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HomeMy WebLinkAbout06-27-1994 Item #530 Aeda Item No. 53 CITY OF NEWPORT BEACH POLICE DEPARTMENT June 16, 1994 TO: Honorable Mayor and Members of the City Council FROM: Chief McDonell SUBJECT: Regional Helicopter Program RECOMMENDATION: JUN 2 r C - 30// ov1 Approve the attached Memorandum of Understanding and authorize the City Manager to execute the agreement on behalf of the City. 2. Appoint the Police Chief as the voting member representing the City on the Board of Governors of the ABLE Program, with the Patrol Division Commander as his alternate. BACKGROUND: There are currently five police helicopter programs in Orange County: Anaheim, Huntington Beach, Costa Mesa, Orange County Sheriff, and our department. Through the years, the concept of combining operations and providing a regionalized helicopter program has been repeatedly discussed, but concerns with service and command structure kept the programs separate. In 1990, however, budget restrictions began eroding our number of flight hours. When the Police Department's helicopter program was initiated in 1970, we flew two full shifts a day virtually every day of the year; this meant a Newport Beach Police Helicopter was in the air over our City for at least ten hours a day. By the end of 1993, we were down to one shift a day. In early 1993, Costa Mesa, Huntington Beach, and the Sheriff joined forces in a pilot program that provides helicopter services twenty hours a day. This program evolved into a formal Memorandum of Understanding (MOU) signed in August of 1993. Under terms of the MOU, the respective agencies agree to coordinate flight hours, schedules, and patrol areas and provide service on a regional basis. Each member agency city, of course, receives full service from the program (dubbed "ABLE" for "Airborne Law Enforcement Services "). Non - member cities can contract with ABLE for routine service, or pay on a per -call basis. The member agencies share any revenue. Regional Helicopter Proem Page 2 The Anaheim Police Department has continued to remain independent. Newport Beach Police Department was invited to join the original MOU, but because of service level concerns we declined. As months went by however, it became apparent that the ABLE Program, though not without drawbacks, was efficiently delivering helicopter services to member agencies. In February of this year, we entered into an informal test period with ABLE, and flew as part of the regional program. Our experience with the program has been very positive. The advantages of helicopter availability for 20 out of every 24 hours have outweighed the reduction in the number of non - assigned patrol hours which we typically spent exclusively over Newport Beach, and response time to calls for helicopter service has been excellent. The reaction of patrol officers and dispatchers has been overwhelmingly enthusiastic; out of 80 responses to a survey instrument, 74 agreed that helicopter service was as good or better than before our participation in ABLE began (63 of those felt the service had improved). It should be noted that due to budgetary restrictions, recent non -ABLE experience was with a single helicopter shift a day. Though there are currently no firm contracts between ABLE and non - flying cities (with the exception of the Costa Mesa Police Department's long- standing contract with Santa Ana), the potential for revenue is promising. Effective in August of 1994, the Santa Ana contract will be re- negotiated directly with ABLE and the revenue will be shared by the member agencies based upon a percentage of flight hours. (The current contract was for $200,000.) As an illustration, we currently represent 19% of the total ABLE program flight hours. Many other cities have expressed tentative interest in contracting and there is some reason for optimism. As the various County contracts for law enforcement services expire, the Sheriff's Department will not be including helicopter service as an included item and the cities will be afforded an opportunity to contract directly with ABLE. In the South County, we are informed all cities, with the exception of Dana Point, have expressed interest in the arrangement. Currently, there are discussions underway to resolve some concerns about language regarding liability before the various contracts can be approved. Additional discussions surrounding contracts for service have been held after ABLE was approached by the California Division of Forestry and Caltrans. Absent the contracts mentioned, there is no immediate cost savings for our participation. We do gain however, substantially increased levels of service for virtually the same cost as operating our stand -alone program. I recommend that the City formalize its membership in the ABLE Program and approve the attached agreement which has been reviewed by the City Attorney's Office. Respectf sub m' ted, Bob McDonell CHIEF OF POLICE rborne Law Enforcement Services 1iJJi_ 2 5 1994 ADDENDUM AGREEMENT, EXHIBIT A on the bottom of the page. This has "RECITALS" under the ADDENDUM AGREEMENT. This form amends the M.O.U. to admit Newport Beach as a member of A.B.L.E. The original M.O.U., dated August 3rd, 1993, EXH.A is handwritten on the lower right, is next. ADDENDUM AGREEMENT, EXHIBIT A -1, follows. In the middle of 'the page section "1.01 The provisions of paragraph 5.05 of the Agreement are amended as follows:" This changes the indemnification section to include insurance coverage. The next report is, RESOLUTION NO. _, it starts "THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: ". This is the approval for Newport Beach to join A.B.L.E. and it leaves a blank to insert the name (pg. 2) of a Board Member. Your City Council may have approved this at a prior meeting. EXHIBIT B -1, NON - SUBSCRIBER AND SUBSCRIBER are included. They do not need to be approved by your city council. They are for information. They are to be approved by the city councils' of agencies using A.B.L.E.'s services. v July 21, 1994 Sheriff Brad Gates Onnge QvnNy Sheriff 5>o N. nw ; ,rt., Ana, CA 9 2702 47.7fN)O Captain Mike Blitch chief Ranafd Lowenberg Newport Beach Police Department iluntinnam Reach Police P.O. BOX 7000 8MM1',Un Street i Iuntrn gh,n Itcaeh. CA 92h8 Newport Beach, California 92660 4> -sS)2 Dear Mike, Chief David Snowden C.aia >kse Pdicc rsirD.e The enclosed documents represent the resolutions that need to ° " w " " C" `''6'� Co,ta be signed b p g y the Newport Beach City Council. Some of them may have been approved in a prior meeting. Please check your .signed documents with these to avoid duplication. The first document is dated June 23; 1994, City Attorney's Office Report No. 94 -52. This letter explains why the resolutions are needed. ADDENDUM AGREEMENT, EXHIBIT A on the bottom of the page. This has "RECITALS" under the ADDENDUM AGREEMENT. This form amends the M.O.U. to admit Newport Beach as a member of A.B.L.E. The original M.O.U., dated August 3rd, 1993, EXH.A is handwritten on the lower right, is next. ADDENDUM AGREEMENT, EXHIBIT A -1, follows. In the middle of 'the page section "1.01 The provisions of paragraph 5.05 of the Agreement are amended as follows:" This changes the indemnification section to include insurance coverage. The next report is, RESOLUTION NO. _, it starts "THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: ". This is the approval for Newport Beach to join A.B.L.E. and it leaves a blank to insert the name (pg. 2) of a Board Member. Your City Council may have approved this at a prior meeting. EXHIBIT B -1, NON - SUBSCRIBER AND SUBSCRIBER are included. They do not need to be approved by your city council. They are for information. They are to be approved by the city councils' of agencies using A.B.L.E.'s services. v I have included a copy of the original M.O.U. for your files. At our meeting on Wednesday I gave you a copy of "RECIPROCAL WAIVERS OF CONFLICTS OF INTERESTS FOR AIRBORNE LAW ENFORCEMENT SERVICES GENERAL COUNSEL ". I will be on vacation July 25, 1994 through August 5, 1994. Please call Lt. Tom Warnack, 754 -5663, if you have any questions. SinceT 1 L David Brooks, Captain A.B.L.E. Secretary L_ ATY OF COSTA MA 7. o CALIFORNIA 926284200 P.O. BOX 1200 a A FROM THE OFFICE OF THE CITY ATTORNEY CITY ATTORNEY'S OFFICE REPORT NO. 94 -52 June 23, 1994 REPORT RE: ADDENDUM AGREEMENT TO MEMORANDUM OF UNDERSTANDING FOR AIRBORNE LAW ENFORCEMENT SERVICES RELATING TO LIABILITY, AIRBORNE LAW ENFORCEMENT SERVICES AGREEMENTS BY SUBSCRIBERS AND NON - SUBSCRIBERS AND RELATED RESOLUTIONS Captain Dave Brooks Costa Mesa Police Department 99 Fair Drive Costa Mesa, California 92626 Dear Captain Brooks: Pursuant to your request of June 2, 1994, this office transmits six (6) documents, a proposed Addendum Agreement and Resolution, Airborne Law Enforcement Services Agreements for subscribers and non - subscribers and related Resolutions, approved as to form and legality, on the above - referenced matter. You represent that original indemnification provisions provided by this office are unacceptable to public agencies seeking ABLE services. This office had provided a comprehensive blanket waiver and indemnification against liability for ABLE services to other public agencies. This blanket waiver and indemnification is required by the MOU. In order to revise the indemnification and waiver terms, the MOU will need to be amended by the Member Agencies. The proposed Addendum Agreement will amend the Memorandum of Understanding ("MOU ") for Airborne Law Enforcement Services ( "ABLE ") to modify the liability and indemnification provisions of Paragraph 5.05. (Exhibit A -1.) The modified provisions provide for insurance coverage by ABLE as an alternative to self- insurance coverage by the subscriber and non - subscriber public agencies and makes the indemnification and waiver terms subject to the discretion of the ABLE Board. The proposed resolution to approve the Addendum Agreement should be submitted to the legislative bodies of the Member Agencies. (Exhibit A -2.) The resolution and 77 FAIR DRIVE . (714) 7545399 . FAX: (714) 556 -7508 •- 0 CITY ATTORNEY'S OFFICE REPORT NO. 94 -52 June 23, 1994 Addendum Agreement must be approved by the Member Agencies before ABLE provides law enforcement helicopter services to subscribers and non - subscriber public agencies under the revised waiver and indemnification provisions. The proposed Services Agreements for subscribers and non - subscribers has also been revised to reflect the modifications to Paragraph 5.05 of the MOU by the Addendum Agreement. (Exhibit I.) The Services Agreements provide for mutual indemnification and waivers between ABLE and the public agencies based on the assumption of insurance coverage for ABLE services. The non - subscriber agreement is in a short form and requires the higher flight hour fee. (Exhibit B -II.) Each service agreement must be authorized by a resolution adopted by the public agency to receive ABLE services. Furthermore, insurance coverage must also be obtained by ABLE or proof of insurance by the public entity receiving service before ABLE law enforcement helicopter services are provided to subscribers and non - subscriber public agencies. Finally, the services Agreements should be executed by the public agencies before ABLE law enforcement helicopter services are provided. If the ABLE Board concurs with the Agreements and Resolutions, we recommend that they be transmitted for approval by the legislative bodies of the Member Agencies. If there are any questions, please contact this office. Very truly yours, Thomas A. Kathe City Attorney TAK:pb cc: Allan Roeder Dave Snowden i • ADDENDUM AGREEMENT This agreement is made and entered into this day of , 19 , in the County of Orange, State of California, by and between the City of Costa Mesa ( "Costa Mesa ") , the City of Huntington Beach ( "Huntington Beach "), the City of Newport Beach ( "Newport Beach") and the County of Orange ( "County "), collectively referred to as "Member Agencies." RECITALS WHEREAS, Costa Mesa, Huntington Beach and County have entered into the Memorandum of Understanding ("MOU") to create the Airborne Law Enforcement Services Agency ( "ABLE "); and WHEREAS, Newport Beach has decided to join ABLE as a Member Agency of ABLE as provided in the MOU; and WHEREAS, this Addendum Agreement will amend the MOU to reflect the addition of Newport Beach as a Member Agency of ABLE. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows: 1.01 Paragraph 2.01 of the MOU is amended to read as follows: "2.01 By this Agreement, Costa Mesa, Huntington Beach, Newport Beach and County agree to cooperate with each other in the provision of helicopter services in the manner and under the terms of this Agreement. The cooperative use of the Member Agencies helicopter services shall be known as the Airborne Law Enforcement Services ( "ABLE "). The Member Agencies may agree on a different call name for ABLE." 1.02 Paragraph 3.02 of the MOU is amended to read as follows: "3.02 The ABLE shall be managed by a Board consisting of the Chiefs of Police and Sheriff of Costa Mesa, Huntington Beach and County and one appointee for each Member Agency for a total of eight (8) Board Members. The Chiefs of Police and Sheriff of Costa Mesa, Huntington Beach, Newport Beach and County shall each appoint one Board member and their alternate. Each Board member, or in the absence of a Board member, the alternate shall have one vote on all matters before the Board. The members of the Board may be supplemented or amended from time to time." EXHIBIT A 1.03 Exc as provided herein, all her provisions of m-in the MOU shall re in full force and Act, which MOU is attached hereto as Exhibit A and incorporated herein by this reference. 1.04 The legislative bodies of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. Dated ATTEST City Clerk of the City of Costa Mesa Dated ATTEST City Clerk of City of Huntington Beach Dated ATTEST C9L� FO wN City Clerk of City/olf Newport Beach 2 CITY OF COSTA MESA Bj. M or APPROVED AS TO FORM City Attorney CITY OF HUNTINGTON BEACH By: Mayor APPROVED AS TO FORM City Attorney CITY OF NEWPORT BEACH Y� ayor Dated ATTEST: Signed and certified that a copy of this document has been delivered to the Chairman, Board of Supervisors Phyllis A. Anderson Clerk, Board of Supervisors ABLE- ADD.NB (5- 27 -94) 9 COUNTY OF ORANGE, a Political Subdivision of the State of California By: Chairman, Board of Supervisors APPROVED AS TO FORM Terry C. Andrus, County Counsel By: Dated: