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Home My WebLink AboutOrange County Fire FRIENDS - 2005-05-02 Flynn, Joan From: McGrath, Jennifer Sent: Wednesday, April 26, 2006 11=07 AM To: Flynn, Joan; Olson, Duane S. Subject: OCFA Friends MOU Per the MOU, only signatories are members of the team. It is not necessary to peed the MOU for signatures of all parties. Jennifer ' 1 ._.l . Council/Agency Meeting Held: Deferred/Continued to: 71�Aroved ❑ Conditional) Approved ❑ Denied C' ler ' Sign re PP Y PP Council Meeting Date: May 2, 2005 Departme Number: FD05 006 C= CD CITY OF HUNTINGTON BEACH �' _ REQUEST FOR COUNCIL ACTION 7 SUBMI TTED TO: HONORABLE MAYOR AND CITY COUNCIL RA� EMBERSSUBMITTED BY: PENELOPE�J�BR�ET -CGAd Inistratort it PREPARED BY: DUANE OLSON, Fire Chief SUBJECT: AUTHORIZE FIRE CHIEF TO SIGN ORANGE COUNTY FIRE F.R.I.E.N.D.S. MEMORANDUM OF UNDERSTANDING S tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: It is requested that the City Council authorize the Fire Chief to sign the attached Orange County Fire F.R.I.E.N.D.S. Program (Firesetter Regional Intervention Education Network and Delivery System) Memorandum of Understanding (M.O.U.). This authorization will allow the City to participate in this program, which provides resources for assisting children and families with education and appropriate intervention to eradicate the tragic impacts of juvenile fire setting. Funding Source: None required. Recommended Action: MOTION TO: Authorize the Fire Chief to sign the Orange County Fire F.R.I.E.N.D.S. M.O.U. Alternative Action(s): 1) Do not authorize the Fire Chief to sign the M.O.U. and direct City staff as appropriate. Analysis: The Orange County Fire F.R.I.E.N.D.S. Program was introduced in the County in 1998 for the purpose of reducing the instances of juvenile fire setting. Specifically, this program provides for the sharing of confidential information regarding juvenile fire setters between public agencies within the County. It works by assisting children and families with education and appropriate intervention to eradicate the tragic impacts of juvenile firesetting in the community. It is estimated that children under the age of 18 start over 1,000 fires per year in Orange County. Orange County Fire F.R.I.E.N.D.S encompasses a countywide approach to addressing the problem of juvenile firesetting. Member agencies include most fire departments in the county, Children's Hospital of Orange County, and the Office of the District Attorney and Probation Department. �3 R UEST FOR COUNCIL ACTIR Q o MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: FDO5 006 Analysis (Cont.): In order for multiple agencies to legally share confidential information regarding participants in the Fire F.R.I.E.N.D.S Program, each agency must be bound by the same rules protecting the privacy of the children and their families. By authorizing the Fire Chief to sign this agreement, each agency agrees to maintain the confidentiality of all records regarding any person involved in the program. This information includes the name, birth date, place of birth, social security number, physical and behavioral health, child care, school, financial, and social service information about a person. The attached agreement has been reviewed and approved as to form by the City Attorney. Environmental Status: Not applicable. Attachment(s): City Clerk's • . . - Number No. Description 1. Orange County Fire F.R.I.E.N.D.S. Memorandum of Understandin RCA Author Olson/Justen/Smith FDO5 006 Authorize Fire Chief to Sign Orange County Fire F.R.I.E.N.D.S.M.O.U. -2- 411312005 3:44 PM ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING WHEREAS, the Orange County Fire FRIENDS (Firesetter Regional Intervention Education Network and Delivery System) Program (Program) solicits funds to implement a comprehensive system for the delivery of assessment, education, intervention and mental health services to children with serious emotional disturbance (particularly juvenile firesetting) and to their families; and WHEREAS, the following agencies are members of the multidisciplinary services team within the integrated children's services program, Orange County Fire FRIENDS: Children's Hospital of Orange County; Orange County Fire Authority; La Habra Fire Department; Santa Ana Fire Department; Orange Fire Department, Garden Grove Fire Department, Costa Mesa Fire Department, Orange County Probation Department; Orange County Juvenile Court; and Orange County District Attorney; and WHEREAS, Welfare and Institutions Code § 827 provides that juvenile court records may be inspected by judges, referees, other hearing officers, probation officers and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor; persons or agencies providing treatment or supervision of the minor; any other person who may be designated by court order of the judge of the juvenile court upon Fling a petition; and WHEREAS, Welfare and Institutions Code § 827,subdivision (b) (1) provides that while the Legislature reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence and other forms of delinquency; and WHEREAS, Welfare and Institutions Code § 830.1 allows members of a multidisciplinary personnel team engaged in the prevention, identification, and control of crime to disclose and exchange non-privileged information and writings to and with one another relating to any incidents of juvenile crime that may also be a part of a juvenile court record or otherwise designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or control of juvenile crime; and WHEREAS, Welfare and Institutions Code § 830.1 defines"Multidisciplinary Team" to mean any team of three or more persons, the members of which are trained in the prevention, identification, and control of juvenile crime, including but not limited to, criminal street gang activity, and are qualified to provide a broad range of services related to the problems posed by juvenile crime and criminal street gangs. The team may include, but is not limited to: (a) Police officers or other law enforcement agents (b) Prosecutors Page I of 6 (c) Probation officers (d) School district personnel with experience or training in juvenile crime or criminal street gang control (e) Counseling personnel with experience or training in juvenile crime or criminal street gang control (f) State, county, city or special district recreation specialists with experience or training in juvenile crime or criminal street gang control; and WHEREAS, Welfare and Institutions Code § 5328 provides that all information and records obtained in the course of providing mental health services under Division 4, Division 4.1, Division 4.5,Division 5, Division 6, or Division 7 of the Welfare and Institutions Code, to either voluntary or involuntary recipients of such mental health services shall be confidential; and WHEREAS, Welfare and Institutions Code § 5328 provides that information and records may be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals. The consent of the patient, or his or her guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patient's care. NOW THEREFORE, the parties hereto agree as follows: 1. The Parties The initial participating agencies, which have currently designated representatives to the Orange County Fire F.R.I.E.N.D.S. Multidisciplinary Team are as follows: Children's Hospital of Orange County Anaheim Fire Department Orange County Fire Authority Brea Fire Department La Habra Fire Department Newport Beach Fire Santa Ana Fire Department Department Garden Grove Fire Department Fountain Valley Fire Orange Fire Department Department Costa Mesa Fire Department Huntington Beach Fire Orange County Probation Department Department Orange County Juvenile Court Orange County District Attorney The Multidisciplinary Team may approve the membership of new agencies provided that no confidential information shall be shared with such new agencies until such agencies shall have delivered to the program a fully executed original of this Agreement subject to the written consent required hereunder. As a condition of membership, all new members agree to be bound by the terms of this Agreement and all other Program policies and procedures. Page 2 of 6 H. Confidentiality Policy Each party agrees to maintain the confidentiality of any and all records pertaining or containing confidential information about any person pursuant to all applicable provisions of law and implementing regulations promulgated thereunder relating to privacy and confidentiality, as they exist now, or as they may be amended hereafter. Confidential information includes the name,birth date,place of birth, social security number, physical and behavioral health, childcare, school, financial, and social service information about a person. No confidential information about a person shall be shared between members of the Multidisciplinary Team staff and participating agencies, without the written consent of the person, or the person's legal representative. The Multidisciplinary Team member that refers a juvenile into the program assumes full responsibility for obtaining fully executed consent forms from that juvenile and his/her parent(s) before making the confidential information available to other Multidisciplinary Team members. III. Term Each party shall be bound by the terms of this Agreement upon the party's execution thereof, and shall remain in effect until such party's withdrawal from the Program. A party may withdraw from the program by providing written notice thereof to the Program. Notwithstanding any such withdrawal, the confidentiality provided for herein shall survive the termination of this agreement and shall continue in effect indefinitely. IV. Relationship of Parties It is understood that this Agreement is not intended to, and shall not be construed to, create a relationship of agent, servant, employee, partnership,joint venture or business association. V. Compliance With State or Federal Requirements Each party to this Agreement will continue to be individually responsible to assure compliance with all State and Federal statutory,or regulatory requirements as established, specific to programs or services administered, managed or provided by each party. V3. Liability Each of the parties to this Agreement shall be solely liable for the negligent or wrongful acts or omissions of its officers, agents and employees occurring in the performance hereof, and if a party becomes liable for any loss or damage as a Page 3 of 6 result of the acts or omissions of its officers, agents and employees, it shall pay such loss or damage without contribution of other parties. Multidisciplinary Team member agencies assume full responsibility for obtaining fully executed indemnification forms from their respective volunteers prior to the volunteer's participation in the Program. VII. Program Representation Each party to this Agreement shall not represent or allow their employees or volunteers to represent the Program without the express written permission of each member of the Multidisciplinary Team. Each party also agrees not to share with or sell to any agency or entity, any modules, lesson plans,procedures,or educational materials except with the written permission or as agreed to by the Multidisciplinary Team. VIII. Program Participation Each party must designate a single contact person, who shall serve as their agency's representative to the Multidisciplinary Team. Additionally, parties may designate an alternative representative. Representatives will be notified in advance of quarterly Multidisciplinary Team meetings. IX. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof. This Agreement may be executed in any number of counter-parts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: _ _ ✓�CHILDREN'S HOSPITAL OF ORANGE COUNTY By- — - DATED: ZORANGE COUNTY FIRE AUTHORITY By: DATED: LA HABRA FIRE DEPARTMENT By: DATED: ./SANTA ANA FIRE DEPARTMENT By: Page 4 of 6 DATED: ANAHEIM FIRE DEPARTMENT By:__-_ DATED: BREA FIRE DEPARTMENT r By: DATED: "GARDEN GROVE FIRE DEPARTMENT By: DATED: ORANGE COUNTY JUVENILE PROBATION DEPARTMENT By: DATED: ORANGE COUNTY JUVENILE COURT By: DATED: ZORANGE COUNTY DISTRICT ATTORNEY By: DATED: ✓ORANGE FIRE DEPARTMENT By: DATED: COSTA MESA FIRE DEPARTMENT By:. - ....-- DATED: --NEWPORT BEACH FIRE DEPARTMENT By: DATED: FOUNTAIN VALLEY FIRE DEPARTMENT By: - - Page 5 of 6 DATED: HUNTINGTON BEACH HIRE DEPARTMENT By: Q APPROVED AS TO FORM jJENNI ER WGRATH,City Attorney. $y Pa.,l D'Alers,naro A.�t"t City Att�,«y APPROVED AS TO FORM Terry C. Andrus, Authority General Counsel By: Gary W. Crockett, Assistant Authority General Counsel Date: Page 6 of 6 RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: AUTHORIZE FIRE CHIEF TO APPROVE ORANGE COUNTY FIRE F.R.I.E.N.D.S_ MEMORANDUM OF UNDERSTANDING COUNCIL MEETING DATE: L May 2, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) __(Signed in full by the Pity Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR) R.. ED, Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: Olson/Justen/Smith FIRE ORANGE COUNTY FIRE AUTHORITY t_11 Fire Prevention Department-Safety and Environmental Services Section I Fire Authority Road,Irvioe CA 92602- www.ocfa.org-(714)57.3-6250/Fox(714)36848.M �'rNos�t[i January 24, 2006 Patty Esparta Huntington Beach Clerk's Office Second Floor 2000 Main Street Huntington Beach, CA 92640 Dear Ms. Esparta: Subject: Fire FRIENDS Memorandum of Understanding: Copies of Signatures to Date Per our conversation, please find enclosed copies of the signature pages to the Fire FRIENDS Memorandum of Understanding. Including the City of Iluntinbton Beach, this constitutes 12 of the 21 proposed organizations. If there are any questions, please do not hesitate to contact me at 714-573-6260 or by email at karenlx tcrs�i)ocfa.ong. Respec lly submitte Karen R. Peters, Manager Grants Administrator Enclosures: it PC: Kathleen Highland, Program Coordinator +,(�p 121 z- -w Serving the Cities of Aliso Viejo•Buena Park•Cyprus•Dana Point•Irvine•Laguna[lilts•Laguna Niguel•Laguna Woods•lake Fomst•la Palma•LA-A Alatmun • Mission Viejo•Placentia•Rancho Santa Margarita•San Clemente•San Juan Capistrano•Seal Beach•Stanton•Tustin•Villa Park•Westminster•Yorba Linda and Unutcorponued Areas of(range County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVF;LIVES By: DATED: HUNTINGTON BEACH FIRE DEPARTMENT By: DATED: 9-'z KENNETH R FINEMAN, Ph.D. A PSYCHOLOGICAL CORP? TION By: Kenneth R. Fineman, APPROVED AS TO FORM Terry C. Andrus, Authority General Counsel By: Gary W. Crockett, Assistant Authority General Counsel Date: Page 6 of 6 DATED: NEWPORT BEACH FIRE DEPARTMENT ✓ By: DATED: FOUNTAIN VALLEY FIRE DEPARTMENT By: DATED: HUNTING"TON BEACH FIRE DEPARTMENT By: DATED: _ KENNETH R. FINEMAN, PII. D. A PSYCHOLOGICAL CORPORATION By. .- Kenneth R. Fineman DATED: SAN BERNARDINO COUNTY FIRE ✓ DEPARTMENT By: DATED: LOS ANGELES FIRE DEPARTMENT By: / DATE RIVERSIDE COUN Y FIRE DEPARTMENT in cooperation with CALIFORNIA DEPARTMENT OF FORES" RY AND FIR ROTECTION By- ' fLe4�- -- C7 DATED: CITY OF RIVERSIDE FIRE DEPARTMENT By: Page 6 of 7 By: DATED: SANTA ANA FIRE DEPARTMENT By: DATED: ANAHEI A FIRE DEPARTMENT By: DATED: BREA FIRE DEPARTMENT By: DATED: GARDEN GROVE FIRE DEPARTMENT ✓ By: DATED: ORANGE COUNTY JUVENILE PROBATION DEPARTMENT By: DATED: ORANGE COUNTY JUVENILE COURT By: DATED: ORANGE COUNTY DISTRICT ATTORNEY By: DATED: ORANGE FIRE DEPARTMENT By: DATED: COSTA MESA FIRE DEPARTMENT By:_ DATED" I``�► 2� oS NEW BEACH FIR EPARTMENT B - Page 5 of 6 DATED: NEWPORT BEACH FIRE DEPARTMENT By: DATED: FOUNTAIN VALLEY FIRE DEPARTMENT By: DATED: HUNTINGTON BEACH FIRE DEPARTMENT By: - - — DATED: _ KENNETH R. FINEMAN, PH. D. A PSYCHOLOGICAL.CORPORATION By: Kenneth R. Fineman DATED: �ZS _ SAN BERNARDINO COUNTY FIRE DEPARTMENT By. `` � �. DATED: LOS ANGELES FIRE DEPARTMENT By: -- DATED: _ RIVERSIDE COUNTY FIRE DEPARTMENT in cooperation with CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION B y: DATED: _ CITY OF RIVERSIDE FIRE DEPARTMENT By: Page 6 of 7 X. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof Tlis Agreement may be executed in any number of counter-parts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED- Z ORANGE FIRE DEPARTMENT By: JOVW�� X. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof. This Agreement may be executed in any number of counter-parts. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. DATED: D3 GARDEN GROVE FIRE DEPARTMENT By: _ result of the acts or omissions of its officers, agents and employees, it shall pay such loss or damage without contribution of other parties. Multidisciplinary Team member agencies assume full responsibility for obtaining fully executed indemnification forms from their respective volunteers prior to the volunteer's participation in the Program. VII. Program Representation Each party to this Agreement shall not represent or allow their employees or volunteers to represent the Program without the express written permission of each member of the Multidisciplinary Team. Each party also agrees not to share with or sell to any agency or entity, any modules, lesson plans, procedures, or educational materials except with the written permission or as agreed to by the Multidisciplinary Team. Vill. Program Participation Each party must designate a single contact person, who shall serve as their agency's representative to the Multidisciplinary Team. Additionally, parties may designate an alternative representative. Representatives will be notified in advance of quarterly Multidisciplinary Team meetings. 1X. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof. This Agreement may be executed in any number of taunter-parts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: } I�Oda f aao3 _ CHiLDREN'S HOSPITAL OF ORANGE COUNTY DATED: ORANGE CO IRE AUTHORITY By: Z4��n_D LA HABRA FIRE DEPARTMENT �} f By: DATED: NTA MENT By. Pagc 4 of 5 result of the acts or omissions of its officers, agents and employees, it shall pay such loss or damage without contribution of other parties. Multidisciplinary Team member agencies assume full responsibility for obtaining fully executed indemnification fors from their respective volunteers prior to the volunteer's participation in the Program. VII. Program Representation Each party to this Agreement shall not represent or allow their employees or volunteers to represent the Program without the express written permission of each member of the Multidisciplinary Team. Each party also agrees not to share with or sell to any agency or entity, any modules, lesson plans, procedures, or educational materials except with the written permission or as agreed to by the Multidisciplinary Team. VIII. Program Participation Each party must designate a single contact person, who shall serve as their agency's representative to the Multidisciplinary Team. Additionally, parties may designate an alternative representative. Representatives will be notified in advance of quarterly Multidisciplinary Team meetings. IX. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof. This Agreement may be executed in any number of counter-parts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: 0 0(o ( ao03_ CHILDREN'S HOSPITAL OF ORANGE COUNTY By: � DATED: ORANGE COUN IRE AUTHORITY By: Z�� DATED: LA HABRA FIRE DEPARTMENT By- DATED: SANTA ANA FIRE DEPARTMENT By.- Page 4 of 5 X. Entire Agreement This Agreement constitutes the entire agreement between the participating agencies with respect to the subject matter hereof. This Agreement may be executed in any number of counter-parts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: 46J 03 CI IILDREN'S HOSPITAL OF ORANGE CO TY DATED: GARDEN GROVE FIRE DEPARTMENT By: _ DATED: ORANGE COUNTY JUVENILE PROBATION DEPARTMENT By: DATED: ORANGE COUNTY JUVENILE COURT By: DATED: ORANGE COUNTY DISTRICT ATTORNEY By: / DATED: --��i'- Z ORAN FIRE DEPARTMENT By: - - DATED: COSTA MESA FIRE DEPARTMENT By: APPROVED AS TO FORM Terry C. rus, A 4ofity General Counsel roc Assistant Authoritv General Counsel Date: //- O 'er o Page 5 oF5