CHAPTER 5
EMERGENCY ORGANIZATION AND FUNCTIONS
2.5.002 Purposes.
The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018; Sec. 1, Ordinance No. 04-10, adopted March 9, 2010)
2.5.004 Definition.
As used in this chapter: "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.006 Disaster Council Membership.
The Oakley Disaster Council is hereby created and shall consist of the following:
a. The Mayor, who shall be Chairperson.
b. The Director of Emergency Services, who shall be Vice-Chairperson.
c. The Assistant Director of Emergency Services.
d. Such Directors of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this section.
e. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.008 Disaster Council Powers and Duties.
It shall be the duty of the Oakley Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson or, in his/her absence from the City or inability to call such meeting, upon call of the Vice-Chairperson.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.010 Director and Assistant Director of Emergency Services.
a. There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
b. There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services at the same time as provided for the appointment of standby Council members as set forth in Section 2.5.018(a).
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.012 Powers and Duties of the Director and Assistant Director of Emergency Services.
a. The Director of Emergency Services is hereby empowered to:
1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
2) Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.
3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this section.
4) Direct cooperation between and coordination of services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them.
5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a state of war emergency, the Director is empowered to:
a) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
b) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
c) Require emergency services of any City officer or employee and in the event of the proclamation of a State of Emergency in the County in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
d) Requisition necessary personnel or material of any City department or agency; and
e) Execute all of the ordinary powers of City Manager, all of the special powers conferred upon him/her by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority.
b. The Emergency Operations Center Director shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be approved by the City Council.
c. The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018; Secs. 2, 3, Ordinance No. 04-10, adopted March 9, 2010)
2.5.014 Emergency Organization.
All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.5.012(a)(6), be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Oakley.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.016 Emergency Plan.
The Oakley Disaster Council shall be responsible for the development of the City of Oakley Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.018 Standby City Council Members.
Standby members of the City Council are hereby authorized pursuant to the provisions of California Government Code Sections 8635 through 8644.
a. Each Council member shall nominate one standby member. Standby members must have prior experience having served on an agency board, commission or council. Consideration shall be given to places of residence and work, so that the greatest probability of survivorship or availability shall exist. With City Council consensus, the nominees shall then be appointed as standby Council members. Following the initial appointment of standby Council members, standby members shall be appointed at the first regular Council meeting following the swearing-in of newly elected or appointed members.
b. A standby Council member shall confirm his or her acceptance of the appointment by taking the oath of office set forth in Article XX, Section 3, of the Constitution of the State of California at the time of appointment set forth in subsection (a) of this section.
c. Standby Council members must be informed of the duties of a Council member, be provided a copy of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code, keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of war emergency, a state of emergency or a declared local emergency, and fill the position when the Council member is unavailable during a state of war emergency, a state of emergency or a declared local emergency.
d. Standby Council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council member’s office absent a declared emergency shall not activate the standby member. The standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. Standby Council members shall serve at the pleasure of the governing body appointing them, and may be removed and replaced at any time with or without cause.
e. Upon standby Council members becoming activated, the City Council shall, if necessary, determine offices. In the event that both the Mayor and Vice Mayor shall be unavailable, then the remaining regular members of the Council shall determine the Temporary Presiding Officer. No standby Council member shall become Mayor or Temporary Presiding Officer if any of the regular Council members are available to fill such position, although the standby member shall continue to serve as a member of the governing body until the termination of the emergency, until the regular member becomes available, or until the regular member is replaced pursuant to provisions of State law.
f. The functions and duties of standby members shall be as described in California Government Code Section 8641 and successor legislation.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.020 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Oakley. This section modifies the City’s normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City will able to acquire the goods and services required to address an immediate threat to life, public health or safety, or to eliminate/reduce an immediate threat of significant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and State purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City procurements comply with Federal regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200).
a. A proclaimed disaster or emergency exists if the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or the City Manager of the City has declared an emergency in the City;
b. "Exigent circumstances" are situations in which a disaster or emergency has been proclaimed, and the public exigency for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018. Formerly 2.5.018)
2.5.022 Delegations of Purchasing Authority in Exigent Circumstances.
If the City Manager determines that goods and services must be procured before the City Council or its designee(s) is able to assemble and approve purchases, the City Manager has authority, subject to the limitations set forth in subsections (a) and (b) of this section, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
a. Limits of Single Purchasing Authority. The City Manager shall have the authority to make individual purchases up to $150,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $150,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another Council member.
b. Limits of Aggregate Purchasing Authority. The City Manager shall have the authority to make aggregate purchases up to $150,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $150,000 up to a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another Council member.
c. Purchases made during a proclaimed emergency or disaster may be taken from the reserve balance of the General Fund to the extent they exceed previously budgeted items.
d. The Emergency Operations Center Director shall be a designee of the City Manager at any time the City Manager is not available to approve purchases as allowed in this section.
e. If neither the City Manager nor the Emergency Operations Center Director is available, the Police Chief, and/or Police Department Watch Commander, have authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary for his or her department to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures, up to a maximum of $75,000.
f. Administrative Procedures.
1) As soon as possible after purchases are made under this section, the City Manager, Emergency Operations Center Director, or department head shall submit to the Finance Director a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated.
2) The Finance Director will inform the City Manager and the City Council or its designee(s) of any individual purchase under this section with a contract amount greater than $75,000, and whenever the aggregate of purchases under this section is greater than $150,000.
3) The Finance Director will obtain the City Manager’s (or Emergency Operations Center Director as the City Manager’s designee) approval prior to any purchase by a department head if the amount is $75,000 or more.
4) If the City Manager/Emergency Operations Center Director is unavailable, and the delay in getting his/her signature would imperil life, safety or improved property, the Police Chief, and/or Police Department Watch Commander, or his/her designee may approve the emergency purchase of $75,000 or more.
5) The Finance Director shall have the authority to approve all disaster related purchases under $150,000.
6) The Finance Director will expedite the verification of funds available and complete the preparation of the purchase order.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.024 Procurement Procedures in Exigent Circumstances.
Upon receipt of requisitions under Section 2.5.022, the Finance Director shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section.
a. Exempt Purchases. Purchases below $25,000 shall not be required to be formally bid. Purchases greater than $25,000 may be made following the procedures specified in this section. The signature(s) of the City Manager, Finance Director and/or department head are still required as provided in Section 2.5.022.
b. Justification of Sole Source or No-Bid Contracts. Where exigent circumstances require immediate procurement from the nearest available source:
1) The Finance Director shall use the "Justification Form for Emergency Sole Source or No-Bid Purchase."
2) Procurement should be limited to that portion of the work that must be performed immediately, allowing subsequent procurement by competitive proposals of the remainder of the work.
3) "Sole source" or "no-bid" acquisitions shall be necessary for one of the following reasons: placement of emergency protective measures, procurement of a scarce commodities, goods, or services or acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements.
c. Provision for Alternate Bid Solicitation Procedures. The City’s normal requirements for sealed bids shall not apply to acquisitions under Section 2.5.022. However, the Finance Director shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances.
d. Locations of Postings for Requests for Proposals or Solicitation of Bids. The Finance Director may waive normal requirements for public posting of requests for proposals or solicitation of bids. Notices soliciting bids or requests for proposals shall be posted at the Emergency Operations Center or Alternate Emergency Operations Center, if the Primary Emergency Operations Center is not being used.
e. Length of Time for Posting Requests for Proposals or Solicitation of Bids. The Finance Director may shorten the normal bid period from ten (10) days to expedite the award of contracts for emergency equipment, goods, or services. The Finance Director should seek to assure that the shortened bid period allows multiple suppliers to submit bids.
f. Number of Bids Required. Solicited bids that are nonresponsive shall count towards the minimum numbers of bids required when there is a declared emergency or disaster in the jurisdiction. All such no-bids must be documented as to time, date and person or company contacted, with a reason for the no-bid, if possible.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.026 Notification and Ratification.
a. Posting of Contract Awards. Under this section, all contracts awarded that exceed $150,000 shall be presented to the City Council for ratification and thereafter, shall be publicly posted within sixty (60) days of the award.
b. Authority to Cancel Emergency Procurements. As a provision of this chapter, the City has the absolute authority to rescind a contract for nonperformance within twenty-four (24) hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
c. Notification Requirement for Emergency Purchases. For any purchase in excess of $150,000, the City Manager shall report all such purchases to the City Council within thirty (30) days of the onset of the disaster.
d. Requirement for Separate Invoicing. All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non-disaster related) purchases. All invoices shall state the goods, services or equipment provided and shall specify where the goods or services were delivered. All invoices shall specify the locations where the goods or services were used if at all possible.
e. Auditing of Invoices for Debris Clearance Prior to Payment. All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor. Vendors shall be notified of this requirement prior to the awarding of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
f. Limitations of Disaster Purchasing Policy. For the purposes of this section, an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures and a local emergency or disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures shall follow the City’s regular purchasing provisions.
Notwithstanding the terms of this policy, nothing contained herein shall conflict with Federal procurement regulations as currently defined in 2 CFR Part 200.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018)
2.5.028 Punishment of Violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
a. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him/her by virtue of this section.
b. Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to be given or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof.
c. Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the State.
(Sec. 1, Ordinance No. 04-18, adopted March 27, 2018; Sec. 4, Ordinance No. 04-10, adopted March 9, 2010. Formerly 2.5.020)