Loading...
HomeMy WebLinkAboutCentral Net Operations Authority - CNOA - Indemnity Agreement/Video Production Resources - 1995-01-03' CITY COUNCIL REQUEST FOR AkTION Date: January 3, IT 5''e x O Submitted to: Honorable Mayor and City Council e C Submitted by: Michael T. Uberuaga, City Administrator I � C Prepared by: Michael P. Dolder, Fire Chief r. Subject: AGREEMENT WITII TIrCITY OF NEWPORT BEACII T � C Z ,; SHARE CERTAIN VIDEO PRODUCTION RESOURCES Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The City of Newport Beach owns a van specially equipped for producing videos. The City of Huntington Beach employs a person, whose position is funded by the Central Net Operations Authority, with expertise in operating video equipment. This agreement would provide for these resources to be combined for mutual benefit. RECOMMENDATION: By motion, approve and authorize execution by the City Administrator and City Clerk of the agreement with the City of Newport Beach to share certain video production resources. ANALYSIS: The City of Newport Beach recently acquired a van with specialized equipment for use in shooting and editing videos at remote locations. Budget reductions have compromised Newport Beach's ability to staff the van. The City of Huntington Beach employs an Audio Visual Media Specialist who is fully funded by the Central Net Operations Authority (CNOA). CNOA is a four -city joint powers agency of which Newport Beach is a member. The day-to-day operation of CNOA is administered by the City of Huntington Beach. CNOA does not have a video equipped van. This agreement would make the van available to CNOA for use in developing training tools and recording emergency operations. In exchange, the Audio Visual Media Specialist would perform some video work for the City of Newport Beach as part of the CNOA training needs. There are no direct costs to CNOA or the City of Huntington Beach and access to the video van would be useful to both entities. CNOA and the City of Huntington Beach does assume liability when the Audio Visual Media Specialist is operating the vehicle. FUNDING SOURCE: No fiscal impact. V Request for City Council Action Agreement with City of Newport Beach Page 2 CONCURRENCE: The Fire Chief and City Attorney have reviewed the proposed agreement and concur with the recommendation. The agreement has also been reviewed and approved by the CNOA governing board. ALTERNATI`'E ACTIONS: Do not approve the contract. Failure to approve the agreement will have no negative impact on existing video production capabilities. AT 'ACIIAIENTS: 1. INDEMNITY AGREEMENT Between City of Huntington Beach and City of Newport Beach. MTU/MPD/MSXVcgs ANAM. L, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 82648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 19, 1995 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Attention: Fire Chief Tim Riley The City Council of the City of Huntington Beach at the meeting held January 3, 1995 approved the Indemnity Agreement Between Huntington Beach, Newport Beach, and Central Net Operations. Enclosed is an executed copy for your files. If there are any questions regarding the matter please call the Office of the City Clerk at (714) 536-5227. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk cc: Fire Chief Dolder Rich Barnard, Deputy City Administrator 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CCNME BROCKWAY CITY CLERK January 19, 1995 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Attention: Fire Chief Tim Riley CALIFORNIA 92648 The City Council of the City of Huntington Beach at the meeting held January 3, 1995 approved the Indemnity Agreement Between Huntington Beach, Newport Beach, and Central Net Operations. Enclosed is an executed copy for your files. If there are any questions regarding the matter please call the Office of the City Clerk at (114) 536-5227. Connie Brockway City Clerk �.�:c�,fr✓ i4 Evelyn Schubert Deputy City Clerk cc: Fire Chief Dolder Rich Barnard, Deputy City Administrator G (Ttlephme: 714.6M2V) INDEMNITY AGREEMENT BETWEEN HUNTINGTON BEACH, NEWPORT BEACH, AND CENTRAL NET OPERATIONS AUTHORITY If fsr This indemnity agreement is entered into effective this day of +994 between the City of Huntington Beach a municipal corporation, dentral Net Operations Authority a joint power agency, and the City of Newport Beach a municipal corporation with regard to the following: A. The parties are each signatories to the Central Net Operations Joint Powers Agreement, dated July 1, 1992, (hereinafter "JPX), which creates the Central Net Operations Authority, a joint powers authority for fire training and communications, ('Authority'). B. The Audio Visual Media Specialist is employed by the City of Huntington Beach. This position with the City of Huntington Beach is funded by the Authority. C. The Audio Visual Media Specialist has the requisite training and experience to provide video services in response to fire and paramedic incidents to acquire video footage for training purposes, ('video services"). The Authority has adopted policies for video unit incident responses. D. Newport Beach owns and operates a van which is technically outfitted for providing video operations. Newport Beach's van is identified as the "video van." E. The City of Newport Beach has occasional need for a Audio Visual Media Specialist, the City of Huntington Beach and the Authority need a van for the Audio Visual Media Specialist to provide video services. It is anticipated that the Audio Visual Media Specialist will provide a variety of video services for the Authority approximately forty (40) hours per week. Occasionally, Huntington Beach or Newport Beach may request individual video services for training purposes as part of the Central Net Operations Authority policies. F. NOW, THEREFORE, in consideration of the foregoing, the Central Net Operations Authority, the City of Newport Beach and the City of Huntington Beach agree to the following: All maintenance, fuel, repair, and other expenses to maintain and operate the vehicle will be the responsibility of the Central Net Operations Authority. 2. All wages, benefits, vacation, and Workers Compensation coverage for the Audio Visual Media Specialist shall be the responsibility of the City of Huntington Beach. 3. The video van can only be used for providing video services for the Authority or its members. 4. The City of Huntington Beach shall defend, indemnify, and hold the Central Net Operations Authority, and the City of Newport Beach, their officers, employees, and agents harmless from and against any and all liability, loss, expense, attorney fees or claims for injury or damages arising out of the use of the video van by the Audio Visual Media Specialist while providing video specialist services for the City of Huntington Beach, but only in proportion to and to the extent such liability, loss, expense, attorneys fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omission of the City of Huntington Beach, its officers, agents or employees, including, but not limited to the Audio Visual Media Specialist. 5. The City of Newport Beach shall defend, indemnify, and hold the Central Net Operations Authority, and the City of Huntington Beach, their officers, employees, and agents harmless from and against any and all liability, loss, expense, attorney fees or claims for injury or damages arising out of the use of the video van by the Audio Visual Media Specialist while providing video services for the City of Newport Beach, but only in proportion to, and to the extent such liability, Ioss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omission of the City of Newport Beach, its officers, agents, or employees, or the Audio Visual Media Specialist while performing video services for the City of Newport Beach. 6, The Central Net Operations Authority, shall defend, indemnify and hold the cities of Huntington Beach and Newport Beach, their officers, employees, and agents, harmless from and against any and all liability, loss, expense, attorney fees or claims for injuries or damages arising out of the use of the video van by the Audio Visual Media Specialist while providing video service or other services described in the Joint Powers Agreement for or on behalf of the Authority, but only in proportion to, and to the extent such liability, loss, expense, attorneys fees, or claims for injuries or damages are caused by or result from the negligent or intentional acts or omission of the Central Net Operations Authority, its officers, agents, or employees including, but not limited to the Audio Visual Media Specialist. 7. Nothing in this Agreement is intended to or shall in any way supersede, amend, alter or otherwise affect the terms, conditions, or agreements in the Joint Powers Authority, but is intended to supplement the Joint Powers Authority. To the extent any terms of this Agreement may be construed to conflict with the Joint Powers Authority, the terms of the Joint Powers Authority shall prevail. ATTEST: City Clerk REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor CITY OF NEWPORT BEACH, A municipal corporation of the State of California City Administrator Cit anager INITIATED AND APPROVED: APPROVED AS TO FORM: City Attorney ewanagree (01/03/95) CENTRAL NET AUTHORITY, A joint powers agency Chairperson