HomeMy WebLinkAbout94-74 - Approving Addendum Agreement to MOU for Airborne Law Enforcement Regarding Insurance Coverage195
RESOLUTION NO. 94-74
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, APPROVING
THE ADDENDUM AGREEMENT TO THE MEMORAN-
DUM OF UNDERSTANDING FOR THE AIRBORNE LAW
ENFORCEMENT SERVICES REGARDING INSURANCE
COVERAGE OBTAINED BY "ABLE".
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
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 added as a Member Agency by the Addendum Agreement
dated August 1, 1994; 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 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; 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.; and
WHEREAS, 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 hereto as
Exhibit "A" and incorporated herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, 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 Mayor to execute the Addendum Agreement to the
Memorandum of Understanding.
BE IT FURTHER RESOLVED that the Police Chief 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 1 st day of August, 1994.
Mayor of the City of Costa Mesa
ATTEST:
Deputy City Jerk of the City of Costa Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. 94-74 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the I st day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 2nd day of August, 1994.
Deputy qy Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
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ADDENDUM AGREEMENT NO. 2
This agreement is made and entered into this �S� day of
AQ(. , 1994, 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 Participate in
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 may be contained in any agreement
by ABLE with non-member public agencies.
Exhibit "A"
Resolution No. 94-74
Page 1 of 3
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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 % 4
CITY OF COSTA MESA
ATTEST APPROVED AS TO FORM
G�.-� % �u�.e„^A� IGS 3- � • �`I�
Deputy C' y Clerk of the City Attorney
City of Costa Mesa
Dated CITY OF HUNTINGTON BEACH
Mayor
ATTEST APPROVED AS TO FORM
City Clerk of City of City Attorney
Huntington Beach /v- 1.at- Su 6C -/j
Dated //-1�-N CITY OF NEWPORT BEACH
By:
Mayor
Exhibit "A"
Resolution No. 94-74
Page 2 of 3
ATTEST
Newport Beach
Dated MAY 2 3 iS95
ATTEST: Signed and certified
that a copy of this document
has been delivered to the
Chairman, Board of Supervisors
KATNLEEM E. GOGDNO,Ifetney ACTING
• r
Clerk, Board of'Supervisors
APPROVED AS TO FORM
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
By:
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Chairman,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
i
Dated: v
Exhibit "A"
Resolution No. 94-74
Page 3 of 3
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