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HomeMy WebLinkAbout05 - AirBorne Law Enforcement (ABLE) M.O.U. Addendum and Letter of Intent to Purchase a Replacement Helicopter• Ag*-a Item No. (3 CITY OF NEWPORT BEACH . CY OTH E CTY CC POLICE DEPARTMENT F NEWPOR NOV25' November 25, 1996 C _ 3 o t. I— TO: Honorable Mayor, Members of the City Council and City Manager FROM: Bob McDonell, Chief of Police SUBJECT: AirBorne Law Enforcement (ABLE) M.O.U. Addendum and Letter of Intent to Purchase a Replacement Helicopter RECOMMENDATION: It is recommended the City Council approve the attached Resolution adding Addendum No. 3 to the ABLE M.O.U. Included in the addendum are provisions to: 1. Authorize the City Manager to sign a Letter of Intent to purchase a new helicopter to replace two existing helicopters. 2. Continue ABLE as the prime contractor for services to LoJack Corporation. 3. Provide for each agency to give 120 days notice prior to withdrawal. • 4. Establish a procedure for ABLE to sell equipment in the event the Memorandum Of Understanding is terminated. ANALYSIS: On September 9, 1996, the Newport Beach City Council approved the reorganization of ABLE, combining the Helicopter Units of the Newport Beach and Costa Mesa Police Departments. At that time, it was discussed there would be several items coming to the council for approval. Addendum No. 3 addresses these issues. This resolution is scheduled to go before the Costa Mesa City Council for their approval on November 18, 1996. The following items are included in this addendum: Paragraph 4.11 is added, indicating each City will budget the funds necessary to purchase a helicopter, as identified in the letter of intent. The proposal approved at the September 9th meeting calls for each agency to sell one helicopter, and authorizes ABLE to purchase one replacement helicopter. The letter of intent is the first step towards the purchase of this helicopter. McDonnell Douglas requires only a letter of intent from governmental agencies, followed by a purchase order, in lieu of a down payment. The letter of intent preserves our position in the queue for one of their ships scheduled for construction. The pricing and terms are consistent with those estimates previously approved by both Councils in . their actions which brought about the consolidation. A copy of the letter is attached to the addendum for signature by both City Managers. Resolution to Appro &BLE Addendum No. 3 Page 2 Paragraph 4.12 is added to continue ABLE as the prime contractor for LoJack • Corporation. LoJack contracts with ABLE for the use of its equipment to locate stolen vehicles with the use of police helicopters. This includes ships from Huntington Beach and Orange County Sheriff. Because the service has not changed, although the latter two agencies are no longer associated with ABLE, an agreement has been reached among all parties for ABLE to continue as the prime contractor for the service and to disburse revenues equally. Paragraph 6.02, subparagraph B is amended to give each agency 120 days prior to the end of the fiscal year to give notice for withdrawal. Paragraph 7.04 is added to establish a procedure for the selling of equipment and aircraft in the event the M.O.U. is terminated. The equipment will be given a fair market value by a mutually agreed upon appraiser. Each agency will have the option of buying or leasing the equipment during the transition period after the termination of the M.O.U. The remaining equipment will be sold and the proceeds shall be equally distributed between Costa Mesa and Newport Beach. Respectfully Submitted, Paul Heni ap ' Patrol/Traffic Division Commander Approved Bob McDonell CHIEF OF POLICE Attachments 1. Resolution Approving Addendum No. 3 2. Addendum No. 3 3. Letter of Intent to McDonnell Douglas Aerospace Corp. RESOLUTION NO. 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 AirBome 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 0 inhabitants; and 0 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 day of November 1996. Mayor 9 • ATTEST: APPROVED AS TO FORM: • City Clerk tcaftbV sobbabte3.doc MUM City Attomey • • • ADDENDUM NO.3 TO MEMORANDUM OF UNDERSTANDING This Addendum is entered into on November _, 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 AirBome Law Enforcement Services Agency ("ABLEJ 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 reorganization 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 -1998, 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 Sheriffs 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 voluntary withdrawal, written notice shall be given one hundred twenty (120) days 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: K CITY OF COSTA MESA By: 0 0 0 • 0 ATTEST: Deputy City Clerk of the City of Costa Mesa Date: ATTEST: City Clerk 0 ADDEN&MOU 111 - 12.961 0 0 APPROVED AS TO FORM: Aj,�, - - & V, 4 City Attorney CITY OF NEWPORT BEACH a APPROVED AS TO FORM: City Attorney Chief Bob McDoneB Newport Beach Polio Depanmau 870 Saga Barham Newport Beach. CA 92660 (714)641.170: Fac: (714)644.3700 Chief hove Snowden Cosm:Nesa Police Department 99 Fair Drive Costa Mesa. CA 92626 (714) 754 -5115 Fac (714)754.50M 0 r�r r.rr.r AirBorne Law Enforcement Services November 7,1996 Mr. Dale Christman McDonnell Douglas Aerospace Helicopter Systems 5000 East McDowell Road Mesa, AZ 85215 -9797 Dear Mr. Christman, 0 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 Kevin Murphy Newport Beach City Manager 0 n LJ n LJ