HomeMy WebLinkAboutMUTUAL AID AGREEMENT/OPERATIONAL AREA BUILDING DAMAGE SAFETY ASSESSMENT - 1996-12-1641
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved 0 Denied City Clerk's Si Lure
Council Meeting Date: 116197 1 Department ID Number: CD-60
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T UBERUAGA, City Administra r
PREPARED BY: MELANIE S. FALLON, Director of Community Development
SUBJECT: ORANGE COUNTY BUILDING DAMAGE SAFETY ASSESSMENT
MUTUAL AID AGREEMENT
Statement of Issue, funding Source, Recommended Action. Attemative Action(s), Anatysis, Environrnentaf Sta achment(sl
Statement of Issue:
In the event of a major earthquake or other disaster, city and county government will need
the cooperative efforts of engineers and inspectors to inspect the integrity and safety of
residential and commercial buildings throughout Orange County_ The Orange Empire
Chapter of the International Conference of Building Officials, developed a mutual aid
agreement to support building damage assessment emergency operations. The County
Board of Supervisors approved in concept this mutual aid agreement on September 10,
1996, subject approval by participating cities_ The agreement is similar to agreements for
public works emergencies.
Funding Source: NIA
Recommended Action: Staff Recommendation:
Motion to: "Approve and authorize the Mayor to execute the agreement with the County
and participating cities -to provide emergency assistance for building damage safety
assessment_"
Alternative Action(s):
The City Council may make the following motion "Deny the execution of the agreement
to provide emergency assistance for building damage safety assessment.' ��
REQUEST FOR COUNCIL ACTION
MEETING DATE: DEPARTMENT ID NUMBER: CD-60
Analysis:
When the next earthquake or other disaster occurs in Orange County there will be a need
for the County and cities to cooperate with each other by providing emergency assistance.
In this type of disaster the damaged structures need to be identified by building engineers
and inspectors. In order to provide for a logical process the Orange Empire Chapter of the
International Conference of Building Officials, established a Building Official Disaster
Preparedness Coordinating Team and drafted a mutual aid agreement. At the suggestion of
the chapter and city building officials, the Board of Supervisors approved in concept this
mutual aid agreement on September 10, 1996, subject to approval by participating cities.
The agreement is similar to agreements for public works emergencies and typifies actions
necessary in an earthquake or other disaster that cause widespread building damage
The agreement does not mandate aid but only provides for voluntary assistance that does
not deplete the on going city functions_ The agreement also provides for how the resources
are to be managed by the requesting agency_ The goal of the agreement to help assure that
adequate help will be available to protect the health and safety of the public and help the
jurisdiction restore the affected economic activity.
Environmental Status:
None
Attachment(s):
1 Building Damage Safety Assessment Mutual Aid Agreement
2 Letter request to adopt agreement from Roger Stanton
3 Board of Supervisors Resolution to encourage all Orange County
Cities to adopt the mutual aid agreement.
C1396-60.130C -2- 12/02/96 3:22 PM
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 10, 1996
On motion of Supervisor Bergeson, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, in the aftermath of an earthquake or other major
disaster, it may become necessary for jurisdictions within Orange
County and the State of California to provide assistance to one
another; and
WHEREAS, the California Office of Emergency Services, Counties,
Cities and the California Building Officials have expressed a mutual
interest in the establishment of a plan to facilitate and encourage
damaged building assessment through mutual aid agreements among
political subdivisions within California; and
WHEREAS, jurisdictions within Orange County, in the interest of
their citizens, may enter into a mutual aid agreement that implements
a plan and sets forth procedures and responsibilities for emergency
personnel, equipment and assistance; and
WHEREAS, the Orange County Building Official, acting as the
regional coordinator under the direction of the California Office of
Emergency Services, will coordinate efforts to develop and implement a
mutual aid agreement for damaged building assessment within Orange
County;
Resolution No. 96-652
Mutual Aid Agreement for
Building Damage Safety Assessment
BPD:ep
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NOW, THEREFORE, BE IT RESOLVED that this Board does recognize the
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need for a mutual aid agreement for the purpose of damaged building
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assessment in the aftermath of an earthquake or other major disaster,
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BE IT FURTHER RESOLVED that the Board, in the interest of the
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citizens of Orange County, does encourage all jurisdictions to
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participate in a mutual aid agreement for the purpose of damaged
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building assessment following an earthquake or other major disaster.
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Chairnxan,.-of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
AYES: SUPERVISORS MARIAM BERGESON, ROGER R. STANTON, JAMES W. SILVA,
DONALD J. SALTARELLI, AND WILLIAM G. STEINER
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
] ss.
COUNTY OF ORANGE )
I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange
County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on the 1Oth day of September, 1996, and
passed by a unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this loth
day of September, 1996.
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DARLENE J. ROOM
Clerk of the Board of Supervisors
of Orange County, California
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CITY OF HUNT'INGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 10, 1997
Ronald J. Novelio
County Building Official
Office of the Director of Building and Development Services
Orange County Environmental Management Agency
300 N_ Flower St., P. O. Box 4048
Santa Ana, CA 92702-4048
Dear Mr. Novello:
CALIFORNIA 92648
Enclosed is a duly executed copy of the Orange County Operational Area Building Damage
Safety Assessment Mutual Aid Agreement between the City of Huntington Beach and the
County of Orange. This agreement was approved by the City Council on December 16, 1996_
I have retained a copy for the City Clerk's vault copy. I would appreciate receiving a reply from
your office acknowledging that the County has received this original agreement.
Please call me at 536-5404 if there are any additional steps needed to be taken by the City_
Sincerely yours,
Connie Brockway
City Clerk
cc- Melanie Fallon, Community Development Director
Encl- Orange County Operational Area Building Damage Safety Assessment Mutual Aid
Agreement
Copy of letter to City Managers from Roger Stanton dated September 30, 1996
regarding Mutual Aid Agreement for Building Damage Safety Assessment
cb,nemos.�c;g
(Tcicphore 714 536 5227)
THE ORANGE COUNTY OPERATIONAL AREA
BUILDING DAMAGE SAFETY ASSFSSMFNT
MUTUAL AII) AGREEMENT
This Mutual Aid Agreement ("Agreement") is made and entered into by those parties
who have adopted and signed this Agreement.
WHEREAS, the California Office of Emergency Services, Counties and Cities, and the
California Building Officials have expressed a mutual interest in the establishment of a plan to
facilitate and encourage building damage assessment mutual aid agreements among political
subdivisions throughout California, and
The parties hereto have determined that it would be in their best interests to enter into an
agreement that implements that plan and sets forth procedures and the responsibilities of the
parties %+!henever emergency personnel, equipment and assistance is provided from one party's
Building Department to the other; and
No party should be in a position of depleting unreasonably its own resources, facilities or
services providing such mutual aid; and
Such an agreement is in accordance with the California Emergency Services Act set forth
in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically
with Article 14 (Section 8630 et seq.) of the Act,
NOW, THEREFORE, IN CONSIDERAnON OF THE CONDITIONS AND
COVENANTS CONTAINED IIEIZEIN, THE PARTIES AGREE AS FOLLOWS:
For this Agreement, the following terms shall be ascribed the following meanings:
a. "Building Safety Assessment Coordinator (Coordinator)" shall mean the person
designated by each party to act on behalf of that party on all matters relative to
mutual aid, to include but not be limited to requests, responses, and
reimbursement.
b. "Local l;niergency" shall mean the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the
territorial limits of -a country, city, or city and country. This may be caused by
conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, sudden
and severe energy shortage, plant or animal infestation or disease. This may be
caused the Governor's warning of an earthquake or volcanic prediction, or an
earthquake, or other conditions. Excepted are conditions resulting from a labor
a s-PCD ;agree Bldgdam
RLS 96-779
1111811,46
0
controversy, and conditions which are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of that political subdivision and
require the combined forces of other political subdivisions to combat, or with
respect to regulated energy utilities, a sudden and severe energy shortage which
requires extraordinary measures beyond the authority vested in the California
Public Utilities Commission. (ref. State Gov. Code 8558(c))
"Operational Area" shall mean an intermediate level of the state emergency
services organizations, consisting of a county and all political subdivisions within
the county area.
Coordinators designated by each party shall t,e designated by Title, Name, Address and
Phone Number, and if said Building Safety Assessment Coordinator changes, the other parties of
the Agreement shall be notified in writing as soon as practical after the appointment has been
made through the Operational Area Agreement Coordinator designated in Paragraph 18
hereinafter.
When a Local Emergency has been proclaimed by party's governing body or authorized
official, the Coordinator may request assistance.
UOYMON OILRE-SOU-'tCES
When a request for assistance is received, the assisting Coordinator shall be advised of
the number and type of :Mutual Aid personnel, equipment and facilities required. The assisting
Coordinator shall provide whatever personnel, equipment, and/or facilities as can be provided
% ithout jeopardizing the safety of persons or property within their jurisdiction. No party
receiving a request for assistance shall be under obligation to provide assistance or incur any
liability for not complying with the request for Mutual Aid.
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When the assisting Coordinator's personnel, equipment, and/or facilities are no longer
required or when assisting Coordinator advises that the resources are required within their own
jurisdiction, the requesting Coordinator shall immediately arrange for the return of those
resources.
The requesting party shall be responsible for the safekeeping of the resources provided by
the assisting party. The requesting Coordinator shall remain in charge of the incident or
3 s PCD Avrcc Bldgdam
RLS 96-779
1 1: 18106
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occurrence and shall provide control and direction to the resources provided by the assisting
party.
The requesting party may request the lending party to provide supervisory personnel to
take direct charge of the resources, but to do so under the general direction of the requesting
Coordinator. If requested by the assisting Coordinator, the requesting Coordinator shall make
arrangements for housing and feeding, assisting personnel, fueling of equipment, and servicing
and repairing of equipment lent by the assisting party. Assisting party's personnel shall not be
deemed employees of requesting party and vice versa.
7. PAYMENT
The requesting party agrees to pay all direct, indirect, administrative and contracted costs
of assisting party incurred as a result of providing assistance pursuant to this Agreement, based
upon standard rates applicable to assisting party's internal operations. Payment shall be made
within ninety (90) days after receipt of a detailed invoice. Requesting party shall not assume any
liability for the direct payment of any salary or wages to any officer or employee of assisting
party.
•• :u
The requesting party shall hold harmless, indemnify, and defend the assisting party, its
officers, agents, and employees against all liability, claims, losses, demands, or actions are
claimed to be due to the acts or omissions of the requesting party, its officers, agents or
employees, or employees of the assisting party working under the direction and control of the
requesting party when the act or omission of such assisting party employee occurs or is alleged to
occur within the scope of employment under the direction and control of the requesting party.
When mutual aid is provided, the requesting and assisting agencies, will keep account
records of the personnel, equipment, and materials provided as required by Federal and State
(NDAA) and FEMA guideline to maximize the possibility of Federal and State disaster
reimbursement. Each Party shall have access to other party's records for this purpose.
isilyti. New IN MI MEMO IMIUM MEN
The provisions of Applied Technology Council (ATC) Document ATC-20
"PROCEDURES FOR POSTEARTHQUAKE SAFETY EVALUATION 01: BUILDINGS"
shall be used to provide postearthquake safety assessment procedures of damaged structures.
.s;s VCD Agra: alardar„
RLS 96-179
1 III896
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The Agreement shall take effect immediately upon its execution and shall remain in
effect until terminated.
12. WITHDRAWAL
Any party may withdraw from this Agreement without cause upon delivery of sixty (60)
days prior written notice to the Operational Area Agreement Coordinator designated in
Paragraph 18 hereinafter.
To the extent that they are inconsistent with this Agreement all prior agreements for
building damage safety assessment mutual aid among the parties hereto are superseded.
�i1JXlli►Ys'l:�aL�I�l�b��`]
Requests for mutual aid assistance under this Agreement, when more than one California
county is impacted by a disaster, should be channeled through the State mandated Operational
Area Emergency Operations Center to ensure maximum State and FEMA cost recovery
eligibility and effectiveness in obtaining and allocating resources.
C ti :i i t H
Requests for building damage safety assessment mutual aid from outside of the
Operational Area shall be channeled through the existing State Office of Emergency Services
system in cooperation with the California Building Officials and coordinated by the County
Building Official.
Any controversy or claim arising out of, or relating to, this Agreement, or the
reach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof.
17. 1 M \MN 11-Y
This Agreement in no xvay acts to abrogate or waive any immunity available under the
Tort Claims Act.
4
4A, PC'D Agree 13109dam
RLS 96-719
The County of Orange shall act as the Operational Area Agreement Coordinator of this
program for the purpose of.
Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties and representatives.
Circulating annually a list of all parties and representatives to all signatory parties.
d. Arranging for amendments to the Agreement as may be necessary.
Coordinating exercises of the Agreement.
' ' ' t
All signatory parties agree that any other qualified public agency or quasi public agency
may become a party to this Agreement by executing a duplicate copy of this Agreement and
sending same to the Operational Area Agreement Coordinator at the following address:
Office of the Director of Building & Development Services
Orange County Environmental Management Agency
300 N. Flower St., P.O. Box 4048
Santa Ana, CA 92702-4048
PASSED AND ADOPTED by the City Counci f the City of I iuntington Beach at a
regular meeting thereof held on the QLO_!� day of , 1996.
ATTEST:
r`
City Clerk
REVIEVI! -D AND APPROVED:
ltv Administrator
4.4 PCD AErcc Bldgdam
RI.S 96-779
1 l!l8!96
Mayor
APPROVED AS TO FORM:
%ty • ttomey �t R u� I: f 1 b
it-1"i
INITIATED AND APPROVED:
`Y
Director of Com unity Development
�Y
SUPERVISOR, FIRST Oi5TRiC:T
ROGER R. STANTON.
;.
CHAIRMAN OF THE BOARD OF SUPERVISORS OCT
ORANGE COUNTY HALL OF ADMINISTRATION 1�=.. OC 1 Lam' 19%
rO CIVIC CENTER PLAZA, SANTA ANA. CALIFORNIA 92701-4064
PH�}[iEW4o{ (#4Ef� C2 q. Cl e l
fti ifl,iiZsi f Aiiv�
September 30, 1996
OCT 15 I9S6
TO: CITY MANAGERS :.r: �r..
SUBJECT: MUTUAL AID AGREEMENT FOR BUILDING DAMAGE SAFETY ASSESSMENT
In the event of a major earthquake or other disaster resulting in building damage, city and county
government will need the cooperative efforts of building engineers and inspectors to assess the
structural integrity and safety of hundreds of thousands of residential and commercial buildings
throughout Orange County.
Over the last few months, the Orange Empire Chapter of the international Conference of
Building Officials established a Building Official Disaster Preparedness Coordinating Team and
mutual aid agreement to support building damage assessment emergency operations. At the
suggestion of the chapter and city building officials, the Board of Supervisors approved in
concept this mutual aid agreement on September 10, 1996, subject to approval -by participating
cities. The agreement is similar to agreements for public works emergencies and typifies actions
necessary in an earthquake or other disaster causing widespread building damage.
Major provisions of the agreement include:
1. Assistance furnished is voluntary.
2. Requesting party is responsible for resources provided; risk management; and all direct,
indirect, administrative and contracted costs.
3 Standardized procedures and training of staff.
4. Agreement continues until terminated.
In the event of a major disaster, the important benefits of prompt building damage assessment are.-
1. Protecting occupants from unsafe and damaged buildings.
2. Identifying safe structures and thereby restoring economic activity.
3. Compiling damage assessments for an accurate declaration of the disaster magnitude.
4. Facilitating aid from state and federal sources.
Mr. Novello is working closely with the Orange Empire Chapter and local building officials and
has their support and encouragement. (See enclosed letter).
Please participate in this cooperative effort and request your city councils to approve the
attached agreement within the next sixty days. If you need additional information, please
contact Ronald J. Novello, County Building Official at 834-2664.
Sincerely,
Ro gerStanton, Chairman
Orange County Board of Supervisors
Attachment