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HomeMy WebLinkAboutE-4 Staff Report - Police Helicopter ServicesCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKE BERTELSEN, CHIEF OF POLICE DATE: AUGUST 16, 2021 SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE EL MONTE POLICE DEPARTMENT AND THE CITY OF AZUSA FOR CONTRACTED POLICE HELICOPTER SERVICES BACKGROUND: The City of El Monte offers police helicopter services within the San Gabriel Valley. The City of El Monte provides the helicopter, the officers who operate the helicopters and is responsible for pilot services, maintenance, and operation costs and shall comply with all requirements pertaining to employer’s liability, worker’s compensation, unemployment insurance, and social security. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve the five-year contract of helicopter services from the El Monte Police Department for an annual amount starting at $49,958.00, authorize the City Manager, or designee, to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City, and approve subject to non-substantive changes approved by the City Attorney and City Manager. ANALYSIS: The Azusa Police Department does not currently contract for any public or private helicopter services to assist with Field Operations. In recent years, outside agencies such as the El Monte Police Department, Pasadena Police Department, and the Los Angeles County Sheriff’s Department have provided non- contractual helicopter services on an emergency basis only. These services can result in the city being billed per each incident by the agency providing the helicopter. This practice is not cost-effective for the APPROVED CITY COUNCIL 8/16/2021 EL MONTE POLICE HELICOPTER CONTRACT August 16, 2021 Page 2 Azusa Police Department. By entering into a contract for these services, the Azusa Police Department will be able to provide higher quality law enforcement services to our residents. Such services shall include, but are not limited to, emergency response calls for aerial surveillance and assistance relating to in-progress felonies, vehicle pursuits, crimes against persons or property and other like activities. The Azusa Police Department solicited bids for services from agencies with helicopter services. The only two law enforcement agencies in the San Gabriel Valley that provide contract helicopter services are the Pasadena Police Department and the El Monte Police Department. The Pasadena Police Department is currently not taking on any new contract cities. The El Monte Police Department provided the City of Azusa with a bid for a five-year contract, starting in the amount of Forty-Nine Thousand Nine Hundred Fifty Eight Dollars ($ 49,958.00) which is the annual sum of $1.00 per citizen counted or estimated in the United States Census. The cost increase shall not exceed 6% per year. The Azusa Police Department has the right to terminate this agreement with or without cause upon thirty (30) days written notice to the El Monte Police Department. FISCAL IMPACT: Funding for this contract was included in the FY 2021-22 Approved Budget under the Public Safety Contract Services account number 1020333000-6493. Prepared by: Fiscal Impact Review By: Mike Bertelsen Talika M. Johnson Chief of Police Director of Administrative Services Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1. El Monte Helicopter Program Participation Agreement Contract No. 21PD06064 1 2021 EL MONTE HELICOPTER PROGRAM PARTICIPATION AGREEMENT (Parties: City of El Monte and City of Azusa) THIS 2021 HELICOPTER PROGRAM PARTICIPATION AGREEMENT (the “Agreement”) is made and entered into on this ___________ day of ___________________ 2021 by and between the CITY OF EL MONTE, a municipal corporation and general law city (hereinafter, “City”) and THE CITY OF AZUSA a municipal corporation and general law city (“Azusa”). For the purposes of this Agreement, City and Azusa may be referred to collectively as the “Parties.” The capitalized term “Party” may refer to City or Azusa interchangeably. RECITALS WHEREAS, CITY is the owner of two R-44 Police Equipped Helicopters, Serial No. 331 and Serial No. 1060 (collectively, the “Helicopters”); and WHEREAS, the Parties have agreed that they will participate in a Helicopter Program to provide assistance to the contracted Police Departments (hereinafter “Cities” and “Agencies”), subject to the terms and conditions of this Agreement; and WHEREAS, the execution of this Agreement was approved by the El Monte City Council at its Regular Meeting of ______________, 2021 under Agenda Item No. ____. NOW , THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: Section 1. Obligations of City of El Monte. A.City agrees to make the Helicopters available to Azusa for use in its policing activities. In addition, El Monte shall provide full-time police officers (hereinafter “El Monte Officers”) to be Tactical Flight Officers in the Helicopters. City shall be responsible for payment of all of the City service contract agreements to include pilot services, maintenance, operations cost and shall comply with all requirements pertaining to employer’s liability, worker’s compensation, unemployment insurance, and social security. B.City shall procure and maintain at all times during the initial term of this Agreement or any extension thereof all appropriate liability insurance coverage for the Helicopters. Upon demand, City shall provide Azusa with certificates of insurance Attachment 1 Contract No. 21PD06064 2 evidencing insurance coverage. All applicable insurance policies shall name Azusa and all other cities participating in the El Monte Helicopter Program as additional insured’s. The Parties agree that Azusa’s failure to issue a written objection to the certificates of insurance within ten (10) days from its receipt by Azusa shall be interpreted to mean that Azusa is satisfied as to the adequacy of the insurance coverage procured and maintained by City and accepts the coverage in full. Further, City shall be responsible for all maintenance or repairs to the Helicopters. Section 2. Obligations of Azusa. Azusa shall provide the annual sum of $1.00 per citizen as counted or estimated in the United States Census for contract services to participate in the El Monte Air Support Program. According to the agreed upon Census Numbers from 2019 (pop. 49,958) the current annual cost will be Forty-Nine Thousand Nine Hundred Fifty Eights Dollars ($ 49,958.00). Section 3. Reciprocal Indemnification and Hold Harmless Provisions. A. City agrees to indemnify and hold harmless Azusa, its elected and appointed officers, employees and agents from and against any damage or injury to persons or property due to the negligence or willful misconduct of City or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. B. Azusa agrees to indemnify and hold harmless the City, the other Program Participants and their respective elected or appointed officials, officers, employees and agents from and against any damage or injury to persons, including death, and/or property due to the negligence or willful misconduct of Azusa or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. Section 4. Mission. A. The mission of the Helicopter Program established by this Agreement shall be to provide police air support services for the Police Department of Azusa and such other Cities which participate. Such services shall include, but are not limited to, emergency response calls for aerial surveillance and assistance relating to in-progress felonies, vehicle pursuits, crimes against persons or property and other like activities. B. The Helicopter Program will be based upon a planned four (4) day availability per week basis, primarily for nighttime operations. El Monte Helicopters may be available to supplement services on no scheduled flight days depending on public safety needs and approval of the El Monte Police Chief. C. In such occasions where there is a request or need for air support from more than one (1) city, the mission of the Helicopter Program is to provide air support to the city with the highest priority of call as established by the nature, urgency and severity of the call. The priority determination for each particular call shall lie within the sole discretion of the Tactical Flight Officer. If air support cannot be provided by the Contract No. 21PD06064 3 City to Azusa for a high priority, the City shall attempt to secure air support from another agency at no additional cost or liability to Azusa. Section 5. Special Missions. Azusa shall be entitled to the use of the Helicopters for special missions such as narcotics service, and/or community events (hereinafter “Special Missions”). For any Special Mission requested by Azusa, Azusa shall pay City the total cost of the operation of the Helicopter, computed at Seven Hundred Seventy- Five Dollars ($775.00) per hour. There will be a minimum charge of one (1) hour. Section 6. Non-Liability of Official or Employee of Azusa. No official or employee of Azusa shall be personally liable to City in the event of any default or breach by Azusa for any amount of monies which may become due to City under paragraphs 5 and 6. Section 7. Term. The term of this Agreement shall be for a period of five (5) years commencing from the effective date of this Agreement (hereinafter “Initial Term”). Subject to the same terms of the Agreement and provided that neither Party is in material default under this Agreement, this Agreement may be renewed in writing by the Parties for additional terms of one (1) year each (hereinafter “Renewal Term”) upon written notice of intention to renew not less than thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. The annual United States Census will be obtained and agreed on by both parties and the per person cost factor shall not increase over 6% per year. Section 8. Termination. At any time during the Initial Term or any Renewal Term of this Agreement, either Party hereto shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. The effective date of such termination shall be the thirty-first (31st) day following the date of the notice of termination. Azusa shall pay City any costs which would otherwise be payable to City for utilization of the Helicopters, which have accrued up to and including the last day of participation in the El Monte Helicopter Program. Section 9. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in writing, served upon the Party to the address and recipient designated below and conclusively deemed served when delivered personally or on the third business day after the deposit thereof in the United States Mail, postage prepaid. All notices, demands, requests or approval hereunder shall be given to the following addresses or such other addresses as the parties may designate by written notice: EL MONTE: City of El Monte 11333 Valley Boulevard El Monte, California 91731 Attn: City Manager Contract No. 21PD06064 4 AZUSA: City of Azusa 725 N. Alameda Avenue. Azusa, Calif. 91702 Attn: Chief Bertelsen Section 10. Compliance with Laws: In administering the El Monte Helicopter Program, the Parties agree at all times to observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Section 11. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 12. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 13. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discus- sions, it would be inappropriate to deem any Party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 14. Assistance of Counsel. Authority to Execute. Each Party to this Agreement agrees and acknowledges to the other Party that (1) that each Party either had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and (2) that each Party has lawfully authorized the execution of this Agreement. Section 15. Dispute Resolution. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent feasible, be resolved through good faith negotiations between the Parties. If any action at law or equity is required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney’s fees in addition to any other relief to which it may be entitled. Section 16. Arbitration. A. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agreed upon, provided such arbitration is approved by the legislative bodies of the respective parties. The claim or dispute being arbitrated shall be resolved in accordance with California law. Contract No. 21PD06064 5 B. If applicable, the arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings, including, but not limited to, discovery statutes. Each Party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (1) The Party initiating the arbitration ("Initiating Party") shall prepare and submit to the other Party a list ("List") containing the names of not less than three (3) retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively. (2) The Party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one (1) name from the List. (3) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non-initiating Party. (4) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not less than three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each Party hereto hereby agrees to pay one-half of the compensation to be paid to the Arbitrator, and except as otherwise expressly provided herein, each Party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs. By way of illustration, if the List served by the Initiating Party, upon the other Party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2 and 3, respectively; and number 1 is stricken, then B, Number 2, shall be deemed, for all purposes, to be the selected Arbitrator. Contract No. 21PD06064 6 Section 17. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be void and of no further effect. Section 18. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. Section 19. Waiver. Waiver by any Party of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. Section 20. Modification. This Agreement contains the entire understanding between the Parties. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each Party. Section 21. Effective Date. Unless otherwise specified herein, this Agreement shall become effective as of the date both Parties execute this Agreement. Section 22. Supersedes All Prior Agreements. This Agreement shall supersede all previous agreements written and approved prior to the effective date of this agreement. [SIGNATURE PAGE TO FOLLOW] Contract No. 21PD06064 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date first above written. CITY OF EL MONTE Date: ___________________ ______________________________ Alma K. Martinez, City Manager ATTEST: APPROVED AS TO FORM: ____________________________ ___________________________________ Catherine E. Eredia, City Clerk Richard Padilla, Assistant City Attorney CITY OF AZUSA Date:___________________ ____________________________________ Sergio Gonzalez, City Manager ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________________ City Clerk for City of Azusa City Attorney for City of Azusa