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2137 MOU SCSO re: Sheriffs owned helicoptersAoq MEMORANDUM OF UNDERSTANDING BETWEEN THE SEMINOLE COUNTY SHERIFF'S OFFICE, SEMINOLE COUNTY, AND THE CITY OF SANFORD REGARDING THE OPERATION OF SEMINOLE COUNTY SHERIFF'S OFFICE OWNED HELICOPTERS This agreement, is made and entered into by and between DENNIS M. LEMMA, in his official capacity as Sheriff of Seminole County Florida, a Constitutional Officer of the political subdivision of Seminole County, Florida, whose address is 100 Eslinger Way, Sanford, FL 32773, hereinafter referred to as "SHERIFF", SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY" and THE CITY OF SANFORD whose address is Sanford City Hall, 300 North Park Avenue, #203, Sanford, Florida 32771, on behalf of the Sanford Fire Department, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, the SHERIFF and the COUNTY previously possessed a donated helicopter as a result of the Federal Surplus Property Program, commonly referred to as Air Rescue 3 and utilized this helicopter in the mutual performance of their respective missions in providing services to the citizens of Seminole County. This helicopter is no longer in use; and WHEREAS, the SHERIFF currently owns and operates two (2) helicopters, often referred to as ALERT 1 and ALERT 2 used in the performance of its mission of providing law enforcement services to citizens of Seminole County and related law enforcement and public safety functions; and WHEREAS, the COUNTY, through its Fire Department, provides emergency medical services ("EMS"), firefighting and rescue services to the citizens of Seminole County and desires to enhance the quality of its delivery of these public safety services, and WHEREAS, the CITY borders Lake Monroe and as a result, its Fire Department provides emergency medical services ("EMS"), firefighting and rescue services to the citizens of the City of Sanford which includes water rescue services and the CITY desires to enhance the quality of its delivery of these public safety services; and WHEREAS, the SHERIFF agrees to assist both the COUNTY and the CITY with their respective missions in providing services to the citizens of Seminole County and the municipalities within, by use of SHERIFF's helicopters to facilitate the provision of emergency medical services ("EMS"), firefighting, and rescue services to the citizens of Seminole County; and WHEREAS, providing past services has resulted in an exceptional benefit to the residents of Seminole County and such benefit is anticipated to continue for the foreseeable future; and WHEREAS, the COUNTY and CITY do not have their own helicopters for independent use in providing emergency medical service ("EMS"), firefighting, and rescue services to the citizens of Seminole County; and WHEREAS, the SHERIFF is jointly involved with emergency medical services ("EMS"), firefighting, and rescue service missions, provided by the CITY and COUNTY Fire Departments which necessitate use of a helicopter; and HELICOPTER MOU: SCSO-COUNTY-CITY Page 12 WHEREAS, the CITY and COUNTY have personnel who will qualify as crewmembers as defined in this Agreement and the SHERIFF is willing and able to provide helicopter services to enable them to better provide services requiring the use of helicopter assistance; NOW THEREFORE, in consideration of the mutual considerations, understandings, and covenants set forth in this Agreement, the parties agree as follows: SECTION 1. DEFINITIONS. CREWMEMBER. – The term "crew member" means a person assigned to perform duty in an aircraft during flight time, including a pilot, flight officer, or similar personnel employed by the SHERIFF, COUNTY or CITY, who is assigned to occupy and/or who regularly occupies the helicopter during flight for the purpose of performing a duty essential to the operation of the helicopter. GOVERNMENTAL FUNCTION.—The term "governmental function" means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geological resource management. QUALIFIED NON-CREWMEMBER.—The term "qualified non-crewmember" means an individual, other than a member of the crew, aboard an aircraft whose presence is required to perform, or is associated with the performance of, a governmental function. SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the respective and mutual obligations and responsibilities of the SHERIFF, COUNTY and CITY pertaining to the operation and use of the helicopters to conduct "public aircraft operations" in order to accomplish qualified governmental functions for the benefit of the citizens of Seminole County. SECTION 2. TERM. The term of this Agreement shall be from January 1, 2019, the dates of parties signatures notwithstanding, until September 30, 2021. Thereafter, this Agreement shall automatically renew for additional two (2) year terms until one of the parties issues written notice of not less than sixty (60) days to the other parties of its intent to terminate the Agreement. SECTION 3. COMPLIANCE WITH REGULATIONS. The SHERIFF shall be responsible for ensuring that the aircraft remain in operational compliance with all Federal laws and Federal Aviation Administration regulations, rules, and procedures. The SHERIFF shall advise the COUNTY and CITY promptly in the event that an aircraft fails to meet the requirement of any laws, regulations, rules, or procedures which govern its operation. SECTION 4. AUTHORIZED HELICOPTER OPERATIONS. In order to maintain the helicopter's public aircraft status as defined in Title 49 of the United States Code (49 U.S.C.) §§ 40102(a)(41) and 40125 and incorporated herein by reference, helicopter operation use shall be limited to performing governmental functions consistent with the mission of the SHERIFF and COUNTY and CITY. HELICOPTER MOU: SCSO-COUNTY-CITY Page 13 SECTION S. AUTHORIZED OCCUPANTS OF HELICOPTER. (a) In order to maintain its public aircraft operational status, only rescue victims, designated crew members or qualified non-crewmembers are authorized to occupy the helicopter during flight. (b) The SHERIFF, COUNTY and CITY shall develop and implement policies and procedures setting forth flight crew qualifications and passenger configurations for the types of missions as set forth within this Agreement. SECTION 6. STORAGE AND SECURITY. (a) The SHERIFF agrees to bear all costs and responsibility for the storage of the helicopters at a location, which complies with all Federal laws and F.A.A. requirements applicable to the aircraft. (b) The SHERIFF agrees to be responsible for the security of the helicopters at the hanger and all associated parts and equipment stored at the hanger location to ensure that the safety and efficient operation of the helicopters is not compromised by unauthorized persons. Section 7. TRAINING AND CERTIFICATION OF PILOT AND OTHER CREW MEMBERS. (a) Pilots The SHERIFF shall bear the responsibility for ensuring the pilots operating the helicopters are fully trained and certified in compliance with all Federal laws and F.A.A. regulations applicable to the aircraft. The SHERIFF shall maintain training records on file for all pilots. (b) Other Crew Members & Qualified Non-Crewmembers The SHERIFF, COUNTY and CITY shall each bear the responsibility of ensuring that their respective employees, that serve as crewmembers or qualified non-crewmembers aboard the helicopters, are fully trained both in the operational aspects of the helicopters and in their respective public safety or law enforcement assignment(s) to the helicopters. The SHERIFF, COUNTY, and CITY shall develop and implement policies and procedures for the training and proficiency of crewmembers or qualified non-crewmembers. SECTION 8. COMMAND ISSUES AND SEPARATION OF DUTIES. (a) Response to Calls for Service The helicopter commander shall be under the employ of the SHERIFF and shall have the ultimate authority to determine the prioritization of helicopter responses to calls for service. Life/Safety missions shall receive mission priority and shall be set forth in operation protocols established by the SHERIFF in consultation with the Fire Departments of the COUNTY and CITY and which the SHERIFF, COUNTY and the CITY shall adopt. The helicopter commander shall also have the ultimate authority as to whether the helicopter flies in inclement weather conditions. (b) The Flight Command of Helicopter HELICOPTER MOU: SCSO-COUNTY-CITY Page 14 The helicopter commander shall have exclusive and sole command of all decisions concerning the helicopter's operation during flight. (c) Command of Public Safety Personnel and Duties The respective Fire Chief or his designees shall have exclusive and sole command over all County and City Fire Department employees and all County and City Fire Department decisions and services during operational missions, subject to the helicopter commander's superior authority with respect to helicopter operations during flight. (d) Command of Law Enforcement Personnel and Duties The SHERIFF'S Special Operations Division Commander, or his/her designee, shall have exclusive and sole command over all law enforcement employees and law enforcement decisions and services during operational missions, subject to the helicopter commander's superior authority with respect to helicopter operations during flight. The decision of the SHERIFF shall be final and conclusive as to the level of services, or standard of performance by the Sheriff's Office. The decision of the applicable Fire Chief shall be final and conclusive as to the level of services, or standards of performance by the County Fire Department or the City Fire Department. SECTION 9. RESPONSIBILITY FOR HELICOPTER OPERATIONS EXPENSES (a) Property Insurance. The SHERIFF shall acquire and maintain insurance coverage for damage or loss of the helicopters and any equipment and components installed in the helicopters in accordance with a price listing of such equipment to be compiled by the SHERIFF. (b) Hull Insurance. The SHERIFF shall acquire, maintain and pay for such insurance necessary to replace or restore the helicopter hulls and major airframe components, including the motors, rotor blades, and transmissions. (c) Liability Insurance. a. SHERIFF shall acquire, maintain, and pay for Liability Insurance covering Bodily Injury, including Death, and Property Damage losses caused by the operation of the helicopters in the amount of not less than ONE MILLION and NO/100 DOLLARS ($1,000,000) combined single limit Per Occurrence and TWO MILLION and NO/100 DOLLARS ($2,000,000) Annual Aggregate. The insurance coverage acquired by SHERIFF shall name COUNTY and CITY as an additional insured, to the extent allowed by Section 768.28, Florida Statutes. b. COUNTY and CITY shall each acquire, maintain, and pay for Liability Insurance covering Bodily Injury, including Death, and Property Damage losses caused by the operation of the helicopter in the amount of not less than ONE MILLION and NO/100 DOLLARS ($1,000,000) combined single limit Per Occurrence and TWO MILLION and NO/100 DOLLARS ($2,000,000) Annual Aggregate. The insurance coverage acquired by the COUNTY and the CITY shall each name the SHERIFF as an additional insured, to the extent allowed by Section 768.28, Florida Statutes. HELICOPTER MOU: SCSO-COUNTY-CITY Page 15 (d) Pilot Training. The cost of pilot training shall be borne by the SHERIFF. For purposes of the Agreement, "training expenses" include course fees, course expenses, and if applicable, airfare, hotel expenses and per diem costs. (e) Crew Member Training. Each Party shall bear the cost of crewmember and qualified non-crewmember training for their respective employees. (f) Salaries, Benefits and Other Compensation. The SHERIFF, COUNTY and CITY shall be individually responsible for the payment of all salaries, benefits, and other compensation due to and owing to their respective employees who perform duties and tasks pertaining to the operation or use of the helicopters. (g) Helicopter Maintenance and Repairs. The operational responsibility for insuring routine maintenance and repairs to the helicopters are accomplished shall be the sole responsibility of the SHERIFF. (h) Fuel. The SHERIFF shall be responsible for the fuel expenses pertaining to use of the helicopters for joint missions. (i) Equipment. The SHERIFF, COUNTY and CITY shall be individually responsible for the cost of acquiring and maintaining any equipment utilized aboard the helicopters which pertains to the accomplishment of their respective missions. (j) Extraordinary Expenses. All parties agree that in the event an extraordinary expense(s) pertaining to the helicopters develops and such expense was not budgeted for, that the parties will endeavor to acquire the funding necessary to correct the deficiency; provided, however, that the parties shall not be under any obligation to provide such funding. (k) Annual Budget. The SHERIFF shall include all costs for operation, use and maintenance to include insurance costs in its annual budgetary request from the COUNTY and shall list said costs separately by group. SECTION 10. PERSONNEL ISSUES. (a) The SHERIFF, COUNTY and CITY shall be individually responsible for the payment of any sums or indemnification for injuries or sickness arising out of the performance of duties under this Agreement, which may be owed or due to their respective employees. (b) COUNTY and CITY employees performing duties under the Agreement shall be deemed at all times to be employees of the COUNTY or CITY as applicable and not employees or agents of the SHERIFF for all purposes, including but not limited to, Worker's Compensation and Tort Liability, pursuant to Section 768.27, Florida Statutes. At all times when COUNTY or CITY employees are performing duties pursuant to this Agreement, the employee shall be deemed to be acting within the course and scope of his or her employment as an employee of the COUNTY or CITY. (c) SHERIFF's employees performing duties under this Agreement shall be deemed at all times to be employees of the SHERIFF and not employees or agents of the COUNTY or CITY for all purposes including but not limited to Workers' Compensation and Tort Liability , pursuant of Section 768.28, Florida Statures. At all times when the SHERIFF's employees are performing duties pursuant to this Agreement, the HELICOPTER MOU: SCSO-COUNTY-CITY Page 16 SHERIFF's employee shall be deemed to be acting within the course and scope of his or her employment as an employee of the SHERIFF. (d) It is understood and agreed by the parties that no COUNTY or CITY employee shall be deemed an employee of the SHERIFF and no SHERIFF employee shall be deemed an employee of the COUNTY or CITY. (e) The employees of the SHERIFF, COUNTY, and the CITY who take part in the operation of the helicopter as either a crewmember or qualified non-crewmember shall be governed by their respective employer's policies, procedures, and standards of performance. Employee disciplinary decisions shall be made by the respective employing entity in accordance with that employers' applicable disciplinary procedures. SECTION 11. DISPUTE RESOLUTION. Employment. Disagreements with, or complaints about the performance of an employee by an employee of another party shall be referred to the complaining employee's chain of command. If the complaining employee's supervisor is unable to informally resolve the dispute, the issue will be referred to the supervisor of the employee who is the subject of the complaint. If the dispute cannot be resolved at this level then the dispute shall be taken through the chain of command of the respective parties until resolution is achieved. SECTION 12. TERMINATION. Any party's participation in this Agreement may be terminated at any time, with or without cause, upon no less than sixty (60) days written notice to the other parties. SECTION 13. NOTICES. Whenever any party desires or is required by law to give any notice to the other party, written notice shall be sent by certified mail or hand -delivery to: For County: Nicole Guillet, County Manager Seminole County Services Building 1101 East 1st Street Sanford, Florida 32771 For City of Sanford: Norton N. Bonaparte, Jr., City Manager 300 N. Park Ave. Sanford, Florida 32771 SECTION 14. ENTIRE AGREEMENT. For Sheriff: Dennis M. Lemma, Sheriff Seminole County Sheriff's Office 100 Eslinger Way Sanford, Florida 32773 It is understood and agreed that the entire agreement of the parties is contained in this Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreement presently in effect between the parties, relating to the subject matter of this Agreement. HELICOPTER MOU: SCSO-COUNTY-CITY Page 17 Any alterations, amendments, deletions, or waivers of the provisions of the Agreement shall be valid only when expressed in writing, approved by the respective parties, and duly executed on behalf of each party. IN WITNESS WHEREOF, SHERIFF, COUNTY, and CITY have caused this MOU to be executed, the agreement to become effective and operative with the date of execution of the last signature below. For the use and reliance of the Seminole County Sheriff Only. Approved as to Form and Legal Sufficiency. 13y: MARY A LEIN, General Counsel SEMINOLE COUNTY SHERIFF'S OFFICE DENNIS M. LEMMA, Sheriff of Seminole County Date: r° J ) Date: ® Q HELICOPTER MOU: SCSO-COUNTY-CITY Page 18 ATTEST: TRACI HOUCHIN, CMC, FCRM City Clerk Date: • 1 C, Approved as to Form and Legality. WILLIAM L. COLBERT, City Attorney CITY OF SANFORD By: NORTON N. B PAR E, JR., City Manager Date:_ a HELICOPTER MOU: SCSO-COUNTY-CITY Page 19 ATTEST: Clerkto't"e.Board.af.•••°= County C8FnMissiori` res ` 4y Seminole County; Flbrda. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. r�NIV ■ ...�., M Date: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA BRENDA CAREY, Chairman As authorized for execution by the Board of Count Commissioners at its 20 regular meeting.