HomeMy WebLinkAboutAGMT - Orange County Environmental Mgmt Agency (Mutual Aid for Bldg Damage Safety Assessment) �� . . • o
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2
3 RESOLUTION OF THE BOARD OF SUPERVISORS OF
4 ORANGE COUNTY, CALIFORNIA
5 September 10, 1996
6 On motion of Supervisor Bergeson, duly seconded and carried, the
71 following Resolution was adopted:
WHEREAS, in the aftermath of an earthquake or other major
9 disaster, it may become necessary for jurisdictions within Orange
10 County and the State of California to provide assistance to one
i1I another; and
12 WHEREAS, the California Office of Emergency Services, Counties,
131 Cities and the California Building Officials have expressed a mutual
1
14 interest in the establishment of a plan to facilitate and encourage
o" 151 damaged building assessment through mutual aid agreements among
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political subdivisions within California; and
3za
, 171 WHEREAS, jurisdictions within Orange County, in the interest of
uo
18 their citizens, may enter into a mutual aid agreement that implements
19 , a plan and sets forth procedures and responsibilities for emergency
20 . personnel, equipment and assistance; and
21 WHEREAS, the Orange County Building Official, acting as the
22 regional coordinator under the direction of the California Office of
231 Emergency Services, will coordinate efforts to develop and implement a
241 mutual aid agreement for damaged building assessment within Orange
25 County;
2 26 Resolution No. 96-652
Mutual Aid Agreement for
27 Building Damage Safety Assessment
BPD:ep - .
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1 NOW, THEREFORE, BE IT RESOLVED that this Board does recognize the
2 need for a mutual aid agreement for the purpose of damaged building
3 assessment in the aftermath of an earthquake or other major disaster;
41 BE IT FURTHER RESOLVED that the Board, in the interest of the
5 citizens of Orange County, does encourage all jurisdictions to
6 participate in a mutual aid agreement for the purpose of damaged
7 building assessment following an earthquake or other major disaster.
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R4%— CIPC:
2 Chairman/of the Board of Supervisors
3
, SIGNED AND CERTIFIED THAT A COPY
4 OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
5
6
DARLENE J. SEISM
7 Clerk of the Board of Supervisors
of Orange County, California
Si
AYES: SUPERVISORS MARIAN BERGESON, ROGER R. STANTON, JAMES W. SILVA,
9 DONALD J. SALTARELLI, AND WILLIAM G. STEINER
10 NOES: SUPERVISORS NONE
11 ABSENT: SUPERVISORS NONE
12
STATE OF CALIFORNIA )
13 ) ss .
COUNTY OF ORANGE
14
I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange
o. ; 15 '1
County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
5 ; 17
regular meeting thereof held on the 10th day of September, 1996, and
18
passed by a unanimous vote of said Board.
19
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th
20
day of September, 1996.
21
22
23 e' /, , . • ,
DARLENE J. hLOOM
24 Clerk of the Board of Supervisors
of Orange County, California
25
26
27 , •
I 28
3.
• • 'OF SEAL BEACH
SUPERVISOR, FIRST DISTRICT
` �_ III
`a ! y, <,, - 1''a ROGER R. STANTON OCT 71996
•,y 1PUy\l4 CHAIRMAN OF THE BOARD OF SUPERVISORS
%ice` `I k`
II1I11jO� y_-`' ORANGE COUNTY HALL OF ADMINISTRATION DEPART =
DEVELOPM
10 CIVIC CENTER PLAZA,SANTA ANA,CALIFORNIA 9E701-4061
PHONE 834-3110 (AREA CODE 714)
September 30, 1996
TO: CITY 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
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,
OP e
Rogd Stanton,Chairman
Oran:- County Board of Supervisors
Attachment
FOUNTAIN VALLEY-GARDEN GROVE-MIDWAVCRY-SANTA ANA-TUSTIN-WESTMINSTER
wUt,G cnMca
Ex? i VOnl n64114
CLERK OF THE BOARD
ORANGE COUNTY
TRH ORANGE COUNTY OPERATIONAL AREA
BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID 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
WHEREAS, the parties hereto have determined that it would be in
their best interests to enter into an agreement that implements that plan
and secs 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 unreasonably
its own resources, facilities, or services providing such mutual aid; and
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, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOW:
1. 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 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. 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
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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.
2. 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.
3 . When a Local Emergency has been proclaimed by party's governing body
or authorized official, the Coordinator may request assistance.
4. 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 without 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.
5. 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.
6 . 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 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. 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.
8. 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.
9. 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.
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 immediately upon its execution and
Yshall remain in effect until terminated.
12. 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.
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
eligibility and effectiveness in obtaining and allocating resources .
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 any immunity
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. Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties
and representatives.
c. Circulating annually a list of all parties and
Representatives to all signatory parties.
d. Arranging for amendments to the Agreement as may
be necessary.
e. Coordinating exercises of the Agreement.
19. 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
IP III
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.
APPROVED DATE: /V/!/ AW/151#/C7 /9 ITN OF jeig. 44e/4
Dated: #l,,.2� /f .sy: / _ /�_i_ Y' ie
CCC Mayor
ATTEST:
/ / / . 6
/ City Clerk
COUNTY OF ORANGE, a
political subdivision of
the llState of California
'•_� ...J C. �7�.�w.._
1997 Dated: OCT 71 By: 1/��'b' -
CHAIRMAN, BOARD OF
SIGNED AND CERTIFIED THAT A COPY OF SUPERVISORS
THIS DOCUMENT HAS BEEN DELIVERED
TO THE GSAIRMAN OF THE BOARD.
ATTEST
q . r
Clerk of the Board of Superv,,o - of
Orange County, California
APPROVED AS TO FORM: COW COUNSEL, ORANGE COUNTY, CALIFORNIA
By: 'Sw/ P•24eGLib. )'-/5-76 .
revised -7-96
a.,, TillS INSTROMENT IS A CORRECT COPY OP
�,,,
-',..,` .:- THE ORIGINAL ON FILE IN THIS OFF1
''i tI ATTEST:(DATE) /a
'''Ii/:: DARLENE J.BLOOM
CLERK OF THE BOARD
By giEL`.e- /kiti-°"-/ DEPUTY
411 41?
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 Supervi\ssoors. ft./PC/Ite
APPROVED DATE//)PLf J (CITY OF f)/%Q'•
Dated /)n/a /06,By: �. ida _ - i.
Mayor
ATTEST:
•
City Clerk
(/// COUNTY OF ORANGE, a
political subdivision of
the State of California
Dated: By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DEL:JERED
TO THE C=AIRMAN OF TBE BOARD.
Clerk of the Board of Supervisors of
Orange County, California
•
APPROVED AS TO FORM: UN
�/COOTY COUNSEL, ORANGE COUNTY, CALIFORNIA
By: / . / ° °._ 3•/3-%G
revised - 7-96
•
THE ORANGE COUNTY-OPERATIONAL AREA
BUILDING DAMAGE ASSESSMENT MUTUAL AID 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
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 facilitate assistance
is provided from one party's Building Department to another; and
WHEREAS, no party should be in a position of depleting unreasonably its own
resources, facilities, or services providing such mutual aid; and
WHEREAS, such an agreement is in accordance with the California Emergency
Services Act set forth in Title 2, Division I, Chapter 7 (Sections 8550 et seq.) of the
Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act.
NOW, THEREFORE, IN CONSIDERATION OF THE
CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOW:
1. 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.
D:\W P51\FORMS\MUTA ID.A G R\L W\01-11-95
•
b. "Local Emergency" shall mean the actual or threatened existence of conditions
of disaster or extreme peril to the safety of persons or property within the
territorial limits of one of the parties caused by human or natural conditions such
as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation
accident, hazardous materials problems, tsunami, sudden or severe energy
shortage, epidemic, riot or other occurrences, other than conditions resulting from
a labor controversy, which occurrences, or the immediate threat thereof, are
likely to be beyond the control of the personnel, equipment, or facilities of that
party to this Agreement and which personnel, equipment, or facilities of the other
party are desired to combat.
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.
2. 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.
3. When a Local Emergency has been proclaimed by party's governing body or authorized
official, the Coordinator may request assistance.
4. 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 without jeopardizing the safety of persons or property within their
jurisdiction. No party receiving a request for assistance shall be under any obligation to
provide assistance or incur any liability for not complying with the request for Mutual
Aid.
5. 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.
6. 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 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
D:\WP51\FORMS\MUTAID.AGR\LW\01-I1-95 2
r.
•
feeding, assisting personnel, fueling of equipment, and servicing and repairing of
equipment lent by the assisting party. Assisting part's personnel shall not be deemed
employees of requesting party and vice versa.
7. 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.
8. 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,
and 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.
9. 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.
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 immediately upon its execution and shall remain in effect
until terminated.
12. 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.
13. To the extent that they are inconsistent with this Agreement, all prior agreements for
building damage assessment mutual aid among the parties are hereby null and void.
14. Requests for mutual aid assistance under this Agreement, when more than one county is
impacted by a disaster, should be channeled through the Regional State Office of
Emergency Services to ensure maximum effectiveness in allocating resources to the
highest priority needs.
D:\WP51\FORMS\MUrAID.AGR\LW\01-11-95 3
1,
• • •
15. Requests for building damage assessment mutual aid from outside of the Operational
Area should be channeled through the Operational Area Agreement Coordinator.
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 judgement 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 to waive any immunity 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. Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties and representatives.
c. Circulating annually a list of all parties and Representatives to all signatory
parties.
d. Arranging for amendments to the Agreement as may be necessary.
e. Coordinating exercises of the Agreement.
19. 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 Regulations
Orange County Environmental Management Agency
300 N. Flower St. P.O. Box 4048
Santa Ana, CA 92702-4048
IN WITNESS HEREOF, 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 the Clerk of the Board, all having
been duly authori =• • the City Council of City and the Orange County Board of Supervisors.
APPROVED D • _. i� �� 7Q sr_ CITY OF SEAL BEACH
fj \
Datec'�.�/ a,(,teJ /0,, /7 9C '„�S%�%�
(// Ui/ ) Georg- " . Brown, Mayor
D:\WP51\FORMS\MUTAID.AOR\LW\01-11-95 4
(Attest:,
/s/
City Clerk
(City of Seal Beach
COUNTY OF ORANGE, a political
subdivision of the State of
California
Dated: By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM: COUNTY COUNSEL, ORANGE COUNTY,
CALIFORNIA
By:
D:\WP51\FORMS\MUTAID.AOR\LW\01-11-95 5