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HomeMy WebLinkAboutC-3255 - The Orange County Operational Area Building Damage Safety Assessment Mutual Aid Agreement• • THE 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 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 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 P0STEARTHQUAKE 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. y • • 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 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: I/:2 S k CITY gp—w"u1 ort &CqC Dated: By: Mayor City Clerk P C ED AS TO FORM: COUNTY OF 9RANGE, a politic 1(� ubdivision of he Stj► f California Dated: 1 7 !� I q 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: reviled -7-96 (✓;