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Home My WebLink AboutORANGE COUNTY SHERIFF'S DEPARTMENT (2) - 2011A-2011-173A MEMORANDUM OF UNDERSTANDING Between the County of Orange, by and through the Orange County Sheriff-Coroner Department, and the City of Santa Ana Regarding the Assignment of a Santa Ana Police Corporal to the Sheriff's Air Support Unit ARTICLE I: PURPOSE This Memorandum of Understanding (MOU) is entered into by the County of Orange, by and through the Orange County Sheriff-Coroner Department (hereinafter "COUNTY") and the City of Santa Ana (hereinafter "CITY), collectively referred to as "the parties". This MOU establishes and defines a partnership between the parties that will allow for the assignment of a CITY employee to the SHERIFF's Air Support Unit to function as a pilot , to learn the operations of the SHERIFF's Air Support Unit and to provide an opportunity for the parties to develop and practice interagency protocols. ARTICLE II: SCOPE The parties acknowledge that law enforcement aviation units are beneficial supplements to traditional ground units. The parties acknowledge that it is in the public interest to enhance cooperation among City and County law enforcement agencies. The parties acknowledge that the COUNTY and the CITY have entered a separate Agreement whereby the COUNTY will provide law enforcement helicopter services to the CITY. ARTICLE III: CITY DUTIES CITY shall provide a full-time sworn police officer employed by the CITY (hereinafter "CITY's corporal") for assignment to the SHERIFF's Air Support Unit. CITY's corporal is and shall be acting at all times as an employee of CITY and not as an employee of COUNTY. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY's corporal. Salary, benefits and overtime of CITY's corporal will be paid by CITY. CITY shall be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation and other payroll deductions of CITY's corporal. Responsibility for the conduct of CITY's corporal will remain with the CITY. Evaluation and investigation of any complaints regarding CITY's corporal will be referred to CITY. Disciplinary actions against CITY's corporal will be undertaken or administered solely by CITY. Page 1 of 5 ARTICLE IV: COUNTY DUTIES COUNTY shall participate in the selection process for officers assigned to the unit as flight crewmembers and reserves the right to revoke assignments without cause. Officers assigned to the SHERIFF's Air Support Unit pursuant to this agreement shall meet all requirements set forth in the SHERIFF's Air Support Unit Operations Manual. ARTICLE V: INDEMNIFICATION A. CITY shall defend at its expense including attorney's fees and with counsel approved in writing by COUNTY, indemnify and hold harmless COUNTY and its officers, employees, and agents (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate directly or indirectly to any services provided under this MOU including, but not limited to, activities that relate in any way to this MOU including the negligent and/or willful acts, errors and/or omissions of CITY, its elected and appointed officials, officers, agents, employees, including CITY's corporal, subcontractors or independent contractors. Notwithstanding the foregoing, nothing herein shall be construed to require CITY to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. B. CITY shall defend at its expense including attorney's fees and with counsel approved in writing by COUNTY, indemnify and hold harmless COUNTY and its officers, employees, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), brought by CITY's corporal, his or her personal representatives, heirs, decedents, or estate,arising out of CITY's corporal's activities under this MOU. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. Any and all liability for workers compensation benefits that may be due to CITY's corporal or to his or her estate shall remain the responsibility of CITY. C. COUNTY shall defend at its expense including attorney fees and with counsel approved in writing by CITY, indemnify and hold harmless CITY and its officers, employees, and agents with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the sole negligence or willful misconduct by COUNTY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. Page 2 of 5 D. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. ARTICLE VI: DURATION This MOU will become effective July 1, 2011 upon the approval by the Orange County Board of Supervisors and the Santa Ana City Council. This MOU will remain in effect for the duration of the Agreement for Law Enforcement Helicopter Services between the COUNTY and the CITY. Notwithstanding the foregoing, CITY or COUNTY may terminate this MOU at any time for any reason following written notification to the other party. SHERIFF or SHERIFF's designee also retains the right to refuse the City's corporal from the SHERIFF's Air Support Unit for any reason on any occasion. ARTICLE VII: TRAINING The CITY's corporal will be subject to and meet all of the requirements for pilots as set forth in the COUNTY's Pilot Training Program. This training will be provided by SHERIFF's personnel and designated professional training facilities with all associated costs being the responsibility of the CITY. The cost of such training is in addition to the cost for helicopter service set forth in Exhibit "A" and will be billed directly to the CITY. ARTICLE VIII: NOTICES AND COMMUNICATION A. All written notices authorized or required by this MOU shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: ATTN: CHIEF OF POLICE 60 CIVIC CENTER PLAZA SANTA ANA, CA 92702 COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER SHERIFF-CORONER DEPARTMENT 320 N. FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 Page 3 of 5 Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. B. The CITY's corporal will communicate directly with the SHERIFF's Sergeant assigned to the Air Support Unit and the Special Enforcement Bureau Commander regarding schedules, training calendar and other topics as needed to effectively participate in activities with the SHERIFF's Air Support Unit. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this MOU in the County of Orange, State of California. CITY OF SANTA ANA DATED: 2-I Paul Wa s, Interim City Manager City of Santa Ana COUNTY OF ORANGE DATED: BY: ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa E. Storck Assistant City Attorney RECO MENDED FOR APPROVAL: Paul Walters Chief of Police Chair of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79-1535 Attest: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: Deputy RECOMMENDED FOR APPROVAL: Sandra Hutchens Sheriff-Coroner Page 5 of 5