HomeMy WebLinkAboutORANGE, COUNTY OF, SHERIFF'S DEPARTMENT - 2014-2017 HELICOPTER - 2014Iw
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ORANGE COUNTY
Iss+ i
SHERIFF -CORONER
Ms. Maria D. Huizar, Clerkof #
City of Ana
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Santa Ana,
Enclosed is a fully -executed Agreement with the County of Orange for the Sheriff -Coroner
provide law enforcement## Agreement is forperiod July 1, 201through June 30, 2017. The total cost is $370,884 for 365 annual flight hours, and approximate
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� per r r # # of / -
Also enclosed ## # r`' # r` { B4ri# # #' #
June 17, ,t
i meeting.
If you have any questions, please call me at (714) 834-3352
Sincerely,
MargaretarManager
Law Enforcement
Captain 1# Virgoe, Homeland Security Division
Lieutenant Joseph BaHomeland Security Division
SergeantSergeant Dan Missel, Homeland Security Division
#` .l# Homeland SecurityDivision
Rossini,Laura A.
Robert#1 Police Administrative Manager
Geil Taylor, (Santa Ana)
Lynn Yamada, Budget/Planning Manager
Tien Tran, Accounts Receivable
0 iFLOWER STREET,I I' 000
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This Agreement is made by and between the City of Santa Ana, a charter city
State of California, hereinafter re,f,erred to as, "CITY", and the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as "COUNTY",
Wased on the foHowing:
A. COUNTY, through its SHERIFF -CORONER (here,inafter referred to as
"SHERIFF"), employs, maintains, trainsand equips personnel capable of responding to
requests for, law enforcement helicopter services from girounid based law enforcement
personn!el�.
B. CITY is responsible for providing law enforcement services within M
j urisdiction, which inc:lude law enforcement helicopter services,.
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This Agreement shall commence on July 1, 2014 and endon June 30, 2017 uniless
earlier terminated by either party.
1.011 The purpose of l
this Agreement is to provide law enforcement helic
services to, CITY's land and residents and for CITY to pay for the cost of the serctj
provided by COUNTY.
1.02 Nothing in th!is Agreement shall be interpreted to give crrY a right to
services from COUNTY. COUNTY expressly retains all rights and powers to direct,
manage, maintain, train, employ, equip, operate and control all equipment, facilities,
properties and personne,l in providing law enforcement helicopter services to CITY
pursuant to this Agreement. CITY acknowled�ges and agrees that the efficient use of
publ�ic safety h!el'icopiter services requires a timely and prioritized response of a
helicopter. CITY agrees that COUNTY will have the sol'e d�iscretion to determine the
priority of calls for service and when an assignment of an air crew to a call wil'il be
terminated.
1-03 1otwithstanding anything i�n the Agreement to the contrary, the CITY
expressly retailn's all rights and powers to direct�, manage, maintain, train, omploy, OqUip,
*perate and control all equipment, facilities, properties and personnel in providing
grounid based public safety services to its land and residents.
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2.01 COUNTY will furnish the CITY with public safety helicopter services as mo[LZI
particularly set forth in Exhibit "A," attached hereto and iincorporated herein by th
reference. COUNTY and helicopter aircr,ews, retain the sole and exclusive di i scretion
to the specific type, nature, timing and duration of: the services performed pursuant
this Agreement. I
1111110111WO Iwo, IRWIN 9
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3.01 CITY shall pay COUNTY as determined by COUNTY pursuant to Paragraph
4.01 of this Agreement, for services provided by COUNTY under this Agreement. The
services performed by the SHERIFF' helicopter shall commence as of the date and time
the helicopter is dispatched to, or arrives, over, the airspace of the CITY, whichever
occurs first. These services shall continue until the aircrew notifies the CITY that the
assignment is complete or that the assignment must be terminated due to a higher
priority assignment. Services performedby SHERIFF helicopter for the CITY shall be
defined as -
A. A direct request for air support services by the CITY where a SHERIFF
helicopter arrives over the incident as logged by the aircrew (operationally identified as
Helicopter Assigned) or;
B. Any public safety call generated by the CITY and monitored by a SHER 'I
aircrew in which they arrive over thile incident as logged by the aircrew (oper,ationa
identified as Call Monitored and Responded) or;
C. Routine patrol' over CITY's jurisdictional areas and observe an i�ncide
(operationally identified as Observation Response); or I
D. Dispatched to a special assignment (operationally identified as Detailed
Assignment).
The CITY may authiorize its ground based public safety s,upeirvisiion to cancel any
'esponise by SHERIFF helicopter.
3.02 CITY agrees to comply with the Federal Aviation Regulations (FAR) Part 91
and SHERIFF's Operations Manual Section V 1.18.0 in making calls for services, whiich
establishes priority for calls to, SHERIFF.,
3.103 CITY agrees to install within its communications/dispatch, center any radi,#.
equipment necessary to communicate directly with SHERIFF on the designated
4.013 COUNTY will provide the CITY with a monthly flying houir-rep,ort detailing
assigned call time, patrol time and countywide service time spent over the, CITY's
jurisdiction as provided by SHERIFF aircrews. The CITY shall notify the SH�ERIFF"s
Special Enforcement Bureau Commander within ten (10) days of receipt of the monthily
flying, hour report of any disputed call times. The Special Enforcement Bureau
Commander and the CITY Supervisor will review the service provided by SHERIFF on a
monthly basis to ensure that it coincides with the service level as set forth in Exhib,it "A."
The SpeciW Enforcement Bureau Commander will be re,sponsible for resolving disputes
and adjusting service levels to coincide with Exhibit "A."
1 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury,
damage, claim, lawsuit, cost or expense aris,ingi out of, or in any way related, to, the
Page 3 of 7
performance of services pursuant to this Agreement. Accordingly, the provisions of th
Agreement should be construed and interpreted to provide the fullest possib
pro otection tCOUNTY, CITY a�cknowledges that COUNTY would not provide servic
in the absence of the commitments of CITY as specified in:, this Agreement. I
5.03 COUNTY shall defend at its expense including atto�rne,y's fees and wi
counsel approved in writing by CITY, indemnify and' hold harmless CITY and its officer
empoyees, and agents with respect to any claim, lossi, liability, damage, lawsuit, cost
expense that arises out of, or is, in any way related, to the sole negligience or willf
misconduct by COUNTY, its elected and appointed officials, officers, agent
employees, subcontractors or independent contractors.
5.04 If judgment is entered against CITY and COUNTY by a court of competent
jurisdiction because of the concurrent active negligence of either party, CITY and'
:COUNTY agree that liability will be apportioned as determined' by the court. Neither
party shall request a jury apportionment.,
6.01 Each party to this Agreement shall immediately notify the other of a
gation or claim that is asserted by or against either party regarding this ►i .YI wI
6.02 The laws of the State of California shafl, govern this Agreement and
matters relating to it and any action brought relating to this Agreement shall
adjudicated in a court of competent jurisdiction i�n the County of Orange.
6.03 If any term or portion of thiis Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining: provisions
of this agreement shall continue in full force and effect,
6'.,014 'This Agreement may be! modified or mend dl nly by a written, document
executed by both COUNTY and CITY.
Page 4 of 7
6.05 The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by
reason of the authorship! of the Agreement or any other rule of construction which might
otherwise apply.
6.06 This Agreement represents the full and complete understanding of evem
kind or nature whatsoever between the parties heretoi, and all' prel�iminary niegotiatio
and agreements of whatsoever kind or nature are merged herein. No verbal agreeme
or implied covenanit shall be held' to vary the provisions herein.
6.07 A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character,
6.,08 Except as specifically authorized under this Agreement, the services to
provided under this Agreement shall not be assigned, transferred, contracted
subcontracted out without the prior written approval of COUNTY and CITY. i
6.09 All notices authorized or required by this Agreement shall' be effective when
written and deposited in the United States mail�, first class postage prepaid and
addressed as folloiws:
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Termination notices shall be effective when written and deposited in the U'nited States
mail, certified, return receipt requested and addressed as above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
the County of Orainge, State of California.
CITY OF SANTA ANA
DATED:
David Cavazos CITY 4N ER
City of Santa Ana
Maria Di. Huizar
APPROVED AS TO FORM:
Sonila R. Carvalho, City Attorne
VA
By: Laura A, Ross,ini
RECOMMENDER FOR APPROVAL:
Carlos Rojas4
ma�- w�
Signed and certified that a copy of this
document has been delivered to the Chair
#f the Board per G.C. Sec. 25103,
Resolution 79-1535
IBM
LLA'
Su Novak
Clerk of the Board of Supervisors
Orange County, California
ffol � �' �* �$., 13
BY:
Deputy
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The fees set forth in this exhibit represents, the total cost of service provided by t,
COUNTY, through its,SHEiRIFF-CORONER (SHERIFF), to the City ofSanta An
referred to herein as CITY for fiscal year 20,14-15. 1
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$1,0116.12
The annual operating cost shall be dded into twelve, equal monthly payments of
$30,840.32 ($370,083,.80 divided'by 12 months).
PERIOD COVERED - Jul�y 11, 2014 to June 30, 2015 (twelve-monith term).
Total Contract Amoun't For Services
Contracted Hourly Rate, fbir Hours In Excess
of Three Huindred and Sixty-five (365) Hours, Annually
$ 1,016.127
LAn�na Flih H
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F __h e Da in im�inute�s
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Management of flight time pirovided to the CITY shall be the responsibility of the
SHERIFF's Special Enforcement 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 CITY will be provided with a detailed monthly flying hour report,
Flight hours that are deemed counitywide service will not be counted towards the Thr
Hundred and Sixty-Fivie (365i) contracted fl�igiht hours. The following type calls are
deemed countywide servic�e: Vehicle pursuits, bank robberies involving tracking
systems, stolen vehicles equipped with tracking systems, riots, felonious suspects,
withiin a perimeter, assaults, involving a weapon or an officer in need of assistance
Due to the inherent unknown nature in the need for airbornie law enforcement service,
SHERIFF will adjust daily service level's to coincide, with the above table. In, r,ecognition
that it willil not always be possible to meet this goal (by either exceeding or falling short),
SHERIFF will compensate for variations to arrive at an appropriate "daily average," on a
monthly basis.
Exhibit A (Effective 7/1:/14) Page 1 of 1
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 2�7,1992
All County agencies/departments/districts (County) governed by the Board of Supervisors
shall bil�l contracting entities for materials anid/or services provided under contract in
accordance with the following standardized bilfling and collection policy. Billing frequency is
dependent on whether the contract is a fixed price or actual cost contract. Payment due
date is designed to be both responsive to the County's cash flow needs and reasonable
enough as to not req�uire special processing by the contracting enti�ty, If payments are not
received by the required due dates, a late payment fee shall be computed and billed to the
contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre-juidgment interest, of the contracti:
party for services or materials in as much as this is a policy to enact standard billi
practices. I
A. Contract for the purposes of this poljgy - A contractformal written agreement, a
purchase order frorn the contracting entity, or any, other acceptable mutual
understanding between the contracting parties.,
B. Received by the County - The phrase "received by the County", as used in Section V1
this policy, refers to the date a payment is received by the County. It is defined as t
date the payment is in the, County's possession. It is not the date the payment 'is post
or deposited by the County, I
A. Fixed Price (One-Time/Nlon-Recurring Contracts) - Invoices that represent a billing for a
one-time, non -recurring provision of materials and/or services shall be issued no later
than five (5), working days after delivery by the County of the materials and/or services,
Examples of such one-time, non -recurring provision! of materials and/or services might
be a city contracting with the Sheriff for security service at a parade or sporting event, or,
a city purchasing a computer listing; containing certain ci�lty-requested data. Payment due
date shall be invoice date plus 301 days.
8, Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for,
ongoing, recurring provision of materials, and/or services shial'l be issued according to, t
following friequency- I
1Annual Billings that total $10,0100 or less per 12-month period shall be billed via one
(1) annual invoice, Annual invoices will be issued for each! 12-month period of the
contract, or portions thereoif, Invoices shall be issued no later than five working days
after the beginning of each 12-mionth period. Payment due date shall be invoice date
plus 310 days.
2. Quarterly Billings that are greater than $110,0001 but not more than $200�,000 I!. 12-
month period, shall be billed in quarterly in!stallments, Quarterly invo,ices will be
issued; representing the contract amount for each 12-month period' of the contract, or
portions thereof, prorated into four (4) installments. Invoices shall be issued no later
than 301 days after the beginning of each quarter. Payment due date shall be 60days
after thebeginning of each calendar quarter,
3. Monthly Billings that are greater than $200,000 per 12-month period shall be bil�led in
monthly installments. Monthly invoices will be issued representing the contract
amount for each 112-month period of the contract, or portions thereof, prorated into 12
installments. Invoices shall be issued! on or before the first day of each service
month. Payment due date shall be 30 days after the beginning of each service
month.
A, Actual Cost (One-Time/Non-Recurring Contracts) - linvoices that represent a billing for a
one-time, non-recuirring provision of materials and/or services shall be issued' after
delivery by the County of the materials and/or services and no later than 15 days after
actual cost data is available. Payment due date shall'be invoice date plus 30 days.
Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing; for
ongoing, recurring provision of materials and/or services shall be issued on a month
basis and shall represent the cost of' materials, and/or services provided to t
contracting entity during the previous calendar month, Such invoices shall be issued
later than 15 days after the close of the monthly billing, period. If the Coun
age ncy/department/d is,triict dobilling cycle, the invoice shall
issued no later than 15 days after actual cost data is available. Payment due date sh
be invoice date plus 30 days.
Examples of actual cost contracts for the oingog, recuirring provision of materials and/or
services might be a city contracting with the County for communications eq�uipment
repair or waste disposal at a County landfill.
Notwithstanding the provisions of Sections 11 and III above, payment due, date shall be at
least invoe date plus 30 days. If the County is late in issuing: an invoice, the contracting
entity would always have at least invoice date plus 30 days to pay. If the County is early in
issuing an invoice, the contracting entity would still have a payment due date of e:ither 60
days after the beginning of the quarter (quarterly invoices) or 301 days after the beginning of
the service month, (monthly invoices),
(EXAMPLES- An: invoe for October service, dated and issued October 8 (late) would have
a payment due date of Novernber 7. An invoice for August service, dated and issued Juily 20
(early) would have a payment due date of August 30.)
§�M
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal
year being closed out that represents charges or prepayment for materials and/or services
for the upcoming fiscal year shall be reclassified from a revenue account to a deferred
reveniue account (liability). In the new fiscal year the deferred revenue shall be reclassified
to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,0010 which
represents charges foir the 12-month period June 1, 19X1 to May 311,, 19X2. The amount to
be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total
amount. in July 19X1, the $44,000 would be! reclassified to revenue�,) Reclassification
entries shall be made by Auditor -Controller Agency Accounting units, or for those
agencies/departmen!ts/dist�ricts without such a unit, the agency/department/distri'ict shall notify
the Auditor -Controller of the amounts to be reclassified.
All County agencies/department/districts shall include al!I costs of providing contract
services in contract rates. Including all direct costs,, allocated indirect costs such
departmental and County (CWCAP) overhead, and cost of capital financing. I
i
Billing terms and provisions coed in existing contracting entity agreements (existing as
of the date this policy is approved by the Board of Supervisors) shall remain in effect for the
life of the contract. However, when these existing contracts are renegotiated, they shall
contain the biHing provisions as, set forth in this, policy.
Deviations from this, policy shall be approved by the Board of Supervisors. Propos
deviations by agencies/departiments/districts shall be submitted to the CEO for concurren
in advance of filing an, Agenda Item Transmittal (AIT) with the C�erk of the Board. The CE
or his1her designee, shall advise the agenc:y/d�epartment/distri�ct of approval' or disapprova
rd l
the proposed deviations. If a County age ncy/departme nVdistrict submits a contract to t
Boaof Supervisors for approv,al�, and the billing provisions in the contract deviate from th
A the agency/department/district shall specifically advise the Board of Supervisors
the AIT of the deviation, the reason for the deviation, and of the CEG's recommenclab
relative thereto. I
ORANGE COUNTY BOARD OF SUPERVISORS
MINu, rE ORDER
June 17,2014
Ii �A _yqmem: SIiei
A pi)ro%,e a orcemelaw�ffi Cit)�of'Sarlti Aria for law eril'orceri'lell I Ile I lcol)(erservices., 7'/ 1/ W - 6/30/17 ($370,884 (Ior FY
L�
2014-15); amfliorize Slicriff-Cororier or dcsigriee tO CXCCLItC ameridmems idea ceruiiii cotiditioris, mid make Ca I iforriia
I-.',rlviromrielit,fl Qmifity Act fm(firtbs - District
The following is action taken by the Board o peo
Survisrs.
f
APPROVE-1.) AS RECOMMENDED 0 0111 FR 11
Unaiiiniotis 0 (1) NC".;[. YE"N� V (2) MOORLACI 1: Y (3) SPITZER: X'(4) NELSON: Y (5) IMTES; X
Voieparr .- )YiN-- 1 No,- A- Ahslaiii,- V--- Exciised: B, () mBemwdOreler
Documetits accompmyirig this matter:
0 Resoltitim(s)
0 Ortfiliarices(s)
A,Comract(s)
Sliccizil Notes:
Coliics scm to: Slieriff-Comier/ 9 cc Heppier
Be
certify dim ific loregoing is a mic and correct copo*ltie Mmuw Order adopaetl
h , v the Board ol'Supervisors , Cirange ("ounlY. Stale ol'Califorrlia.
Sus,an Novak, Clerk oftlic Board