HomeMy WebLinkAboutCC AG PKT 2011-08-08 #JAGENDA STAFF REPORT
DATE: August 8, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Bailey, Marine Safety Chief
SUBJECT: MUTUAL AID AGREEMENT FOR ORANGE COUNTY
LIFEGUARD AGENCIES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6174 approving the Emergency
Response Agreement for Open Water Lifeguard Services by and between
California Department of Parks and Recreation, the County of Orange, the City of
Huntington Beach, the City of Laguna Beach, the Lake Mission Viejo Association,
the City of Newport Beach, the City of San Clemente, and the City of Seal Beach.
BACKGROUND AND ANALYSIS:
For more than forty years, Orange County lifeguard services have been sharing
resources across jurisdictional boundaries to ensure prompt emergency service
to our border constituents. This has been accomplished through informal
agreements between agencies.
Emergency response agreements are the reciprocal sharing of like resources on
an as- needed, as- requested, as- approved basis. An example of an emergency
response is the request by one agency for additional SCUBA members for a
search and recovery operation or a request for vessel assistance with a lifeguard
boat. Emergency response agreements are common in police and fire services.
In general, the agreement acknowledges the mutual benefit of cross - jurisdictional
assistance as the policy of each agency to the agreement and authorizes the City
Manager or his /her designee from each jurisdiction to establish the specific level
of assistance through the use of a Memorandum of Understanding (MOU). A
copy of the current MOU is attached as reference.
In 2005 the Seal Beach City Council approved a similar agreement; however the
previous agreement stipulated that all agencies had to sign the agreement to
make it operational. All agencies approved the agreement with the exception of
the State of California. After years of waiting on the State of California's
Agenda Item J
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bureaucracy to sign the agreement, it appears to be an impossible task. The
decision by the Orange County Lifeguard Chiefs Association was to rewrite the
Agreement stating in section eight that only three agencies were needed to make
the Agreement operational. To assist with reviewing revisions from the previous
agreement, below is the language of the 2005 Agreement and the new 2011
Agreement.
Old language (2005):
8. This Agreement shall become operational and effective upon execution by all
parties. The Agreement shall remain in effect until termination by any agency. It is further
agreed that any agency may terminate the Agreement at any time by giving written
notice to all other agencies at least sixty days (60) prior to the date of termination.
New language (2011):
8. This Agreement shall become operational and effective upon execution
by three agencies. The Agreement shall remain in effect until a majority of parties
have terminated their obligations and responsibilities pursuant to this Section It
is further agreed that any of the Agencies may terminate their obligations and
responsibilities required by this Agreement by providing written notice to each of
the other parties at least sixty (60) days prior to the effective date of such
termination.
Additionally there are some changes to grammar, capitalization, and punctuation
throughout the Agreement and the Memorandum of Understanding. For that
reason, the MOU will be re- signed by all the participating agencies.
FINANCIAL IMPACT:
No financial impact at this time.
RECOMMENDATION:
That the City Council adopt Resolution No. 6174 approving the Approve the
Emergency Response Agreement for Open Water Lifeguard Services by and
between California Department of Parks and Recreation, the County of Orange,
the City of Huntington Beach, the City of Laguna Beach, the Lake Mission Viejo
Association, the City of Newport Beach, the City of San Clemente, and the City of
Seal Beach.
SUB TTED BY
a�
e Bailey, Mari Safety Chief
NOTED AND APPROVED:
Q�ULR - JDAIM
I R. Ingram, Ci anager
RESOLUTION NUMBER 6174
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MUTUAL AID AGREEMENT FOR ORANGE
COUNTY LIFEGUARD AGENCIES
The Seal Beach City Council hereby resolves as follows:
SECTION 1. The City Council hereby approves the amendment to the
Emergency Response Agreement for Open Water Lifeguard Services by and
between the California Department of Parks and Recreation, the County of
Orange, the City of Huntington Beach, the City of Laguna Beach, the Lake
Mission Viejo Association, the City of Newport Beach, the City of San Clemente,
and the City of Seal Beach.
SECTION 2. The City Council hereby authorizes the City Manager to execute
the Agreement and Memorandum of Understanding on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 8th day of August , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6174 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 8th day of August , 2011.
City Clerk
EMERGENCY RESPONSE
AGREEMENT FOR EXCHANGE OF
OPEN WATER LIFEGUARD SERVICES
THIS AGREEMENT, made and entered into this 8th day of August , 2011 by
and between the County of Orange, the City of Huntington Beach, the City of Laguna
Beach, the Lake Mission Viejo Association, the City of Newport Beach, the City of San
Clemente, and the City of Seal Beach hereinafter referred to collectively as "The
Agencies" or "Parties ", or individually as an Agency.
WHEREAS, the Agencies provide open water lifeguard services within their respective
jurisdictions; and
WHEREAS, the Agencies have found it to be of mutual benefit if the services of each
agency are in some circumstances extended outside of the limits of each jurisdiction
into the boundaries of the other; and
WHEREAS the Agencies desire to enter into an emergency response agreement,
where, in some circumstances, one Agency will respond to an emergency incident
occurring within the jurisdictional limits of the other Agency;
NOW, THEREFORE, for and in consideration of the covenants contained herein, the
Agencies hereby agree as follows:
This Agreement is a guide for day -to -day operations. The specific details of
the service to be provided under this Agreement and the general operational
policies, including, but not limited to, response areas and types of equipment,
operational command, incident reports, dispatch and communications,
training, response maps and preplans, and evaluation of effectiveness shall
de determined by the Agencies" designee in a Memorandum of
Understanding (MOU). Operational components of the MOU may be
amended by the mutual written agreement of the Agencies designee. Any
change in the MOU which constitutes a change in policy shall be approved by
the Governing Body of the Agencies.
2. The Agencies shall, at their own expense, develop and provide for the
necessary cross connections of its communication system with the
communication system of the other.
3. The Agencies shall, at their own expense, provide to all other agencies a
predetermined grid mapping system designating the response area for the
Agencies areas included in this Agreement.
4. The services provided by the Agencies pursuant to this Agreement shall be
provided at no cost to the other Agencies. In the event a state of local
emergency is declared, this Agreement shall not constitute a waiver of the
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rights of the respective agency's to claim state and /or federal reimbursement
for services provided.
5. The agencies' designee, or their designated representatives, shall determine
and agree upon the capabilities of each of the Agencies to respond to
incidents requiring special equipment.
6. The Agencies understand and agree that the Agencies' response to a request
for aid shall depend upon any existing conditions within each Agencies own
jurisdiction and the availability of each Agencies resources.
7. For purposes of liaison and the administration of this Agreement, the
Agencies' designees are designated as the representatives of each Agencies
to the Agreement, and they shall be jointly responsible for administration of
this Agreement.
8. This Agreement shall become operational and effective upon execution
by three agencies. The Agreement shall remain in effect until a majority
of parties have terminated their obligations and responsibilities
pursuant to this Section. It is further agreed that any of the Agencies
may terminate their obligations and responsibilities required by this
Agreement by providing written notice to each of the other parties at
least sixty (60) days prior to the effective date of such termination
9. The Agencies agree that the provisions of this Agreement are not intended to
directly benefit, and shall not be enforceable by, any person or entity not a
party to this Agreement. By entering into this Agreement, none of the parties
waives any of the immunities provided under state or federal law.
10. Notwithstanding the provisions of Government Code 895.2 each agency shall
defend, indemnify, and hold harmless the other parties and its officers,
agents, employees and representatives from any and all losses, liability,
damages, claims, suits, actions and administrative proceedings, and
demands and all expenditures and cost relating to acts or omissions of the
indemnitor, its officers, agents or employees arising out of or incidental to the
performance of any of the provisions of this Agreement. None of the
agencies assumes liability for the acts or omissions of persons other than
each agency's respective officers, agents or employees.
11. This Agreement is not intended to confer any legal rights or benefits on any
person or entity other than the Parties to this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first above written.
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CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
Name:
Title:
Dated:
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CITY OF HUNTINGTON BEACH
By: Dated:
Name:
Tib
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CITY OF LAGUNA BEACH
By: Dated:
Name:
Title:
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LAKE MISSION VIEJO ASSOCIATION
In
Dated:
Name:
Title:
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CITY OF NEWPORT BEACH
Name:
Title:
Dated:
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CITY OF SAN CLEMENTE
Name:
Title:
Dated:
CITY OF SEAL BEACH
Name: Jill R. Ingram
Title: City Manager
Dated:
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MEMORANDUM OF UNDERSTANDING
FOR EXCHANGE OF
OPEN WATER LIFEGUARD SERVICES
This Memorandum of Understanding "MOU" is authorized by each Agency
pursuant to an Emergency Response Agreement for Exchange of Open Water
Lifeguard Services entered into this 8th day of August , 2011 and the
"Agreement" is subject to the terms and conditions set forth in said Agreement.
The purpose of this MOU is to outline the procedures for implementing the
Agreement between the California Department of Parks and Recreation, County
of Orange, the City of Huntington Beach, the City of Laguna Beach, the Lake
Mission Viejo Association, the City of Newport Beach, the City of San Clemente,
and the City of Seal Beach collectively as "Agencies" or individual "Agencies ".
This MOU identifies the specific type of assistance available in an emergency
response.
This MOU shall by reference incorporate all of the provisions of the Agreement.
In no event shall any Agency be obligated to provide services if that Agency
determines, at its sole and absolute discretion, that the Agency does not have
the resources to respond.
Changes in this MOU may be made at any time by mutual written agreement of
the agency designees. A signed amendment to this MOU will be prepared
accordingly and distributed to all Agencies.
AMOUNT AND TYPE OF ASSISTANCE
This MOU is for the exchange of emergency
The indentified open water lifeguard resource s
set forth below. For the purposes of this MOU,
to indentified resources:
Incident Commander:
Open Water Lifeguard Services.
will respond to emergencies as
the following definitions will apply
Refers to an officer capable of and responsible for commanding incident
resources and overall scene management.
Land Unit
Refers to an Open Water Lifeguard resource with 4 -wheel drive capability
capable of driving on soft sand, with a minimum staffing level of 1.
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SCUBA Diver:
Refers to Open Water Lifeguard personnel trained at a level of basic open water
SCUBA. Minimal gear shall consist of: (1) buoyancy compensator; (2) 2 full air
tanks with a regulator; (3) fins, mask, snorkel; (4) reserve regulator; (5) compass;
(6) full wetsuit, and (7) depth gauge.
Rescue Boat:
Refers to an Open Water Lifeguard resource capable of carrying passengers
inside enclosed gunnels with a minimum of 2 persons on board consisting of an
operator and deckhand.
Personal Watercraft:
Refers to a personal watercraft with towing /rescue capabilities with 1 operator.
Additional resources not described in this MOU may be requested by the Incident
Commander or appropriate dispatch center.
OPERATIONAL COMMAND
The first arriving officer will assume command until he or she reassigns
command or is relieved by a senior officer. The highest- ranking officer from the
Agency having jurisdiction will have the ultimate authority to assume command.
All operations will be conducted in a coordinated and organized manner.
INCIDENT REPORTS
When (Land or Water) units of any Agency have responded to an incident, the
unit of the Agency having jurisdiction will be responsible for preparing the
incident report. When no unit(s) from the jurisdictional Agency respond to an
incident, the units from the responding jurisdiction shall prepare their own
incident report and the responding Agency shall provide copies of the incident
report to the jurisdictional Agency, to the extent permitted by law.
DISPATCH AND COMMUNICATIONS
Any request for emergency response services to the Agencies will follow the
guidelines set forth below:
(a) Contact shall be made to the dispatch center though pre - established
communication links requesting any resource by Agency and unit type
identified in this Agreement and MOU.
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(b) All necessary information, including address, type of emergency,
tactical radio frequency and related information that is available, shall
be relayed to any responding units and updated as appropriate.
(c) The Agency receiving the request shall dispatch the requested
resource, if available, and shall provide the responding units with all
pertinent information, identifying the jurisdictional dispatch center and
tactical radio frequency.
(d) If any responding units encounter delays that will result in extended
response times the responding units will notify their Agencies dispatch
center and the responding Agency's dispatch center will then advise
the requesting Agencies dispatch center of the delay.
TRAINING
Periodic interagency training will be conducted for the purpose of improving
working relationships and operational coordination. This training shall be
coordinated through the Agencies Training Officers.
RESPONSE MAPS AND PREPLANS
Upon execution of this MOU, each Agency shall provide all other Agencies
with current standard response maps and shall provide updated versions as,
changes occur.
EVALUATION
The effectiveness of the procedures contained in this MOU shall be evaluated
annually, or as significant changes occur, by the Agency designees.
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CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
By: Dated:
Name:
Title:
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CITY OF HUNTINGTON BEACH
Name:
Title:
Dated:
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CITY OF LAGUNA BEACH
By: Dated:
Name:
Title:
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LAKE MISSION VIEJO ASSOCIATION
By: Dated:
Name:
Title:
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CITY OF NEWPORT BEACH
Name:
Title:
Dated:
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CITY OF SAN CLEMENTE
Name:
Title:
Dated:
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CITY OF SEAL BEACH
Name: Jill R. Ingram
Title: City Manager
Dated:
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