Loading...
HomeMy WebLinkAboutAGMT - Orange County (Exchange of Lifeguard Services) EMERGENCY RESPONSE AGREEMENT FOR EXCHANGE OF OPEN WATER LIFEGUARD SERVICES THIS AGREEMENT, made and entered into this 27th day of January 2005, 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 as "The Agencies" 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: 1. 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 be 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. Each agency shall, at its own expense, develop and provide for the necessary cross connections of its communication system with the communication system of the other. 3. Each agency shall, at its own expense, provide to the other agency a predetermined grid mapping system designating the response area for its areas included in this Agreement. 4. The services provided by each agency pursuant to this Agreement shall be provided at no cost to the other agency. In the event a state or local emergency is declared, this Agreement shall not constitute a waiver of the rights of the respective agency's to claim state and /or federal reimbursement. 5. The agencies' designee or their designated representatives shall determine and agree upon the capabilities of each agency 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 its own jurisdiction and the availability of its resources. 7. For purposes of liaison and the administration of this agreement, the agencies' designees are designated as the representatives of each agency to this Agreement, and they shall be jointly responsible for administration of this Agreement. 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. 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. This Agreement is not intended to confer any legal rights or benefits on any person or entity 2 i other than the parties of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. 04.4 1 K By: ( Dated: C(- i - 05 COUNTY OF ORANGE BY: Dated: CITY OF HUNTINGTON BEACH By: See / t±»c-hie o Dated: CITY OF LAGUNA BEACH By: 4 Dated: a/ alas" LAKE MI JON VI ASSOCIATION By: : -t I Dated: .. /S /C' CITY OF NEWPORT BEACH By: `. �' Dated: CITY OF SAN CLEME■ By: `_ Dated: t7 CIT 0 EAC By: la ° Dated: 3 APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By *1._ A- UL7-- Deputy 3 Date: ci • �► MEMORANDUM OF UNDERSTANDING FOR EXCHANGE OF OPEN WATER LIFEGUARD SERVICES This Memorandum of Understanding (MOU) is authorized by the agency designees in an Agreement for Exchange of Open Water Lifeguard Services dat,d January 27, 2005 and 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 askiaseisailaiiilisisreivaidis4111111NONMeaCounty 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. This MOU provides the specific details for day -to -day operations. This MOU shall by reference incorporate all of the provisions of the Emergency Response Agreement for Exchange of Open Water Lifeguard Services. In no event shall any jurisdiction be obligated to provide services if that jurisdiction determines at it sole and absolute discretion that it does not have the resources to respond. Changes in this written MOU may be made at any time by mutual written agreement of the agency designees. A signed amendment to this document will be prepared accordingly and distributed to all holders. AMOUNT AND TYPE OF ASSISTANCE This MOU is for the exchange of emergency Open Water Lifeguard Services. The identified open water lifeguard resources will respond to emergencies as set forth below. For the purposes of this MOU, the following definitions will apply to identified resources: Incident Commander: refers to an officer capable of and responsible for commanding incident resources and overall scene management. Land Unit: refers to a Open Water Lifeguard resource with 4 wheel drive capability capable of driving on soft sand, with a minimum staffing level of 1. 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 a Open Water Lifeguard resource capable of carrying passengers inside enclosed gunnels with a minimum of 2 persons on board consisting of an operator and a deckhand. 1 • • 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 authority having jurisdiction will have the ultimate authority to assume command. All operations will be conducted in a coordinated and organized manner. INCIDENT REPORTS When units of both agencies have responded to an incident, the unit of the agency having jurisdiction will be responsible for preparing the incident report. When no units 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. DISPATCH AND COMMUNICATIONS Request for services will follow the guidelines noted below: a) Contact shall be made to the dispatch center through pre - established communication links requesting a resource by department and unit type identified in this Agreement. b) All necessary information including address, type of emergency, tactical radio frequency and related information that is available shall be relayed to 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 the requested type of unit is not available and located so as to result in an extended response time, the requesting agency's dispatch center will be advised of the delay to ensure that the closest unit will respond. e) If the requested unit encounters delays resulting from seasonal, traffic, 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. 2 • • TRAINING Periodic interagency training shall 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 the other 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. BY: BY: (/ Park District Supervisor, County of Orange Date: Date: - G BY: and Ry \ Direc or, ' ommunity �e 1ices, Marine afety Chief, City , •f ntington Beac' City of Laguna Beach Date: Date: 2' , BY: Ar Swim 4 Lifeguard Captain - 1 , Lake Mission Viejo Association City of Newpo Beach Date: 5- Date: 3! S G 5 BY: L.�.1� ��.. BY: --/ Marine Safety Chi f, Lifeguard Captain, City of San Clemente City of Seal Beach Date: J- - Date: 3 / I 0 ( • • CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATr1L w ( WA APPROVED AS TO FORM: fp" Myo ATTEST: AA C'ty Attorney - '.S Wig INITIATED AND APPROVED: Clerk REVIEWED AND APPROVED: Difector, Community SOrices Ci Administrator (5/J1/4 CITY OF LAGUNA BEACH By: Dated: LAKE MISSION VIEJO ASSOCIATION By: Dated: CITY OF NEWPORT BEACH By: Dated: CITY OF SAN CLEMENTE By: Dated: CITY OF SEAL BEACH Dated: 4