HomeMy WebLinkAboutAIRBORNE LAW ENFORCEMENT 08 - 2004
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AIRBORNE LAW ENFORCEMENT
SERVICES AGREEMENT
(SUBSCRIBER)
This Agreement is ma~e this. JUtt€- 2..1). ~~oL{-----;;--, by ~d between the
Airborne Law Enforcement ServIces Jomt Powers Authonty ( ABLE) and the CIty of Santa Ana
("AGENCY") based on the following:
A. ABLE, through its Member Agencies (City of Costa Mesa and City of Newport
Beach), employs, maintains, trains and equips personnel capable of responding to requests for
law enforcement helicopter services from ground based law enforcement personnel.
B. AGENCY is responsible for providing law enforcement servIces within its
jurisdiction, which include law enforcement helicopter services.
C. AGENCY requires the services of ABLE to provide law enforcement helicopter
services to its land and residents.
D. AGENCY has prior to the effective date of this Agreement, adopted a resolution
authorizing certain of its employees to sign this Agreement and make requests for law
enforcement helicopter service for the AGENCY.
I
PURPOSE
1.01 The purpose of this Agreement is to provide law enforcement helicopter services
to AGENCY'S land and residents and for AGENCY to pay for the cost of the services provided
by ABLE.
1.02 Nothing in this Agreement shall be interpreted to give AGENCY a right to
services from ABLE. ABLE expressly retains all rights and powers to direct, manage, maintain,
train, employ, equip, operate and control all equipment, facilities, properties and personnel in
providing law enforcement helicopter services to AGENCY pursuant to this Agreement.
AGENCY acknowledges and agrees that the efficient use of public safety helicopter services
requires a timely and prioritized response of a helicopter. AGENCY agrees that ABLE will have
the sole discretion to determine the priority of calls for service and when an assignment of an air
crew to a call will be terminated.
1.03 Notwithstanding anything in the Agreement to the contrary, the AGENCY
expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate
and control all equipment, facilities, properties and personnel in providing ground based public
safety services to its land and residents.
1.04 This Agreement shall not alter, amend, supersede or modify any of the provisions
of the Joint Powers Agreement for Airborne Law Enforcement Services, dated October 25, 1999,
and as amended ("JPA It).
II
SERVICES
2.01 ABLE, through its Member Agencies, will furnish the AGENCY with public
safety helicopter services as more particularly set forth in Exhibit "A", attached hereto and
incorporated herein by this reference, and subject to the limitations in the JP A. The term of the
Agreement shall be for one (1) year, subject to renewal for successive one (1) year terms as
mutually agreed to by the parties. ABLE, the Member Agencies and helicopter aircrews retain
the sole and exclusive discretion as to the specific type, nature, timing and duration of the
services performed pursuant to this Agreement.
2.02 In no event shall ABLE, the Member Agencies or the aircrew be responsible for
the direction and control of ground based law enforcement personnel and equipment of
AGENCY during the course and scope of the services performed pursuant to this Agreement.
III
AGENCY DUTIES
3.01 AGENCY shall pay ABLE a subscriber cost, as determined by ABLE pursuant to
Paragraph 4.01 of this Agreement, for services provided by ABLE under this Agreement. The
services performed by the ABLE aircraft shall commence as of the date and time the aircraft is
dispatched to or arrives over the airspace of the AGENCY, whichever occurs first. These
services shall continue until the aircrew notifies the AGENCY that the assignment is completed
or terminated due to higher priority assignments. Services performed by ABLE Aircraft for the
AGENCY shall be defined as:
A. A direct request for air support services by the AGENCY where an ABLE
aircraft arrives over the incident as logged by the aircrew (operationally
identified as a "D-l" call) or;
B. Any public safety call generated by the AGENCY and monitored by an ABLE
aircrew in which they arrive over the incident as logged by the air crew
(operationally identified as a "D-2" call) or;
C. Routine patrol over AGENCY's jurisdictional areas.
The AGENCY may authorize its ground based public safety supervision to cancel a
response as defined under subsection B.
3.02 AGENCY agrees to comply with the FAR Part 91 Operations Manual Section
4085 in making calls for services, which establishes priority for calls to ABLE.
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3.03 AGENCY agrees to install within its communications/dispatch center any radio
equipment necessary to communicate directly with ABLE on the designated "Airnet" frequency
(Low Band). All costs associated with said installation will be paid by AGENCY.
3.04 AGENCY shall provide a full-time sworn police officer employed by the
AGENCY for use by ABLE in providing law enforcement helicopter services. AGENCY shall
receive a credit against monthly service charges as provided in Section 4.02.
IV
ABLE COLLECTIONS
4.01 AGENCY shall pay the rate, set forth in Exhibit "A" to ABLE for services
provided to AGENCY under this Agreement. Upon thirty (30) days written notice to AGENCY,
ABLE may adjust the rate in Exhibit A based on ABLE's annual operating cost and the average
time per call. AGENCY shall pay the monthly rate set forth in Exhibit "A" for the preceding
month of service.
4.02 AGENCY shall receive a credit for the provision of a full-time sworn police
officer from AGENCY to ABLE as set forth in Section 3.04. Such credit shall be equal to the
cost to AGENCY for the salary and benefits for each month the officer is utilized by ABLE. The
credit shall be included in the total service provided to the AGENCY as set forth in Exhibit "A".
A credit shall not result in a refund of monies paid by AGENCY to ABLE. A credit shall not be
transferred by AGENCY to another public agency.
4.03 ABLE will provide the AGENCY with a monthly statement detailing all calls for
service and time spent on routine patrol over the AGENCY's jurisdiction as provided by ABLE
aircrews. The AGENCY shall notify the ABLE Bureau Commander within ten (10) days of
receipt of the monthly statement of any disputed calls for service in which they are billed. The
Bureau Commander and the AGENCY Supervisor will review the service provided by ABLE on
a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A". The
Bureau Commander will be responsible for resolving disputes and adjusting service levels to
coincide with Exhibit "A".
V
INDEMNIFICATION AND WAIVER
5.01 AGENCY agrees that ABLE and the Member Agencies should be fully protected
from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way
related, to the performance of services pursuant to this Agreement. Accordingly, the provisions
of this Agreement should be construed and interpreted to provide the fullest possible protection
to ABLE and the Member Agencies. AGENCY acknowledges that ABLE would not provide
services in the absence of the commitments of AGENCY as specified in this Agreement.
5.02 AGENCY shall defend, indemnify and hold harmless ABLE and the Member
Agencies, and their respective officers, employees, contractors, agents and representatives, with
3
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 ABLE or the Member Agencies within the
AGENCY's jurisdiction, except those which arise out of the sole negligence of ABLE. The
obligation of the AGENCY pursuant to this section extends, without limitation, to any injury,
death, loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by
any third party, any employee or contractor of ABLE and to such contractor's employees.
5.03 ABLE shall defend, indemnify and hold harmless AGENCY and its 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 negligent
performance of services by ABLE or the Member Agencies within the AGENCY's jurisdiction.
The obligation of ABLE pursuant to this section extends, without limitation, to any injury, death,
loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by any
third party, any employee or contractor of AGENCY and to such contractor's employees.
5.04 In the event that liability is imposed on AGENCY and ABLE, any Member
Agency, or their respective officers, employees, agents or representatives, that arises out of or is
in any way related to providing law enforcement helicopter services pursuant to this Agreement,
or the existence of any emergency within AGENCY's jurisdiction, AGENCY and ABLE
(including its member agencies and their respective officers, employees, contractors, agents and
representatives) shall mutually defend and indemnify each other in proportion to their share of
liability on a comparative fault basis. Nothing in this Section shall in any way alter or modify the
provisions of Section 5.02 and or Section 5.03.
5.05 With regard to any sworn police officer or employee provided by AGENCY to
ABLE pursuant to Section 3.04, or any other provision of this Agreement, the following
provisions shall apply:
A. AGENCY shall defend and indemnify ABLE, any Member Agency, or their respective
officers, employees, agents or representatives for any liability resulting from any negligence on
the part of said sworn peace officer or employee arising out of his/her acts undertaken for or on
behalf of ABLE.
B. AGENCY and any sworn police officer or employee provided to ABLE pursuant to
Section 3.04 shall release ABLE, any Member Agency, and their respective officers, employees,
agents or representatives from any liability for injury or damage sustained by said sworn police
officer or employee arising out of his/her activities for or on behalf of ABLE.
C. Any sworn police officer or employee provided to ABLE pursuant to Section 3.04 is
and shall be acting at all times as an employee of the AGENCY and not as an employee of ABLE
or the Member Agencies. AGENCY shall secure, at its expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation and other payroll deductions of such sworn police officer or
employee of the AGENCY. Any and all liability for workers compensation benefits that may be
due to any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall
4
remain the responsibility of the AGENCY that supplied said employee. Neither ABLE, nor any
Member Agency, their respective officers, their employees, agents or representative shall have
any liability to said sworn police officer or employee for workers compensation benefits.
VI
JPA CONSISTENCY
6.01 The provisions of this Agreement shall be interpreted in light of, and in a manner
consistent with, the JP A. In the event of any conflict between the provisions of the JP A and this
Agreement, the provisions of the JP A shall control. AGENCY agrees to perform all duties
required of it pursuant to the JP A as presently constituted or as hereafter amended.
6.02 AGENCY agrees to the indemnification provisions of Paragraph 5.05 of the JP A,
which is incorporated herein by this reference. ABLE has obtained liability insurance coverage
for helicopter services provided to AGENCY under this Agreement as set forth in Exhibit B, and
AGENCY will be added as an additional insured under the policy on execution of this
Agreement, and receive notice if the policy is canceled.
VII
MISCELLANEOUS PROVISIONS
7.01 Each of the parties to this Agreement shall immediately notify the other of any
litigation or claim that is asserted by or against either party regarding this Agreement or the JP A.
7.02 Each of the Parties to this Agreement shall cooperate with one another in the
defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to
this Agreement or the JP A, as well as any effort of ABLE to collect money from persons or
entities responsible for any request for law enforcement helicopter services. To the extent
reasonably feasible, ABLE and Agency agree to submit to binding arbitration, before a JAM
judge or similar agency mutually acceptable to the parties, any disputes concerning the
interpretation of this Agreement and arising out of the performance of this Agreement.
Furthermore, any such arbitration shall be commenced within thirty (30) days of written notice
given by one party to the other party on the demand for arbitration, and the arbitration award
shall be final to the extent permitted by law.
7.03 Each of the Parties to this Agreement may terminate this Agreement for any
reason upon one hundred twenty (120) days prior written notice.
7.04 The validity of this Agreement, and any of its terms and provisions, as well as the
rights and duties of the Parties, shall be interpreted and construed pursuant to, and in accordance
with, the laws of the State of California.
5
IN WITNESS WHERE OF, the parities hereto have executed this Agreement the day and year
first above written.
CITY OF SANTA ANA
ABLE
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DAVID N. REAM, City Manager
~~
PATRICAI E. HEALY
Clerk of the Council
ATTEST:
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PHYLLIS SCHIEL
Secretary to Board of Governors
APPROVED AS TO FORM:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City At~rney ,
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Laura Sheedy
Assistant City Attorney
A~f~
DAN OHL .
Assistant City Attorney
City of Newport Beach
RECOMMENDED FOR APPROVAL:
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PAULM. WALTERS
Chief of Police
6
EXHIBIT II All
The fees set forth in this exhibit represents the total cost of service provided
by ABLE to the City of Santa Ana, referred to herein as AGENCY. The
service provided by ABLE will coincide with available funds and credits as
provided for in the following table. Service is based on ABLE's hourly
operating cost and amortized over the entire contract period on a monthly
basis. The billing shall be divided into twelve equal monthly payments of
$30,630.83, less the employee credit of $10,735.42 for a total of
$19,895.42.
The AGENCY shall provide a full-time sworn police officer of Santa Ana for
pilot/observer duties, for which AGENCY will receive a credit toward the
total cost for service provided by ABLE. The cost for the officer is
$128,825.00 for the period from July 1, 2004 to June 30, 2005 (twelve
months).
The hourly operating cost for ABLE is $877.77 as established by the ABLE
Board of Governors on April 15, 2004.
PERIOD COVERED - July 1, 2004 to June 30, 2005 (twelve months).
SANTA ANA BUDGET
EMPLOYEE CREDIT (Not to Exceed)
TOTAL
$238,745.00
$128,825.00
$367,570.00
Flight Hours @ $877.77 per hour
Number of Helicopter Shifts
Flight Time per Shift
Flight Time per Day
418.75 hours
730 shifts
34 minutes
1 :08:00
Management of flight time provided to the AGENCY shall be the
responsibility of the ABLE Bureau Commander. Flight time over the City will
be recorded and monitored daily for the purpose of providing service in
accordance with the above table. The AGENCY will be provided with a
detailed log of calls and flight time for each monthly billing period.
Due to the inherent unknown nature in the need for airborne law
enforcement service, ABLE will adjust daily service levels to coincide with
the above table. In recognition that it will not always be possible to meet
this goal (by either exceeding or falling short), ABLE will compensate for
variations to arrive at an appropriate IIdaily average", on a monthly basis.
1
Section 3.04 of this Agreement provides for the assignment of a full-time
sworn police officer to ABLE to serve as a member of the flight crew.
Currently, each member of the flight crew is a trained pilot. In order to
realize the full benefit of this position, ABLE will require that this officer meet
all of the qualifications and requirements as set forth in the ABLE Operations
Manual for Pilots. This officer will be subject to and meet all of the
requirements for pilots as set forth in the ABLE Pilot Training Program. This
training will be provided by ABLE personnel and designated professional
training facilities with all associated costs being the responsibility of the
AGENCY. The cost of such training is in addition to the cost for helicopter
service set forth in this Exhibit IIA" and will be billed directly to the AGENCY.
The AGENCY agrees to provide ABLE with one designated officer, who will
serve as a helicopter observer, for the purpose of providing vacation and sick
leave relief. The AGENCY agrees to make this officer available for training
pursuant to the ABLE Helicopter Observer Training Program. This officer will
serve in a pool of personnel trained to fill shortfalls due to vacation, sick
leave and miscellaneous unscheduled absences. The cost for this position is
approximately equivalent to the vacation and sick leave accrued annually by
the current Santa Ana police officer serving as an ABLE pilot.
ABLE shall participate in the selection process for officers assigned to the
unit as flight crewmembers and reserves the right to revoke assignments
without cause. Officers assigned to the ABLE program pursuant to this
agreement shall meet all requirements set forth in the ABLE Operations
Manual.
2
RESOLUTION NO. 04-05
A RESOLUTION OF THE BOARD OF GOVERNORS
OF THE AIRBORNE LAW ENFORCEMENT SERVICES
AGENCY ("ABLE") TO APPROVE AGREMEENT FOR
HELICOPTER SERVICE WITH THE CITY OF SANTA
ANA POLICE DEPARTMENT.
NOW, THEREFORE, THE BOARD OF GOVERNORS OF ABLE DOES
HEREBY RESOLVE:
1. Approve the Agreement for Helicopter Service with the
City of Santa Ana Police Department, attached as
Exhibit 1, and incorporated herein (IIAgreement"); and
2. Authorize the Chairman of the Board to execute the
Agreement on behalf of ABLE.
Passed and Adopted this "l'?'day of /It /I. Y
,
2004.
Dated:" , '
. (¿,.' c..-'") ?.J (()y
v'
Jo n D. Hensley, Chief of Polic
airman, ABLE Board of Gove ors
ATTEST:
APPROVED AS TO FORM:
ABLE Legal Council
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PHYLI:1S SCHIEL
Secretary to Board of Governors