HomeMy WebLinkAbout96-100 - Approving Addendum No. 3 to MOU for Airborne Law Enforcement ServicesRESOLUTION NO. 96 _ /0D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING
ADDENDUM NO. 3 TO THE MEMORANDUM OF
UNDERSTANDING FOR AIRBORNE LAW ENFORCEMENT
SERVICES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the public agencies of the City of Costa Mesa and the City of
Newport Beach desire to cooperate with each other to exercise some or all of their
powers to establish, operate, and maintain the regional AirBorne Law Enforcement
Services Agency ("ABLE") consistent with the Memorandum of Understanding
("MOU") dated August 3, 1993; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach 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 such services by ABLE have
benefitted their respective lands and inhabitants; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach have the
authority to adopt Addendum No. 3 to formalize the reorganization of ABLE pursuant
to California Government Code Sections 6500 et seq.;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, pursuant to the aforesaid authority, hereby adopts and approves
Addendum No. 3 to the MOU, attached hereto as Exhibit "A" and incorporated herein
by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
take the necessary steps consistent with Addendum No. 3 to effectuate the
reorganization of ABLE.
PASSED AND ADOPTED this 18th day of November, 1996.
ATTEST:
1
Deputy City lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Ma,
a of the City of Costa Mesa
PROVED AS TO FORM
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. 9 - oo was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 18th day of November, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19th day of November, 1996.
1
Deputy Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
ADDENDUM NO. 3 TO
MEMORANDUM OF UNDERSTANDING
This Addendum is entered into on Novembers , 1996, by and between the
City of Costa Mesa ("Costa Mesa"), a municipal corporation, and the City of Newport
Beach ("Newport Beach"), a municipal corporation, to amend the Memorandum of
Understanding ("MOU"), dated August 3, 1995, and as amended by Addendums No.
1 and No. 2 on August 1, 1996.
RECITALS
WHEREAS, Costa Mesa and Newport Beach approved the reorganization of the
Airborne Law Enforcement Services Agency ("ABLE") upon the withdrawal of the City
of Huntington Beach ("Huntington Beach") and County of Orange ("County"); and
WHEREAS, this Addendum will amend the MOU to reflect the reorganizatin plan
approved by Costa Mesa and Newport Beach and to address the provision and disposal
of helicopter/aircraft by ABLE should the amended MOU be terminated.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein the parties agree as follows:
1. Paragraph 4.11 is added to the MOU to read as follows:
"Provided funds are available for appropriation, the member
agencies Costa Mesa and Newport Beach agree to budget for fiscal year
1997-98, and thereafter, the necessary funds to purchase the aircraft as
identified in the letter of intent, attached hereto and incorporated herein
by this reference and marked as Exhibit 1, and such other aircraft for
ABLE as mutually agreed upon by Costa Mesa and Newport Beach."
2. Paragraph 4.12 is added to the MOU to read as follows:
"Revenues received by ABLE from LoJack Corporation shall be
disbursed in equal amounts four (4) ways between Costa Mesa, Newport
Beach, Huntington Beach and Orange County Sheriff's Department.
ABLE shall be the primary contractor for LoJack and may execute
subcontracts to Huntington Beach and Orange County and other public
agencies as determined by the Board."
3. The provisions of Subparagraph (B) of Paragraph 6.02 of the MOU is
amended to read as follows:
"(B) In the case of voluntarily withdrawal, written notice shall be
given one hundred twenty days (120) prior to the end of a fiscal year,
except that such notice may be shortened by unanimous approval of the
Board."
4. Paragraph 7.04 is added to the MOU to read as follows:
"Notwithstanding other provisions in the MOU, the member
agencies Costa Mesa and Newport Beach agree to follow a procedure for
selling of equipment and aircraft in the event the MOU is terminated.
The equipment and aircraft shall be given a fair market value by an
appraiser mutually agreed upon by Costa Mesa and Newport Beach.
Before the equipment and aircraft are sold on the open market, Costa
Mesa and Newport Beach, each, shall have the right to purchase the
equipment and aircraft at a price and under terms as mutually agreed
upon by Costa Mesa and Newport Beach which may include a financing
arrangement for the purchaser and a leasing arrangement for the non -
purchasing member agency to allow for a transition period after the
termination of the MOU. Proceeds from the sale of equipment and
aircraft upon termination of the MOU shall be equally distributed (50/50)
to Costa Mesa and Newport Beach."
5. The provisions of Subparagraph (c) of Paragraph 4.09 of the MOU is
deleted.
6. The provisions of this Addendum shall supercede all other amendments
to the MOU by Addendums Nos. 1 and 2. In the event of a dispute concerning the
provisions of this Addendum, the parties agree to submit the matter to binding
arbitration before a retired judge mutually agreed upon by the parties.
7. Except as provided herein, all other provisions of the MOU Addendum
Nos. 1 and 2 shall remain in full force and effect.
8. The legislative bodies of Costa Mesa and Newport have each authorized
execution of this Addendum as evidenced by the authorized signatures below,
respectively.
Dated: 119
ATTEST:
7'
Deputy Cit Clerk
of the City of Costa Mesa
CITY OF COSTA MESA
CQ
y r of the City of Costa Mesa
Dated:
ATTEST:
City Clerk of the City of
Newport Beach
APPROVED AS TO FORM:
/vim :1"�-P I -15 - `1 b
City Attorney of the City of
Costa Mesa
CITY OF NEWPORT BEACH
Mayor of the City of Newport Beach
APPRQVED AS TO FORM:
Fsi1G/5fffo-rney of the City of
Newport Beach
WAVAJr.rrMj' r
AirBorne Law Enforcement Services
Chief Bob McDonrllNovember
7 1996
Newport Beach Police Department
#70 Santa Barbara
Newport Beach. CA 02660
(714)644-1-701
Fax: (714) 6a -t -?'00
Mr. Dale Christman
McDonnell Douglas Aerospace
Chief Dave Snowden
Costa Mesa Police Department
Helicopter Systems
99 Fair Drive
Custa Mesa, CA 1)2626
5000 East McDowell Road
X714) 754-5115
Mesa, AZ 85215-9797
Fax: (714)) 7j44-500'
Dear Mr. Christman,
It is the intention of the cities of Costa Mesa and Newport Beach,
through the AirBorne Law Enforcement Program, to purchase one (1)
MD520N McDonnell Douglas Helicopter. This Letter of Intent, upon
approval of both City Councils and signatures of both City Managers,
will be followed by the issuance of a Purchase Order.
If there are any questions regarding this Letter of Intent, please feel
free to call Captain Dave Brooks, Costa Mesa Police at (714) 754-5384 or
Captain Paul Henisey, Newport Beach Police, at (714) 644-3720. Thank
you in advance for your assistance in this matter.
Sincerely,
Allan Roeder
Costa Mesa City Manager
IFS �D ASA TRUE AND COCf cof r
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CITY aERKGFflWWOMYVP✓ UACH `-
DAIS
Kevin Murphy
Newport Beach City Manager
RESOLUTION NO. 96 - 96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ADDENDUM
NO.3 FOR AIRBORNE LAW ENFORCEMENT SERVICES.
WHEREAS, the public agencies of the City of Costa Mesa and the City of Newport
Beach desire to cooperate with each other to exercise some or all of their powers to establish,
operate, and maintain the regional AirBorne Law Enforcement Services Agency ("ABLE")
consistent with the Memorandum of Understanding ("MOU") dated August 3, 1993; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach 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 such services by ABLE have benefited their respective lands and
inhabitants; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach have the authority to
adopt Addendum No. 3 to formalize the reorganization of ABLE pursuant to California
Government Code sections 6500 et seq.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Newport
Beach, California, pursuant to this authority, hereby adopts and approves Addendum No. 3 to
the MOU, attached as EXHIBIT "A" and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take the
necessary steps consistent with Addendum No. 3 to effectuate the reorganization of ABLE.
PASSED AND ADOPTED this 25th day of November 1996.
ATTEST:
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City Clerk
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11/18/96
�J
Mayor
CERTIFIED ASATRUE AND
/ CORFECTCory
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