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HomeMy WebLinkAbout06 BLDG ASSESS AG 03-15-99DATE: MARCH 15, 1999 Inter-Com .NO. 6 3-15-99 TO: ' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID AGREEMENT II SUMMARY Appr°gal °f the Building Damage Safety AsseSSment Mutual Aid Agreement Will II iprovide the-~city With the ability tO reCeive or Provide bUiiding inspection reSOurces with member ll lagencies during decla;ed emergencies! ~ II RECOMMENDATION That the City Council authorize the Mayor and City Clerk to execute the Building Damage Safety Assessment Mutual Aid Agreement with the County of Orange and other participating cities. FISCAL IMPACT There are no direct costs associated with participation in the mutual aid agreement. If the City requests mutual aid, the City will bear the costs of resources provided unless those costs are reimbursed by the state or federal government. If another/i~articipating jurisdiction requests assistance, that jurisdiction, will bear the costs of the resources provided. BACKGROUND AND DISCUSSION The Orange Empire Chapter of the International Conference of Building Officials and the County of Orange have created a standard mutual aid agreement for building damage safety assessment of buildings. The mutual aid agreement is intended to facilitate a prompt and adequate building safety inspection response to declared emergencies that may occur within Orange County: This mutual aid agreement is similar to existing agreements for fire, police, and public works emergencies. The detailed components of the Mutual Aid Agreement are included as Exhibit 1. major provisions and benefits of the agreement are identified as follows. The City Council Report Building Inspection Mutual Aid March 15, 1999 Page 2 MAJOR PROVISIONS · Mutual aid provided among jurisdictions is voluntary. · The jurisdiction requesting mutual aid is responsible for the resources provided including risk management, direct, indirect, administrative and contracted costs. · Regardless of the jurisdiction receiving mutual aid, standardized training and procedures for performing inspections and documenting results will be used. · The mutual aid agreement continues until terminated. Any participating jurisdiction may withdraw without penalty. MAJOR BENEFITS · In the event of an incident, the City may receive assistance in protecting occupants from unsafe and damaged buildings. · In an event where there is structural damage to buildings, the City may receive assistance in identifying safe structures so that residents may return to their homes and so that business activities may continue. · If needed, the agreement will provide staffing to the City for compiling damage assessments for an accurate declaration of disaster magnitude. · Provisions of the agreement will facilitate the City in receiving aid from state and federal sources. The County Board of Supervisors adopted Resolution No. 96-652 (Exhibit 2) at their September 10, 1996 meeting. The Board of Supervisors' action affirms the County's commitment to the program and requests the participation of the cities within the county. Elizabeth A. Binsack Community Development Director. Attachments: Building Inspection Mutual Aid Agreement 20 2! 23 24 AGREEMENT FOR PROVIDING OR RECEIVING MUTUAL AID FOR BUILDING DAMAGE SAFETY ASSESSMENT INSPECTIONS WITHIN ORANGE COUNTY This AGREEMENT entered into this 15th day of March 1999 is made and entered into by those parties who have adopted and signed this agreement. WITNESSETH WHEREAS, City wishes to participate in a mutual aid program for building damage safety assessment inspections within Orange County; and WHEREAS, County is the lead agency for emergency response to major emergencies within the Orange County operational area; WHEREAS, the Califomia Office of Emergency Services, Counties and Cities, and the California Building Officials have 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 WHEREAS, 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 whenever emergency personnel, equipment and assistance is provided from one party's Building Department to the other; and WHEREAS, no party should be in a position of depleting its own resources, facilities, or services providing such mutual aid; and WHEREAS, the City of Tustin desires to participate in the Building Damage Safety Assessment Mutual Aid Program for the general health, safety and welfare of the citizens of Tustin; WHEREAS, 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, it is mutually agreed as follows: 1. For this Agreement, the following terms shall mean the following: 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 Emergency" 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 county, city, or city and county. A Local Emergency 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. A Local Emergency may be caused by the Govemor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions. Excepted are conditions resulting from a labor controversy, and conditions which are or are likely to be beyond the 14 20 24 25 26 2? 28 , . , , Mutual Aid Agreement fo,/:3uilding Damage Safety Assessment Page 2 , , 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) C, "Operational Area" shall mean an intermediate level of the state emergency services organization, consisting of a county and all pOlitical subdivisions within the county area. d, "Mutual Aid" shall mean a stateWide system that was designed to ensure that adequate resources, facilities, and other support are provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation. Coordinators designated by each party shall be 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. When a request for assistance is received, the assisting Coordinator shall provide personnel, equipment and/or facilities as can be provided without jeopardizing the safe!y, of persons or property within assisting Coordinator's jurisdiction. No party' rece~wng a request for assistance shall be under obligation to provide assistance or incur liability for not complying with the request for Mutual Aid. When the assisting Coordinator's personnel, equipment, and/or facilities are no longer required or when resources are required within the assisting Coordinator's 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 occurrence and shall provide control and direction to the resources provided by the assisting party. The requesting party may request the assisting 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 arrangement for housing and feeding, assisting personnel, fueling of equipment, and servicing and repairing of equipment lent by the assisting party. The assisting party's personnel shall not be deemed employees of requesting party. The requesting party agrees to pay all direct, indirect, administrative and contracted costs incurred by assisting party as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting ]0 20 2.4 Mutual Aid Agreement fo~ ~uilding Damage Safety Assessn,~]t Page 3 . o 10. 11. 12,' 13. 14. 15. 16. 17. 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. 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(s) 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 guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to other party's records for these purposes. The provisions of Applied Technology Council (ATC) "PROCEDURES FOR POSTEARTHQUAKE SAFETY BUILDINGS" shall be used to provide postearthquake procedures of damaged structures. Document ATC-20 EVALUATION OF safety assessment The Agreement shall take effect upon execution and shall remain in effect until terminated. 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. 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. 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. This Agreement in no way acts to abrogate or waive immunities available under the Tort Claims Act. 17 20 2! 22 23 24 28 Mutual Aid Agreement for c~uilding Damage Safety Assessment Page 4 18. The County of Orange shall act as the Operational Area Agreement Coordinator of this program for the purpose of: a. Maintaining a cUrrent list of signatory parties and representatives; bo C. Circulating annually a list of all parties and Representatives to all signatory parties; Arranging for amendments to the Agreement as-may be necessary, subject to approval by the Tustin City Council; d. Coordinating exercises of the Agreement. 19. All signatory parties understand 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 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its Mayor and attested by its Clerk; COUNTY has caused this Agreement to be executed by the Chairman of the Board of Supervisors and certified by Clerk of the Board, all having been duly authorized by. the City Council of City and the Orange County Board of Supervisors. CITY OF TUSTIN THOMAS R. SALTARELLI Mayor DATED: ATTEST: PAMELA STOKER City Clerk DATED: l0 ]2 t3 14 ]6 ]7 ]8 20 2! 2?- 23 24 25 26 27 28 29 Mutual Aid Agreement foruuilding Damage Safety Assessmu,~[ Page 5 APPROVED AS TO FORM: CITY ATTORNEY. BY: DATED: COUNTY OF ORANGE BY: CHAIRMAN OF THE BOARD OF SUPERVISORS DATED: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: · · ,. BY: DARLENE J. BLOOM CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA DATED: APPROVED AS TO FORM: COUNTY COUNSEL BY: DATED: