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
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Submitted to:
Honorable Mayor and City Council
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Submitted by:
Michael T. Uberuaga, City Administrator
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Prepared by:
Michael P. Dolder, Fire Chief
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Subject:
AGREEMENT WITII TIrCITY OF NEWPORT BEACII T
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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
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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
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Evelyn Schubert
Deputy City Clerk
cc: Fire Chief Dolder
Rich Barnard, Deputy City Administrator
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(Ttlephme: 714.6M2V)
INDEMNITY AGREEMENT BETWEEN
HUNTINGTON BEACH, NEWPORT BEACH, AND
CENTRAL NET OPERATIONS AUTHORITY
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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