HomeMy WebLinkAboutC-3755 - Emergency Response Agreement for Exchange of Open Water Lifeguard ServicesEMERGENCY RESPONSE
AGREEMENT FOR EXCHANGE OF
OPEN WATER LIFEGUARD SERVICES
THIS AGREEMENT, made and entered into this 27th day of January 2005, by and between
--0 _ a --"S 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 Goveming 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.
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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
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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.
By:
-> COUNTY OF ORANGE
Dated:
BY: Dated:
CITY OF HUNTINGTON BEACH
By: See A+hoc-ADated:
CITY OF LAGUNA BEACH
By: fe-"-med 1-rig"'""" Dated:
LAKE MISSION VIVIF-50 ASSOCIATION
By. r - ✓_ ( —" Dated:
CI
By:
CITY OF SAN CLEM
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APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CAUFORNIA
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 dated 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 ounty 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:
SCUBA Diver:
Rescue Boat:
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.
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.
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.
• •
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.
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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:
r f r
s rr J
Date:
BY:
Direc or, ommunity eces,
City •f ntington Beac
Date:
BY: 41C /
Lifeguard Captain
Lake Mission Viejo Association
Date: 5 - I C-e a <
BY: /3.4GL
Marine Safety Chief,
City of San Clemente
Date: t- /t-aS'--
BY: (JV 1 L Ceti k oc_0&
Park District Supervisor,
County of Orange
Date:
BY:
Marine'Safety Chief,
City of Laguna Beachac
Date: ,.7`'�'^ C7.J
BY:
City of Newpo
Date: --l5-GS-
BY: r' `
Lifeguard Captain,
City of Seal Beach
Date: 3 / I 0
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CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
ATTEST:
REVIEWED AND APPROVED:
Cifv Administrator
f Pt'
APPROVED AS TO FORM:
INITIATED AND APPROVED:
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:
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