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HomeMy WebLinkAboutItem AF SEA( \ rj� 90Z'• AGENDA STAFF REPORT y`�.g4FORN P :' DATE: September 11, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: LETTER OF SUPPORT REGARDING THE REINSTATEMENT OF AN "OPERATIONAL AREA FIRE/LAW MEMORANDUM OF UNDERSTANDING" (MOU) AND "ORANGE COUNTY AVIATION OPERATING PLAN" (OPERATING PLAN) PERTAINING TO THE ORANGE COUNTY FIRE AUTHORITY AND ORANGE COUNTY SHERIFF'S DEPARTMENT AIR OPERATIONS SUMMARY OF REQUEST: That the City Council authorize the Mayor to execute a letter of support to reinstate the "Operational Area Fire /Law Memorandum of Understanding" (MOU) and the "Orange County Aviation Operating Plan" (Operating Plan) approved on March 15, 2016, by the Orange County Board of Supervisors — pertaining to the Orange County Fire Authority and Orange County Sheriff's Department Air Operations. BACKGROUND AND ANALYSIS: On March 15, 2016, the Orange County Board of Supervisors unanimously approved an "Operational Area Fire /Law Memorandum of Understanding" (MOU) and an "Orange County Aviation Operating Plan" (Operating Plan), consistent with requirements in California Government Code Section 26614. That code section provides that if a County Board of Supervisors elects to authorize the Sheriff to conduct search and rescue activities, those activities must be consistent with guidelines and operating plans contained in the Search and Rescue Model Operating Plan developed and adopted by the California Office of Emergency Services (OES). On June 5, 2017, the Orange County Sheriff's Department sent a letter terminating the MOU effective August 4, 2017, without the authorization of the Orange County Board of Supervisors. Since that time, the Sheriff's Department has proposed a replacement MOU and Operating Plan that deviates significantly from the Site Model Operating Plan, violating the mandate in California Government Code Section 26614 which states that search and rescue activities must be conducted consistent with the State Model Operating Plan. Agenda Item A The City of Seal Beach is a member of OCFA (Orange County Fire Authority) and the City's fire and rescue services are provided by that entity. It is in the City's interest to have air rescue services in the County continue to be provided under an operating understanding that has worked for years, and that complies with applicable law. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: That the City Council authorize the Mayor to execute a letter of support to reinstate the "Operational Area Fire /Law Memorandum of Understanding" (MOU) and the "Orange County Aviation Operating Plan" (Operating Plan) approved on March 15, 2016, by the Orange County Board of Supervisors — pertaining to the Orange County Fire Authority and Orange County Sheriff's Department Air Operations. Attachments: NOTED AND APPROVED: RUN �'.' A. Letter of Support with 2017 Memorandum of Understanding, OCFA/OCSD Air Operations Plan B. 2016 Operational Area Fire /Law Memorandum of Understanding C. 2016 Orange County Aviation Operating Plan Page 2 Attachment "A" September 11, 2017 The Honorable Michelle Steel, Chairwoman The Honorable Andrew Do, Vice Chair The Honorable Todd Spitzer, 3rd District Supervisor The Honorable Shawn Nelson, 4`h District Supervisor The Honorable Lisa A. Bartlett, 5`h District Supervisor Orange County Board of Supervisors 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Re: Memorandum of Understanding re: OCFA/OCSD Air Operations Dear Chairwoman Steel, Vice Chair Do, and Honorable Members of the Orange County Board of Supervisors, I am writing on behalf of the City of Seal Beach to urge your Board to reinstate the attached "Operational Area Fire/Law Memorandum of Understanding" (MOU) and "Orange County Aviation Operating Plan" (Operating Plan) that were approved unanimously by your Board on March 15, 2016. California Government Code section 26614 provides that if a County Board of Supervisors elects to authorize the Sheriff to conduct search and rescue activities at all, those activities must be consistent with guidelines and operating plans contained in the Search and Rescue Model Operating Plan developed and adopted by the California Office of Emergency Services (OES). That section provides that it is the County Board of Supervisors that adopts the required Operating Plan. The Model Operating Plan is adopted by the State OES in consultation with fire protection and law enforcement providers to ensure that the required Operating Plan coordinates emergency air operations in a manner that protects the safety of the public as well as the aircraft crews. Consistent with the requirements in Section 26614, your Board approved, and the Sheriff executed, the March 2016 MOU and Operating Plan that are consistent with the State Model Operating Plan. It has come to the attention of this city, however, that the Sheriff sent a letter on June 5, 2017, terminating the existing MOU effective August 4, 2017, without your Board's authorization and notwithstanding that there was no replacement operating plan in place to govern air operations once the March 2016 Operating Plan expired. In addition, it has come to our attention that the Sheriff's Department has now proposed a replacement MOU and Operating Plan that deviate significantly from the State Model Operating Plan and therefore violates the mandate in Section 26614 that search and rescue activities must be conducted consistent with the State Model Operating Plan. We are also informed that the Sheriff has threatened to proceed with their expanded air operations without any MOU and Operating Plan if the Sheriff's unapproved plan is not agreed upon by the OCFA. Our City strongly objects to the MOU and Operating Plan in the form proposed by the Sheriff, and further objects to any proposal to operate without an approved plan in place that is consistent with the State Model Operating Plan. We urge your Board to exercise your authority to immediately reinstate the existing (March 2016) MOU. We know you share the City's concern that air operations must be carefully coordinated to protect public safety and the safety of the crews. The March 2016 MOU provides the necessary coordination and communications framework to ensure safe operations until a proper replacement MOU is prepared and agreed upon. Thank you for your attention to this urgent matter. Sincerely, Sandra Massa - Lavitt, City of Seal Beach Mayor cc: Dave Anderson, OCFA Acting Fire Chief David Kendig, OCFA General Counsel Sandra Hutchens, Sheriff, Orange County Leon Page, County Counsel Enclosure: Exhibit A - March 30, 2016, Operational Area Fire/Law Memorandum of Understanding Exhibit B - March 29, 2016, Orange County Aviation Operating Plan OPERATIONAL AREA FIRE/LAW MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (MOU), made and entered into this 30`" of March, 2016 by and between the Orange County Fire Authority (OCFA), a public entity, hereinafter referred to as "FIRE ", and the Orange County Sheriff-Coroner Department (OCSD) a public entity, hereinafter referred to as "LAW'; and WHEREAS, FIRE and LAW both provide Search and Rescue services within the Orange County; and WHEREAS, FIRE and LAW have found it to be of mutual benefit to provide for the most efficient utilization of FIRE and LAW resources in the application to Search and Rescue efforts within the Orange County Operational Area (OCOA); and WHEREAS, FIRE and LAW are committed to complete cooperation and coordination in providing the highest level of Search and Rescue services to the public, guided by the principle that performing cooperatively is in the best interest of victims and patients; and WHEREAS, FIRE and LAW agree that each incident may require the services of both agencies, and further agree to utilize the Incident Command System (ICS) in Unified Command, or as Liaison Officers /Agency Representatives, at a single Incident Command Post (ICP), as prescribed by the State's Standard Emergency Management System (SEMS); and WHEREAS, FIRE and LAW desire to enter into a mutual response agreement, wherein Fire will respond to and provide Fire/Rescue and Emergency Medical Services (EMS) at incidents occurring within the Orange County Operational Area (OCOA), and LAW will respond to and provide, search and rescue, for missing or lost persons and investigation of incidents that may involve criminal acts; and WHEREAS, LAW recognizes the OCFA as the agency with primary jurisdictional authority and functional responsibility to provide Fire/Rescue and EMS to the unincorporated areas and cities served by the OCFA; and WHEREAS, FIRE recognizes the OCSD as the agency with primary jurisdictional authority and functional responsibility to provide search and rescue for missing or lost persons and investigation of incidents that may involve criminal acts to the unincorporated areas and cities served by the OCSD; and WHEREAS, FIRE and LAW agree that certain incidents may require a coordinated joint: response; and WHEREAS, FIRE and LAW mutually agree to enter into Operating Plans that contain operational details, subject to regular periodic review. The parties agree as follows: 1. Any changes to the MOU, which constitute a change in policy, shall be approved by the. OCFA Fire Chief and the OCSD Sheriff. 2. For purposes of liaison and administration of this MOU, the OCFA Assistant Chief of Operations and the OCSD Assistant Sheriff of Operations, shall be designated as the: representatives of the respective parties to this MOU, and shall be jointly responsible for: the administration of this MOU, and shall be jointly responsible to develop and implement. individual and mutually agreed upon Operating Plans. 3. Specific details of the services to be provided under this MOU are contained in Operating Plans. These Operating Plans contain the general operating policies, including, but are noti limited to, response areas, types of equipment, operational command, dispatch and. communications, training, response maps, preplans, incident reports, and evaluation of effectiveness. These plans shall be approved by the OCFA Assistant Chief of Operations• and the OCSD Assistant Sheriff of Operations. 4. Annually, or as requested by either party, a joint review of Operating Plans shall occur to identify changes in operating procedures, response information, and other subjects' identified in this MOU, and that the Operating Plans may be amended by written mutual agreement of both the OCFA Assistant Chief of Operations and the OCSD assistant Sheriff of Operations. 5. Each party agrees that the use of Unified Command, as prescribed by SEMS shall be. established at incidents when multiple agencies have statutory authority and functional responsibility and under these conditions, each party further agrees to co- locate in Unified' Command at a single ICP. 6. Responsibility for requests for "Mutual Assistance" shall continue to rest with the agency having primary jurisdictional authority and functional responsibility. 7. The OCFA Fire Chief and the OCSD Sheriff or their designated representative, shalt determine and agree upon the capabilities of each party to respond to incidents requiringi "Mutual Assistance" and /or specialized resources. 8. The parties understand and agree a request for "Mutual Assistance" shall depend upon existing emergency conditions within its primary jurisdiction and the availability of its resources. 9. This MOU shall become operational and effective upon execution by both parties. The MOU shall remain in effect in perpetuity. It is further agreed either party may terminate the MOU at any time by giving written'notice to the party at least sixty (60) days prior to the date of termination. 10. The parties shall agree the provisions of this MOU are not intended to directly benefit, and shall not be enforceable by any person or entity not a party to this MOU. By entering into the MOU, neither party waives any of the immunities or indemnifies provided under state or federal law. 11. Notwithstanding, the provisions of Government Code Section 895.2, each party shall defend, indemnify, and hold harmless the other party 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 of omissions of the indemnitor, its officers agents or employees arising out of or incidental to the performance of any of the provisions of this MOU. Neither party assumes liability for. the acts or omissions of persons other than each party's respective officers, agents, or employees. 12. By entering into this MOU, neither party waives any of the immunities provided by the Government Code or other applicable provisions of law. This MOU is not intended to confer any legal rights or benefits on any person or entities other than the parties of this MOU. The parties hereto have executed this MOU on the date below. OPERATIONAL AREA FIRE /LAW MEMORANDUM OF UNDRESTANDING Approved By: vcylj�� Jeff B manan, Fire Chief Orange County Fire Authority Date: 3 / z Witnesses: Sandra Hutch s, Shenff- Coroner Orange Co ty Sheriffs Department Date: ORANGE COUNTY AVIATION OPERATING PLAN BETWEEN ORANGE COUNTY FIRE AUTHORITY mm�o ORANGE COUNTY SHERIFF'S DEPARTMENT Pursuant to the Memorandum of Understanding between the Orange County Fire Authority and the Orange County Sheriff's Department, this OPERATING PLAN is authorized by the Orange County Sheriff and the Orange County Fire Authority Fire Chief and is subject to the terms and conditions set forth herein. PURPOSE: This OPERATING PLAN is to ensure safe, efficient, and immediate response to fires, search and rescue, or related emergencies requiring the use of aerial resources within the County of Orange. The OPERATING PLAN outlines the procedures for implementing the agreement between the Orange County Sheriff s Department, hereinafter referred to as the "OCSD" and the Orange County Fire Authority, hereinafter referred to as the "OCFA ". This OPERATING PLAN is a guide for day -to -day operations and is not intended to replace or revise established mutual aid agreements. In accomplishing this objective, the OCSD and the OCFA shall share responsibility for ensuring interagency communication, cooperation, and management of an aerial response in accordance with this OPERATING PLAN. Changes in this written OPERATING PLAN may be made at any time by mutual written agreement of the OCFA Fire Chief or designee and the Orange County Sheriff or designee. A signed amendment to this document will be prepared accordingly and distributed to all holders. It is further agreed either party may terminate this OPERATING PLAN at any time by giving written notice to the party at least sixty (60) days prior to the date of termination. DEFINITIONS: This OPERATING PLAN is for the exchange of helicopter services to the areas specified. The identified fire /sheriff department resources will respond to emergencies as set forth below. For the purposes of this OPERATING PLAN, the following definitions will apply to identify key terminology: i DISPATCH CENTER: A central ordering point where all necessary information including location, type of emergency, assigned radio frequency(s) and related information is available shall be relayed to responding aircraft and updated as appropriate. FEDERAL RESPONSIBILITY AREA (FRA): 1 Those lands administered or controlled by the Federal Government for which the Federal Agencies have administrative and protection. responsibility. INCIDENT COMMANDER (IC): The individual responsible for all incident activities, including the: development of strategies and tactics and the ordering and the release of resources. LOCAL RESPONSIBILITY AREA (LRA): Local responsibility areas include incorporated cities, cultivated agriculture lands, and portions of the desert. Local responsibility area: fire protection is typically provided by city fire departments, fire: protection districts, and/or counties. RESCUE: A person who has been located by public safety personnel and requires assistance in order to be transported to a safe location. SEARCH: The attempt to locate a person or persons. A person is determined located when confirmed by any public safety resource. This applies to ground and air assets. STATE RESPONSIBILITY AREA (SRA): The area of the state where the State of California is financially; responsible for the prevention and suppression of wildfires. UNIFIED COMMAND: A unified team effort which allows all agencies with responsibility for: the incident, either geographical or functional, to manage an incident by i establishing a common set of incident objectives and strategies. This is. accomplished without losing or abdicating agency authority, responsibility, or accountability. QUALIFICATIONS: OCSD has statutory authority pursuant to the California Government Code, Section 26614 for Search and Rescue services within the County of Orange. OCFA has statutory authority pursuant to the California Health and Safety Code, Section 13862 for: immediate response within the County of Orange to protect life and property. OCFA and OCSD aircraft dispatched to a fire incident shall have current carding for the I governing agency for which the incident has requested. The aircraft and equipment shall be satisfactory in accordance with Interagency Helicopter Guide (IHOG) standards along with a. current carded pilot in command (PIC). OCSD and OCFA shall hold the Interagency Aircraft i and/or Pilot card(s) as required by the USFS or CALFIRE. In order to hold a Cooperator Letter with the USFS or CALFIRE, OCSD and OCFA will hold Interagency Aircraft and Pilot cards as. required. UNDERSTANDING: N Fire incidents: In order to respond to fire incidents within Federal and/or State Response Areas (FRA/SRA), a Cooperator Letter, as defined within the California Mobilization Guide is required for OCSD and OCFA aircraft. This Cooperator Letter allows for the direct protection of life and property within Federal and/or State Response Areas (FRA/SRA). Search and rescue: OCSD and OCFA will share responsibilities of search and rescue. Uninjured person(s): For incidents involving an uninjured person, OCSD will be primary for. the search and rescue portion of the mission. OCFA will be notified. based on incident needs for technical support (air resources, grounds resources, technical rescue trucks). Iniured nerson(s): For incidents involving an injured person, OCSD will be primary for the search and OCFA will be primary for the rescue portion of the'. mission. ACTIONS: Expectations of OCSD and OCFA for fire incidents shall include: 1. Utilize the California Interagency Aircraft Dispatch script (FC -106) and ensure it is received and provided to the responding OCSD and OCFA aircraft. 2. Follow command, coordination, communication(s) and all related Fire Traffic Area (FTA) procedures as outlined within the current Interagency Aerial Supervision Guide, incorporated herein by this reference. 3. Once an Agency (Federal or State) Aerial Supervisor is established, all firefighting operations will be coordinated appropriately. Expectations of OCSD and OCFA for search and rescue incidents shall include: 1. Positive communication between aircraft on 122.85 or 123.5 during all joint Search and. Rescue Missions. 2. For extended Search and Rescue Missions all participating helicopters will operate out of a joint helicopter staging area or a designated Helibase. OPERATIONAL CONTROL: The first arriving officer (fire captain, sergeant, etc.) will assume role of INCIDENT COMMANDER until he or she reassigns command or is relieved by an officer of higher rank. The officer from the agency having primary jurisdiction will have the authority to assume command. All operations will be conducted in a coordinated and organized manner. UNIFIED COMMAND should be considered when applicable. DISPATCH PROCEDURES: 3 Request for services will follow the guidelines noted below: 1. Contact shall be made to the dispatch center having operational control and acting as the central ordering point, through pre - established communication links requesting a resource identified in this agreement. 2. Whenever possible, the OCSD and OCFA will provide resource exception reporting when a helicopter is not available to the dispatch centers. 3. All necessary information including location, type of incident, assigned radio frequencies: and related information that is available shall be relayed to responding aircraft and updated as appropriate. 4. If OCFA Dispatch receives a call for service involving an uninjured person in any of thei mountainous areas or hiking trails in Orange County, the call will be transferred to OCSD Dispatch in order to dispatch the OCSD helicopter for the search and rescue portion of the mission. The OCFA helicopter will be launched based on incident needs to supportl the rescue portion of the mission. 5. If OCSD Dispatch receives a call for service involving an uninjured person in any of thei mountainous areas or hiking trails in Orange County, they will dispatch the OCSDi helicopter for the search and rescue portion of the mission. The OCFA helicopter will be launched based on incident needs to support the rescue portion of the mission. 6. If OCFA Dispatch receives a call for service involving an injured person in any of the: mountainous areas or hiking trails in Orange County, the call will be transferred to OCSD: Dispatch in order to dispatch the OCSD helicopter for the search portion of the mission. The OCFA helicopter will be launched for the rescue portion of the mission. The OCSD helicopter will remain on station to direct the OCFA helicopter to the location of the: injured person. If OCSD Dispatch receives a call for service involving an injured person in any of the! mountainous areas or hiking trails in Orange County, the call will be transferred to OCFA Dispatch in order to dispatch the OCFA helicopter for the rescue portion of the mission. The OCSD helicopter will be launched for the search portion of the mission. The OCSD helicopter will remain on station to direct the OCFA helicopter to the location of the: injured person. S. If the requested type of aircraft is not immediately available so as to result in an extended response time, the requesting agency's dispatch center will be advised of the delay for. situational awareness. An assessment will be made to determine the best course of action: to ensure public safety. 9. If the requested aircraft encounters delays resulting from weather or other restrictions so: as to result in an extended response time, the requesting agency's dispatch center will be: immediately advised of the delay for situational awareness. An assessment will be made: to determine the best course of action to ensure public safety. 10. A current copy of ALL documentation of AIRCRAFT and PILOTS that are carded by Cal Fire and the USFS shall be on file with the OCFA and OCSD dispatch centers TRAINING: Periodic interagency training shall be conducted for the purpose of improving working relationships and operational coordination between OCSD and OCFA aircraft. This training shall be coordinated through the OCFA Fire Chiefs designee and the Orange County Sheriffs designee. This training and indoctrination shall include standardization and familiarization with: Fire Traffic Area (FTA), radio frequencies, updates and Interagency Helicopter Guide (IHOG). Quarterly after action reviews (AAR's) will be conducted jointly on all incidents receiving helicopter response by either agency. Upon execution of this OPERATING PLAN, each agency shall provide the other with current standard response maps and shall provide updated versions as changes occur. EVALUATION: The effectiveness of the procedures contained in this OPERATING PLAN shall be evaluated annually or as significant changes occur, by the OCFA Operations Chief and the OCSD Assistant Sheriff of Operations. EFFECTIVE DATE This operations plan will become effective immediately upon the document being fully executed and will continue in full force and effect indefinitely until either party provides notice to. terminate. Either party may at any time and for any reason terminate this operations plan upon providing the other party with 60 days advance written notice. NOTICES Any notice or communication either party desires or is required to give the other party shall be ini writing and either served personally or sent by prepaid, first -class mail to the address set forth' below. Either party may change its address by notifying the other party of the change of address. in writing. Notices personally delivered or delivered by a document delivery service shall bei effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the seconds calendar day following dispatch. To OCSD: Orange County Sheriffs Department Attention: Sherriff 550 North Flower Santa Ana, CA, 92703 To OCFA: Orange County Fire Authority Attn: Fire Chief 1 Fire Authority Road Irvine, CA 92602 INTEGRATION This operations plan contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this operations plan shall be valid unless in writing, stating that it amends, changes or modifies this document, and signed by all the parties. APPROVED BY: ORANGE COUNTY SHERIFF'S DEPARTMENT Tim Moy, Commander 3/ oel ORANGE COUNTY FIRE AUTHORITY -1--> c'-L> Dave Thomas, Operations Chief Date: Date: 31z Attachment "B" Page 1 of 4 MEMORANDUM OF UNDERSTANDING between the ORANGE COUNTY FIRE AUTHORITY and the ORANGE COUNTY SHERIFF'S DEPARTMENT THIS MEMORANDUM OF UNDERSTANDING (MOU), is made and entered effective the 6th day of August, 2017, by and between the ORANGE COUNTY FIRE AUTHORITY, hereinafter refereed to as "OCFA" and the ORANGE COUNTY SHERIFF'S DEPARTMENT, hereinafter referred to as "OCSD" (collectively hereafter referred to as the "PARTIES" or "agencies" or individually as "party' or "agency ") as follows: 1. PURPOSE: The purpose of this MOU is to establish an agreed to plan for response by OCFA and OCSD, to Search and Rescue (SAR) operations and Emergency Medical Services (EMS) needs, in designated Response Areas. Response Areas shall be defined as off - highway, county parks or remote wilderness areas located within the County of Orange. Nothing herein shall authorize OCFA to respond to missing or lost person reports or investigate criminal acts within the Response Area. This MOU is intended to provide safe, efficient, and effective delivery of SAR and EMS to the citizens of Orange County, OCFA and OCSD recognize that interagency coordination is mutually beneficial. Efficient utilization of OCFA and OCSD resources ensures effective rendering of SAR operations and EMS within the designated "Response Areas." 11. RESPONSIBILITY: Both agencies are responsible for complete cooperation and coordination in providing the highest level service for SAR and EMS services to the public. Both agencies are responsible and agree to utilize the Incident Command System (ICS) as prescribed by the State's Standard Emergency Management System (SEMS). Neither agency will take any action to interfere with the other agency's rendering of SAR operations or EMS pursuant to this MOU. 111. MUTUAL BENEFIT AND INTEREST: Both PARTIES hereto desire to enter a mutual response pact, wherein the PARTIES will respond to SAR and EMS incidents located in the designated Response Areas as described more fully in Attachment A. OCSD will continue to be exclusively responsible to and provide search for missing or lost persons, and investigation ol'criminal acts within the Response Area, IV. ADVANCED LIFE SUPPORT SERVICES: OCFA and OCSD recognize Orange County Emergency Medical Services (OCEMS) as the agency with the jurisdictional authority and functional responsibility for designating, authorizing and oversight of EMS providers within the County of Orange. OCFA and OCSD agree that both agencies are identified by OCEMS as Advanced Life Support (ALS) service providers. Accordingly, whichever PARTY responds to a SAR or an EMS call is authorized to render ALS as necessary, and neither PARTY will dispute the other PARTIES' authority as an ALS provider. ENCLOSURE Page 2 of 4 V. EFFECTIVE DATE AND TERM: This MOU shall become operative and effective on August 6, 2017 contingent upon approval of the PARTIES governing bodies (the Orange County Board of Supervisors on behalf OCSD and Joint Powers Authority on behalf of OCFA) and remain in effect for 90 days. VI. EXTENSION OF MOU: Subject to further review by the PARTIES, the MOU may be extended, but extension of the MOU beyond the initial 90 days will require the execution of an extension document requiring the approval of the PARTIES governing bodies. VII. TERMINATION: It is further agreed that either party may terminate the MOU at any time by giving written notice to the other party at least thirty (30) days prior to the date of termination. VIII. OPERATING PLAN: OCFA and OCSD mutually agree the Air SAR Operating Plan, attached hereto and incorporated herein as ATTACHMENT A, that identifies the operational details and will be subject to regular periodic review. Changes to the Orange County Air Rescue Operating Plan shall not require approval of the PARTIES governing bodies. THEREFORE, for and in consideration of the covenants contained herein, the parties hereby agree as follows: • Any changes to the MOU shall be agreed upon and approved by both agencies, and may require approval of the governing bodies of the PARTIES. • For purposes of liaison and administration of this MOU, the Orange County Fire Authority Fire Chief, or designee, and the Orange County Sheriff, or designee, shall be designated as the representatives of the respective parties to this MOU, and they shall be jointly responsible for the administration of this MOU, and shall bejointly responsible for the development and implementation of the Operating Plan. • Specific details of the services to be provided under this MOU and the general operating policies, include, but are not limited to, response areas, types of equipment, operational command, dispatch and communications, training, and incident reports shall be approved by the Orange County Fire Authority Fire Chief and the Orange County Sheriff in the Operating Plan, attached as ATTACHMENT A. • The patties shall agree that the pmvisinns of this MOU are not intended to directly benefit, and shall not be enforceable by any person or entity not a party to this MOU. By entering the MOU, neither party waives any of the immunities provided under federal or state law. Neither party waives any of the immunities provided by the Government Code or other applicable provisions of law. This MOU is not intended to confer any legal rights or benefits on any person or entity other than the parties of this MOU. • Notwithstanding, the provisions of Government Code Section 895.2, each party shall defend, indemnify, and hold harmless the other parry 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 willful Page 3 of 4 or negligent 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 MOU. Page 4 of 4 Neither party assumes liability for the acts or omissions of persons other than each party's respective officers, agents, or employees. IN WITNESS, WHF,REOF, the parties hereto have executed this MOU on the date written below. Orange County Fire Authority Jeff Bowman (Fire Chief) Date: Orange County Sheriffs Department Sandra Hutchens (Sheriff) Date: APM0VW As 70 rcitld OFFaE OF 7HE oourm cour IY awaoe oowrrv, WFORM A la— a � um Attachment "C" Page I of 1 Orani_-c County Air Rescue Operatint Plan The following represents Orange County Sheriff- Coroner Department (OCSD) and Orange County Fire Authority (OCFA) agreement regarding response to Search and Rescue (SAR) and Orange County Emergency Medical Services (EMS) calls within the response area as defined in the Memorandum of Understanding (MOU). OCSD and OCFA will share responsibility for SAR and EMS as follows: Each PARTY will he the primary responder every other week, alternating full weeks from Sunday at 0600 hours ending the following Sunday at 0559 hours. The first week will be Sunday August 6, 2017 and will be assigned to OCSD and alternate thereafter. OCFA Daily Status Report will reflect which agency is Primary Air (helicopter) SAR, EMS responder for that week. Public Safety Answering Point (Dispatch Center) will immediately notify the designated agency that is Primary for the respective week The following defines the duties of each PARTY when it serves as the primary responder: OCFA as Primary: • OCFA responds and directs its assets at its discretion, pursuant to OCFA protocols and PI actices • OCSD assets (air or ground) will respond only when requested by OCFA OCSD as Primary o OCSD responds and directs its assets at its discretion, pursuant to OCSD protocols and practices o OCFA assets (air or ground) will respond only when requested by OCSD The following describes areas llwt are the exclusive jurisdiction of OCSD and/or OCFA unless the PARTY is requested to assist: • OCSD Jurisdiction • Air and Crround SAR for uninjuredf lost, or missing persons • Investigation of criminal incidents • OCFA maybe: requested to assist, as necessary OCFA Jurisdiction Responsible for Fire Operations o OCSD may be requested to assist, as necessary Response to municipal incidents. OCSD will NOT respond to municipal (Non -OCFA) agencies unless directly requested by its Non -OCFA Incident Command. The municipal entity will decide which PARTY will respond.