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HomeMy WebLinkAbout11 BLDG DAMAGE ASSESS 11-18-96 NO. 11 11-18-96 / Inter-Corn DATE' NOVEMBER 18, 1996 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID AGREEM]ENT IAgreementwillprovide thel City With the ability to receive or provide lbUilding :: ~ l inspec~On resOurces ~rihg declared emergehbiesi::' RECOMMENDATION That the City Council authorize the Mayor and City Clerk to execute a Building Damage Safety Assessment Mutual Aid Agreement with the County of Orange and other participating cities. 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. The major provisions and benefits of the agreement are identified below. 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. City Council RePort Building Inspection Mutual Aid November 18, 1996 Page 2 · 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 at anytime without penalty. MAJOR BENEFITS · In the event of an incident, the City may receive assistance in protecting occupants fi-om 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 fi-om 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. 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 participating jurisdiction requests assistance, that jurisdiction will bear the costs of the resources provided. Elizabeth A. Binsack Community Development Director Rick A. Brown Building Official Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Building Inspection Mutual Aid Agreement Resolution 96-652 County of Orange/Mutual Aid Letter fi-om County Board of Supervisors 9/30/96 Letter fi-om Orange County Building Officials 8/13/96 EXHIBIT 1 28 1 AGREEMENT FOR PROVIDING OR RECEIVING MUTUAL AID FOR BUILDING DAMAGE SAFETY ASSESSMENT INSPECTIONS WITHIN ORANGE COUNTY 2 This AGREEMENT entered into this 18th day of November 1996 is 3 made and entered into by those parties who have adopted and signed this agreement. 4 WITNESSETH WHEREAS, City wishes to participate in a mutual aid program 6 for building damage safety assessment inspections within Orange County; and 7 WHEREAS, County is the lead agency for emergency response to 8 major emergencies within the Orange County operational area; 9 WHEREAS, the California Office of Emergency Services, Counties and Cities, and the California Building Officials have a mutual !0 interest in the establishment of a plan to facilitate and encourage building damage assessment mutual aid agreements among political 11 subdivisions throughout California; and 12 WHEREAS, the parties hereto have d~termined that it would be in their best interests to enter into an agreement that implements 13 that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment and assistance is 14 provided from one party's Building Department to the other; and 15 WHEREAS, no party should be in a position of depleting its own resources, facilities, or services providing such mutual aid; and 16 · WHEREAS, the City of Tustin desires to participate in the 17 Building Damage Safety Assessment Mutual .Aid Program for the general health, safety and welfare of the citizens of Tustin; 18 WHEREAS, such an agreement is in accordance with the 19 California Emergency SerVices Act set forth in Title 2, Division !, .Chapter 7 (Section 8550 et seq.) of the Government Code and 20. specifically with Article 14 (Section 8630 et seq.) of the Act. 21 NOW, THEREFORE, it is mutually agreed as follows: 22 1. For this Agreement, the following terms shall mean the following: 23 a. "Building Safety Assessment Coordinator (Coordinator)" 24 shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual 25 aid, to include but not be limited to requests, responses, and reimbursement. 26 b. "Local Emergency" shall mean the duly proclaimed 27 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. . 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . . o . 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 Governor'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 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 o "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 safety of persons or property within assisting Coordinator's jurisdiction. No party receiving 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. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 , , o 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 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. 10. The provisions of Applied Technology Council (ATC) Document ATC-20 "PROCEDURES FOR POSTEARTHQUAKE SAFETY EVALUATION OF BUILDINGS" shall be used to -provide postearthquake safety assessment procedures of damaged structures. 11. The Agreement shall take effect upon execution and shall remain in effect until terminated. 12. Any party may withdraw from this Agreement without cause upon delivery of written notice to the Operational Area Agreement Coordinator designated in Paragraph 18 hereinafter. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 13. 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. 14. 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. 15. 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. 16. 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. This Agreement in no way acts to abrogate or waive immunities available under the Tort Claims Act. 18. The County of Orange shall act as the Operational Area Agreement Coordinator of this program for the purpose of: a . b o Maintaining a current list of signatory parties and representatives; 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. Ail 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 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 TRACY WILLS WORLEY Mayor DATED: ATTEST: PAMELA STOKER City Clerk APPROVED AS TO FORM: CITY ATTORNEY DATED: BY: DATED: COUNTY OF ORANGE BY: DATED: CHAIRMAN OF THE BOARD OF SUPERVISORS 1 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED 2 TO THE CHAIRMAN OF THE BOARD: 3 4 BY: 6 7 APPROVED AS TO FORM: COUNTY COUNSEL 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BY: KATHLEEN E. GOODNO ACTING CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA DEPUTY DATED: DATED: EXHIBIT 2 i0 11 i2 !3 14 I8 19 2O 22 23 24 z 25 ~_ 26 o - 27 2s 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 · 10 I1 18 19 2O 21 22 24 ~ 25 ~ 26 ; 27 NOW, T~EREFORE, BE IT RESOLVED that this Board does recognize the need for a mutual aid agreement for the purpose of d~amaged building assessment in the aftermath of an earthquake or other major disaster; BE IT FURTHER RESOLVED that the Board, in the interest of the citizens of Orange County, does encourage all jurisdictions to participate in a mutual aid agreement for the purpose of damaged building assessment following an earthquake or other major disaster. // // // · · .0 l0 11 12 13 14 !8 19 .2O 2! 23 24 z 25 ~ 26 , - 27 Chairman/of the Board of Supervisors SIGNED ~kND CERTIFIED T~T A COPY 4:1 OF THIS DOCUMENT HAS BEEN DELIVERED · TO THE CEAIRMAN OF THE BOARD 5 DARLENE J. BLOOM 7 Clerk of the Board of Supervisors of Orange County, California AYES: SUPERVISORS MARIAN BERGESON, ROGER R. STANTON, JAMES W. SILVA, DONALD J. SALTARELLI, AND WILLIAM G. STEINER NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) 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 10th 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 10th " day of September, 1996. DARLENE J. ~LOOM Clerk of the Board of Supervisors of Orange County, California · September 30, 1996 SUPERVISOR, FIRST DISTRICT ROGER R. ST_&NTON- CHAIRMAN Of THE BOARD Ol:' SUPERVISORS ORANGE COUNTY HALL OF ADMINISTRATION I0 CIVIC CENTER PLAZa, SANTA aNA, CAlIFORNIa 92701-406i PHONE 834-3110 {arEA CODE 7i4} EXHIBIT 3 TO: crrY MANAGERS 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 dties. 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, Attachment FOUNTAIN VALLEY ~ C-,-,-,-,-,-,-,-,-~EN GROVE -- ~ CITY-- SANTA ANA ~ TUSTIN -- WESTMINSTER EMP,IRE I.C.B.O. ORANC, EMPIRE CHAP I r:R INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS P.O. Box 1911 Santa Aha, CA 92701 August 13, 1996 EXHIBIT 4 M~. Ronald J.'Nove!lo Orange County Building Official Building and Development Services Environmental Management Agency P.O. Box 4048 Santa Aha, CA 92702-4048 Dear Ron, Thank you for your leadership in establishing the Orange County Building Official Disaster Preparedness Coordinating Team. We have already developed a telephone network to .cfuickly communicate and respond to emergencies requiring building damage assessment. Building Officials and their sZaffs have critical roles in emergencies that create substantial property damage, in many situations, building usage is terminated until buildings are inspected and assessed safe. The prompt compilation of damage extent is a critical factor in the declaration of t~e ma_crnitude and scope of a disaster. This, in turn, can determine the amount of state and federal assistance. - We also appreciate County's initiative and support in developing our Mutual Aid Agreement. This agreement enables prompt dispatch of resources without delays to pass emergency local legislation. Our I.C.B.O. Chapter will work with Orange County city gove_--nments to get this mutual aid agreement approved. Sincerely, Linda S. Haines, C.B.O. President Orange Empire Chapter I.C.B.O.