1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF REDONDO BEACH
AND
THE CITY OF TORRANCE
FOR BACKUP 9-1-1 CALL-TAKING SERVICES
PURPOSE
This Memorandum of Understanding ("MOU") is entered into by and between the City of Redondo Beach ("Redondo Beach") and the City of Torrance ("Torrance") for the purpose of establishing procedures for temporary backup 9-1-1 call-taking services during periods when Redondo Beach is unable to receive or process 9-1-1 calls. Redondo Beach and Torrance may be referred to herein individually as a “Party” and collectively as the “Parties.” The Parties recognize that uninterrupted public access to emergency communications services is essential to the protection of life and property and desire to maintain continuity of operations through cooperative interagency support.
RECITALS
WHEREAS, Redondo Beach operates a Public Safety Answering Point ("PSAP") for receipt of 9-1-1 emergency calls originating within its jurisdiction; and WHEREAS, Torrance operates a PSAP capable of temporarily receiving diverted 9-1-1 calls from Redondo Beach during emergency or service interruption conditions; and WHEREAS, the Parties desire to establish operational procedures for temporary call diversion and backup call-taking services consistent with applicable California mutual aid principles, emergency services laws, and Cal OES 9-1-1 operational standards.
NOW, THEREFORE, the Parties agree as follows:
1. AUTHORITY. This MOU is intended to support interagency cooperation consistent with the principles of California mutual aid and continuity planning for emergency communications services, including the California Emergency Services Act (Government Code section 8550 et seq.), provisions governing liability among public entities operating under cooperative arrangements (Government Code sections 895 et seq.), and applicable operational standards established by the California Governor’s Office of Emergency Services (“Cal OES”) 9-1-1 Branch.
Nothing in this MOU is intended to supersede applicable federal, state, local laws, or regulations, collective bargaining obligations, or policies governing emergency communications operations, criminal justice information systems, personnel practices, or public records management.
2 2. DEFINITIONS. For purposes of this MOU:
a. "Activation" means the temporary diversion of 9-1-1 calls from Redondo Beach to Torrance under this MOU.
b. "Cal OES" means the California Governor's Office of Emergency Services. c. "CAD" means Computer-Aided Dispatch.
d. "CJIS" means the Federal Bureau of Investigation Criminal Justice Information Services Division and the security policy applicable to criminal justice information. e. "CLETS" means the California Law Enforcement Telecommunications System. f. "Deactivation" means the termination of an activation and the return of 9-1-1 calls to Redondo Beach.
g. "Diverted Calls" means 9-1-1 calls originating in the Redondo Beach service area that are routed to Torrance pursuant to an activation under this MOU. h. "PSAP" means a Public Safety Answering Point.
3. SCOPE. This MOU applies when Redondo Beach is unable, in whole or in part, to answer 9-1-1 calls due to equipment failure, power disruption, network outage, evacuation, staffing emergency, facility inaccessibility, cyber incident, planned maintenance, civil disturbance, natural disaster, or any other event that materially impairs call-taking operations.
Under such circumstances, Torrance shall serve as the backup or alternate PSAP for Redondo Beach 9-1-1 call traffic as authorized and technically enabled by the applicable 9- 1-1 service provider, network administrator, or governing authority, including the Cal OES 9-1-1 Branch.
This MOU addresses temporary emergency call-taking continuity. Dispatch responsibilities, command authority, investigative responsibility, and field response authority remain with the jurisdiction having legal responsibility for the incident unless otherwise agreed in writing or directed by law.
4. TERM. This MOU shall become effective as of the last date of signature below and shall remain in effect until terminated in accordance with this Section.
This MOU may be amended at any time by written agreement executed by authorized representatives of both Parties. Either Party may terminate this MOU upon ninety (90) days' written notice to the other Party, provided that the Parties shall cooperate in good faith to minimize disruption to emergency communications during any transition period or termination of this MOU.
5. ACTIVATION. Redondo Beach may request activation of backup call-taking services when it determines that it cannot safely or effectively continue answering 9-1-1 calls, or when system conditions require diversion of calls to preserve emergency service continuity.
This shall include, but not be limited to equipment failure, power outage, evacuation, staffing emergency, cyber incident, network outage, planned maintenance, civil disturbance, natural disaster, or other emergency conditions. The determination to activate backup services rests solely with Redondo Beach.
3 Activation shall be initiated by an authorized representative of Redondo Beach, including the Communications Supervisor, Communications Manager, or Watch Commander, who shall notify Torrance and any necessary telecommunications, information technology, or 9- 1-1 network partners as soon as practicable.
Redondo Beach will notify Torrance and any necessary telecommunications providers, routing providers, or 9-1-1 network partners as soon as practicable. Redondo Beach will provide available information regarding the nature of the outage, anticipated duration, operational limitations, and any special call-handling instructions.
Torrance shall not unilaterally cease accepting diverted calls during an active activation except in the event of an operational emergency at the Torrance Communications Center that materially impairs its own call-taking capability, in which case Torrance shall provide immediate notice to Redondo Beach.
6. DEACTIVATION. Redondo Beach may deactivate backup services once it determines that normal call-taking operations have been restored. The determination to deactivate rests solely with Redondo Beach.
The Parties shall coordinate restoration of normal call routing with applicable telecommunications providers and the Cal OES 9-1-1 Branch, as necessary.
7. CALL HANDLING.
a. Torrance
i. Upon activation, Torrance shall make reasonable efforts to receive and answer diverted 9-1-1 calls using available systems, routing methods, and operational procedures available at the time of the outage or service disruption, and applicable Cal OES 9-1-1 operational standards.
ii. At a minimum, Torrance shall attempt to obtain the caller's location, callback number, nature of the emergency, and any known officer, responder, or public safety hazards.
iii. Torrance shall relay call information to Redondo Beach personnel, designated Redondo Beach dispatch personnel, or other identified operational contacts through the pre-established communication methods identified by the Parties, which may include dedicated phone lines, radio channels, secure email, CADto-CAD transfer, shared platforms, or other redundant communication pathways.
b. Redondo Beach
i. If Redondo Beach retains dispatch capability but loses only call-taking capability, Redondo Beach will remain responsible for dispatching police, fire, or medical resources within its jurisdiction unless alternative arrangements are specifically activated.
ii. If Redondo Beach is also unable to perform dispatch functions, the Parties may implement additional temporary operational procedures by incident-specific direction, subject to available staffing, technical capability, and supervisory approval.
4 iii. Unless otherwise agreed during a specific activation, Redondo Beach shall remain responsible for dispatching police, fire, and medical resources within its jurisdiction.
Nothing in this MOU transfers law enforcement, fire, EMS, dispatch, or incident command authority between the Parties. Nothing in this MOU requires Torrance to accept call volume beyond its reasonable operational capability where doing so would materially impair emergency operations within the City of Torrance.
8. REDONDO BEACH RESPONSIBILITIES
a. Redondo Beach will provide Torrance with current contact information for supervisory and managerial personnel, including alternate contact methods, afterhours escalation paths, and any available call-handling guidance necessary to support temporary continuity operations.
b. During an active activation, Redondo Beach shall make good-faith efforts to provide Torrance with timely updates regarding operational status, estimated restoration time, changes in dispatch capability, and any known service limitations. c. For extended activations, Redondo Beach will make good-faith efforts to provide staff support, subject matter expertise, and coordination assistance when operationally feasible to reduce the impact on Torrance personnel and operations.
9. TORRANCE RESPONSIBILITIES
a. Torrance will make good-faith efforts to maintain readiness to accept diverted Redondo Beach 9-1-1 call volume when notified of an activation under this MOU, subject to its own operational status, staffing, and technical capacity. b. Torrance will notify Redondo Beach as soon as practical if it is unable to accept diverted call traffic, can only accept partial call volume, or experiences conditions that materially affect its ability to provide backup service. c. Torrance is not required to accept call volume beyond its reasonable operational capability where doing so would materially impair emergency operations within the City of Torrance.
d. Torrance shall preserve, in accordance with its standard records retention practices and any applicable legal hold requirements, all records relating to diverted calls handled under this MOU, including audio recordings, CAD entries, and related documentation.
10. OPERATIONAL COORDINATION.
a. The Parties will exchange and periodically update contact lists, after-hours notification procedures, escalation pathways, and any technical routing information necessary to support backup operations under this MOU.
b. Each Party shall designate a primary point of contact and an alternate point of contact for purposes of administering this MOU, and shall update these designations in writing as personnel changes occur.
c. The Parties shall conduct periodic coordination, training, tabletop exercises, or testing, as feasible, to validate call-routing procedures, communication methods, and operational expectations.
5 d. Each Party shall maintain internal continuity plans that identify the other as a backup communications partner where appropriate and shall incorporate this MOU into those plans or related appendices.
e. Each Party shall bear its own costs associated with training, testing, and routine operational preparedness unless otherwise agreed in writing.
11. PERSONNEL. Personnel performing services under this MOU shall remain employees of their respective agencies and shall remain subject to the supervision, policies, procedures, and collective bargaining obligations of their employing agency. Nothing in this MOU shall be construed to create an employment relationship, partnership, joint venture, or separate legal entity between the Parties. Each Party shall remain responsible for the compensation, benefits, workers' compensation coverage, and other employment obligations relating to its own personnel.
12. RECORDS AND CONFIDENTIALITY. Each Party shall maintain records in accordance with applicable federal, state, and local laws and regulations, and to the extent consistent with such law, applicable agency policies and procedures and records retention requirements. Any criminal justice information, personally identifiable information, protected health information, recordings, CAD information, or other confidential information exchanged under this MOU shall be handled in accordance with applicable federal and state law, including but not limited to applicable CJIS and CLETS requirements, the Health Insurance Portability and Accountability Act (HIPAA), the California Public Records Act, and related confidentiality laws.
To the extent permitted by law, each Party shall cooperate with the other regarding public records requests relating to services performed under this MOU and will consult as appropriate when records implicate both agencies.
13. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws and regulations in the performance of this MOU, including applicable Cal OES 9-1-1 operational requirements. Nothing in this MOU shall be interpreted to require either Party to act contrary to applicable law.
14. COSTS. Unless otherwise agreed in writing, each Party shall bear its own personnel, equipment, training, administrative, and operational costs associated with performance under this MOU. Extraordinary costs arising from extended activations, declared emergencies, or disaster response operations may be addressed by separate written agreement executed by authorized representatives of both Parties or through applicable reimbursement programs.
15. INSURANCE. Each Party shall maintain, at its own cost, insurance or self-insurance coverage as required by law for municipal public safety operations, including workers' compensation and general liability coverage. Upon request, either Party shall provide evidence of such insurance or self-insurance to the other Party. 6 16. LIABILITY AND INDEMNIFICATION. Each Party shall be responsible for the acts and omissions of its own officers, employees, agents, and volunteers to the fullest extent permitted by law. To the fullest extent permitted by law, each Party agrees to defend, indemnify, and hold harmless the other Party and its officers, employees, agents, and volunteers from claims, damages, liabilities, losses, or expenses to the extent caused by the negligent acts or omissions of the indemnifying Party in connection with this MOU.
Nothing in this MOU shall be construed as a waiver of any immunity, defense, or protection available to either Party or their respective officers, employees, agents, or volunteers under applicable law, including the California Government Claims Act (Government Code section 810 et seq.), Government Code section 850 et seq., the California Emergency Services Act, and any other applicable California or federal law.
17. FORCE MAJEURE. Neither Party shall be liable for any delay or failure to perform under this MOU resulting from events beyond its reasonable control, including acts of God, natural disasters, fires, floods, earthquakes, civil disturbances, terrorism, cyberattack, pandemic, governmental action, or telecommunications or power outages affecting the responding Party. The affected Party shall provide notice to the other Party of any such event within forty-eight (48) hours and shall make reasonable efforts to mitigate its impact on operations under this MOU.
18. DISPUTE RESOLUTION. In the event of any dispute arising out of or relating to this MOU, the Parties shall first attempt to resolve the matter informally through good-faith discussion between the communications managers or equivalent supervisory personnel of each agency. If the dispute is not resolved at the supervisory level within thirty (30) days, the matter shall be escalated to the Chief of Police, or equivalent department head, of each Party for further good-faith discussion.
If the matter remains unresolved, either Party may pursue any legal or equitable remedy available under law. Nothing in this section shall preclude either Party from seeking immediate injunctive or other equitable relief where necessary to prevent irreparable harm.
19. NOTICES. All formal notices required under this MOU shall be in writing and delivered by personal delivery, overnight courier, certified mail, or electronic mail with confirmation of receipt to the following:
To Redondo Beach:
City of Redondo Beach
Police Department
401 Diamond Street
Redondo Beach, CA 90277
Attention: Communications Manager
Email: [email protected]
7 To Torrance:
City of Torrance
Police Department
3300 Civic Center Dr N
Torrance, CA 90503
Attention: Patrice McCullum
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after electronic mail, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the second business day after mailing if sent by overnight courier; (3) on the third day after mailing if sent by registered or certified mail; or (4) upon personal delivery. Either Party may change its notice address by written notice to the other Party. Operational notifications relating to activation, deactivation, and day-to-day coordination may be made through the contact methods established under this Section.
20. NO THIRD-PARTY BENEFICIARIES. This MOU is intended solely for the benefit of the Parties and does not create rights in any third party, including any member of the public or 9-1-1 caller.
21. GOVERNING LAW AND VENUE. This MOU shall be governed by the laws of the State of California. Venue for any action arising out of this MOU shall lie in the Superior Court of California, County of Los Angeles.
22. INTERPRETATION. This MOU shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. Section headings are for convenience only and shall not affect interpretation of this MOU.
23. SEVERABILITY. If any provision of this MOU is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
24. SURVIVAL. The provisions of this MOU relating to Section 12 (Records and Confidentiality), Section 14 (Costs), Section 16 (Liability and Indemnification), and Section 20 (No Third-Party Beneficiaries), together with any other provisions that by their nature are intended to survive, shall survive termination or expiration of this MOU.
25. ENTIRE AGREEMENT; WAIVER; ASSIGNMENT. This MOU constitutes the entire agreement between the Parties regarding backup 9-1-1 call-taking services and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings between the Parties relating to that subject matter. No modification, amendment, or waiver of any provision of this MOU shall be effective unless in writing and signed by authorized representatives of both Parties.
8 No waiver by either Party of any breach of this MOU shall constitute a waiver of any other or subsequent breach. The failure of either Party to enforce any provision shall not be deemed a waiver of that provision or of the right to enforce it in the future.
Neither Party may assign, transfer, or delegate any of its rights or obligations under this MOU without the prior written consent of the other Party.
26. AUTHORITY TO EXECUTE. Each person signing this MOU on behalf of a Party represents and warrants that they have full authority to bind that Party to the terms of this MOU and that all required internal approvals, including any required governing body approvals, have been obtained.
27. COUNTERPARTS AND ELECTRONIC SIGNATURES. This MOU may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures and signatures transmitted by electronic means shall be deemed valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this MOU.
CITY OF REDONDO BEACH CITY OF TORRANCE
By: ______________________________ By: ______________________________ Name: ____________________________ Name: ____________________________ Title: _____________________________ Title: _____________________________ Date: _____________________________ Date: _____________________________ ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Eleanor Manzano, City Clerk Patrick Q. Sullivan, City Attorney APPROVED:
_____________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
_____________________________
Joy A. Ford, City Attorney