HomeMy WebLinkAboutAirborne Law Enforcement Services Agency (ABLE) A Regional Helicopter Program - 1993-08-16rt►PI'ROVED BI' CITY COU.\CII.
- REQUEST FOR CITY COUNCIL A r��
Sullndtted to:
Submitted by:
Prepared by:
Subject:
Date 9 /16/ 94
Honorable Mayor and City Council
Michael T. Uberuaga, City Admini
Ronald E. Lowenberg, Chief of Pol
Modifications to Memorandum of Understanding for the Airborne Law Enforcement
Services agency
Consistent with Council Policy:' [ ] Yes [ ] New Policy or Exception 3o .. �
� �d4 11-uft;
Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Action, Attachments
STATEMENT OF ISSUE
On August 3, 1993, an agreement was made to enter into a regional helicopter program. A Memorandum of
Understanding (MOU) was signed by the County of Orange and the Cities of Costa Mesa and Huntington Beach
establishing the Airborne Law Enforcement Services agency (ABLE).
The City of Newport Beach has now decided to become a part of ABLE. After a vote of the ABLE Board of
Governors, Newport Beach was accepted into the agency. The attached resolution and addendums are necessary
to make modifications to the existing MOU to allow Newport Beach to become a full member.
RECOMMENDED ACTION:
1. Approve Resolution �_ which adds the City of Newport Beach to the existing MOU for Airborne Law
Enforcement Services.
2. Approve Addendum Agreement (Exhibit A) which incorporates the addition of Newport Beach into the actual
MOU.
3. Approve Addendum Agreement (Exhibit A-1) which adds wording to the insurance provisions of the existing
MOU.
4. Approve the Reciprocal Waivers of Conflict of Interest (Exhibit A-2) which adds Newport Beach to the
agreement.
i
Page Two,
REQUESTFOR COUNCIL ACTION
Modifications to MOU for ABLE
ANALYSIS:
ABLE was formed to combine resources of the County of Orange and the Cities of Costa Mesa and
Huntington Beach to provide for expanded helicopter coverage, consolidation of resources to
reduce the duplication of efforts thus reducing cost', and to provide contract helicopter service to
other communities within the county to offset costs by the member agencies. After several months
of operation, the City of Newport Beach became acutely aware of the benefits associated with this
type of regionalization. They entered into a three month test wherein they flew ABLE schedules
and participated in everything exceptsharing Of any ABLE generated revenue.
After the conclusion of the test, Newport Beach made an application to the ABLE Board of
Governors for inclusion into the program. Because of the benefits both would receive, the board
accepted Newport Beach into ABLE. With the additional equipment and flight crews, ABLE will
be able to better provide contract services to other agencies within the county with minimal impact
to the memberagencies.
FUNDING SOURCE:
No aditional funding required.
ALTERNATIVE ACTION:
Do not adopt the proposed resolution or addendums znd prevent Newport Beach from becoming a
memberofABLE.
ATTACHMENTS:
1. Proposed resolution
2. Addendum Agreement (Exhibit A)
3. Addendum Agreement (Exhibit A-1)
4. Letter from Costa Mesa City Attorney dated May 27,1994
S. Consent to Representation and Waiver of Conflict of Interest RE ABLE (Exhibit A-2)
REL:BK
• J .
MEMORANDUM OF UNDERSTANDING
FOR AIRBORNE LAW ENFORCEMENT SERVICES
gf1.&
Th's acrreement is made and entered into this day of
Q , 19; , in the County of orange, State of California, by
and "be en the City of Costa Mesa ("Costa Mesa"), the City of
Huntington Beach ("Huntington Beach"), and the County of Orange
("County"), collectively referred to as "Member Agencies."
RECITALS
WHEREAS, the Member Agencies have and -possess the power and
authorization to finance, acquire and maintain a public law
enforcement helicopter service and facilities for the benefit of
the lands and inhabitants within their respective boundaries; and
WHEREAS, the Member Agencies propose to join together to
establish, operate and maintain a cooperative program of management
for a helicopter service for the benefit of their respective lands
and inhabitants; and
WHEREAS, it is in the public interest to provide a means by
which other public agencies acquire helicopter service for the
benefit of their lands and inhabitants. -
NOW, THEREFORE, for and is consideration of the mutual
promises and covenants contained herein the parties hereto agree as
follows:
I
PURPOSE
1.01 The purpose of this Agreement is to cooperate with each
Member Agency in the exercise of some or all of their powers to
establish a regional air support unit in the manner set forth in
this Agreement.
1.02 Notwithstanding, each Member Agency expressly retains
all rights and powers to finance, plan, develop, construct, equip,
maintain, repair, manage, operate, and ' control equipment,
facilities, properties and projects that it deems in its sole
discretion to be necessary or desirable and that are authorized by
the laws governing it. The Agreement shall in no way impair any of
the Member Agencies' :respective rights, powers or title to such
equipment, facilities, properties and projects.
1.03 Notwithstanding, each Member Agency expressly retains
all rights and. powers to use other funds or funding sources to
finance, plan, develop, construct, equip, maintain, repair, nanage,
operate and control equipment and facilities for a law enforcement
helicopter service system.
II
CREATION OF REGIONAL AIR SUPPORT UNIT
2.01 . By this Agreement, Ccsta Mesa, Huntington Beach and
County agree to cooperate with each other in the provision of
helicopter service 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.
2.02 The ABLE shall possess in its own name, and the Member k
Agencies delegate to it the following enumerated powers:
(A) To make and enter into contracts consistent
with this Agreement;
(B) To receive compensation, -gifts, contributions
and donations of property, funds, services and other x
forms •of financial assistance from persons, firms,
corporations and any governmental entity;
(C) To sue and be sued in its own.name;
(D) -To apply for an appropriate grant or grants
under any federal, state, or local programs for
assistance in developing any ofits programs or providing
helicopter services to other public entities;
(E) To adopt rules, regulations, policies, by-laws
and procedures governing the operation of the ABLE;
(F) To add Member Agencies to the ABLE which
contribute. flight crews and aircraft equipment and
execute agreements and resolutions consistent with the
terms of this Agreement;
(G) To contract with public entities to provide
helicopter services to their land and residents;
2.03 Said power shall be exercised in the manner provided in
the California Joint Powers Act, and except as expressly set forth
herein, subject to restrictions on the manner of exercising such
powers as are imposed upon Costa Mesa in the exercise of similar
powers . -
III
ORGANIZATION
3.01 The membership of the ABLE shall be the Member Agencies,
public entities which contribute flight crews and aircraft
equipment and have executed or hereafter execute this Agreement, or
amendment thereto, and which have not withdrawn from the ABLE.
2
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 six
(6) Board Members.. The Chiefs of Police and Sheriff of Costa Mesa,
Huntington 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.
3.03 Each Board member and alternate shall hold office until
a successor is selected, elected or appointed as the case may be
under the powers of each Member Agency. The term of the Board
member or alternate who is a public official or employee. of a
Member Agency shall terminate upon such Board Member or alternate
leaving office and the vacancy shall be filled by selection,
election or appointment as the case may be under the powers of each
Member Agency. The Sheriff, or his or her designee, will always be
a representative for the County of Orange.
3.04 Board members and alternates shall not receive
additional compensation for the service on the ABLE Board, but may
be reimbursed by. ABLE for reasonable expenses "incurred in
conducting the business of the ABLE as.provided in this Agreement,
when the expenses are not paid by the employing Member Agencies.
3.05 The principal office of the ABLE shall be established by
the Board and shall be located within the County of Orange. The
Board may change the principal office from one location to another
within the County of Orange. Any change of address shall be noted
by the Board but shall not be considered an amendment to this
Agreement.
3.06 The Board shall.meet at a. location as may be designated
by the Board. The time and place of regular meetings of the Board
shall be determined by resolution adopted by the Board. A copy of
such resolution shall be furnished to the Member Agencies. All
beetings of the Board, including regular, adjourned, and special
'meetings, shall be called and held in a manner as provided in the
Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the
California Government Code commencing with Section 54950 et seq.,
as amended.
3.07 All of the powers and authority 'of the ABLE shall be
exercised by the Board unless specifically delegated to the extent
permitted by law or reserved to the Member Agencies under this
Agreement_. Unless otherwise provided herein, each Board Member
shall be entitled to one vote. Except as otherwise provided
herein, an affirmative unanimous vote of the full membership of the
Board, or their alternate, may adopt any motion, resolution, or
order and take any other action appropriate to carry forward the
objectives of the ABLE pursuant to this Agreement. -
3
3.08 The Board shall designate a recording secretary to keep
the minutes of all open meetings of the Board, and shall cause a
copy of such minutes to be forwarded to each Member Agency within
a reasonable tine after each meeting.
3.9 The Board may adopt from time to time policies, rules and
regulations for the conduct of its affairs and that of the ABLE as
may be required and consistent with this Agreement.
3.10 where this Agreement requires an approval of a
resolution by Member Agencies in any matter, the approval shall be
evidenced by a certified copy of the resolution of the governing
body of such Member Agency filed with the ABLE. 'It shall be the
responsibility of the Board to obtain certified copies of, said
actions.
3.11 On an annual basis, the Board shall appoint a board
aember to be the presiding officer for the purpose of conducting
the board meetings.
3.12 The Board shall appoint an officer or employee of a
Member Agency to hold the offices of Treasurer and Controller whose
duties shall be in conformance with Government Code Sections 6505
and 6505.5.• In performing the duties of Treasurer and Controller,
he/she shall follow the Member Agencies' -policies and procedures.
The Treasurer/Controller shall also administer all contracts
subsequent to the Board's approval and shall make or contract with
a certified public accountant to make an annual -audit of the
accounts and records of ABLE as provided in Governmen_ t Code Section
6505. The annual audit shall be submitted to the Board and each
Member Agency when completed. The Annual Budget shall be:prepared
by the Treasurer/Controller for the approval by the Board. The
ABLE's investment policies shall be the Member Agencies' investment
policies as those may be modified by the treasurers of the Member
Agencies and approved. -by the Board of the ABLE. The cost of the
Treasurer's services shall be reimbursed by the ABLE as provided in
this Agreement.
.3.13 The Board shall have the power to appoint additional
officers, employees or agents. Any officer, employee or agent of
the ABLE shall also be an officer, employee or'agent of any of the
Member Agencies. The appointment by the Board of such a person
shall be evidence that the two positions are compatible.
3.14 The City Attorneys and County Couhsel of the Member
Agencies, or such persons deputy shall -serve jointly as counsel to
the ABLE, to the extent permitted by such waivers of conflict of
interests to authorize such representation as may be executed by
the Member Agencies and the ABLE Board.
3.15 The officers shall perform all duties normal to their
respective offices and:
4
(A) The Secretary shall countersign all contracts
and other written documents and perform such other duties
as assigned by the Board and shall keep minutes of the
Board meetings.
(B) The Treasurer/Controller shall be bonded in the
amount to be determined by the Board, and the bond fee
shall be paid by the ABLE. The Treasurer/Controller
shall perform the duties as set forth in Sections 3.12,
4.02, 4.03, 4.04, 4.05, 4.09 and 4.10.
3.16 The Board shall appcint a Commander to manage and
oversee day -today operations of the ABLE. The Commander- shall be
a sworn police officer of a Member Agency and of 'a rank of at least
a Lieutenant. Each Member Agency shall appoint a liaison officer
("LO") to the ABLE and the LO shall be a sworn police officer and
of a rank of at least a Captain. The LO's of each Member Agency
shall meet collectively, as needed, to advise the Board on the
levels of service of ABLE, methods of operation of ABLE and
supervision of the ABLE Commander. The Commander shall manage the
daily operations of the ABLE and supervision -of the helicopter
sergeants from each respective 24ember.Agency. The helicopter
Sergeants will directly supervise their respective helicopter crews
and mechanics and crews and mechanics of other Member Agencies as
directed by the ABLE.
3.17 All of the privileges and immunities from liability,
exemption from laws,' ordinances and rules, all -relief, pension,
disability, worker's compensation and other benefits which apply to
the activity of officers, employees, or agents of any of the Member
Agencies when performing their respective functions shall apply to
them to the same degree and extent while they are' engaged in the
performance of any of the functions and other duties under this
Agreement. None of the officers, agents or employees of a Member
Agency appointed to -the Board or performing services at the
direction of the ABLE shall be deemed by reason of their
appointment or service -to be employed by any of the other Member
Agencies or the ABLE or.be subject to any of the requirements of
the other Member Agencies.
XV
BUDGET AND DISBURSEMENTS
4.01 The Board shall adopt an annual budget for the ensuing
fiscal year pursuant to procedures developed by the Board.
4.02 The Treasurer/Controller shall draw warrants upon the
approval and written order of the Board. The Board shall
requisition thq payment of funds only upon approval of such claims
or disbursements and such requisition for payment in accordance
with rules, regulations, policies, procedures and bylaws adopted by
the Board.
4
4.03 All funds received by the Treasurer/Controller for
helicopter services provided by the ABLE, except funds from the k
City of Santa Ana, will: be placed in object accounts; and the
receipt, transfer,. or disbursement of such funds during the term of
this Agreement shall be accounted for in accordance with generally
accepted accounting principles applicable to governmental entities.
There shall be_strict accountability of all funds. All revenues
and expenditures shall be reported to the Board on a quarterly
basis.
4.04 All expenditures within the approved annual budget•shall
be made upon the approval of the Treasurer/Controller in accordance
with the rules, policies and procedures adopted by the Board. No
expenditures in excess of those budgeted shall be made without the
unanimous approval of the Board, and the budget shall thereafter be
revised and amended.
4.05 The records and accounts of the ABLE shall be audited
annually by an independent certified'public accountant and the cost
of the audit shall be paid by the ABLE. The minimum requirements
shall be those prescribed 'by the State Controller under.Section
26909 of the California Government Code and in conformance With
generally accepted auditing standards. Copies of such audit report
shall be filed with the County -Auditor and each Member Agency no ..
later than fifteen (15) days after receipt of said audit by the
Board.
4.06 The Member Agencies acknowledge and agree that the Costa
Mesa currently contracts law enforcement helicopter services to the
Santa Ana. This will continue until July, 1994. The Member
Agencies acknowledge that the County of Orange provides law
enforcement helicopter services to incorporated municipal public
agencies.
4.07 The Hember Agencies acknowledge and agree that the ABLE
will act as a conduit for the management, direction and provision
of law enforcement'helicopter services to the Member Agencies and
to. other public agencies that contract with the ABLE for such
services. The Commander shall keep a written account of the actual
flight hours of the services provided to each Member Agency, each
contracting agency, and the Regional Narcotics Suppression Program
("RNSP"). - The written account of such flight hours shall be
provided to the Board on a monthly basis.
4.08 All revenues received b the -Member Agencies from the X
MISP program shall be divided equa ,among the Member Agencies
regardless of which agency flew a particular shift for RNSP.
4.09 Based on information provided by the Commander, the
Treasurer/Controller shall keep a written account of services
provided other public agencies by the Member Agencies at the
direction of the ABLE. The crews and equipment of the Member
6
Agencies shall be rotated as directed by the Board in providing
services to the other public agencies. All revenues received from
other public agencies _contracting with ABLE for helicopter x
'services, except for n s from Santa Ana to Costa Mesa, shall
be distributed on a arterl basis to each Member Agency under the
following formula:
(A) First, to reimburse the actual direct costs for
the Member Agency's providing Treasurer/Controller and
Secretary services to the ABLE.
(B) Second, to reimburse each Member Agency for
crew and equipment costs based upon the percentage of
flight hours produced by each Member Agency during the
fiscal year. The percentage of.flight hours shall be
based on the total flight time produced by the ABLE
divided into the amount'of flight hours produced by each
Member Agency. -
(C) The County and Huntington Beach are each to
receive reimbursement equal to the value of the Santa Ana
contract ($200,000) before Costa Mesa shares in any
reimbursement -for expenses described in paragraph (B).
When this reimbursement- level is attained, all three
agencies will share 'reimbursement by their percentage of
scheduled flight hours f lcwn . thereafter.' The flight
hours spent by Costa Mesa servicing •the Santa Ana
contract will not be included in determining their
percentage of scheduled'flight hours.
4.10 In establishing rates for helicopter services to public
agencies, the Board shall assure that the contracts for such
services provide for the reimbursement of the actual expenses of
,providing the services, insurance coverage by the Member Agencies
for their personnel and equipment, and administrative expenses of
the ABLE. Payment for ABLE helicopter services by contracting XX
public agencies shall be made on a monthly basis to the Treasurer/
Controller of the ABLE.. The Treasurer/Controller shall provide a
written monthly account of all revenues and expenses of ABLE
services to other public agencies to the Board.
V
LIABILITIES
5.01 The Member Agencies acknowledge that each agency is
contributing its own personnel and equipment to a cooperative pool
of personnel and equipment to be managed by the ABLE. Each Member
Agency shall retain all debts, liabilities, insurance obligations
and other obligations for its personnel and equipment. Where
necessary and .at the direction of the ABLE Board, each Member
Agency agrees to add the ABLE as an additional insured on their
respective insurance or self-insurance coverage for their personnel
7
and equipment. In the event that the costs of each Member Agency's
personnel and equipment contributed to the ABLE for each fiscal
year exceeds the amount of funds to be reimbursed by the ABLE for
such costs, the Member .Agencies agree to waive all rights to be
reimbursed for such costs by the ABLE from funds received by the
ABLE in subsequent fiscal years. Each Member Agency agrees to
expressly waive any and all rights to be reimbursed by the other
Member Agencies for personnel and equipment contributed to the ABLE
to the extent that revenues received by the -ABLE are not sufficient
for the ABLE to reimburse the Member Agency for the costs of its
personnel and equipment contributed to the ABLE.
5.02 Each Member Agency hereto agrees to indemnify and hold
the ABLE and the other Member Agencies harmless from any liability
for damages, costs or attorney fees, actual or alleged, to persons
or -property arising out of or resulting from defective equipment
owned or leased by the indemnifying Member Agency or from negligent
acts or omissions of the• indemnifying Member Agency or its
officials or employees. in the event of liability imposed upon any
of the Member Agencies or upon- the -Board created by this Agreement,
for injury which is caused. by. defective equipment or the negligent
or wrongful act or omission of any of the Member Agencies in the
performance of this Agreement, the Member Agency or Member Agencies
that own or lease such defective equipment or are directly
responsible for the negligent or wrongful acts or omissions shall
indemnify, defend, and hold the ABLE and all. other Member Agencies
harmless from any liability for personal injury or property damage
arising out of the performance of -this Agreement.,..
5.03 Member Agencies agree that the'ABLE'and Member Agencies
should be fully protected from any loss, injury, liability, damage,
claim, lawsuit, cost or expense arising out of, or in any way
related to, the performance of services pursuant to this Agreement.
Accordingly, the provisions of this Agreement should be construed
and interpreted to provide the fullest possible protection to the
ABLE, Member Agencies and Member Agency"s officers and employees.
Member Agencies acknowledge that the ABLE would not provide
services pursuant to this Agreement or related Agreements in the
absence of the commitments of each Member Agency as specified in
this section. Member Agencies acknowledge that the ABLE board,
Commander and LO may be subject to liability for decisions,
management' and actions in the supervision and direction of the
ABLE. ln'this regard, Member Agencies agree that the ABLE shall
obtain Directors and Officers insurance for ABLE directors and
officers, and that the cost of such insurance coverage shall be
deducted from funds distributed by the ABLE to the Member Agencies
on a prorata basis equal to the number of Member Agencies (i.e.,
33-1/3% for 3 Member Agencies, etc.).
5.04 Except as provided herein, each Member Agency waives and
gives up any claim against or right to sue the ABLE, any Member
Agency, or any of their officers, employees or representatives, for
F�
any loss, damage or injury that arises out of, or is in any way
related, to the performance of services pursuant to this Agreement.
This waiver extends to .liability for death, bodily injury, or
property .damage, that may be sustained by the ABLE, any Member
Agency, or its officers, employees, contractors or agents and which
was proximately caused, in whole or in part, by the negligent act,
conduct -or omission of the ABLE, any Member Agency, and/or.their
respective officers, employees, agents contractors,
representatives, or any third party. This waiver does not extend
to death, bodily injury or property damage caused by the fraudulent
or willful conduct or any act which constitutes a violation of a
penal statute, and to a Member Agency's right to bring a legal
action against other Member Agencies who refuse or fail to honor
its requirement to defend and/or indemnify the ABLE and .other
Member Agencies as set forth in Section 5.02 and 5.06.
5.05 Any public agency, other than the Member Agencies,
receiving services pursuant to this Agreement, and/or any other
contract with the ABLE, shall defend, indemnify and hold harmless
the ABLE, the responding Member Agency,- and their respective
officers, employees, contractors, agents and representatives, with
respect to any claim, loss, liability, damage, lawsuit, cost or
expense that arises out of, or is in'any way related, to the
performance of services. by the ABLE or the responding Member
Agencies within the public agency's jurisdiction. Prior to the
ABLE providing services, the public agency shall provide written
proof of insurance or self-insurance coverage in amounts approved
by the Board which covers the scope and type of services provided
by the ABLE to the public agency. The obligations. of each public
agency pursuant to this section extends, without limitation, to any
injury, death, loss or damage which occurs within that public
agency's jurisdiction and which is sustained by any third party,
any employee or contractor of the :public agency, or the
contractors employees. The terms of this section shall be
contained in any agreement by ABLE with non-member public agencies.
5.06 Member Agencies shall be responsible for the continued
provision of workers' compensation for'the officers or agents. of
the Member Agencies that serve as officers or employees of the
ABLE. In this regard, each Member Agency shall defend, indemnify
.and hold harmless the ABLE and any other Member Agencies, and their
respective officers, employees, contractors, agents and
representatives with respect to any claim, loss, liability, damage,
lawsuit, cost or expense that arises out of, or is in any way
related, to any industrial/worker compensation'injury sustained by
an employee of the indemnifying Member Agency during the
performance of service by the ABLE or the responding Member
Agencies under this Agreement.
5.07 In the event that joint and several liability is imposed
upon the ABLE and/or among and between the Member Agencies for any
act or omission that occurs while performing services'_for a non-
G
member public agency, the public agency contracting for services
under Section 4.10 shall be responsible to fully satisfy any such
judgment or award and shall fully indemnify the ABLE and the Member
Agencies and their respective officers, employees, contractors,
agents and representatives for any such liability. The terns of
this section shall be contained in any agreement by ABLE with non-
member public agencies.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.01 Additional public agencies that contribute personnel and
aircraft equipment may become Member Agencies to the ABLE upon such
terms and conditions as provided by the Board and upon the
unanimous consent of the existing Member Agencies as evidenced by
approval of resolutions therefore and the execution of a written
amendment to this Agreement by all of the Member Agencies,
including the additional Member Agency.
6.02 The withdrawal of any Member Agency, either voluntarily
or involuntarily shall, unless otherwise provided for by the Board,
be conditioned as follows:
(A) Involuntary withdrawal shall mean those
circumstances where a Member Agency gust withdraw due to
fiscal or budgetary impacts which discontinue the funding
of flight crews or aircraft.
(B) In the case of a voluntary withdrawal, written
notice shall be given one hundred and twenty (120) days
prior to the end of a fiscal year;
(C) Neither voluntary or involuntary withdrawal
shall relieve the withdrawing Member' Agency of its
proportionate share of any debts or other liabilities
incurred by the ABLE prior to the effective date of the
Member Agency's withdrawal, nor any liabilities imposed
upon or incurred by the Member Agency pursuant to this
Agreement prior to the effective date of the Member
Agency's withdrawal;
(D) Withdrawal shall not result in the forfeiture
of that Member Agency's rights and claims relating to
revenues received by the ABLE during the time period that
the Member Agency provided services under ABLE direction;
and
(E) The withdrawing Member Agency shall retain all
rights and. title to its personnel and aircraft equipment
and shall -remove such personnel and aircraft equipment
from the direction of the ABIE.
Vii
TERHINATION_AND DISPOSITION OF ASSETS
7.01 The ABLE shall continue to exercise the powers herein
until the termination of this Agreement and any extension thereof
-as provided in this paragraph or until the Member Agencies have
mutually rescinded this Agreement provided, however, that the ABLE
shall continue to exist for the purposes of disposing of all
claims, distribution of assets and all other functions necessary to
conclude the affairs of the ABLE.
7.02 Termination shall occur upon the written consent of all
of the Member. Agencies, upon the withdrawal from the ABLE of a
suf f icient number of the Member Agencies to leave less than two (2 )
Member Agencies remaining in the ABLE and full satisfaction of all
outstanding financial obligations of the ABLE. However, no such
termination shall occur until all other contractual obligations of
the ABLE have been satisfied.
7.03 In the event of the -termination of this Agreement, any
funds remaining following the discharge of all obligations shall be
disposed of by returning to each Member Agency•that is a member of
ABLE immediately prior to the termination of this Agreement, a
share of such funds proportionate to the contribution made to ABLE
by said Member Agency, to the extent legally possible.
VIII
rISCEL OU8
8.01 Amendments.
This Agreement may be amended with the unanimous approval of
all Member Agencies; provided, however, that no amendment may be
made which would adversely affect the interests of the owners of
bonds, letters of credit or other financial obligations of the
ABLE.
8.02 Notices.
.Any notice. or instrument required to be given or delivered by
depositing the same in any United States Post office, registered or
certified, postage prepaid, addressed to the Member Agencies, shall
be deemed to have been received by the Member Agency to whom the
same is addressed at the expiration of seventy-two (72) hours after
deposit of the same in the United States Post Office for
transmission by registered or certified mail as aforesaid.
8.03 Effective Date.
This Agreement shall be effective at such time as this
Agreement has been executed by any two or more of the Member
Agencies enumerated in the introduction of this Agreement.
11
8.04 Conflicts of Interest.
No officer or employee of the ABLE or any Member Agency shall
have any financial. interest, direct or indirect, in the ABLE. Nor
shall any such officer or emplcyee participate in any decision
relating to the ABLE which affects his or financial interests or
those of.a corporation, partnership, or association in which he or
she is dixectly or indirectly interested, in violation of any State
law.or regulation.
8.05 Arbitration.
(A) Any controversy or claim between any two or more Member
Agencies, or between any such Member Agency -or Member Agencies and
ABLE, with respect to the ABLE's operations, or to any claims,
disputes, demands, differences, controversies, or misunderstandings
arising under, out of, or in relation to this Agreement, shall be
submitted to and determined by arbitration. To the extent not
inconsistent herewith, the rules of the American Arbitration
Association shall apply.
(B) The Member Agency desiring to initiate arbitration shall
give. notice of its intention to arbitrate to. every 'other Member
Agency and the ABLE. Such notice shall designate such other Member
Agencies as the initiating Member Agency intends to have bound by
any award made therein.
(C) The -decision of the arbitrator shall be binding upon all
Member Agencies involved in the arbitration. Each Member Agency to
the arbitration shall bear its own legal costs including attorneys
fees.
8.06 Partial -invalidity.
If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to any
extent be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a court of competent jurisdiction, each and
all .of the remaining terms, provisions, sections, promises,
covenants and conditions of this Agreement shall not be affected
thereby and shall be valid and enforceable to the fullest extent
permitted by law.
8.07 Successors.
This Agreement shall be binding upon and shall inure to the
benefit of the successors of the Member Agencies hereto.
12
8.08 Assictnment.
A Member Agency shall not assign any rights or obligations
under this Agreement without the written consent of all other
Member Agencies.
8.09 Execution.
. The Legislative bodies of the Member Agencies enumerated
herein' have each authorized execution of this Agreement, as
evidenced by the authorized signatures below, respectively.
CRY Council Approved On:
aur`b r(1) IT? 3
ATTEST
r. -
City &" erk of the City f
Costawiesa
Dated 1q,
13 .
ATTEST
City Clerk of, City of
Huntington Beach 0 `3130U
13
CITY OF COSTA MESA
APPROVED AS TO FORM
City Attorney
CITY OF HUNTINGTON BEACH
By:
Ylayor
APPROVED AS TO FORM
Attorney-
p•LS-53 J_
Dated ��73
ATTEST: Signed and certified
that a copy of this document
has been delivered to the
airman, Board of Supervisors
Phyl•liS-Henderson't
Clerk, Board of Supervisors
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
By: r
Chairman,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
Dated:
14
CIT"' CLEIRKS
a COPYORIGI*rL COPY
1
CONSZNT TO XZPAEBZWTATION AM WarvIit
1. The public agencies of the City of Costa Mesa ("Costa
Mesa"), City of Huntington Beach ("Huntington Beach"), City of
Newport Beach ("Newport Beach"), and County of orange ("County"),
(collectively "Member Agencies") have by individual resolutions
agreed and entered into the Addendum Agreement to and the
Memorandum of Understanding ("MOU") for Airborne Law Enforcement
Services ("ABLE"). The MOU at paragraph 3.14 provides that the
City Attorneyfs and County Counsel of the Member Agencies shall
serve jointly as counsel to ABLE, and that each Member Agency
agrees to execute reciprocal waivers of conflict of interests to
authorize such representation.
2. The Costa Mesa City Attorney, Huntington Beach City
Attorney, Newport Beach City Attorney and Orange County Counsel
have each individually explained to their respective legislative
bodies that there now exists, and in the future there may arise
additional, actual and/or potentially conflicting interests
resulting from their representation of ABLE pursuant to the MOU.
The legislative bodies of Costa Mesa, Huntington Beach, Newport
Beach and County each individually acknowledge that they have been
advised of these conflicts, has consulted with their respective
independent legal counsel regarding the conflicts and the potential
consequences thereof, and have each been advised of Rule 3-310 of
the Rules of Professional Conduct of the State Bar of California.
3. The legislative bodies of Costa Mesa, Huntington Beach,
Newport Beach and County each individually hereby consent to the
representation of ABLE by the Costa Mesa City Attorney,, Huntington
Beach City Attorney, Newport Beach City Attorney and Orange County
Counsel in connection with all matters related to ABLE, and also
waives any past, present or future actual or potential conflicts of
interest arising from such representation of ABLE and their
individual representation of Costa Mesa, Huntington Beach, Newport
Beach and County, respectively.
Dated: A U tr. 1 , 1994 CITY OF COSTA MESA
��_. II►. .. . s
V
ATTEST:
Dated:
1994
in Raw,
Member
42n�c:il Member
' a
Council Member
APPROVED AS TO FORM:
-7 -Ajff�9�-
city Attorney
CITY OF HMTINGTON BEACH
PO ',, MIFF, - T, I - W-',,
Mayor
C it Member
Council Member
v l
Council Member
Council Member
Council Member
I
ATTEST:
CO
City dlerk
Dated: - •, 1994
ATTEST:
City Clerk
Dated: , 1994
• 3
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
. Mayor
Vice -Mayor
Council Member
Council Member
Council Member
APPROVED AS TO FORM:
City Attorney
COUNTY OF ORANGE
Chairman,
Board of Supervisors
1
ATTEST: APPROVED AS TO FORM:
Clerk, Board or Supervisors County Counsel
�:twNvai.00t aarra� . .
4
1
orl r j�
A
ADDENDUM AGREEMENT NO. Z
This agreement is made and entered into this day of
19B, 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 e o t eac
" e o= Beach"Iand 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:
2.01 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 of Costa Mesa, Huntington Beach
and the Sheriff of Orange County and one appointee for
each Member Agency for a total of eight (8) Board
Members. The Chiefs of Police of Costa Mesa, Huntington
Beach, Newport Beach and the Sheriff of Orange 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."
1.03 Exc as provided herein, all c' it provisions of
the YOU shall remain in full force and effA-we, 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 Vu�Q
ATTEST
CITY OF COSTA MESA
r�
•
APPROVED AS TO FORM
City lerk of the city a City Attorney
Cost Mesa
Dated
ATTEST
City Clerk of CjXy of
Huntington Beach
Dated /l-/#- a
FI
� JU
ATTEST
0LtFVR!:0
City Clerk of City
ff
Newport Beach
CITY OF H NTINGTON BEACH
Mayor
APPROVED AS TO FOR*
City Attorney is -�.o- S�Gc/�
CITY OF NEWPORT BEACH
By: AJ"j
Mayor
APPROVED AS TO FORM
7 AAv
yAttorney
Dated
u
MAY Z 3�
kt,m!aT Signed and certified
that a copy of this document
has been delivered to the
Chairman, Board of Supervisors
KATHI I F. C000,40. KNING
Clerk, Board of Supervisors
ABLE-AWNR (1-5AM
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
By
a ,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
Dated: L71
_
I
3
PY
ORIGINAL CQPr
ADDENDUM AGREEMENT NO. 2
This agreement is made and entered into this jST day of
u(. , _19J4, 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, the Member Agencies have entered into the Memorandum
of Understanding for Airborne Law Enforcement Services
("Agreement") to establish a regional air support unit in the
manner set forth in the Agreement; and
WHEREAS, the Member Agencies by this Addendum Agreement intend
to amend the Agreement to more fully set forth their rights and
obligations concerning the provision of law enforcement helicopter
services to public agencies other than the Member Agencies as
provided in paragraph 5.05 of the Agreement.
NOW THEREFORE, for and in consideration of the mutual promises
and covenants contained herein the parties hereto agree as follows:
1.01 The provisions of paragraph 5.05 of the Agreement are
amended as follows:
"Any public agency, other than the Member Agencies,
receiving services pursuant to this Agreement, and/or any
other contract with the ABLE, shall defend, indemnify and
hold harmless the ABLE, the responding Member Agency, and
their respective officers, employees, contractors, agents
and representatives, with respect to any claim, loss,
liability, damage, lawsuit, cost or expense that arises
out of, or is in any way related, to the performance of
services by the ABLE or the responding Member Agencies
within the public agency's jurisdiction. Prior to,the
ABLE providing services, the public agency shall provide
written proof of insurance or self-insurance coverage in
amounts approved by the Board, or ParticipateJja
insurance coverage obtained by ABLE, which covers the
scope and type of services provided by the ABLE to the
public agency. The obligations of each public agency
pursuant to this section extends, without limitation, to
any injury, death, loss or damage which occurs within
that public agency's jurisdiction and which is sustained
by any third party, any employee or contractor of the
public agency, or the contractor's employees. The terms
of this section shall M be contained in any agreement
by ABLE with non-member public agencies.
1.02 Except as provided herein, all other provisions of the
Agreement shall remain in effect.
1.03 The legislative bodies of the Member Agencies enumerated
herein have each authorized the execution of this Addendum
Agreement as evidenced by the authorized signatures below,
respectively.
Dated r 9 CITY OF COSTA MESA'
ATT EST
Deputy C' y Clerk of the
City of osta Mesa
Dated
ATTEST
APPROVED AS TO -FORM
&qtt!:n W:� j 8' S -.g+
City Attorney
CITY OF HUNTINGTON BEACH
�
Mayor
APPROVED AS TO FORX
C-,4 - --
City Clerk of City of City Attorney
Huntington Beach /0- le Su 6G111
Dated //-d-N
CITY OF NEWPORT BEACH
By.
J )/1
Mayor
2
PO
ATTEST ~ {' % t r
FOIEL
City Clerk .of City of
Newport. Beach
Dated MAY 2 3 125
Ate: Signed and certified
that a copy of this document
has been delivered to the
Chairman, Board of Supervisors
�4� Gulw
_KAJOLEENE. GCGM0 XMICHaney-N. swans"IM i
Clerk, Board of Supervisors
ABU'ADPN.ACR (1-5-95)
M�
APPROVED AS TO FORM
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
By.6e 4
.eg-a
Chairman,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
i
I: e gly., 1 W2� i
Dated: v
91
r %
RESOLUTION NO. 6630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA APPROVING THE
ADDENDUM AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING FOR THE AIRBORNE LAW ENFORCEMENT SERVICES
WHEREAS, the public agencies of the City of Costa Mesa, the City of Huntington
Beach and the County of Orange entered into a memorandum of understanding to establish
the Airborne Law Enforcement Services ("ABLE? agency on August 3, 1993, and the City of
Newport Beach was later added as a member agency by the Addendum Agreement dated
_ ___AIMIRzt , 1994; and
The member agencies have and possess the power and authorization to finance,
acquire and maintain a public law enforcement helicopter service and facilities for the benefit
of the lands and inhabitants within their respective boundaries; and
The member agencies propose to join together to establish, operate and maintain a
cooperative program of management for a helicopter service for the benefit of their respective
lands and inhabitants; and
It is In the public interest to provide a means by which other public agencies acquire
helicopter service for the benefit of their lands and inhabitants; and
The member agencies have the authority to establish such regional airborne law
enforcement service as a joint powers agency pursuant to Cafifomia Government Code §6500
et seq; and
The several public agencies have decided to utilize the services of ABLE and to
cooperate with ABLE to receive a regional airborne law enforcement service in the manner set
forth in the Addendum Agreement to the Memorandum of Understanding attached as Exhibit A
and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington
Beach pursuant to the aforesaid authority, does hereby adopt the Addendum Agreement to the
Memorandum of Understanding, attached hereto as Exhibit A and Incorporated herein, and
authorize the City Administrator to execute the Addendum Agreement to the Memorandum of
Understanding.
I
Wabla9 "41
i' V.
BE IT FURTHER RESOLVED, that 11m=rt ne-h _ _Pnl I rn- r hi Pfis appointed as a
member of the Board of Airborne Law Enforcement Services joint powers agency established
by the Memorandum of Understanding. .... __
A17 ST:
'71ne;.' aig�4�
City Clerk 41
AND APPROVED
Mayor
APPROV5R AS TO FORM:
2
city Attorney
AND APPR
Chief
Wable►9. QM4
Res. No. 6630
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF MJNTINGTON BEACH )
I, CON'KM BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-ofticio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at an adjourned regular meeting thereof held on the 20th day of
September,1994, by the following vote:
AYES: Councilmembers:
Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Moulton -Patterson
The foregoing instrument is a correct
cepy of the-61iginal on file in this office.
Attest /;? :-a a 190V
CONNIE BR
City CleA and Ex-officio Cterk of the City
Council of the_City of Huntington Beach,
California.
By
�tLC�i
City Clerk and ex-officio rk
of the City Council of the City
of Huntington Beach, Califomia
�,�ERIFF-CORONER DEPARTME),�
COUNTY OF ORANGE
CALIFORNIA
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF:
DANA POINT MISSION VIEJO
LAG,;NA HILLS SAN JUAN CAPISTRANO
LAGWIA NIGUEL STANTON
LAKE FOREST VILLA PARK
City of Huntington Beach
P.O. Box 70
Huntington Beach, CA 92648
BRAD GATES
SHERIFF -CORONER
RALIL RAMOS
UNDE RSHE RIFF
ASSISTANT SHERIFFS
WALTER FATH
JOHN HEWITT
JERRY KRANS
DENNIS LAI=ER
Attention: Ron Lowenberg, Chief of Police
Subject: Joint Powers Agreement for Airborne Law Enforcement Services
Enclosed are five original sets of the Joint Powers Agreement for
airborne law enforcement services. The Agreement includes the City of
Huntington Beach, the City of Costa 14esa and the County of Orange,
Sheriff -Coroner. Also enclosed is your copy of the County Board of
Supervisorst Resolution 93--845 dated August 3, 1993, executing the
Joint Powers Agreement.
Please retain the copy of the Resolution and have your City Council,
City Attorney and City Clerk sign the five original sets of the
Agreement. Once the Agreements are signed, retain one fully -executed
Agreement and return the other four Agreements to my attention at the
below referenced address.
Thank you.
(9dL::t7
Pat Lister
Administrative Officer
Fiscal/Administrative Services
PL:bb
Enclosure
cc: Captain Kemmis
r. •r
320 H. FLOWER STREET - P.O. BOX 449 - SANTA ANA, CALIFORNIA 027 0- 49 - (714) 647-7000
"Ll
CITY OF COSTA MESA
CAUFORNIA 92628.12M PLO. BOX 120
FROM THE OFFICE OF THE CRY A'70RNEY
CITY ATTORNEY'S OFFICE
REPORT NO. 94-50
May 27, '1994
REPORT RE:
RECIPROCAL WAIVERS OF CONFLICT OF INTERESTS
FOR AIRBORNE LAW ENFORCEMENT SERVICES
GENERAL COUNSEL
Captain Dave Brooks
Costa Mesa Police Department
99 Fair Drive
Costa Mesa, California 92626
Dear Captain Brooks:
Pursuant to your request of May 26, 2994, this office prepared
and transmitted an Addendum Agreement ("Addendum") to the
Memorandum of Understanding ("MOU") for the Airborne Law
Enforcement Services agency ("ABLE") to add the City of Newport
Beach as a Member Agency of ABLE.
At the time the resolution approving the Addendum is
considered by the City Councils and Board of Supervisors, these
legislative bodies should also consider and authorize the execution
of a reciprocal waiver of conflict of interest for the general
counsels to ABLE. The MOU at paragraph 3.14 provides for such
reciprocal waivers. The City Attorneys and County Counsel of the
Member Agencies are to serve jointly as legal counsel to ABLE.
In this regard, this office transmits the attached Reciprocal
Waivers of Conflict of Interest, approved as to form and legality,
to provide for such waiver pursuant to the MOU. The waivers also
comply with Rule 3-310 of the California Rules of Professional
Conduct for attorneys.
If there are any questions, please contact this office.
Ver truly yours,
l
Thomas A. Kathe
City Attorney
TAK:pb
cc: Allan Roeder
Dave Snowden
77 FAIR DRIVE • (7 4) 754-5:99 • FAX. (714) 556-75M
IN
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 20, 1995
Chris Woods Moulson
Manager, Law Enforcement Contracts
Orange County Sheriff -Coroner Department
550 N. Flower Street
Santa Ana, CA 92702-0449
CALIFORNIA 92648
Dear Chris,
Enclosed is a certified copy of Addendum No. 1 to the Airborne Law Enforcement
(ABLE) Memorandum of Understanding.
Thank you for the copy of the original MOU.
Sincerely,
Evelyn Schubert, CMC
Deputy City Clerk
cc: Lieutenant Kelly
ITdephono: 714.536-52771
'HERIFF CORONER DEPART141r -T
k-`'r COUNTY OF ORANGE �
r
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF:
DANA POINT
SAN CLEMENTE
LAGUNA HILLS
SAN JUAN CAPISTRANO
LACUNA NIGUEL
STANTON
LAKE FOREST
VILLA PARK
M'SSION VIEJO
Evel)m Schubert, CHIC
Deputy City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear E%rl)m:
CALIFORNIA
November 21, 1995
BRAD GATES
SHERIFF -CORONER
RAUL RAMOS
UNDERSHERIFF
ASSISTANT SHERIFFS
JOHN HEWITT
JERRY KRANS
DENNIS LADUCER
DOUG STORM
I am forwarding a copy of the Addendum Agreement No. I to the Airborne Law Enforcement
(ABLE) Memorandum of Understanding. The copy which you certified for me on October 18 «'as
not the same original document, and the dates do not match on the document exccutcd by the
County of Orange and the Cities of Costa Mesa and Nc«port Beach. Please call me at 834 6431
when the certified copy of this version of Addendum No. I is ready.
As requested last wcck, I am providing you vnth a copy of the original NIOU and hvo Addenda so
that you can update your files.
Thanks for all your help N%ith this!
Sincerely,
ego /,/,^/ e.--/ � .s'ul,._
Chris Woods btoulson
Manager, Law Enforcement Contracts
Enclosures
cc: Captain Miller
550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CAUFORNIA 927024)449 • (714) 647-7000 , , , I
IN
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
UNNIE BROCKWAY
CITY CLERK
November 9, 1995
Chris Woods Moulson
Manager, Law Enilcrcement Contracts
550 N. Flower Street
Santa Ana, CA 92702-0449
Dear Chris,
CALIFORNIA 92648
Per our telephone conversation, attached is a certified copy of Addendum Agreement
No. 2 to the Airborne Law Enforcement (ABLE) Memorandum of Understanding. This
addendum was approved by City of Huntington Beach City Council at their meeting
held September 20, 1994.
Please call me at 536-5405 if I can be of further assistance. I look forward to receiving
a fully executed copy of the entire document.
Sincerely,
Evelyn Schubert, CAC
Deputy City Clerk
Enclosure
cc: Lieutenant. Kelly
( Telephone : 714.5 36 -5 227 )
'TIERIFF-CORONER DEPARTNIr - T
COUNTY OF ORANGE
CALIFORNIA
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF:
DANA POINT
SAN CLEMENTE
LAGUPUI HILLS
SAN JUAN CAPISTRANO
LAGUNA NIGUEL
STANTON
LAKE FOREST
VILLA PARK
MISSION VIEJO
November 7, 1995
Evel%,m Schubert, CMC:
Deputy City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Evelyn:
BRAD GATES
SHERIFF -CORONER
RAUL RAMS
UNDERSHERIFF
ASSISTANT SHERIFFS
JOHN HEWITT
JERKY KRAUS
DENNIS LADUCER
DOUG STORM
As requested, 1 am forwarding hwo copies of the signed Addendum Agreement No. 2 to the
Airborne Law Enforcement (ABLE) Memorandum of Understanding. The date for the signature
by the Mayor was left blank, so I am unable to determine when this was approved by your City
Council.
Please call me at 834-(431 when the certified copy of this document is ready. Thanks for all your
help «ith this matter.
Sincerely,
a'Lo &1Irt� f�tdsc�aa��
Chris Woods Moulson
Manager, Law Enforcement Contracts
Enclosures
cc: Captain Miller
550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANC.. CALIFORNIA 92702-0449 • (714) 647-7000 "I,
REQUEST FOR CITY COUNCIL ACTION
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City
Prepared by: Ronald E. Lowenberg, Chief of Police
Subject: AirBome Law Enforcement Services (AB
Consistent with Council Policy? [ X ] Yes
Date: August 16,1993
APPROVED BY CITY COUNCIL
`'- 19-M
My
- A Regional Helicopter Program
[ ] New policy or Exception
Statement of issue, Recommendations, Analysts, Funding Source, Alternative Actions, Attachments\-4VO
STATEMENT OF ISSUE
While reviewing areas within this and prior years budgets, the Police Department has been at-
tempting to define areas which would suffer under a shortfall of funding and thus cause a reduc-
tion in service or even a loss of a program. One such area was in the helicopter program.
In an attempt to maintain current levels of helicopter service we contacted surrounding agencies
to consider some sort of consolidation of resources. In doing so it was found that not only could
we maintain current levels of service, we could actually increase coverage while maintaining our
current level of spending. In other words, by forming a regional helicopter program with Costa
Mesa and the County of Orange, we found that we could stabilize costs of our existing program
and gain coverage for several days we currently have no helicopter patrol.
RECOMMENDED ACTION
Approve the Memorandum of Understanding with tl:e City of Costa Mesa and the County of Or-
ange to enter into the ABLE program and authorize expenditure of start up costs.
ANALYSIS
After contacting the potential members, many meetings over the course of two years were held to
formulate the Memorandum of Understanding (MOLD between the agencies involved. Under the
proposed MOU, each agency retains individual control over their personnel, equipment and bud-
gets. At the same time, the MOU allows the participants to collectively negotiate helicopter con-
tracts to subscriber agencies. Revenue generated from these contracts will help offset operating
costs of the member agencies, thus reducing the total operating costs. Basically, the resources of
each member agency would be pooled under one management entity known as AirBorne Law En-
forcement Services (ABLE).
T�
4
Page 2 �
REQUEST FOR CITY COUNCIL ACTION, ABLE Regional Helicopter Program
Currently the City of Huntington Beach does not have helicopter coverage on two day shifts, and
an additional day shift is lost when helicopter service is provided to the Regional Narcotics Sup-
pression Program (RNSP). This regionalized program would provide coverage seven days a
week. Presently when the Huntington Beach helicopter is down for fuel, service, crew rest, etc.,
helicopter coverage is not available within the city. ABLE would provide continuous coverage
during the down times. In the future it is anticipated that other cities will contract with ABLE
which will generate revenue that would directly support the program.
The main goal of ABLE is to reduce costs while continuing to provide acceptable air service to
the participants and any contract cities. The method proposed in the MOU is to establish a Board
of Governors consisting of the Chiefs and the Sheriff, plus one additional representative from
each agency, who will oversee all operations of the unit. Daily operation of the unit will be han-
dled by a sergeant from each agency, and one lieute:iant acting as a unit commander.
On a unanimous vote, the Orange County Board of Supervisors approved the MOU that is pre-
sented here. The City Council of Costa Mesa is expected to approve it on August 16,1993.
FUNDING SOURCES
The basic onetime start up cost is estimated to be approximately $2,600 which is already available
in the FY 93194 Aero Unit General Fund budget. No additional funds are required as future
ABLE revenue will defray other expenses.
ALTERNATIVE ACTION
Disapprove the MOU and not enter into a regional helicopter program.
ATTACHMENTS
Proposed MOU.
REL:GJB:bk
()RIGINAL
CLERK OF THE BOARD
()RANGE COUNTY
�1
iMEXORANDUM OF UNDERSTANDING
FOR AIRBORNE LAW ENFORCEMENT SERVICES
T is agreement is wade and entered into this 3 day of
1., � g 3 Y
, 19 , in the County of Orange, State of California, by
ancV between the City of Costa Mesa ("Costa Mesa"), the City of
Huntington Beach ("Huntington Beach"), and the County of orange
("County"), collectively referred to as "Member Agencies."
RECITALS
WHEREAS, the Member Agencies have and possess the power and
authorization to finance, acquire and maintain a public law
enforcement helicopter service and facilities for the benefit of
the lands and inhabitants within their respective boundaries; and
WHEREAS, the Member Agencies propose to join together to
establish, operate and maintain a cooperative program of management
for a helicopter service for the benefit of their respective lands
and inhabitants; and
WHEREAS, it is in the public interest to provide a means by
which other public agencies acquire helicopter service' for the
benefit of their lands and inhabitants.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein the parties hereto agree as
follows:
I
RURPOSE
1.01 The puirpose of this Agreement is to cooperate with each
Member Agency in the exercise of some or all of their powers to
establish a regional air support unit in the manner set forth in
this Agreement.
1.02 Notwithstanding, each Member Agency expressly retains
all rights and powers to finance, plan, develop, construct, equip,
maintain, repair, manage, operate, and ' control equipment,
facilities, properties and projects that it deers in its sole
discretion to be necessary or desirable and that are authorized by
the laws governing it. The Agreement shall in no way impair any of
the Member Agencies' respective rights, powers or title to such
equipment, facilities, properties and projects.
1.03 Notwithstanding, each Member Agency expressly retains
all rights and, powers to use other funds or funding sources to
finance, plan, develop, construct, equip, maintain, repair, manage,
operate and control equipment and facilities for a law enforcement
helicopter service system.
II
CREATION OF REGIONAL AIR SUPPORT MaT
2.01 By this Agreement, Costa Mesa, Huntington Beach and
County agree to cooperate with each other in the provision of
helicopter service 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.
2.02 The ABLE shall possess in its own name, and the Member
Agencies delegate to it the following enumerated powers:
(A) To make and enter into contracts consistent
with this Agreement;
(B) To receive compensation, gifts, contributions
and donations of property, funds, services and other
forms • of financial assistance from persons, firms,
corporations and any governmental entity;
(C) To sue and be sued in its own.name;
(D) - To apply for an appropriate grant or grants
under any federal, state, or local programs for
assistance in developing any of its programs or providing
helicopter services to other public.entities;
(E) To adopt rules, regulations, policies, by-laws
and procedures governing the operation of the ABLE;
(F) To add Member Agencies to the ABLE which
contribute. flight crews and aircraft equipment and
execute agreements and resolutions consistent with the
terms of this Agreement;
(G) To contract with public entities to provide
.helicopter services to their land and residents;
2.03 Said power shall be exercised in the manner provided in
the California Joint Powers Act, and except as expressly set forth
herein, subject to restrictions en the manner of exercising such
powers as are imposed upon Costa Mesa in the exercise of similar
powers .
III
ORGANIZATION
3.01 The membership of the ABLE shall be the Member Agencies,
public entities which contribute flight crews and aircraft
equipment and have executed or hereafter execute this Agreement, or
amendment thereto, and which have not withdrawn from the ABLE.
2
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 six
(6) Board Members. The Chiefs of Police and Sheriff of Costa Mesa,
Huntington 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.
3.03 Each Board member and alternate shall hold office until
a successor is selected, elected or appointed as the case may be
under the powers of each Member Agency. The term of the Board
member or alternate who is a public official or employee. of a
Member Agency shall terminate upon such Board Member or alternate
leaving office and the vacancy shall be filled by selection,
election or appointment as the case may be under the powers of each
Member Agency. The Sheriff, or his or her designee, will always be
a representative for the County of Orange.
3.04 Board members and alternates shall not receive
additional compensation for the service on the ABLE Board, but may
be reimbursed by. ABLE for reasonable expenses incurred in
conducting the business of the ABLE as -provided in this Agreement,
when the expenses are not paid by the employing Member Agencies.
3.05 The principal office of the ABLE shall be established by
the Board and shall be located within the County of Orange. The
Board may change the principal office from one location to another
within the County of Orange. Any change of address shall be noted
by the Board but shall not be considered an amendment to this
Agreement.
3.06 The Board shall.meet at a location as may be designated
by the Board. The time and place of regular meetings of the Board
shall be determined by resolution adopted by the Board. A copy of
such resolution shall be furnished to the Member Agencies. All
meetings of the Board, including regular, adjourned, and special
meetings, shall be called and held in a manner as provided in the
Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the
California Government Code commencing with Section 54950 et seg.,
as amended.
3.07 All of the powers and authority *of the ABLE shall be
exercised by the Board unless specifically delegated to the extent
permitted by law or reserved to the Member Agencies under this
Agreement. Unless otherwise provided herein, each Board Member
shall be entitled to one vote. Except as otherwise provided
herein, an affirmative unanimous vote of the full membership of the
Board, or their alternate, may adopt any motion, resolution, or
order and take any other action appropriate to carry forward the
objectives of the ABLE pursuant to this Agreement.
3
3.08 The Board shall designate a recording secretary to keep
the minutes of all open meetings of the Board, and shall cause a
copy of such minutes to be forwarded to each Member Agency within
a reasonable time after each meeting.
3.9 The Board may adopt from time to time policies, rules and
regulations for the conduct of it: affairs and that of the ABLE as
may be required and consistent with this Agreement.
3.10 Where this Agreement requires an approval of a
resolution by Member Agencies in any matter, the approval shall be
evidenced by a certified copy of the resolution of the governing
body of such Member Agency filed with the ABLE. It shall be the
responsibility of the Board to obtain certified copies of. said
actions.
3.11 On an annual basis, the Board shall appoint a board
member to be the presiding officer for the purpose of conducting
the board meetings.
3.12 The Board shall appoint an officer or employee of a
Member Agency to hold the offices of Treasurer and Controller whose
duties shall be in conformance with Government Code Sections 6505
and 6505.5.: In performing the duties of Treasurer and Controller,
he/she shall follow the Member Agencies' -policies and procedures.
The Treasurer/Controller shall also administer all contracts
subsequent to the Board's approval and shall make or contract with
a certified public accountant to make an annual audit of the
accounts and records of ABLE as provided in Government Code Section
6505. The annual audit shall be submitted to the Board and each
Member Agency when completed. The Annual Budget shall be prepared
by the Treasurer/Controller for the approval by the Board. The
ABLE's investment policies shall be the Member Agencies' investment
policies as those may be modified by the treasurers of the Member
Agencies and approved -by the Board of the ABLE. The cost of the
Treasurer's services shall be reimbursed by the ABLE as provided in
this Agreement.
.3.13 The Board shall have the power to appoint additional
officers, employees or agents. Any officer, employee or agent of
the ABLE shall also be an officer, employee or *agent of any of the
Member Agencies. The appointment by the Board of such a person
shall be evidence that the two positions are compatible.
3.14 The City Attorneys and County Counsel of the Member
Agencies, or such persons deputy shall serve jointly as counsel to
the ABLE, to the extent permitted by such waivers of conflict of
interests to authorize such representation as may be executed by
the Member Agencies and the ABLE Board.
3.15 The officers shall perform all duties normal to their
respective offices and:
4
V
(A) The Secretary shall countersign all contracts
and other written documents and perform such other duties
as assigned by the Board and shall keep minutes of the
Board meetings.
(B) The Treasurer/Controller shall be bonded in the
amount to be determined by the Board, and the bond fee
shall be paid by the ABLE. The Treasurer/Controller
shall perform the duties as set forth in Sections 3.12,
4.02, 4.03, 4.04, 4.05, 4.09 and 4.10.
3.16 The Board shall appoint a Commander to manage and
oversee day--to-day operations of the ABLE. The Commander shall be
a scorn police officer of a Member Agency and of a rank of at least
a Lieutenant. Each Member Agency shall appoint a liaison officer
("LO") to the ABLE and the LO shall be a sworn police officer and
of a rank of at least a Captain. The LO's of each Member Agency
shall meet collectively, as needed, to advise the Board on the
levels of service of ABLE, methods of operation of ABLE and
supervision of the ABLE Commander. The Commander shall manage the
daily operations of the ABLE and supervision.of the helicopter
sergeants from each 'respective Member Agency. The helicopter
Sergeants will directly supervise their respective helicopter crews
and mechanics and crews and mechanics of other Member Agencies as
directed by the ABLE.
3.17 All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all relief, pension,
disability, worker's compensation and other benefits which apply to
the activity of officers, employees, or agents of any of the Member
Agencies when performing their respective functions shall apply to
them to the same degree and extent while they are engaged in the
performance of any of the functions and other duties under this
Agreement. None of the officers, agents or employees of a Member
Agency appointed to the Board or performing services at the
direction of the ABLE shall be deemed by reason of their
appointment or service to be emplcyed by any of the other Member
Agencies or the ABLE or.be subject to any of the requirements of
the other Member Agencies.
IV
PUDGET AND RISBURSEMENTS
4.01 The Board shall adopt an annual budget for the ensuing
fiscal year pursuant to procedures developed by the Board.
4.02 The Treasurer/Controller shall draw warrants upon the
approval and written order of the Board. The Board shall
requisition thq payment of funds only upon approval of such claims
or disbursements and such requisition for payment in accordance
with rules, regulations, policies, procedures and bylaws adopted by
the Board.
5
V
4.03 All funds received by the Treasurer/Controller for
helicopter services provided by the ABLE, except funds from the
City of Santa Ana, will. be placed in object accounts; and the
receipt, transfer, or disbursement of such funds during the term of
this Agreement shall be accounted for in accordance with generally
accepted accounting principles applicable to governmental entities.
There shall be strict accountability of all funds. All revenues
and expenditures shall be reported to the Board on a quarterly
basis.
4.04 All expenditures within the approved annual budget shall
be made upon the approval of the Treasurer/Controller in accordance
with the rules, policies and procedures adopted by the Board. No
expenditures in excess of those budgeted shall be made withogt the
unanimous approval of the Board, and the budget shall thereafter be
revised and amended.
4.05 The records and accounts of the ABLE shall be audited
annually by an independent certified public accountant and the cost
of the audit shall be paid by the ABLE. The minimum requirements
shall be those prescribed by the State Controller under Section
26909 of the California Government Code and in conformance with
generally accepted auditing standards. Copies of such audit report
shall be filed with the County -Auditor and each Member Agency no..
later than fifteen (15) days after receipt of said audit by the
Board.
4.06 The Member Agencies acknowledge and agree that the Costa
Mesa currently contracts law enforcement helicopter services to the
Santa Ana. This will continue until July, 1994. The Member
Agencies acknowledge that the County of Orange provides law
enforcement helicopter services to incorporated municipal public
agencies.
4.07 The Member Agencies acknowledge and agree that the ABLE
will act as a conduit for the management, direction and provision
of law enforcement helicopter services to the Member Agencies and
to, other public agencies that ccntract with the ABLE for such
services. The Ccmmander shall keep a written account of the actual
flight hours of the services provided to each Member Agency, each
contracting agency, and the Regional Narcotics Suppression Program
("P.NSP"). The written account of such flight hours shall be
provided to the Board on a monthly basis.
4.08 All revenues received by the Membet Agencies from the
RNSP program shall be divided equally among the Member Agencies
regardless of which agency flew a particular shift for RNSP.
4.09 Based on information provided by the Commander, the
Treasurer/Controller shall keep a written account of services
provided other public agencies by the Member Agencies at the
direction of the ABLE. The crews and equipment of the Member
6
Agencies shall be rotated as directed by the Board in providing
services to the other public agencies. All revenues received from
other public agencies ,contracting with ABLE for helicopter
'services, except for revenues from Santa Ana to Costa Mesa, shall
be distributed on a quarterly basis to each Member Agency under the
following formula:
(A) First, to reimburse the actual direct costs for
the Member Agency's providing Treasurer/Controller and
Secretary services to the ABLE.
(B) Second, to reimburse each Member Agency for
crew and equipment costs based upon the percentage of
flight hours produced by each Member Agency during the
fiscal year. The percentage of flight hours shall be
based on the total flight time produced by the ABLE
divided into the amount of flight hours produced by each
Member Agency.
(C) The County and Huntington Beach are each to
receive reimbursement equal to the value of the Santa Ana
contract ($200,000) before Costa Mesa shares in any
reimbursement for expenses described in paragraph (B).
When this reimbursement level is. attained, all three
agencies will share•reimbursement by their percentage of
scheduled flight hours flown thereafter.* The flight
hours spent by Costa Mesa servicing - the Santa Ana
contract will not be included in determining their
percentage of scheduled flight hours.
4.10 In establishing rates for helicopter services to public
agencies, the Board shall assure that the contracts for such
services provide for the reimbursement of the actual expenses of
providing the services, insurance coverage by the Member Agencies
for their.personnel and equipment, and administrative expenses of
the ABLE. Payment for ABLE helicopter services by contracting
public agencies shall be made on a monthly basis to the Treasurer/
Controller of the ABLE. The Treasurer/Controller shall provide a
written monthly account of all revenues and expenses of ABLE
services to other public agencies to the Board.
V
LIABILITIES
5.01 The Member Agencies acknowledge that each agency is
contributing its own personnel and equipment to a cooperative pool
of personnel and equipment to be managed by the ABLE. Each Member
Agency shall retain all debts, liabilities, insurance obligations
and other obligations for its personnel and equipment. Where
necessary and .at the direction of the ABLE Board, each Member
Agency agrees to add the ABLE as an additional insured on their
respective insurance or self-insurance coverage for their personnel
and equipment. In the event that the costs of each Member Agency's
personnel and equipment contributed to the ABLE for each fiscal
year exceeds the amount of funds to be reimbursed by the ABLE for
such costs, the Member Agencies agree to waive all rights to be
reimbursed for such costs by the ABLE from funds received by the
ABLE in subsequent fiscal years. Each Member Agency agrees to
expressly waive any and all rights to be reimbursed by the other
Member Agencies for personnel and equipment contributed to the ABLE
to the extent that revenues received by the ABLE are not sufficient
for the ABLE to reimburse the Member Agency for the costs of its
personnel and equipment contributed to the ABLE.
5.02 Each Member Agency hereto agrees to indemnify and hold
the ABLE and the other Member Agencies harmless from any liability
for damages, costs or attorney fees, actual or alleged, to persons
or -property arising out of or resulting from defective equipment
owned or leased by the indemnifying Member Agency or from negligent
acts or omissions of the• indemnifying Member Agency or its
officials or employees. In the event of liability imposed upon any
of the Member Agencies or upon the -Board created by this Agreement,
for injury which is caused.by.defective equipment or the negligent
or wrongful act or omission of any of the Member Agencies in the
performance of this Agreement, the Member Agency or Member Agencies
that own or lease such defective equipment or are directly
responsible for the negligent or wrongful acts or omissions shall
indemnify, defend, and hold the ABLE and all other Member Agencies
harmless from any liability for personal injury or property damage
arising out of the performance of•this Agreement.
5.03 Member Agencies agree that the .ABLE and Member Agencies
should be fully protected from any loss, injury, liability, damage,
claim, lawsuit, cost or expense arising out of, or in any way
related to, the performance of services pursuant to this Agreement.
Accordingly, the provisions of this Agreement should be construed
and interpreted to provide the fullest possible protection to the
ABLE, Member Agencies and Member Agency's officers and employees.
Member Agencies acknowledge that the ABLE would not provide
services pursuant to this Agreement or related Agreements in the
absence of the commitments of each Member Agency as specified in
this section. Member Agencies acknowledge that the ABLE board,
Commander and LO may be subject to liability for decisions,
management and actions in the supervision and direction of the
ABLE. In this regard, Member Agencies agree that the ABLE shall
obtain Directors and Officers insurance for ABLE directors and
officers, and that the cost of such insurance coverage shall be
deducted from funds distributed by the ABLE to the Member Agencies
on a prorata basis equal to the number of Member Agencies (i.e.,
33-1/3% for 3 Member Agencies, etc.).
5.04 Except as provided herein, each Member Agency waives and
gives up any claim against or right to sue the ABLE, any Member
Agency, or any of their officers, employees or representatives, for
8
any loss, damage or injury that arises out of, or is in any way
related, to the performance of services pursuant to this Agreement.
This waiver extends to ,liability for death, bodily injury, or
property damage, that may be sustained by the ABLE, any Member
Agency, or its officers, employees, contractors or agents and which
was proximately caused, in whole or in part, by the negligent act,
conduct or omission of the ABLE, any Member Agency, and/or their
respective officers, employees, agents contractors,
representatives, or any third party. This waiver does not extend
to death, bodily injury or property damage caused by the fraudulent
or willful conduct or any act which constitutes a violation of a
penal statute, and to a Member Agency's right to bring a legal
action against other Member Agencies who refuse or fail to honor
its requirement to defend and/or indemnify the ABLE and .other
Member Agencies as set forth in Section 5.02 and 5.06.
505 Any public agency, cther than the Member Agencies,
receiving services pursuant to this Agreement, and/or any other
contract with the ABLE, shall defend, indemnify and hold harmless
the ABLE, the responding Member Agency, and their respective
officers, employees, contractors, agents and representatives, with
respect to any claim, loss, liability, damage, lawsuit, cost or
expense that arises out of, or is in'any way related, to the
performance of services, by the ABLE or the responding Member
Agencies within the public agency's jurisdiction. Prior to the
ABLE providing services, the public agency shall provide written
proof of insurance or self-insurance coverage in amounts approved
by the Board which covers the scope and type of services provided
by the ABLE to the public agency. The obligations.of each public
agency pursuant to this section extends, Without limitation, to any
injury, death, loss or damage which occurs within that public
agency's jurisdiction and which is sustained by any third party,
any employee or contractor of the .public agency, or the
contractors employees. The terms of this •section shall be
contained in any agreement by ABLE with non-member public agencies.
5.06 Member Agencies shall be responsible for the continued
provision of workers' compensation for'the officers or agents of
the Member Agencies that serve as officers or employees of the
ABLE. In this regard, each Member Agency shall defend, indemnify
and hold harmless the ABLE and any other Member Agencies, and their
respective officers, employees, contractors, agents and
representatives with respect to any claim, loss, liability, damage,
lawsuit, cost or expense that arises out of, or is in any way
related, to any industrial/worker compensation -injury sustained by
an employee of the indemnifying Member Agency during the
performance of service by the ABLE or the responding Member
Agencies under this Agreement.
5.07 In the event that joint and several liability is imposed
upon the ABLE and/or among and between the Member Agencies for any
act or omission that occurs while performing services'.for a non-
E
member public agency, the public agency contracting for services
under Section 4.10 shall be responsible to fully satisfy any such
judgment or award and shall fully indemnify the ABLE and the Member
Agencies and their respective officers, .employees, contractors,
agents and representatives for any such liability. The terms of
this section shall be contained in any agreement by ABLE with non-
member public agencies.
9I
ADMjSS OWN _AND WITHDRAWAL OF PARTIES
6.01 Additional public agencies that contribute personnel and
aircraft equipment may become Member Agencies to the ABLE upon such
terms and conditions as provided by the Board and upon the
unanimous consent of the existing Member Agencies as evidenced by
app_oval of resolutions -therefore and the execution of a written
amendment to this Agreement by all of the Member Agencies,
including the additional Member Agency.
6.02 The withdrawal of any Member Agency, either voluntarily
or involuntarily shall, unless otherwise provided for by the Board,
be conditioned as follows:
(A) Involuntary withdrawal shall mean those
circumstances where a Member Agency must withdraw due to
fiscal or budgetary impacts which discontinue the funding
of flight crews or aircraft.
(B) In the case of a voluntary withdrawal, written
notice shall be given one hundred and twenty (120) days
prior to the end of a fiscal year;
(C) Neither voluntary ar involuntary withdrawal
shall relieve the withdrawing Member Agency of its
proportionate share of any debts or other liabilities
incurred by the ABLE prior to the effective date of the
Member Agency's withdrawal, nor any liabilities imposed
upon or incurred by the Member Agency pursuant to this
Agreement prior to the effective date of the Member
Agency's withdrawal;
(D) Withdrawal shall not result in the forfeiture
of that Member Agency's rights and claims relating to
revenues received by the ABLE during the time period that
the Member Agency provided services under ABLE direction;
and
(E) The withdrawing Member
rights and. title to its personnel
and.shall.remove such personnel
from the direction of the ABLE.
10
Agency shall retain all
and aircraft equipment
and aircraft equipment
V
V1I
TERMINATION AND DISPOSITION OF ASSETS
7.01 The ABLE shall continue to exercise the powers herein
until the termination of this Agreement and any extension thereof
as provided in this paragraph or until the Member Agencies have
mutually rescinded this Agreement provided, however, that the ABLE
shall continue to exist for the purposes of disposing of all
claims, distribution of assets and all other functions necessary to
conclude the affairs of the ABLE.
7.02 Termination shall occur upon the written consent of all
of the Member Agencies, upon the withdrawal from the ABLE of a
sufficient number of the Member Agencies to leave less than two (2)
Member Agencies remaining in the ABLE and full satisfaction of all
outstanding financial obligations of the ABLE. However, no such
termination shall occur until all other contractual obligations of
the ABLE have been satisfied.
7.03 In the event of the termination of this Agreement, any
funds remaining following the discharge of all obligations shall be
disposed of by returning to each Member Agency that is a member of
ABLE immediately prior to the termination of this Agreement, a
share of such funds proportionate to the contribution made to ABLE
by said Member Agency, to the extent legally possible.
VIll
MISCELLANEOUS
8.01 .:e dme ts.
This Agreement may be amended with the unanimous approval of
all Member Agencies; provided, however, that no amendment may be
made which would adversely affect the interests of the owners of
bonds, letters of credit or other financial obligations of the
ABLE.
8.02 rotices..
Any notice or instrument required to be given or delivered by
depositing the same in any United States Post Office, registered or
certified, postage prepaid, addressed to the Member Agencies, shall
be deemed to have been received by the Member Agency to whom the
same is addressed at the expiration of seventy-two (72) hours after
deposit of the same in the United States Post Office for
transmission by registered or certified mail as aforesaid.
8.03 effective Date.
This Agreement shall be effective at such time as this
Agreement has been executed by any two or more of the Member
Agencies enumerated in the introduction of this Agreement.
11
in
8.04 Conflicts of Interest.
No officer or employee of the ABLE or any Member Agency shall
have any financial. interest, direct or indirect, in the ABLE.. Nor
shall any such officer or employee participate in any decision
relating to the ABLE which affects his or financial interests or
those of.a corporation, partnership, or association in which he or
she is directly or indirectly interested, in violation of any State
law.or regulation.
8.05 Arbitration.
(A) Any controversy or claim between any two or more Member
Agencies, or between any such Member Agency or Member Agencies and
ABLE, with respect to the ABLE's operations, or to any claims,
disputes, demands, differences, controversies, or misunderstandings
arising under, out of, or in relation to this Agreement, shall be
submitted to and determined by arbitration. To the extent not
inconsistent herewith, the rules of the American Arbitration
Association shall apply.
(B) The Member Agency desiring to initiate arbitration shall
give notice of its intention to arbitrate to every other Member
Agency and the ABLESuch notice shall designate such other Member
Agencies as the initiating Member Agency intends to have bound by
any award made therein.
(C) The decision of the arbitrator shall be binding upon all
Member Agencies involved in the arbitration. Each Member Agency to
the arbitration shall bear its own legal costs including attorneys
fees.
8.06 Partial Invalidity.
If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to any
extent be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a court of competent jurisdiction, each and
all .of the remaining terms, provisions, sections, promises,
covenants and conditions of this Agreement shall not be affected
thereby and shall be valid and enforceable to the fullest extent
permitted by law.
8.07 Successors.
This Agreement shall be binding upon and shall inure to the
benefit of the successors of the Member Agencies hereto.
12
8.08 Assignment.
A Member Agency shall not assign any rights or obligations
under this Agreement without the written consent of all other
Member Agencies.
8.Q9 Execution.
. The legislative bodies of the Member Agencies enumerated
herein have each authorized execution of this Agreement, as
evidenced by the authorized signatures below, respectively.
City Council Approved on:
16, /993
ATTEST
T. -
C ty lerk of the City f
fL�
Costa Mesa
ATTEST
CITY OF COSTA MESA
APPROVED AS TO FORM
City Attorney
CITY OF HUNTINGTON BEACH
By:-.'-�-�-�- Jul " 'Y
Mayor
APPROVED AS TO FORM
7G�zC-/
City Clerk of City of ity Attorney 0 r g
Huntington Beach 3a �i-1St"
3
13
Dated
ATTEST: Signed and certified
that a copy of this document
has been delivered to the
Chairman, Board of Supervisors
PhyP S "Henderson',
Clttk, Board of Supervisors
14
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
Hy.
Chairman,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
By•
A�4
Dated:
-11
� y
i
SM-5
RESOLUTION NO. 3 - 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING THE
MEMORANDUM OF UNDERSTANDING FOR THE
ESTABLISHMENT OF AIRBORNE LAW ENFORCEMENT
SERVICES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the public agencies of the Cite of Costa Mesa, City of Huntington Beach,
and County of Orange {"Member Agencies"} desire to cooperate with each other to exercise
some or all of their powers to establish a regional airborne law enforcement service in the
manner set forth in the Memorandum of Understanding attached as Exhibit A and incorporated
herein; and
WHEREAS, the Member Agencies have and possess the power and authorization to
finance, acquire, and maintain a public law enforcement helicopter service and facilities for the
benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Member Agencies propos: to join together to establish, operate, and
maintain a cooperative program of management for a helicopter service for the benefit of their
respective lands and inhabitants; and
WHEREAS, it is in the public interest to provide a means by which other public agencies
acquire helicopter service for the benefit of their Iands and inhabitants; and
WHEREAS, the Member Agencies have the authority to establish such regional airborne
law enforcement service as a joint powers agency pursuant to California Government Code
Sections 6500 et seq.;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, pursuant to the aforesaid authority, does hereby adopt the Memorandum of Understanding
attached hereto as Exhibit A and incorporated herein, and authorizes the Mayor and Deputy City
Clerk to execute the Memorandum of Understanding.
BE IT FURTHER RESOLVED that the Chief of Police is appointed as a member of the
Board of the Airborne Law Enforcement Services joint powers agency established by the
Memorandum of Understanding.
PASSED AND ADOPTED this 16th day of August, 1993.
ATTEST:
1.
Deputy Ci Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
ayor of the ehof Costa Mesa
/A11PROVED AS�RM
�.t���,
CITY ATTORNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex-officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. T3-111
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 16th day of August, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 17th day of August, 1993.
t
L4Z'�
Deputy Ci Clerk and ex-officio Clerk of
the City CWuncil of the City of Costa Mesa
the foregoing instrument is a correct copy
of the original on file in this office.
ATTEST.
CITY !:LEnORAN
l: GITY OF COSTA MESA
COUNT Y OE, STATE OF CALIFORNIA
Q
DATED: �1 �� 19_1 -,
14rc.n 1I,7 /orr
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
August 3, 1993
On motion of Supervisor Stanton, duly seconded and
carried, the following Resolution was adopted:
BE IT RESOLVED that this Board does hereby authorize
the Chairman of the Board of Supervisors to execute
the Joint Powers Agreement for Airborne Law Enforcement
Services (ABLE) between the Orange County Sheriff -Coroner
Department, on behalf of the County of Orange, the City of
Costa Mesa and the City of Huntington Beach.
Resolution No. 93-545
Joint Powers Airborne
Law Enforcement
Services Agreement
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Chairman of the Board of Supervisors
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SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
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TO TrH CHAIRMA OF THE BOARD
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PHYLLIS A. HENDERSON
Cler of the Board of Supervisors
County of Orange, California
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AYES: SUPERVISORS ROGER R. STANTON, HARRIETT M. WIEDER, GADDI H.
VASQUEZ, WILLIAM G. STEINER and THOMAS F.
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RILEY
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NOES: SUPERVISORS NONE
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ABSENT: SUPERVISORS NONE
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STATE OF CALIFORNIA )
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) ss:
COUNTY OF ORANGE j
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I, PHYLLIS A. HENDERSON, Clerk of the Board of Supervisors of
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Orange County, California, hereby certify that the above and foregoing
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Resolution was duly and regularly adopted by the said Board at the
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regular meeting thereof held on the 3rd day of August, 1993, and
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passed by a unanimous vote of said Board.
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IN WITNESS WHEREOF, I have hereto set my hand and seal this 3rd
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day of August 1993.
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HYLLIS A. HENDERSON
Clerk f the Board of Supervisors
of Orange County, California
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MISC\R222 2.