HomeMy WebLinkAboutCity of Irvine - 2018-09-04 PROVED 7-0
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City of Huntington Beach
File #: 18-058 MEETING DATE: 9/4/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subject:
Approve and authorize execution of a three-year Services Agreement with the City of Irvine for
Public Safety Helicopter Services
Statement of Issue:
The City of Irvine is requesting a three-year contractual agreement with the City of Huntington Beach
for Public Safety Helicopter Services.
Financial Impact:
The proposed contract could generate $300,000 per year in General Fund revenue for the City of
Huntington Beach in exchange for Public Safety Helicopter Services for the City of Irvine. During the
proposed three-year contract, revenues will be deposited into Business Unit 10000100, Object Code
46860.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Services Agreement for Public
Safety Helicopter Support between the City of Huntington Beach and the City of Irvine."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Irvine Police Department is requesting Public Safety Helicopter Services from Huntington Beach.
The request is on a per-call basis at an hourly rate starting at $770 for the first year. The hourly rate
would be adjusted yearly based on the change in the Metropolitan Consumer Price Index. The
proposed contract includes a 60-day opt-out clause for either city.
Environmental Status:
N/A
Strategic Plan Goal:
City of Huntington Beach Page 1 of 2 Printed on 8/29/2018
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File #: 18-058 MEETING DATE: 9/4/2018
Enhance and maintain public safety
Attachment(s):
1 . "Services Agreement for Public Safety Helicopter Support between the City of Huntington
Beach and the City of Irvine."
City of Huntington Beach Page 2 of 2 Printed on 8/29/2018
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SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
THE CITY OF IRVINE
This Services Agreement for Public Safety Helicopter Support ("Agreement") is made by
and between the City of Huntington Beach, a California Municipal Corporation (the City of
Huntington Beach) and the City of Irvine, a California Municipal Corporation (the City of
Irvine) based on the following:
A. The City of 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. The City of Irvine is responsible for providing public safety services within its
jurisdiction, which include public safety helicopter services.
C. The City of Irvine request the services of the City of Huntington Beach to provide
public safety helicopter services within its borders and would like to enter into a three year
contract starting July 1, 2018 and ending on June 30, 2021.
TERM
This Agreement shall commence upon execution by the last party and continue until June
30, 2021, unless terminated earlier as set forth herein.
I
PURPOSE
1.01 The purpose of this Agreement is for the City of Huntington Beach to provide
certain public safety helicopter services to the City of Irvine in exchange for the City of Irvine
payment of an all-inclusive flat rate per hour for the cost of the services provided by the City of
Huntington Beach.
1.02 Nothing in this Agreement shall be interpreted to require the City of Huntington
Beach to provide helicopter services based upon a schedule or need for service from the City of
Irvine. The City of Huntington Beach expressly retains all authority, right and power to direct,
schedule, deploy, manage, maintain, train, employ, equip, operate and control all equipment,
facilities, properties and personnel in providing public safety helicopter services pursuant to this
Agreement. The City of Irvine acknowledges and agrees that the efficient use of public safety
helicopter services requires a timely and prioritized response of the City of Huntington Beach's
helicopter. The City of Irvine agrees that the City of Huntington Beach will have the sole
discretion to determine the use of its helicopter including the priority of calls for service and
when an assignment of a helicopter air crew to a call will be acted upon by the City of
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Huntington Beach and the service terminated.
1.03 Notwithstanding the terms of helicopter services provided in this Agreement, the
City of Irvine 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.
II
SERVICES
2.01 Upon the City of Irvine's request, the City of Huntington Beach will provide the
City of Irvine with public safety helicopter services that will include the City of Huntington
Beach helicopter and aircrew comprised of a pilot and tactical flight officer that are both sworn
peace officers and specially trained to provide public safety helicopter services. The City of
Huntington Beach Police Department retains the sole and exclusive discretion as to the specific
type, nature, timing and duration of the services performed pursuant to this Agreement, including
the City of Huntington Beach terminating a helicopter deployment at its sole discretion because
of a higher priority assignment.
2.02 The City of Huntington Beach certifies that all helicopter aircrews providing
public safety helicopter services to the City of Irvine under this Agreement currently possess,
and will maintain 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 the City of Huntington Beach or the helicopter aircrew be
responsible for the direction and control of ground based public safety personnel and equipment
of the City of Irvine during the course and scope of the public safety helicopter services
performed pursuant to this Agreement.
III
COMPENSATION
3.01 The City of Irvine shall pay the City of Huntington Beach for the public safety
helicopter services provided on an hourly basis in accordance with the provisions of this Section.
3.02 The City of Huntington Beach shall provide public safety helicopter services to
the City of Irvine at an all-inclusive flat rate with no other direct or indirect cost as set forth in
this Agreement. The City of Huntington Beach shall bill the City of Irvine for all public safety
helicopter services provided under this Agreement in tenth of an hour increments.
3.03 The City of Huntington Beach shall submit monthly invoices to the City of Irvine
describing the public safety helicopter services provided in the preceding month. The City of
Huntington Beach will also provide the City of Irvine with a monthly statement detailing all calls
for service over the City of Irvine. The monthly statement shall include the names of the
helicopter aircrew who performed the services, a brief description of the services performed
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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 The City of Irvine's Chief of Police, or designee, shall notify the City of
Huntington Beach Air Support Unit Commander("Unit Commander") within twenty (20) days
of receipt of the monthly statement of any disputed calls for service. The Unit Commander and
the City of Irvine Police Chief will review the public safety helicopter service provided by the
City of Huntington Beach on an as needed basis to ensure that it coincides with the service level
desired by the City of Irvine. The Unit Commander and the City of Irvine Chief of Police will be
responsible for cooperatively resolving any disputes over services provided under this
Agreement and adjusting any service levels to coincide with the levels and costs of the City of
Irvine.
3.05 The City of Huntington Beach shall provide public safety helicopter services to
the City of Irvine at an all-inclusive flat rate of Seven Hundred Seventy Dollars ($770) per hour
of service (Hourly Rate) for service as defined in Section 4 below. On July 1 of each year this
Agreement is in effect, the rate for service shall increase based on the change in the "Consumer
Price Index for All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County,
California area; all items not seasonally adjusted, 1982-1984=100 reference base." The
adjustment will be based on the current contract rate using the January index of the current year
and the January index of the preceding year. The City of Huntington Beach Police Chief shall
adjust the fees set forth in the Agreement 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 of Huntington Beach
City Council. In no event, however, shall the amount payable under this Agreement be reduced
below the Hourly Rate in effect immediately preceding such adjustment. The maximum
adjustment increase to the Hourly Rate, for any year where an adjustment is made pursuant to
this Section, shall not exceed five percent (5%) of the Hourly Rate in effect immediately
preceding such adjustment.
IV
RESPECTIVE DUTIES
4.01 The City of Irvine shall pay the City of Huntington Beach an all-inclusive flat rate
per hour for the cost of the services pursuant to Paragraph 3.01 — 3.05 of this Agreement. The
public safety helicopter services shall be deemed to commence as of the date and time the
aircraft-is dispatched to the airspace of the City of Irvine. These services shall continue until the
aircrew notifies the City of Irvine that the assignment is complete or that the assignment must be
terminated due to a higher priority deployment. The City of Huntington Beach helicopter
aircrew shall be responsible to notify the City of Irvine's dispatch center that the assignment is
complete or that the assignment must be terminated due to a higher priority deployment. The
City of Irvine may authorize its ground based public safety supervision to cancel a response by
the City of Huntington Beach aircrew.
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4.02 Services performed by the City of Huntington Beach aircraft for the City of Irvine
shall be defined as:
A. A direct request for public safety helicopter services by the City of Irvine where
the City of Huntington Beach aircraft is dispatched to or arrives over the
incident or;
B. Any public safety call generated by the City of Irvine and monitored by the
City of Huntington Beach helicopter aircrew in which the aircraft arrives over
the incident after being requested.
4.03 The City of Irvine agrees to install within its communications/dispatch center any
radio equipment necessary to communicate directly with the City of Huntington Beach on the
designated frequency (800 MHz Talk Group) agreed upon by the City of Huntington Beach and
the City of Irvine. All costs associated with said installation shall be paid by the City of Irvine.
V
INDEMNIFICATION AND WAIVER
5.01 The City of Irvine agrees that the City of Huntington Beach shall be fully
protected and indemnified 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.
Subject to the City of Huntington Beach's requirement to carry and maintain certain
policies of insurance and name the City of Irvine as an additional insured as set forth below, the
provisions of this Agreement should be construed and interpreted to provide the fullest possible
indemnification to the City of Huntington Beach. The City of Irvine acknowledges that the City
of Huntington Beach would not provide services in the absence of the commitments of the City
of Irvine as specified in this Agreement. The City of Huntington Beach acknowledges that the
City of Irvine would not enter into this Agreement in the absence of the City of Huntington
Beach's commitment and obligation to carry and maintain certain policies of insurance and name
the City of Irvine as an additional insured.
5.02 To the fullest extent permitted by law, the City of Irvine shall indemnify, defend
and hold harmless the City of 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"), not arising out of
police air support services as provided under this Agreement including, but not limited to,
activities that relate in any way to this Agreement that arise out of the negligence or willful
misconduct of the City of Irvine, its council members, officers, agents, or employees.
Notwithstanding the foregoing, nothing herein shall be construed to require Irvine 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
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any insurance policies are applicable.
5.03 The City of Huntington Beach hall defend, indemnify and hold harmless the City
of Irvine and its officers, boards, 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 of the City of Huntington Beach in providing
police air support services to Irvine pursuant to this Agreement. The obligation of the City of
Huntington Beach pursuant to this section extends, without limitation, to any injury, death, loss
or damage which occurs within the City of Irvine's jurisdiction and which is sustained by any
third party, any employee or contractor of Irvine, or any such contractor's employees.
VI
INSURANCE
6.01 Without limiting the City of Irvine indemnification of the City of Huntington
Beach, the City of Huntington Beach shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to the City of Irvine.
6.01.1 Proof of Insurance. The City of Huntington Beach shall provide
certificates of insurance to the City of Irvine as evidence of the insurance coverage
required herein. Insurance certificates and endorsement must be approved by the City of
Irvine's Risk Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with the City of Irvine at all times during the term of this
contract. The City of Irvine reserves the right to require complete, certified copies of all
required insurance policies, at any time.
The City of Huntington Beach shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the services hereunder by the
City of Huntington Beach, his agents, representatives, employees or subconsultants.
6.01.3 Coverage Requirements.
6.01.3.1 Aircraft Liability Coverage. The City of Huntington Beach shall
maintain commercial aircraft liability insurance in an amount not less than twenty-five
million dollars ($25,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, blanket contractual liability including war
risk and premises liability insurance to include property damages incidental to the
operations of the named insured.
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6.01.3.2 Workers' Compensation Coverage. The City of Huntington
Beach shall maintain Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance, or Self-Insurance (with limits of at least one million
dollars ($1,000,000) for the City of Huntington Beach's employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code.
6.01.4 Other Insurance Provisions or Requirements. The policies are to contain,
or be endorsed to contain, the following provisions:
6.01.4.1 Additional Insured. Endorsement naming the City of Irvine as
respects the Aircraft Liability coverage with primary non-contributory and
severability of interest language.
6.01.4.2 Waiver of Subro ag tion. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive subrogation
against the City of Irvine, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow the City of Huntington
Beach or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss.
6.01.4.3 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by
any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
6.01.4.5 Notice of Cancellation. The City of Huntington Beach agrees
to oblige its insurance agent or broker and insurers to provide to the City of Irvine
with thirty (30) days notice of cancellation (except for nonpayment for which ten
(10) days notice is required) or nomenewal of coverage for each required
coverage.
6.01.5 Timely Notice of Claims. The City of Huntington Beach shall give the
City of Irvine prompt and timely notice of claims made or suits instituted that arise out of
or result from the City of Huntington Beach's performance under this Agreement.
6.01.6 Additional Insurance. The City of Huntington Beach shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection.
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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 the City 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 the City of Huntington Beach
under this Agreement shall not be assigned, transferred, contracted or subcontracted out without
the prior written approval of the City of Irvine.
7.04 Each of the Parties to this Agreement may terminate this Agreement for any
reason 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 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 full force and effect.
7.07 This Agreement may be modified or amended only by a written document
executed by both the City of Huntington Beach and the City of Irvine.
7.08 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.
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.
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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 the City of Huntington Beach and the City of Irvine.
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 federal, 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 the City of Huntington Beach to the City of Irvine shall be addressed
to the City of Irvine at:
Attn: Chief Mike Hamel
The City of Irvine Police Department
1 Civic Center Plaza
The City of Irvine, CA 92606-5207
Phone: 949-724-7000
All notices, demands, requests or approvals from the City of Irvine to the City of
Huntington Beach shall be addressed to the City of Huntington Beach at:
Attention: Robert Handy
The City of Huntington Beach Police Department
2000 Main Street
P.O. Box 70
The City of Huntington Beach, CA 92648
Phone: 714-536-5903
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the dates written below.
CITY OF THE CITY OF IRVINE THE CITY OF HUNTINGTON BEACH
Date: Date:
Chief of Police, the eity of Irvine Mayor, e rty of H Fn4lg2tor0c
ach
ATTEST:p� ATTEST:
Date: Date: 9-
City Clerk, the ity of Irvine City Irk, the City o Huntington Beach
APPROVED AS TO FORM: APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY OFFICE OFT /�E CITY ATTORNEY
Dat � I t1b Date:
y orney, the' t of Irvine rt ttorney, the City of Huntington Beach
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