA MESA: Council Approval Date: 5 -19 -86 By By IVCle X' t 1Ju��a; C Mayor City Cler CITY OF LEMON GROVE: Council Approval Date: 5 -19 -86 CITY OF NATIONAL CITY: Council Approval Date: 5 -20 -86 CITY OF OCEANSIDE: Council Approval Date: 3 -11 -87 CITY OF POWAY: Council Approval Date: 6 -24 -86 CITY OF SAN DIEGO: Council Approval Date: 11 -3 -86 CITY OF SAN MARCOS: Council Approval Date: 5 -13 -86 CITY OF SANTEE• Council Approval Date: 9 -10 -86 CITY OF VISTA: 0 By BY y C� By BY r LE AT 74 Council Approval Date: 8 -12 -86 By Clerk MT*P. THIRD AMENDED �Y SERVICES AGREEMENT ADDENDUM In accordance with Paragraph J, page 6 of the 1986 Third Amended Emergency Services Agreement, the below listed parties have executed said agreement and are thereby members of the Unified San Diego County Emergency Services Organization. CITY OF ENCINITAS: Council Approval Date: 6 -24 -87 CITY OF SOLANA BEACH: Council Approval Date: 11 -16 -87 COUNTY OF SAN DIEGO: Board Approval Date: 6 -24 -86 CERTIFIED: By By�, U By By _ Clerk of the Board of Supervisors Da to Clerk of the Board of Supervisors 9 1987 SECOND AMENDED EMERGENCY SERVICES AGREEMENT This Agreement, is entered into by and betlueen the C County of San biego, a political subdivision of the State of California, hereinafter referred to as the County, and the incorporated cities within the County signatory hereto, hereinafter referred to as the City-or Cities. W I T N E S S E'T H: - WHEREAS, the County and the Cities are desirous of providing for a unified emergency services organization-for the purpose of preparing mutual plans for the preservation and safety of life and property and making provision for the execution of those plans in the event of a local emergency, _ - m-argen and to provie,P State OT eS :ergenC:j G:i Stu "mac v_ 4: i.r (:.:. •.,_ C3', for mutual assistance in the event of such emergencies; and WHEREAS, the parties to this agreement are desirous of providing, for any unencumbered balances at the end of the budgeted year resulting from either budget savings or revenues derives: from Federal or other funds; and 11HEREAS, the parties have previously entered into the Civil Defense Disaster Agreement, as twice amended, and. the .First Amended Emergency Services Agreement; and WHEFLEAS, the parties desire further amendments, all of C which are incorporated into this Second Amended Emergency Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby mutually agree as follo•.,s: A. The Unified San Diego County Emergency Services Organization is hereby created and established to perform the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and each City in the County_ 2. Prepare and develop a countywide emergency plan which shall provide for the needs of the contract- ing cities and of the unincorporated areas of tee County and which in addition will take into account_ and be coordinated with the needs of the County and the cities in the event of a major natural disaster or other emergency. t ls:sj C 1. BeCOMe members of tP:_ Unified San Diego County Emergency Services Organization. 2. Bece ^e parties to such mutual aid agreements as shall be deemed necessary by the Unified San Diego County Disaster Council. -2- ' 3. Aid, assist and advise the County and the cities with the training of public employees for the emergency services organization. C4. Provide a countywide emergency services program in each of the follo.,ing areas: a) coroner b) health C) welfare d) traffic control e) medical f) public information ' g) radiological safety 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the cities for emergency purposes and in the acquisition by the County and the cities of surplus property for emergency services purposes. '. In the event of an em.ercency confined to one city, offer assistance within the limits o° its emergency services orcanization and coordinate assistance furnished by the County and other cities in accordance with mutual aid agree ^eats. 8. In the event of an emergency within the county affecting an area greater than any one city, offer assistance to the extent of its emergency services establishment and direct and coordinate the assistance furnishes by the County and other cities. B_ The County and cities signatory to this agreement shall: C 1. BeCOMe members of tP:_ Unified San Diego County Emergency Services Organization. 2. Bece ^e parties to such mutual aid agreements as shall be deemed necessary by the Unified San Diego County Disaster Council. -2- 3. Accept primary responsibility for the development within the County and each city of an emergency plan which shall be compatible with and complementary to the countywide emergency plan and organization as provided in paragraph A (2) above_ 4. Delegate to the Unified San Diego County Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and city funds and use of County and city personnel, equipment and supplies as are made available by the. County and the cities for emergency services purposes. C. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50) of the' cost of establishing and maintaining the Unified San. Diego County Emergency Services Organization_ 2.. The cities signatory hereto will pay fifty percent (5,0 €) of the cost of maintaining the Unifed San Diego County Emergency Services Organization, said fifty percent to be apportioned among the cities. in accordance with the following formula: a) One -half of the 500, or 25€ of the total budget shall be apportioned by people units or population. The total population of all contracting cities is divided into one - fourth of the total budget (of all contracting cities) equaling a factor in cents_ The population of each contracting city times the factor in cents equals the share for each city. b) The remaining 25€ of the total budget shall' be apportioned by value units, meaning the assessed valuation of each city. T:e total assessed value of teal and personal property in all contracting cities is divided into one - fourth of the total budget equaling a factor in mills. The assessed value of each contracting city times the factor in mills equals the share for each city. -3- C, 3. For the purposes of this agreement the total assessed valuation of real and personal property in all the contracting cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate- -San Diego County, California, published by the Auditor and Controller of the County of San Diego. 4. If at the end of any fiscal year there remains an unencumbered balance derived frog budget savings or revenue from Federal funds received for emergency services purposes, such balance shall be credited to the contracting cities at the rate of their contribution for that fiscal year, towards the following fiscal year for the expend- ::i res of the Unified San Diego County Emergency Services Organization. In the event a contracting city iritMrac:s f_om, this agreement, such city will receive its re_`uncable share of the unencumbered balance for that fiscal year in a single pa } ^,ert. D. The Unified San Diego County Disaster Council is the policy making body of the Unified San Diego County Emergency Services Organization. The Council consists of the following: 1. The Chairman of the County Board of Supervisors who shall be the Chairman. 2. The Coordinator of the Unified San Diego County Emergency Services Organization Grho stall be the Vice - Chairman and who is selected by the Unified San Diego County Disaster Council from; among: the Chief Administrative Officer of the County or the City Planager and /or Chief r_dministrator o` a:: contracting city. Two additional above group to in the absence Coordinator. persons shall be selected from the act as first and second altu'rnates or inability to serve of the 3. A representative from the City Council of each contracting city or an alternate to he designated by each contracting city, shall be the xer:bers of the Unified San Diego County Disaster Council. -4- F. C_ r w It is the duty of the Unified San Diego County Disaster Council and it is empowered to review and approve emergency mutual aid plans and agreements, disaster preparedness plans, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Unified San Diego County Disaster Council meets at least semi - annually and upon call of the Chairman or in his or her absence from the County, or inability to call such a meeting, upon the call of the Coordinator. The Disaster Council is empowered to "develop a proposed budget and to recommend a budget and the apportionment thereof to the County. and all contracting cities. The County and the contracting cities shall not adopt budgets differing from the budget recommended by the Disaster Council without first consulting with the Disaster Council. The Coordinator of the Unifed can Diego County Emergency Services Organization has the following pol•ers and duties: 1. To request the Cit_v Council or Councils to proclaim the existence or threatened existence of a local emergency and the determination thereof if tile Council. or Councils are in session or to issue such proclama- tion if the Council or Councils are not in-session, subject to ratification by the Council or Councils at the earliest, practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a local emergency and the determination: thereof if the Board of Supervisors is in session or to issue such proclamation if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected city or cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To coordinate the efforts of the parties to this agreement for the accomplishment of its purposes. 5. The Coordinator shall receive and disburse the funds of the Unified San Diego County Emergency Services Organization and shall be responsible and accountable for such funds. -5- E. F. C_ r w It is the duty of the Unified San Diego County Disaster Council and it is empowered to review and approve emergency mutual aid plans and agreements, disaster preparedness plans, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Unified San Diego County Disaster Council meets at least semi - annually and upon call of the Chairman or in his or her absence from the County, or inability to call such a meeting, upon the call of the Coordinator. The Disaster Council is empowered to "develop a proposed budget and to recommend a budget and the apportionment thereof to the County. and all contracting cities. The County and the contracting cities shall not adopt budgets differing from the budget recommended by the Disaster Council without first consulting with the Disaster Council. The Coordinator of the Unifed can Diego County Emergency Services Organization has the following pol•ers and duties: 1. To request the Cit_v Council or Councils to proclaim the existence or threatened existence of a local emergency and the determination thereof if tile Council. or Councils are in session or to issue such proclama- tion if the Council or Councils are not in-session, subject to ratification by the Council or Councils at the earliest, practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a local emergency and the determination: thereof if the Board of Supervisors is in session or to issue such proclamation if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected city or cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To coordinate the efforts of the parties to this agreement for the accomplishment of its purposes. 5. The Coordinator shall receive and disburse the funds of the Unified San Diego County Emergency Services Organization and shall be responsible and accountable for such funds. -5- G. The Unified Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31 -101). In the event the organizations are altered materially .in the Emergency Services Ordinance, any party may offer to the other contracting parties an amendment to conform the agreement to the Ordinance. All amendments to the Agreement: shall be in writing and effective upon _execution by all,:.parties. H. The terms "state of War emergency ", "state of emergency ", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services•Act, Government Code Section 8558. I. This Agreement shall become effective upon the execution of the agreement by the County Board of Supervisors following execution by all cities desiring to beco ;ae signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly );no-...n as the Civil Defense and Disaster Agreement, and all amend- ments thereto and also supersedes the First Amended Emergency Services Agreement. J. Any of the cities Within the County of San. Diego c -rhich are noti.,, or which may hereafter become incorporated may become a party to this agreement by executing a contract hereunder and filing such executed contract rrit-h-the Coordinator or, in his or her absence, the first or second alternate coordinator. K. This agreement may be terminated as to any of the parties by Written notice given by such party to all the other parties a :hick notice shall be given at least 120 days prior to the commence.ent of the fiscal year in Which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. . IN WITNESS WH EREor, the parties hereto do affix their signatures. COU:d'PY SA\ D ^IEIGO Date December 7, 1979 BY \- PORTER D. CRINA "S Clerk of the Board of Supervisors J- C Date J Date October 11, 1979 Date /Z (9GG—! /T/ r Date Date �� G%C/�, -? ,-. %e7 9,q \- Date /�7 Date :� .•!' / %;���° Date Date C ( e7 ��' 77 Date CITY OF CARLSBAD . By i R CITY OF CHULA VISTA By CITY OF CORONADO t 1kYT BY — , -v I'— CITY OF, EL CAJoq m Mawr Pro Tempore/ CITY OF DEL �NiA CITY OF ESCONDIDIO -T P �L BY Doug I' st:, xiayor CITY OF IMPERIAL BEACH BY �4 / //�rJ �� ) FBRIAN P. BILBRAY, %1i%L CITY- 01Z T` PL - T' T 13Y CITY OF LA MESA By �� .. l l .• -c Paul V. Fordem, Flavor CITY OF LEMON GROVE m -7- l_ cc— Date 17�ml-- 0 1 Date CITY OF NATIONAL Cl Y By MAYOR CITY OF OC17ANSIDE By MAYOR CITY OF SAX DIEGO Date /! /drl�vr�7�1� l! %9 By Date June 26, 1970 Res. 79 -1419- 6/12/79 Date Tone 95, 1979 Reso. No. 79 -90 ASSISTANT f'0 CtFY MANAGER CITY OF SAN r1P�RCO8 By /I Ile MAIL CITY OF VISTA By BERNARD RAPPe1P �;T, 'MAYOR CITY OF POWAY i Date November 27, 1981 By CITY OF SANTEE Date October 26, 1981 By GENE R.- A�INSWORTH, MAYOR 10