HomeMy WebLinkAboutCity of Costa Mesa - 2011-07-01AMENDMENT NUMBER TWO
TO SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF COSTA MESA
This Second Amendment ("Amendment") is made and entered into this 19 th day
of June, 2012 ("Effective Date") by and between the City of Huntington Beach, a California
Municipal Corporation ("Huntington Beach") and the City of Costa Mesa, a California
Municipal Corporation ("Costa Mesa").
WHEREAS, Huntington Beach and Costa Mesa previously entered into the Services
Agreement for Public Safety Helicopter Support ("Agreement") for a six-month term from July
1, 2011 through December 31, 2011; and
WHEREAS, Huntington Beach and Costa Mesa subsequently amended the Agreement to
extend the term through June 30, 2012; and
WHEREAS, Huntington Beach and Costa Mesa now desire to extend the term of the
Agreement for a longer period of time, through June 30, 2015; and
WHEREAS, Huntington Beach and Costa Mesa have agreed to a change in the terms of
the compensation to be paid to Huntington Beach, and wish to modify Paragraph III -
Compensation to reflect their new agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
The term of the Agreement shall be extended through June 30, 2015.
2. Section 3.01 of the Agreement is hereby deleted in its entirety and replaced with
the following:
3.01 Costa Mesa shall pay Huntington Beach for the public safety
helicopter services provided on an hourly basis in accordance with the provisions
of this Section. Huntington Beach's total compensation for all services performed
in accordance with this Agreement shall not exceed Nine Hundred Thousand
Dollars ($900,000.00) without prior written authorization from Costa Mesa.
Additionally, Huntington Beach's compensation in each fiscal year (defined as
July 1" through June 301h) shall not exceed Three Hundred Thousand dollars
($300,000) without prior written authorization from Costa Mesa.
3. The following subparagraphs are added to Paragraph III COMPENSATION; said
subparagraphs to read as follows:
3.05 Commencing on January 1, 2013, the hourly fee for Air Support Services
shall be adjusted on July 1 of each year based on the change in the Metropolitan
Consumer Price Index for the Los Angeles -Riverside -Orange County, California area
12-3358/80375
during the preceding year. The Huntington Beach Police Chief shall adjust the fees set
forth in the MOU by such percentage change and rounded to the next highest dollar
amount. Should the Consumer Price Index be revised or discontinued, the Police Chief
shall use the revised or a comparable index as approved by the City Council.
3.06. Huntington Beach and Costa Mesa agree to meet and discuss changing the
hourly fee for Air Support Services if fuel costs increase by ten percent (10%) or more
during the preceding contractual year. The fee will be adjusted accordingly once an
agreed upon amount is determined.
3.07. Any hourly fee increase shall not result in an increase in the authorized
fiscal year allocation without prior written authorization from Costa Mesa.
4. All terms not herein defined shall have the same meaning and use as set forth in
the Agreement.
5. All other terms, conditions, and provisions of the Agreement not in conflict with
this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized
representatives as of the day and year first above written.
CITY OF COST MESA
e f
'fHONfAS HATCH, Chief Executive Officer
City of Costa Mesa
ATTEST:
0��L
Acting Deputy City Clerk
City of Costa Mesa
APPROVED AS TO FORM:
OFFICE0 TftK CITY -ATTORNEY
TE, City Attorney
City of Costa Mesa
2
CITY O NGTOIV BEACH
tti anager,
City of Huntington Beach
INITIATED AND APPROVED
Chief of Police,
City of Huntington Beach
APPROVED AS TO FORM:
,. , i
!�-01��City Attorney, 4
City of Huntington Beach
U. di- I`�—
12-3358/80375
Council/Agency Meeting Held:
Deferred/Continued to:
)kAppr ve ❑ Conditionally Approved ❑ Denied ClecKs Si ature
Council Meeting Date: December 19, 2011 Department ID Number: PD-11-023
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve Amendment Number One to the Services Agreement for
public safety helicopter support between the City of Huntington Beach
and the City of Costa Mesa extending the original agreement through
June 30, 2012
Statement of Issue: Should the City of Huntington Beach agree to a six month extension of
the Services Agreement authorizing the Huntington Beach Police Department's Air Support
Unit to continue providing service to the City of Costa Mesa?
Financial Impact: There will be no additional expenditures required from the adopted FY
2011/12 budget. There is an anticipated increase in revenue of up to $150,000.00 if the
services agreement is approved.
Recommended Action: Motion to:
Approve and authorize the City Manager and City Clerk to execute "Amendment Number
One To Services Agreement For Public Safety Helicopter Support Between the City of
Huntington Beach and the City of Costa Mesa" extending the original agreement through
June 30, 2012. Further, authorize the City Manager to execute and approve this agreement
and any other short term amendments to the services contract.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
Analysis: On July 1, 2011, the Cities of Huntington Beach and Costa Mesa entered into
a six month services agreement for public safety helicopter support. The purpose of the
agreement was to provide public safety helicopter services to Costa Mesa's residents and for
Costa Mesa to pay an all inclusive flat rate per hour for the cost of services provided by the
Huntington Beach Police Department's Air Support Unit.
Item 24. - I HB -648-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: PD-11-23
Costa Mesa agreed to pay the City of Huntington Beach Seven Hundred Dollars ($700.00)
per hour for services rendered. Further, it was agreed Huntington Beach's compensation for
services performed shall not exceed One Hundred and Fifty Thousand Dollars ($150,000.00)
without prior written authorization from Costa Mesa. This agreement ends on December 31,
2011.
The intention of both cities, at the time of signing the short-term contract, was to enter into a
long term services agreement for air support services, similar to what was recently approved
between Huntington Beach and Newport Beach. Due to unresolved legal issues, the City of
Costa Mesa is unable to enter into a long term services agreement at this time. Costa Mesa
wants to continue receiving air support service from the City of Huntington Beach. The long
range goal of both cities is to execute a multiyear agreement. In the interim, Costa Mesa is
requesting the initial agreement be extended an additional six months.
On November 15, 2011, the City of Costa Mesa authorized their Chief Executive Officer to
administratively execute an extension of the current short-term contract for air support
services through June 30, 2012, not to exceed the amount of One Hundred and Fifty
Thousand Dollars ($150,000.00). The hourly rate of Seven Hundred Dollars ($700.00) will
remain in effect through the extension.
The Police Department supports the extension agreement and is able to fulfill all the listed
requirements. Police Department staff consulted with Costa Mesa prior to the extension
request and all parties agreed to the listed terms. Costa Mesa is desirous of having the
agreement approved and stated in their Council Staff Report that "the Huntington Beach ASU
has been responsive and is providing adequate service within the limits of the authorized
contract". The Police Department recommends approval of the amended services
agreement and requests the City Manager be authorized to sign this amendment, and any
other short term amendments that are requested, until a long term agreement can be drafted
and approved.
Environmental Status: N/A
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
HB -649- Item 24. - 2
ATTACHMENT
#1
II - ----J
Item 24. - 3 HB -650-
SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF COSTA MESA
This Services Agreement for Public Safety Helicopter Support ("Agreement") is Made by
and between the City of Huntington Beach, a California Municipal Corporation ("Huntington
Beach") and the City of Costa Mesa, a California Municipal Corporation ("Costa Mesa") based
Oil the following:
A. Huntington Beach employs, maintains, trains and equips personnel capable of
responding to requests for public safety helicopter services from ground based public safety
personnel.
B. Costa Mesa is responsible for providing public safety services within its
jurisdiction, which include public safety helicopter services.
C. Costa Mesa requires the services of Huntington Beach to provide public safety
helicopter services to its land and residents.
TERM
This Agreement shall be for a six month term cormnencing on July 1, 2011 and ending on
December 31, 2011.
PURPOSE
1.01 The purpose of this Agreement is to provide public safety helicopter services to
Costa Mesa's land and residents and for Costa Mesa to pay an all inclusive flat rate per hour for
the cost of the services provided by Huntington Beach.
1.02 Nothing in this Agreement shall be interpreted to give Costa Mesa a right to
services from Huntington Beach other than those specifically set forth in this Agreement.
Huntington Beach expressly retains all rights and powers to direct, manage, maintain, train,
employ, equip, operate and control all equipment, facilities, properties and personnel in
providing public safety helicopter services to Costa Mesa pursuant to this Agreement. Costa
Mesa acknowledges and agrees that the efficient use of public safety helicopter services requires
a timely and prioritized response of a helicopter. Costa Mesa agrees that Huntington Beach 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, Costa Mesa 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.
II
SERVICES
2.01 Huntington Beach will furnish Costa Mesa with public safety helicopter services
that will include a helicopter aircrew comprised of a pilot and tactical flight officer that are both
sworn peace officers and 'specially trained to conduct public safety helicopter services.
Huntington Beach and the helicopter aircrews retain the sole and exclusive discretion as to the
specific type, nature, tinting and duration of the services performed pursuant to this Agreement.
2.02 Huntington Beach certifies that all helicopter aircrews providing public safety
helicopter services to Costa Mesa tinder this Agreement currently possess, and shall maintain for
the life of this Agreement, all per7nuts, licenses, certifications, and training required from any
federal, state or local governmental entity to provide public safety helicopter services.
2.03 In no event shall Huntington Beach or the helicopter aircrew be responsible for
the direction and control of ground based public safety persomrel and equipment of Costa Mesa
during the course and scope of the public safety helicopter- services performed pursuant to tlus
Agreement.
2.04 Costa Mesa understands that Huntington Beach has provided Newport Beach with
a first right of refusal for helicopter services in the event of a natural disaster or local or regional
emergency. In the event of such natural disaster or local or regional emergency, Huntington
Beach shall provide Costa Mesa with a right of refusal concurrent with Newport Beach to have
public safety helicopter services prior to allowing or releasing said public safety helicopter
services to other governmental agencies for use or deployment during said natural disaster or
local or regional emergency.
III
COMPENSATION
3.01 Costa Mesa shall pay Huntington Beach for the public safety helicopter services
provided on an hourly basis in accordance with the provisions of this Section. Huntington
Beach's compensation for all services performed in accordance with this Agreement shall not
exceed One Hundred and Fifty Thousand Dollars and nol100 ($150,000.00) without prior written
authorization from Costa Mesa,
3.02 Huntington Beach shall provide public safety helicopter services to Costa Mesa at
an all inclusive flat rate of Seven Hundred Dollars ($700.00) per hour of set -vice provided. Costa
Mesa shall incur no other direct or indirect costs or fees for the services provided by Huntington
Beach under this Agreement. Huntington Beach shall bill Costa Mesa for all public safety
helicopter services provided under this Agreement in tenth of an hour increments.
3.03 Auntington Beach shall submit monthly invoices to Costa Mesa describing the
public safety helicopter services provided in the preceding month. Huntington Beach will also
provide Costa Mesa with a monthly statement detailing all calls for set -vice and time spent on
routine patrol over Costa Mesa's jurisdiction. The monthly statement shall include the names of
Services Agreement For Public safety Helicopter Support
2
the helicopter aircrew who performed the services, a brief description of the services performed
and/or the specific task performed, the date the set -vices were performed, the number of hours
spent on all services billed on an hourly basis in tenth of an hour increments.
3.04 Costa Mesa's Chief of Police, or the Chief's designee (the "Chief'), shall notify
the Huntington Beach Air Support Unit Connrnander ("Unit Commander") within twenty (20)
days of receipt of the monthly statement of any disputed calls for service or time spent on routine
patrol over Costa Mesa's jurisdiction. The Unit Commander and the Chief will review the public
safety helicopter service provided by Huntington Beach on all as needed basis to ensure that it
coincides with the service level desired by Costa Mesa, The Unit Commander and the Chief will
be responsible for cooperatively resolving any disputes over services provided under this
Agreement and adjusting the service level to coincide with that desired by Costa Mesa.
IV
COSTA MESA DUTIES
4.01 Costa Mesa shall pay Huntington Beach an all inclusive flat rate per hour for the
cost of the services provided by Huntington pursuant to Paragraph 3.01 -- 3.05 of this Agreement,
for services provided by Huntington Beach under this Agreement. The public safety lielicoptcr
services performed by the Huntington Beach shall be deemed to commence as of the date and
time the aircraft is dispatched to, or arrives over, the airspace of Costa Mesa, whichever occurs
first. These services shall continue until the aircrew notifies Costa Mesa that the assignment is
complete or that the assignment must be terminated due to a higher priority assignment.
Huntington Beach helicopter aircrew shall be responsible to notify Costa Mesa's dispatch center
that the assignment is complete or that the assignment must be terminated due to a higher priority
assigmnent. Services performed by Huntington Beach aircraft for Costa Mesa shall be defined
as:
A. A direct request for public safety helicopter services by Costa Mesa where a
Huntington Beach aircraft is dispatched to or arrives, over the incident
(operationally identified as a "D-1" call) or;
B. Any public safety call generated by Costa Mesa and monitored by a
Huntington Beach helicopter aircrew in which the aircraft arrives over the
incident (operationally identified as a "D-2" call) or;
C. Routine patrol over Costa Mesa's jurisdictional areas, in which case
Huntington Beach's aircrew shall notify Costa Mesa's dispatch center upon
their atzival and depart from Costa Mesa's jurisdictional area.
Costa Mesa play authorize its ground based public safety supervision to cancel a response
by a Huntington Beach aircrew.
4.02 Costa Mesa agrees to comply with the FAR Part 91 and Operations Manual
section 4085 in making calls for services, which establishes priority for calls to Huntington
Services Agreement For Public safety Helicopter Support
3
Beach,
4.03 Costa Mesa agrees to install within its communications/dispatch center any radio
equipment necessary to communicate directly with Huntington Beach on the designated
fi-equency (800 MHz Talk Group) agreed upon by Huntington Beach and Costa Mesa. All costs
associated with said installation shall be paid by Costa Mesa.
V
INDEMNIFICATION AND WAIVER
5.01 Costa Mesa agrees that Huntington Beach 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 fiillest possible protection to
Huntington Beach, Costa Mesa acknowledges that Huntington Beach would not provide
services in the absence of the commitments of Costa Mesa as specified in this Agreement.
5.02 To the fiillest extent permitted by law, Costa Mesa shall inderintify, defend and
hold harmless Huntington Beach, its boards, officers, agents and employees (collectively, the
"Indemnified Parties") from and against any and all claims (including, without limitation, claims
for bodily injury, death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any
planner relate (directly or indirectly) to any services provided under this Agreement including,
but not limited to, activities that relate in any way to this Agreement (including the negligent
and/or willful acts, errors and/or omissions of Costa Mesa, its council members, officers, agents,
employees, and anyone employed directly or indirectly by any of them or for whose acts they
may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Costa Mesa to indemnify the Indemnified Parties from any Claim arising
from the negligence or willfirl misconduct of the Indemnified Parties. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are applicable.
5,03 Huntington Beach shall defend, indemnify and hold harmless Costa Mesa 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
negligence or willful misconduct by Huntington Beach, including its boards, officers, agents and
employees, within the Costa Mesa's jurisdiction, The obligation of Huntington Beach pursuant to
this section extends, without limitation, to any injury, death, loss or damage which occurs within
the Costa Mesa's jurisdiction and which is sustained by any third party, any employee or
contractor of Costa Mesa and to such contractor's employees.
Services Agreement For Public safety Helicopter Support
4
VI
INSURANCE
6.01 Huntington Beach shall obtain, provide and maintain at its own expense during
the term, of this Agreement liability insurance coverage for helicopter services provided to Costa
Mesa under this Agreement. Costa Mesa shall be. added as an additional insured under the policy
on execution of this Agreement, and receive notice if the policy is canceled. Huntington Beach
shall provide Costa Mesa with certificates of insurance as evidence of the insurance coverage
required herein. Insurance certificates and endorsements must be approved by Costa Mesa's
Risk Manager prior to conmiencement of performance by Huntington Beach under this
Agreement. Costa Mesa reserved the right to require complete, certified copies of all required
insurance policies at any time.
6.02 All insurance policies shall be issued by an insurance company currently
authorized by the California Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by Costa Mesa's Risk Manager.
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. In the
event of any dispute or legal action arising under this Agreement, the prevailing party shall not
be entitled to attorney's fees.
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, as well as any effort of Huntington Beach to collect money from persons or
entities responsible for any request for public safety helicopter services.
7.03 The public safety helicopter services provided by Huntington Beach under this
Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior
written approval of Costa Mesa.
7.04 Each of the Parties to this Agreement may terminate this Agreement without
cause upon sixty (60) days prior written notice.
7.05 The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to thus Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
7.06 If any term or portion of this 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 fiill force and effect.
Services Agreement For Public safety Helicopter Support
5
7.07 This Agreement may be modified or amended only by a written document
executed by both Huntington Beach and Costa Mesa.
7.08 The tenns of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be constmed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which Wright otherwise apply.
7.09 This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions herein.
7.10 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.
7.11 Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out
without the prior written approval of Huntington Beach and Costa Mesa.
7.12 This Agreement may be executed in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one instrument.
7.13 The Parties shall at their owtr cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
7.14 The Parties each represent that they are an equal opporamity employer and they
shall not discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
7.15 All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Huntington Beach to Costa Mesa shall be addressed to Costa Mesa at:
Attn: Captain Les Gogerty
Costa Mesa Police Department
99 Fair Drive
Costa Mesa, CA 92626
Phone: (714) 754-5190
Fax: (714) 754-5002
All notices, demands, requests or approvals from Costa Mesa to Huntington Beach shall
Services Agreement For Public safety Helicopter Support
6
he addressed to Huntington Beach at:
Attention: Kenneth W. Small
Huntington Beach Police Department
2000 Main Street
P,O. Box 70
Huntington Beach, CA 92648
Phone: (714) 536-5903
Fax: (714) 536-5605
IN WITNESS WHERE OF, the parities hereto have executed this Agreement the day and year
first above written.
CITY OF COSTA MESA
HOMAS HATCH, Chief Executive Officer
City of Costa Mesa
ATTEST:
JULIE' OLCIIC, City Clerk
City o Costa Mesa
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
THOMA,TP,�AI�TE, City Attorney
City of Costa Mesa
CPI'Y Off` t17 NTINGTON BEACH
O/W SON, City Manager
of 14untinaton Beach
ATTEST:
t J '-'-K -
0 L, FLYNN, City erk
Cit of Huntington Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTO
IFER GRATH, Ci orney .
City of Huntington Beach
Services Agreement For Public safety Helicopter Support
7
ATTACHMENT #2
AMENDMENT NUMBER ONE
TO SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF COSTA MESA
This Amendment is made and entered into this 15th day of November, 2011 ("Effective.
Date") by and between the City of Huntington Beach, a California Municipal Corporation
("Huntington Beach") and the City of Costa Mesa, a California Municipal Corporation ("Costa
Mesa").
WHEREAS, Huntington Beach and Costa Mesa previously entered into the Services
Agreement for Public Safety Helicopter Support ("Agreement"); and .
WHEREAS, Huntington Beach and Costa Mesa desire to extend the term of the
Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. The original term of the Agreement commencing on July 1, 2011 and ending
December 31, 2011, shall be extended through June 30, 2012.
2. All terms not herein defined shall have the same meaning and use as set. forth in.
the Agreement.
3. All other terms, conditions, and provisions of the Agreement not in conflict with
this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized
representatives as of the day and year first above written.
CITY OF COSTA MESA CITY OIL HUNTINGTON BEACH
A,;V R.
fgo��
THOMAS HATCH, Chief Executive Officer FRE
City of Costa Mesa City
ATTEST:
J IE F'OLCI , City Clerk
City of Costa Mesa
1
vVTtSON, City Manager
Huntington Beach
ATTEST:
JOA$'-'L.'FLYNfT4, City Cl
Cit f Huntington Beach
APPROVED AS TO FORM: APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY OFFICE OF THE CITY ATTORNEY
THOMAS P. ATE, City Attorney �NNIFVRMC6R-kTW,City Attorney
City of Costa Mesa 4ity of Huntington Beach
2
SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF COSTA MESA
This Services Agreement for Public Safety Helicopter Support ("Agreement") is made by
and between the City of Huntington Beach, a California Municipal Corporation ("Huntington
Beach") and the City of Costa Mesa, a California Municipal Corporation ("Costa Mesa") based
on the following:
A. Huntington Beach employs, maintains, trains and equips personnel capable of
responding to requests for public safety helicopter services fronn ground based public safety
personnel.
B. Costa Mesa is responsible for providing public safety services within its
,jurisdiction, which include public safety helicopter set -vices.
C. Costa Mesa requires the setvices of Huntington Beach to provide public safety
helicopter services to its land and residents.
TERM
This Agreement shall be for a six month term cornmencing on July 1, 2011 and ending on
December- 31, 2011.
PURPOSE
1.01 The purpose of this Agreement is to provide public safety helicopter services to
Costa Mesa's land and residents and for Costa Mesa to pay an all inclusive flat rate per hour for
the cost of the services provided by Huntington Beach.
1.02 Nothing in this Agreement shall be interpreted to give Costa Mesa a right to
services feonn Huntington Beach other than those specifically set forth in this Agreement.
Huntington Beach expressly retains all rights and powers to direct, manage, maintain, train,
employ, equip, operate and control all equipment, facilities, properties and personnel in
providing public safety helicopter services to Costa Mesa pursuant to this Agreement. Costa
Mesa acknowledges and agrees that the efficient use of public safety helicopter services requires
a timely and prioritized response of a helicopter. Costa Mesa agrees that Huntington Beach 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, Costa Mesa 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
set -vices to its land and residents.
II
SERVICES
2.01 Huntington Beach will furnish Costa Mesa with public safety helicopter services
that will include a helicopter aircrew comprised of a pilot and tactical flight officer that are both
sworn peace officers and 'specially trained to conduct public safety helicopter services.
Huntington Beach and the 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 Huntington Beach certifies that all helicopter aircrews providing public safety
helicopter services to Costa Mesa tinder this Agreement currently possess, and shall maintain for
the life of this Agreement, all permits, licenses, certifications, and training required from any
federal, state or local governmental entity to provide public safety helicopter services.
2.03 In no event shall Huntington Beach or the helicopter aircrew be responsible for
the direction and control of ground based public safety personnel and equipment of Costa Mesa
during the course and scope of the public safety helicopter services performed pursuant to this
Agreement.
2.04 Costa Mesa understands that Hunturgton Beach has provided Newport Beach with
a first right of refusal for helicopter services in the event of a natural disaster or local or regional
emergency. hi the event of such natural disaster or local or regional emergency, Huntington
Beach shall provide Costa Mesa with a right of refusal concurrent with Newport Beach to have
public safety helicopter services prior to allowing or releasing said public safety helicopter
services to other goventmental agencies for use or deployment during said natural disaster or
local or regional emergency.
III
COMPENSATION
3.01 Costa Mesa shall pay Huntington Beach for the public safety helicopter services
provided on an hourly basis in accordance with the provisions of this Section, Huntington
Beach's compensation for all services performed in accordance with this Agreement shall not
exceed One Hundred and Fifty Thousand Dollars and no/100 ($150,000.00) without prior written
authorization from Costa Mesa,
3.02 Huntington Beach shall provide public safety helicopter services to Costa Mesa at
an all inclusive flat rate of Seven Hundred Dollars ($700.00) per hour of service provided. Costa
Mesa shall incur no other direct or indirect costs or fees for the services provided by Huntington
Beach under this Agreement. Huntington Beach shall bill Costa Mesa for all public safety
helicopter services provided under this Agreement in tenth of an hour increments.
3.03 Auntington Beach shall submit rnonthly invoices to Costa Mesa describing the
public safety helicopter services provided in the preceding month. Huntington Beach will also
provide Costa Mesa with a monthly statement detailing all calls for service and time spent on
routine patrol over Costa Mesa's jurisdiction. The monthly statement shall include the names of
Services Agreement For Public safety Helicopter Support
2
the helicopter aircrew who performed the services, a brief description of the services performed
and/or the specific task performed, the date the services were performed, the number of hours
spent on all services billed on an hourly basis in tenth of an hour increments.
3.04 Costa Mesa's Chief of Police, or the Chief's designee (the "Chief'), shall notify
the Huntington Beach Air Support Unit Cornmhander ("Unit Commander") within twenty (20)
days of receipt of the monthly statement of any disputed calls for service or time spent on routine
patrol over Costa Mesa's jurisdiction. The Unit Commander and the Chief will review the public
safety helicopter service provided by Huntington Beach on all as needed basis to ensure that it
coincides with the service level desired by Costa Mesa. The Unit Commander and the Chief will
be responsible for cooperatively resolving any disputes over services provided under this
Agreement and adjusting the service level to coincide with that desired by Costa Mesa.
IV
COSTA MESA DUTIES
4.01 Costa Mesa shall pay Huntington Beach an all inclusive flat rate per hour for the
cost of the services provided by Huntington pursuant to Paragraph 3.01 -- 3.05 of this Agreement,
for services provided by Huntington Beach under this Agreement. The public safety helicopter
services performed by the Huntington Beach shall be deemed to commence as of the date and
time the aircraft is dispatched to, or arrives over, the airspace of Costa Mesa, whichever occurs
first. These services shall continue until the aircrew notifies Costa Mesa that the assignment is
complete or that the assignment must be terninated due to a higher priority assignment
Huntington Beach helicopter aircrew shall be responsible to notify Costa Mesa's dispatch center
that the assignment is complete or that the assignment must be terminated due to a higher priority
assignment. Services performed by Huntington Beach aircraft for Costa Mesa shall be defined
as:
A. A direct request for public safety helicopter services by Costa Mesa where a
Huntington Beach aircraft is dispatched to or arrives over the incident
(operationally identified as a "D-1" call) or;
B. Any public safety call generated by Costa Mesa and monitored by a
Huntington Beach helicopter aircrew in which the aircraft arrives over the
incident (operationally identified as a "D-2" call) or;
C. Routine patrol over Costa Mesa's jurisdictional areas, in which case
Huntington Beach's aircrew shall notify Costa Mesa's dispatch center upon
their arrival and depart from Costa Mesa's jurisdictional area.
Costa Mesa may authorize its ground based public safety supervision to cancel a response
by a Huntington Beach aircrew.
4.02 Costa Mesa agrees to comply with the FAR Part 91 and Operations Manual
section 4085 in making calls for services, which establishes priority for calls to Huntington
Services Agreement For Public safety Helicopter Support
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Beach,
4.03 Costa Mesa agrees to install within its communications/dispatch center any radio
equipment necessary to communicate directly with Huntington Beach on the designated
frequency (800 MHz Talk Group) agreed upon by Huntington Beach and Costa Mesa. All costs
associated with said installation shall be paid by Costa Mesa,
V
INDEMNIFICATION AND WAIVER
5.01 Costa Mesa agrees that Huntington Beach 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
Huntington Beach. Costa Mesa acknowledges that Huntington Beach would not provide
services in the absence of the commitments of Costa Mesa as specified in this Agreement.
5.02 To the fiullest extent permitted by law, Costa Mesa shall indemnify, defend and
hold harmless Huntington Beach, its boards, officers, agents and employees (collectively, the
"Indemnified Parties") from and against any and all claims (including, without limitation, claims
for bodily injury, death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attornney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any services provided under this Agreement including)
but not limited to, activities that relate in any way to this Agreement (including the negligent
and/or willfiul acts, errors and/or onnissions of Costa Mesa, its council members, officers, agents,
employees, and anyone employed directly or indirectly by any of them or for whose acts they
may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Costa Mesa to indemnify the Indemnified Parties from any Claim arising
from the negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are applicable.
5,03 Huntington Beach shall defend, indemnify and hold harmless Costa Mesa 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
negligence or willful misconduct by Huntington Beach, including its boards, officers, agents and
employees, within the Costa Mesa's jurisdiction. The obligation of Huntington Beach pursuant to
this section extends, without limitation, to any injury, death, loss or damage which occurs within
the Costa Mesa's jurisdiction and which is sustained by any third party, any employee or
contractor of Costa Mesa and to such contractor's employees.
Services Agreement For Public safety Helicopter Support
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VI
INSURANCE
6.01 Huntington Beach shall obtain, provide and maintain at its own expense during
the term of this Agreement liability insurance coverage for helicopter services provided to Costa
Mesa under this Agreement. Costa Mesa shall be added as an additional insured under the policy
on execution of this Agreement, and receive notice if the policy is canceled. Huntington Beach
shall provide Costa Mesa with certificates of insurance as evidence of the insurance coverage
required herein. Insurance certificates and endorsements must be approved by Costa Mesa's
Risk Manager prior to commencement of performance by Huntington Beach under this
Agreement. Costa Mesa reserved the right to require complete, certified copies of all required
insurance policies at any time.
6.02 All insurance policies shall be issued by an insurance rance company currently
authorized by the California Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Cass VII (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by Costa Mesa's Risk Manager.
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. In the
event of any dispute or legal action arising under this Agreement, the prevailing party shall not
be entitled to attorney's fees.
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 iin any way related, to
this Agreement, as well as any effort of Huntington Beach to collect money from persons or
entities responsible for any request for public safety helicopter services.
7.03 The public safety helicopter services provided by Huntington Beach under this
Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior
written approval of Costa Mesa.
7.04 Each of the Parties to this Agreement may terminate this Agreement without
cause upon sixty (60) days prior written notice.
7.05 The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
7.06 If any terns or portion of this 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 fidl force and effect.
Services Agreement For Public safety Helicopter Support
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7.07 This Agreement may be modified or amended only by a written document
executed by both Huntington Beach and Costa Mesa.
7.08 The terns 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.
7.09 This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions herein.
7.10 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.
7.11 Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out
without the prior written approval of Huntington Beach and Costa Mesa.
7.12 This Agreement may be executed in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one instrument.
7.13 The Parties shall at their own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including fcderal, state,
county or municipal, whether now in force or hereinafter enacted.
7.14 The Parties each represent that they are an equal opportunity employer and they
shall not discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
7.15 All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Huntington Beach to Costa Mesa shall be addressed to Costa Mesa at:
Attn: Captain Les Gogerty
Costa Mesa Police Department
99 Fair Drive
Costa Mesa, CA 92626
Phone: (714) 754-5190
Fax: (714) 754-5002
All notices, demands, requests or approvals from Costa Mesa to Huntington Beach shall
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be addressed to Huntington Beach at;
Attention; Kenneth W. Small
Huntington Beach Police Department
2000 Main Street
P.O. Box 70
Huntington Beach, CA 92648
Phone: (714) 536-5903
Fax: (714)536-5605
IN WITNESS WI4ERE OF, the parities hereto have executed this Agreement the day and year
first above written.
CITY OF COSTA MESA
HOMAS HATCH, Chief Executive Officer
City of Costa Mesa
ATTEST:
vi
ft. 1
JULIE OLCIK, Ci y Clerk
City o Costa Mesa
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
'Z/ P/1 4'—
H A Al TE, City Attorney
City of Costa Mesa
CITY Q0 tyli NTINGTON BEACH
WILSON, City Manager
of Huntington Beach
ATTEST;
j9AIP1 L. FLYNN, City Clerk
Cit of Huntington Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTC
�Lx muui-,A in, Lie3—axorney � •� • �
Huntington Beach
Services Agreement For Public safety Helicopter Support
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