Loading...
HomeMy WebLinkAboutBoeing Company - 2006-08-21Council/Agency Meeting Held: Ob Deferred/Continued to: VAp rov d ❑ Conditionally Approved ❑ Denied Cit erk's Ignatur Council Meeting Date: August 21, 2006 Department ID Number: PD-06-005 CITY OF HUNTINGTON BEACH CM a REQUEST FOR ACTIONCc "f I SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL MEMB " - = SUBMITTED BY: PENELO E CUL ETH-GRAFT, PA, City Administi for •• c 3 PREPARED BY: KENNETH W. SMALL, Chief of Police I SUBJECT: AGREEMENT WITH THE BOEING COMPANY TO ALLOW ON -SITE POLICE MOTORCYCLE DRIVERS TRAINING Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: By the very nature of their assignment, police motorcycle officers require unique motorcycle drivers training different from their patrol officer counterparts. However, the Police Department presently has no adequate location within the City to train motorcycle officers. The Boeing Company has offered the periodic use of their parking lots to train the Police Department's motorcycle officers. Funding Source: Not applicable. Recommended Action: Motion to: 1. Approve the license agreement with The Boeing Company allowing police motorcycle drivers training on The Boeing Company property and authorize the Chief of Police to enter into the license agreement with The Boeing Company allowing Huntington Beach Police Department motorcycle drivers training at The Boeing Company. 2. Authorize the Chief of Police to enter into future agreements of a similar nature and in a form approved by the City Attorney with The Boeing Company and/or other agencies or companies. Alternative Action(s): Motion to: 1. Do not authorize the Chief of Police to enter into a license agreement with The Boeing Company allowing Huntington Beach Police Department police motorcycle drivers training at The Boeing Company. 2. Do not approve authorization for the Chief of Police to enter into future agreements of a similar nature with The Boeing Company and/or other agencies or companies. Boeing RCA.doc :7L;'j REQUEST FOR ACTION MEETING DATE: August 21, 2006 DEPARTMENT ID NUMBER: PD-06-005 Analysis: For over twenty years, the Huntington Beach Police Department's Motorcycle Detail used the parking lot at the McDonnell Douglas/The Boeing Company facility to conduct police motorcycle drivers training. Several years ago, due to construction and improvements at The Boeing Company facility, the Police Department was asked to relocate the training elsewhere. Since then, the training has taken place at a variety of different locations in the area, however, none of these locations have met the needs of the Department. The Boeing Company, at no cost to the City of Huntington Beach, has again offered their facility to the Police Department for motorcycle drivers training. The Boeing Company is a convenient location that addresses the Department's motorcycle drivers training needs. Besides providing the Department with a new level roadway surface to train on, The Boeing Company will allow the Police Department to store all necessary training aids and equipment on their property. The convenience of having a training facility in close proximity to the Police Department will save travel and set up time for each training session. The Police Department anticipates that the license agreement will be renewed on an annual basis and other similar agreements may be initiated by the Police Department in the future with other agencies or companies. The Chief of Police requests authorization to sign the license agreement and future renewal agreements with The Boeing Company and enter into other similar agreements with other agencies so long as they are substantially similar in nature to the agreement with The Boeing Company. A current Certificate of Coverage obtained by the City in the amount of $2,000,000 will be provided to The Boeing Company for any period of time the Police Department is using The Boeing Company property for police motorcycle drivers training. Environmental Status: N/A Attachment(s): License agreement between the City of Huntington Beach and The Boeing Company 2 1 Certificate of Coverage in the amount of $2,000,000 RCA Author: Terry Lindsey, Lieutenant D:\Documents and Settings\bazantd\Local Settings\Temporary Internet Files\OLK87\Boeing RCA.doc -2- 8/2/2006 10:16 AM ATTACHMENT #1 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is by and between the City of Huntington Beach (hereinafter "Licensee") and The Boeing Company (hereinafter "Licensor"). Licensor and Licensee shall hereinafter be referred to jointly as "the Parties." RECITALS A. Licensor is the owner of certain parcels of real property located at 5301 Bolsa Avenue in Huntington Beach, California ("Licensor's Property"); B. Licensee wishes to enter, or cause its consultant to enter, Licensor's Property to perform certain activity, as described in Attachment A to this Agreement; C. All references to "Licensee" in this Agreement shall apply to the City of Huntington Beach. NOW THEREFORE, in consideration of the foregoing, and the mutual premises, covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows: 1. Grant of License - Licensor hereby grants to Licensee, its employees, representatives and contractors, a non-exclusive license (hereinafter the "License") to enter upon Licensor's Property from time to time to conduct the activities described in Attachment A, subject to the terms and conditions of this agreement. This License shall commence upon execution of this Agreement by the Parties and shall end on March 01, 2007. Licensee shall not alter or damage any property of Licensor. Licensee at its sole cost and expense, will restore Licensor's Property to the same condition as existed prior to the date of this Agreement in the event that Licensee or its employees, representatives or contractors damages Licensor's Property. 2. Compliance with Laws - Licensee shall conduct all operations that are the subject of this License in compliance with all federal, state, and municipal statutes and ordinances and all regulations, orders, and directives of appropriate governmental agencies. 3. Permits - Licensee, at no cost or expense to Licensor, shall obtain and maintain any and all governmental permits and approvals that may be necessary to conduct any activities under this Agreement prior to the start of the work 4. Cooperation - Licensee agrees to coordinate its activities with Licensor to minimize any impairment of access by customers or business invitees of Licensor to Licensor's Property and any inconvenience to or disruption of Licensor's business on Licensor's Property. Licensee shall provide Licensor with two business days notice prior to entering the property, including the names and affiliations of all persons expected to make such entry. 5. Indemnity - Licensee shall indemnify and hold Licensor harmless from and against any claims, demands, actions, suits, judgments, losses, damages, costs or expenses, including legal fees and costs of experts and consultants, incurred as a result of death, personal injury (including without limitation claims brought by employees or invitees of Licensee) or property damage caused in whole or in part by the acts or omissions of Licensee or arising as a result of Licensee using the Licensor's Property. 6. Insurance -Licensee shall, during the term of this Agreement, maintain on behalf of itself and its employees, consultants, contractors, representatives and agents, and their respective employees, representatives and agents performing work on Licensor's site: (a) worker's compensation insurance coverage in the statutory amount; and (b) public liability and property damage insurance coverage in the amount not less than $2,000,000 per occurrence. Prior to Licensee's entry onto Licensor's property, Licensee shall present Licensor with a certificate of such insurance that names The Boeing Company as an additional insured. In no event shall the liability of the Licensee be limited to the extent of any of the minimum limits of insurance required herein. 7. Severability - In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8. Notices - Any notice provided for herein or otherwise required to be given hereunder shall be deemed received when personally served or three (3) days after mailing by certified or registered United States mail, return receipt requested, postage prepaid, or by facsimile machine, with transmission and receipt confirmed, or by nationally recognized overnight delivery service, addressed as follows: To Licensor: Shelly O Neil Site Security Manager The Boeing Company 5301 Bolsa Avenue Huntington Beach, CA 92647 To Licensee: City of Huntington Beach Police Department 2000 Main Street P. O. Box 70 Huntington Beach, CA 92648 2 The person and the place to which notices are to be mailed may be changed by either party by providing written notice of same to the other. 9. Assignment Successors and Assigns - This Agreement may be assigned by either party and in such event shall be binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns. 10. Entire Agreement — This Agreement represents the full, complete and entire agreement between the Parties with respect to the subject matter hereof. No alteration, modification, amendment or waiver of this agreement shall be valid unless it is in writing and signed by both of the Parties. 11. Governing Law - This Agreement shall be construed and interpreted and governed by and in accordance with the law of the State of California without reference to any choice of law, rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. 12. Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representative on the date first above written. LICENSOR By: f Name: Rene L. Hunter Title: Director, Contracts, Pricing & Estimating Date: /Z—lA 3 I,IC:'F.NSF.F, By: Name: Kenneth W. Small Title: Chief of Police Date: August 21, 2006 By: Jennifer McGrath Nam Title: i �Attomev Date: Awn„st 21 2006 Attachment A The Huntington Beach Police department will be utilizing the South East corner of Parking lot "D" to conduct motor officer training as required. Orange cones are placed in various course configurations and officers maneuver their motorcycles through the course under the supervision of a motor Sergeant. This training is required to qualify as a motor officer, and to retain that qualification. The Huntington Beach Police Department is authorized to house its storage shed at the site. California — Huntington Beach 5301 Bolsa Avenue, Huntington Beach, CA 92647 161 162,' �163 ;.164 165 i Employee gates Boeing property A; 0 General parking © a. 0 Restricted parking Bus stop From 1-22 Garden Pa Grove Fwy PP. 8' 9sr wt sB wt s°9 s1 49A 498 121 0 0 T25 4g U T240 39A O �— C � a]40 - T36❑ 32U37 4 Ax�eatbn T35o�43 458 Imo_ M10 R 1341:1 42 Cc G T21 45 U fi 31 41 West Gate TT50 East Gate SKYLAB RD 0 m R 21 22 16 11 12 U F2 F1 0 20 19 10 U Main Lobby a T17 z .�1 A 14 13 E 2 K B1 28 83 82 C 0 E BOLSA AVE BOLSA AVE C y of Huntington Beach Reservoir 0 From 1-405 San Diego Fwy E 0 N U W U F < z F' J Q m N 16t_ 152 :163 164, , 1� Revised 3-02 Copyright 2002CThe Boeing Company. A8 rights reserved. ATTACHMENT #2 ISSUE DATE: CERTIFICATE OF COVERAGE 06/29/06 _._.. PRODUCER: ...... ...... .... ........ . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Driver Alliant Insurance Services, Inc. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY P.O. BOX 6450 BELOW: NEWPORT BEACH, CA 92658-6450 PH (949) 756-0271 / FAX (949) 756-2713 COMPANIES AFFORDING COVERAGE LICENSE NO. OC36861 ........................................................................................................: 6 COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL INsuRED: COMPANY LETTER (B) BIG INDEPENDENT CITIES EXCESS POOL MEMBER: CITY OF HUNTINGTON BEACH ;COMPANY LETTER (C) ATTN: PATTI WILLIAMS, ACTING RISK MGR. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 D ;COMPANY LETTER ( ) COMPANY LETTER (E) COMPANY LETTER (F) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SUBJECT TO 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENT TIVE G:\JPUnit\Bicep\_Certs\Pdf Pool Certs\_Bicep Liab Pool Cert-Pri for PDF.doc Al RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE SUBJECT: Proposed Agreement With The Boeing Company To Allow On -site Police Motorcycle Drivers Training COUNCIL MEETING DATE: August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) bl ' Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Financial Impact Statement (Unbudget, 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 FORW RDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) City Clerk RCA Author: Terry Lindsey, Lieutenant CITY .TINGTON BEACH J� PARTMENT > P 20 M 9iFt P.O. BOX 70 CALIFORNIA 92648 xoy��BgE`j R.R. Wright #007 Pourer V Sr. Police Officer . 0' (714) 536-5683 "��n� . OMGllntel. ,04 -Serving with Honor"