HomeMy WebLinkAbout09 - Building Damage Safety Assessment Mutual Aid Agreement4 r�W PORT CITY OF NEWPORT BEACH
° COMMUNITY AND ECONOMIC
�? DEVELOPMENT
BUILDING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 6443275; FAX (949) 6443250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
January 25, 1999
Jay Elbettar
(949) 644 -3282
SUBJECT: BUILDING DAMAGE SAFETY ASSESSMENT
MUTUAL AID AGREEMENT
SUGGESTED ACTION: Approve the attached Mutual Aid Agreement for Building
Damage Safety Assessment and authorize the Mayor and
City Clerk to execute said agreement.
DISCUSSION
In the event of a major disaster, the benefits of prompt building damage assessment are:
• Protecting occupants from unsafe and damaged buildings.
• Identifying safe structures and thereby restoring economic activity.
• Compiling damage assessments for an accurate declaration of the disaster
magnitude.
• Facilitating aid from State and Federal sources.
When a disaster strikes a community, there is an immediate need for damage
inspections and evaluations of building safety. People need to be kept from entering or
using unsafe buildings, and safe shelter needs to be found for those left homeless.
Buildings requiring repairs need to be identified and repaired for long term safety. The
magnitude of damage must be quantified as early as possible so a realistic recovery and
disaster relief estimate plan can be developed.
Experience to date, including recent earthquakes, has shown that local building
departments can become quickly overloaded by the need for inspections and that they
must either seek additional manpower or greatly extend the period of time over which
building safety evaluations are performed. These evaluations are typically conducted by
building inspectors and engineers.
As a result of some confusion in responding to the recent water reservoir emergency in
Westminster, the County's Office of Planning and Development Services/Building
Inspection Division indicated in their attached memorandum to the County Sheriff that
a city must be a signatory to the agreement or the County will not respond to their
request for assistance.
The County Board of Supervisors has approved the attached agreement in concept,
subject to approval by participating cities. It is similar to agreements for public works
emergencies and typifies actions necessary in an earthquake or other disaster causing
widespread building damage. Parties to this agreement include most cities in Orange
County as shown in the attached list. The City of Newport Beach could provide
assistance statewide as it has, on occasion, done in the past. Similarly, if an emergency
should occur in Newport Beach, we would have the ability to draw on the resources of
other city and county agencies.
Major provisions of the agreement include:
• Assistance furnished is voluntary.
• Requesting party is responsible for resources to provide risk management and all
direct and indirect administrative and contracted costs.
• Standardized procedures and training of staff.
• Agreement continues until terminated.
FISCAL IMPACT
Should the City of Newport Beach choose to participate in a specific occurrence, the
financial impact would be reimbursed by the requesting agency for a local emergency
and by FEMA for State or Federal declared emergencies.
Submitted by:
JAY ELBETTAR
Building Director
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Attachments: Proposed agreement
County of Orange Building Division memorandum
List of participants
Codes\Mutual aid99
VA
TEE 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 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 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 la
(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.
S. 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
I
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 FEKA guideline
cc 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 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
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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: CITY OF
Dated: By:
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 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;
revirred
7
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Orange 714 744 5147 _ P.03
DA'Z'E: November 0, 1999
MEMO
Ott
Nav2��
TO: Watch Commando, Control One, Orange County Sheriff- Communication
FROM: Allan Metz, Chief Building Inspector, PDSD
SUBJECT: After Hours and Weekend Fnmgency Response Policy
Planning and Developmcat Servieelftilding Inspection Division is available for emergency
damage safety asses of buildings in the umacorporated areas of the County 24 houns/7days
per week. Attached is the current After Hours Call Out List dated VMS.
If the building emergency is within an incorporated City, an official of the City must be
contacted and made aware of the emergency. If City staff is not available to respond AND the
city is a signatory to the Orange rounty Operational Area - Building Damage Safety Assessment
Mutual Aid Agreement, the City Manager, Mayor, or other designated City official may request
assistance from the County and we will respond.
If the City is NOT a signatory to the Mutual Aid Agreement, we will not respond.
If you have any questions regarding this policy, Please contact me at (949) 472 -7939 or Larry
Nees, the County Building Official, at (714) 472 -7901.
AM:mI
Attachment
cc: Larry Nees, PDSD
Capt. Bob FAson, West Ops.
Capt. Pete Gannon. North Ops.
Capt. Tom Davis, South Ops.
12
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ORANGE COUNTY OPERA71ONAL AREA
BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID AGREEMENTS
PARTICIPANTS AS OF JANUARY 1998
CITY
REPRESENTATIVE
PHONE#
Anaheim
Julie Stay, Building Division Manager
(714) 76S -5153 press I. ext5764(of::;a-
(714)324 -5312 (pager)
(714) 765 -5280 (fax)
(714) 6330935 (home)
Fullerton
Chuck Dateo, Building Official
(714) 738 -6558 (office)
(626) 4113-6332 (eell)
(714) 738.3110 (fax)
(626) 369 -1228 (hone)
(626) 932 -3254 (pager)
Huntington beach
Ross Creamer, Building & Safety D "vector
(714) 536 -5677 (office)
(714) 571-7729 (pager)
(714)374- 1540(fax)
(714) 9694424 (home)
Garden Grove
Jim Martin. Building Services Manager
(7 (4) 741 -5343 (office)
(714)320.4019 (pager)
(714) 741.5578 (fax)
(909) 899 -3895 (home)
Los Alamitos
Terry Johnson. Building Official
(5621 131 •iS311 ext 315 (offiecl
(310) 731.1299 (pager)
(562)493- 1251 (fax)
(562) 428 -11929 (home)
Mission Viejo
Buster Scholl Building Official
(949) 470.;D54 (ofrec)
(760) 381 -1347 (pager)
(949) 470 -3084 (fax)
(949) 597 -0645 (home)
Orange
Kevin Shear- Building Official
(714) 744 -T_01 (office)
(No pager at cell phone)
(714) 744 -72? (fax)
(909) 247- 9111(hwne)
San Juan capistrama
Dan McFarland. Building Official
(949) 443.6340 (offkc)
(949) 587.7999 (pager)
(949)493 -1053 (fax)
(760) 418 -7485 (home)
Seal Beach
Lee Whivenberg, Director of Dev. de Svcs
(562) 431 -2527 ext 213 (orrice)
After hours; call (562) 431 -2541
And Mr- Whirumber will be called)
(S62) 431.4067 (taxi
13ec -01 -98 10:07A City Of Orange
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Westminster
Yorba Linda
County of Orange
Revised V17199
Fronk Manlape•, Building Official
Ahmad Tahbaa. Building Official
Larry Nees. Building Official
fU
714 744 5147 P.06
(714) 998 -3311 eat 250 (office)
(lvo pager or tall Phone)
(714) 373 -4694 (fax)
(714) 893-0302 (home)
(714) 961 -7120 ext 121 (elfiee)
(No cellular phone)
(714) 996 -1064 (fax)
(714) 779_2876 (home)
(949) 472 -11"1 (office)
(949) 933 - 76903634 (pager)
(949) 566 -6740 (fax)
(949) 499 -8176 (home)