HomeMy WebLinkAboutCity of Huntington Beach - 2021-07-01 (3) f1�01fED b-O-
City of Huntington Beach
File #: 21 548 MEETING DATE: 8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Julian Harvey, Interim Chief of Police
Subject:
Approve and authorize execution of a three-year Services Agreement with the City of Costa
Mesa for Public Safety Helicopter Services
Statement of Issue:
The City of Costa Mesa is requesting a three-year contract agreement with the City of Huntington
Beach for Public Safety Helicopter Services.
Financial Impact:
The proposed contract would generate approximately $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 Costa
Mesa. During the proposed three-year contract, revenues will be deposited into Business Unit
10000100. Object Code 46865.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, "Services Agreement for Public Safety
Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
Upon the dissolution of the Airborne Law Enforcement Services (ABLE) Joint Powers Authority in
2011, the City of Costa Mesa was left without public safety helicopter support services. Since then,
Costa Mesa has contracted with the City of Huntington Beach for public safety helicopter services.
The current contract with Costa Mesa for helicopter services expired on June 30, 2021.
Partnering with the City of Costa Mesa allows the City of Huntington Beach to allow for cost recovery
for our aircraft and crew while providing enhanced public safety to a neighboring city. Beyond the
cost recovery that shares some of the fiscal burden of operating an airborne law enforcement unit,
this agreement and partnership with an adjacent jurisdiction directly and indirectly benefits both cities
through crime prevention; the rapid apprehension of suspected criminals; the reduction of the
City of Huntington Beach Page 1 of 2 Pnnted on 728/2021
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File #: 21-548 MEETING DATE: 8/3/2021
inherent risks associated with vehicle pursuits; and public assistance incidents the aircraft provide,
including locating missing persons, rescues, and the prevention of accidents and dangerous
situations.
This regional and more centralized approach to airborne law enforcement is supported by the '2018
Orange County Grand Jury Report: Competition or Collaboration: Orange Countys Public Agency
Helicopters <https://www.ocgrandjury.org/pdfs/2017_2018_GJreport/2018-06-
22_GJ_Helicopter_Re port.pdf>, and allows for more predictable budgeting for both entities.
The City of Costa Mesa is requesting Public Safety Helicopter Services from Huntington Beach at the
hourly rate of $800, which is subject to annual adjustment based on the change in the Metropolitan
Consumer Price Index. The proposed contract includes a 60-day opt-out clause for either agency.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Services Agreement for Public Safety Helicopter Support Between the City of Huntington
Beach and the City of Costa Mesa
2. Certificate of Insurance
City of Huntington Beach Page 2 of 2 Printed on 7/28/2021
oov.erelh7/Lepisiar'"
SERVICES AGREEMENT FOR PUBLIC SAFETY HELICOPTER SUPPORT
BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE CITY OFCOSTA 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 from ground-based public safety
personnel.
B. Costa Mesa is responsible for providing public safety services .within its jurisdiction,
which includes 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 commence on July 1, 2021 and end on June 30, 2024 unless terminated
earlier as set forth herein.
1. PURPOSE
1.1 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.
1.2 Nothing in this Agreement shall be interpreted as to give Costa Mesa a right to services
from Huntington Beach. 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.
1.3 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.
21-9523/252922 1
11. SERVICES
2.1 Huntington Beach will furnish Costa iblesa with public safety helicopter services that will
include a helicopter aircrew comprised of a pilot and tactical (light 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, tiniine and duration of the services performed pursuant to this
Aereement.
2.2 Huntington Beach certifies that all helicopter aircrews providing public safety helicopter
services to Costa Mesa under this Aereement 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.
2.3 In no event shall I-luntington 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.
2.4 In the event of a natural disaster or local or regional emergency, Huntington Beach shall
take all reasonable steps to provide Costa Mesa with public safety helicopter service that
is dedicated to the exclusive use of Costa Mesa. This shall include an obligation on the
part of' Huntington Beach to "hold over' any on-duty and/or "call in" any off-duty
helicopter aircrew(s) or personnel necessary to provide Costa Mesa with public safety
helicopter service that is dedicated to the exclusive use of Costa Mesa. Additionally, in
the event of a natural disaster or local or regional emergency, ]-luntington Beach shall
provide Costa Mesa with a first right of refusal 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
e mereen c v.
Ill. COMPENSATION
3.1 Costa A-lesa shall pay (-luntington Beach for the public safety helicopter services provided
on an hourly basis in accordance with the provisions of this Section. 1-luntington Beach's
total compensation for all services performed in accordance with this Agreement shall not
exceed Nine Hundred Thousand dollars and no/100 ($900,000.00) without prior written
authorization from Costa Mesa. Furthermore, Huntington Beach's total compensation in
any single fiscal Year (defined as July Ist through .tune 30i1') shall not exceed Three
Hundred Thousand dollars and no/100 ($300,000.00) without a prior written amendment.
3.2 (-luntington Beach shall provide public safety helicopter services to Costa Mesa at an all
inclusive flat rate as set forth in this Aereement. Costa Mesa shall incur no other direct or
indirect costs or fees for the services provided by Huntington Beach under this
21-9523/252922 2
Agreement. Huntington Beach shall bill Costa Mesa for all public safety helicopter
services provided under this Agreement in tenth of an hour increments.
3.3 Huntington 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 service and time spent
on routine patrol over Costa Mesa's jurisdiction. The monthly statement shall include the
names of 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, and the number of hours spent on all services billed on an hourly basis in tenth
of an hour increments.
3.4 Costa Mesa's Chief of Police, or the Chiefs designee (the "Chief'), shall notify the
Huntington Beach Air Support Unit Commander ("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
an 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.
35 Should Huntington Beach provide over one thousand (1000) hours of public safety
helicopter services to Costa Mesa in any single fiscal year under this Agreement.
Huntington Beach acknowledges and agrees that it shall not receive any compensation for
said services without a prior written amendment.
3.6 Huntington Beach shall provide public safety helicopter services to Costa Mesa at an all-
inclusive flat rate of Eight Hundred ($800) per hour of service for the first year of service.
Commencing on January I, 2022, the hourly fee for Air Support Services may be adjusted
on July I" of each year based on the change in the Metropolitan Consumer Price Index.
The change will be conducted using the "Consumer Price Index for All Urban Consumers
(CPI-U), for the Los Angeles-Long Beach-Anaheim, 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 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 Huntington Beach and
Costa Mesa City Councils. 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.
21-9523/252922 3
IV. COSTA MESA DUTIES
4.1 Costa Mesa shall pay Hunting ton Beach an all-inclusive flat rate per hour for the cost of
the services provided by Huntington Beach pursuant to Paragraph 3.1-3.6 of this
Agreement for services provided by Huntington Beach under this Agreement. The public
safety helicopter services performed by the Huntington Beach helicopter aircrew 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 Hurst
be terminated due to a higher priority assignment. The 1-luntington-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
luntington 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
departure from Costa Mesa'sjurisdictional area.
Costa Mesa maV authorize its ground-based public safety supervision to cancel a response
by a Huntington Beach aircrew.
4.2 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 Ml-lz -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
5.1 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 that is in excess of Huntington
Beach's requirement to carry and maintain certain policies of insurance and name Costa
Mesa as an additional insured as set forth below in Section VI. Subject to Huntington
Beach's requirement to carry and maintain certain policies of insurance and name Costa
Mesa as an additional insured as set forth below in Section V1, 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
21-9523/252922 4
provide services in the absence of the commitments of Costa Mesa as specified in this
Agreement. Huntington Beach acknowledges that Costa Mesa would not enter into this
Agreement in the absence of 1-luntington Beach's commitment and obligation to carry and
maintain certain policies of insurance and name Costa Mesa as an additional insured as
set forth below in Section VI.
5.2 To the fullest extent permitted by law. Costa Mesa shall defend, indemnify. and hold
harmless Huntington Beach. its boards, officers, agents and employees (collectively, the
"Indemnified Parties") trom 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 anv 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 willful acts, errors and/or omissions of Costa
Mesa. its council members, officers, agents. employees, and anyone employed directly or
indirectly by anv of them or for whose acts they may be liable or any or all of them) that
is in excess of I-luntington Beach's requirement to carry and maintain certain policies of
insurance and name Costa Mesa as an additional insured as set forth below in Section V1.
Notwithstanding the foregoing, nothing herein shall be construed to require Costa Mesa to
indenuuif\v the Indemnified Parties from anv 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.
5.3 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. with in the Costa Nlesa's jurisdiction. The obligation of Huntington
Beach pursuant to this section extends. without limitation, to anv injury. death, loss or
damage which occurs within Costa Nlesa'sjurisdiction and which is sustained by any third
party. any employee or contractor of'Costa Mesa and to such contractor's employees.
VI. INSURANCE
6.1 Without limiting Huntington Beach's indemnification of Costa ivtesa. and prior to
commencement of'work. 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 Costa Mesa.
6.1 .1 Proof of Insurance. Huntington Beach shall provide certificates of insurance to
Costa Mesa as evidence of' the insurance coverage required herein. Insurance
certificates and endorsements must be approved by Costa Ilesis Risk Manager
21-9523/252922 5
prior to commencement of performance. Current certification of insurance shall
be kept on file with Costa Mesa at all times during the term of this contract. Costa
Mesa reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Huntington Beach shall procure and maintain for the duration of the contract
insurance against claims for in juries to persons or damages to property, which
may arise from or in connection with the performance of the. Work hereunder by
Huntington Beach. his agents. representatives, employees or subconsultants. The
cost of'such insurance shall be included in Huntington Beach's bid.
6.1 .2 Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the 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
the Costa Mesa's Risk Manager.
6.1 .3 Coverage Requirements.
6.1.3.1 Workers' Compensation Coverage. Huntington Beach shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's
Liability Insurance (with limits of at least One Million dollars
($1.000,000) for Huntington Beach's employees in accordance with the
laws of the State of California, Section 3700 of the Labor Code.
Any notice of cancellation or non-renewal of all Workers' Compensation
policies must be received by Costa Mesa at least thirty (30) calendar
days (ten (10) calendar days written notice of non-payment of premium)
prior to such change.
Huntington Beach shall submit to Costa Mesa, along with the certificate
Of' insurance, a Waiver of Subrogation endorsement in favor of Costa
Mesa, its officers, agents, employees and volunteers.
6.1 .32 Aircraft Liability Coverage. Huntington Beach shall maintain
commercial aircraft liability insurance in an amount not less than
Twenty-five Million dollars ($25,000,000) per occurrence for bodih
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.
6.1.3.1 Automobile Liability Coverage. Huntington Beach shall maintain
automobile insurance covering bodily injury and property damage for all
21-952/252922 6
activities of Huntington Beach arising out of or in connection with Work
to be performed under this Agreement, including coverage for any
owned. hired. non-owned or rented vehicles, in an amount not less than
One Million dollars ($1,000,000) combined single limit for each
accident.
Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to
contain. the following provisions:
6.1.3.4 Additional Insured. Endorsement naming the City of Costa Mesa as
respects the Aircraft Liability coverage with primary non-contributory
and severability of interest language.
6.1.3.5 Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against Costa Mesa, its elected or appointed officers, agents. officials,
employees and volunteers or shall specifically allow Huntington Beach
or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Huntington
Beach hereby waives its Own right of' recovery against Costa Mesa. and
shall require similar written express waivers and insurance clauses from
each of its subconsultants. This waiver of subrogation extends to hull
loss and property damage.
6.1 .3.6 Enforcement of Contract Provisions. Huntington Beach acknowledges
and agrees that any actual or alleged failure on the part of Costa Mesa to
inform Huntington Beach of non-compliance with any requirement
imposes no additional obligations on Costa Mesa nor does it waive any
rights hereunder.
6.1.3.7 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.
6.1.3.8 Notice of'Cancel fat ion. Huntington Beach agrees to oblige its insurance
agent or broker and insurers to provide to Costa Mesa with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each required
coverage.
21-9523/252922 7
6.1 .4 Timely Notice of' Claims. Fluntington Beach shall give Costa Mesa prompt and
timely notice of claims made or suits instituted that arise out of or result from
Huntington Beach's performance under this Agreement.
6.1 .5 Additional Insurance. Huntington Beach shall also procure and maintain, at its
own cost and expense, any additional hinds of insurance, which in its own
judgment ntay be necessary for its proper protection and prosecution ol'the Work.
Vll. NUSCELLANEOUS PROVISIONS
7.1 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
ol'anv dispute or legal action arising under this Agreement, the prevailing party shall not
be entitled to attornev's lees.
7.2 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.
7.3 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.
7.4 Each of the Parties to this Agreement may terminate this Agreement without cause upon
sixty (60) days prior written notice.
7.5 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 Countv of Orange.
7.6 If anv 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 dill force and effect.
7.7 This Agreement may be modified or amended only by a written document executed by
both Huntington Beach and Costa Mesa.
7.8 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
apph.
7.9 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'
21-9523/252922 8
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 1-Iuntington 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 federal. state. county
or municipal, whether now in Iorce or herein after 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, religious creed, color, national origin. ancestry, physical handicap, medical
condition marital status, sex, sexual orientation, age or any other impermissible basis
under law.
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: Chief Bryan Glass
Costa Mesa Police Department
99 Pair Drive
Costa Mesa. CA 92692
Phone: (714) 754-5344
All notices, demands, requests or approvals from Costa Mesa to Huntington Beach shall
be addressed to Huntington Beach at:
21-9523/252922 9
Attn: Chief Julian Harvey
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 WHEREOF, the parties hereto have executed this agreement the day and year first
above written.
CITY OF COSTA MESA, CITY OF HUNTINGTON BEACH,
A municipal corporation of the A municipal corporation of the
��of ifomj,g � State of California
City Manager ° May
o 'LQ
2 , >
,[/r ! ?
City Clerk 1 City Clerk
APP OVED AS TO FOP M:�� APPROVED AS TO FORM:
t l.P Id�+/4J
C y Alto y -RCity Attorney
INITIA D AND ROVED:
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P li Chi
IE A AP OVED:
C1 anger
21-9523/252922 10
S ity City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Certificate of Self Insurance
Memorandum Number: FY 21/22, No. 016
This evidence of coverage is used as a matter of information only and confers no rights upon the
Certificate Holder. This evidence of coverage does not amend, extend or alter the coverage
afforded by the memoranda listed below.
Certificate Holder: City of Costa Mesa, 77 Fair Drive, Costa Mesa, CA 92626
Coverage Effective: 07/01/21 Coverage Expires: O6/30/22
This is to certify that the City of Huntington Beach is self-insured for general liability claims.
Sufficient cash reserves to afford coverage for uninsured losses are maintained at S 1,000,000.
Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability,
Workers' Compensation Coverage
Limit of Liability/Coverage: S 1,000,000 Combined Single Limit per Occurrence
Certificate Requested By: Christopher Nesmith, Police Department
Description of Operation, Vehicle or Property: This certificate is issued to and additonally insures
the Certificate Holder, its agents, officers, representatives and employees as proof of the City of
Huntington Beach's self-insurance status in conjuction with the Services Agreement for Public
Safety Helicopter Support between the City of Huntington Beach and the City of Costa Mesa. It is
provided to Christopher Nesmith of the City of Huntington Beach Police Department at 2000
Main Street, Huntington Beach, CA (92648).
Should any of the above coverage for the Covered Party be changed or withdrawn prior to the
expiration date issued above, the City of Huntington Beach will mail a 30-day written notice to
the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any
kind upon the City of Huntington Beach, its agents, officers or employees. If you have any
questions, contact:
DeAnna Soria, Risk Manager
�, /(714) 536-551
Authorized Representative: �-
178
S 'ty City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Additional Insured Endorsement
Memorandum Number: FY 21/22, No. 016
This evidence of additional insured status is provided to the person or organization shown in the
schedule below. The coverage is provided on a primary and non-contributory basis.
SCHEDULE
Named of Person or Organization: The City of Costa Mesa, its elected or appointed officers,
agents, officials, employees and volunteers.
Coverage Effective: 71112.1 Coverage Expires: 6/30/22
Type of Coverage: General Liability
Limit of Liability/Coverage: $ 1,000,000 Combined Single Lirnit per Occurrence
Endorsement Requested By: Christopher Nesmith, Police Department
Description of Operation, Vehicle or Property: This additional insured endorsernent is issued in
conjunction with the Services Agreement for Public Safety Helicopter Support between the City
of Huntington Beach and the City of Costa Mesa. It is provided to Christopher Nesmith of the
City of Huntington Beach Police Department at 2000 Main Street, Huntington Beach, CA
(92648).
Should any of the above coverage for the Covered Party be changed or withdrawn prior to the
expiration date issued above, the City of Huntington Beach will mail a 30-day written notice to
the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any
kind upon the City of Huntington Beach, its agents, officers or employees. If you have any
questions, contact:
DeAnna Soria, Risk Manager
(714) 53G- 19
Authorized Representative: G—�
179
R
City of Costa Mesa Police Department Sol
Memorandum
DATE: June 29, 2021 '�`Ogoaas9�a
TO: Lori Ann Farrell Harrison, City Manager
Kimberly Hall Barlow, City Attorney
Brenda Green, City Clerk
Victor Bakkila, Police Captain��
FROM: Jan Wang, Management Analyst
SUBJECT: Services Agreement for Public Safety Helicopter Support Services
with City of Huntington Beach
City Council approved and authorized the City Manager to sign the agreement for the
public safety helicopter support services with the City of Huntington Beach on Tuesday,
6/15/2021 .
The agreement has been reviewed and approved by Brittany Roberto from City
Attorney's Office.
Please sign the attached agreements and return them to me for processing. Let me
know if there are any questions. Thank you.
4anagem NG
ent Analyst
WANG, JAN
From: Brittany E. Roberto <ber@Jones-mayer.com>
Sent: Tuesday, June 29, 2021 2:48 PM
To: WANG, JAN
Subject: Re: URGENT: PD REQUESTING AGREEMENT WITH THE CITY OF HUNTINGTON BEACH
Yes, looks good.
Brittany E. Roberto
Jones& Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
(714)446-1400
berV.jones-mayer.com
From: WANG, JAN <JWANG@costamesaca gov>
Sent: Tuesday, June 29, 2021 2:42:46 PM
To: Brittany E. Roberto
Subject: RE: URGENT: PD REQUESTING AGREEMENT WITH THE CITY OF HUNTINGTON BEACH
Hi Brittany,
Are you okay with the attached revised signature page?
Thanks,
Jan
From: Brittany E. Roberto <ber@jones-mayer.com>
Sent: Tuesday, June 29, 2021 10:07 AM
To: WANG, JAN <JWANG@costamesaca.gov>
Subject: Re: URGENT: PD REQUESTING AGREEMENT WITH THE CITY OF HUNTINGTON BEACH
Hi Jan,
It looks like HB made all of the requested changes. But 1 just noticed that the signature page has the Mayor
instead of the City Manager. As you know, the staff report requested authorization for the City Manager to
execute the agreement. Can you have HB make that minor change? If they do, they should also remove the City
Manager's signature line from the "approved as to form" section.
Brittany
Brittany E. Roberto
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
(714) 446-1400
t
' ber ujones-mayer.com<mailto:ber o jones-mayer.com>
From: WANG, JAN <J WANG a costamesaea.gov<maillo:J WANG cr costamesaea.gov»
Sent: Tuesday, June 29, 2021 9:18:00 AM
To: Brittany E. Roberto
Subject: RE: URGENT: PD REQUESTING AGREEMENT WITH THE CITY OF HUNTINGTON BEACH
Hi Brittany.
Following up on the below. Please advise if I can proceed with obtaining signatures.
Thank you!
Jan
From: WANG. JAN
Sent: Thursday, June 24. 2021 10:29 AM
To: 'Brittany E. Roberto' <berujones-mayer.corn<maiIto:bera.jones-mayer.com>>
Cc: LAPOINTE. JOYCELYN <JLAPOIN'I'E n costamesaca.gov<mailto:JLAPOIN'1'1- a costamesaca.goy»;
URUETA. STEPHANIE
<STL'•PHANIE.URUETA a costamesaca.gov<mailto:STEPFIANIE.URUETA rr costamesaca.gov>>
Subject: RE: URGENT: PD REQUESTING AGREEMENT WITI-I THE CITY OF HUNTINGTON BEACH
Hi Brittany.
Attached is the revised contract with changes requested below made. Please review and let me know if we can
route it for signatures.
Thanks.
Jan
From: Brittany E. Roberto <berujones-mayer.com<mailto:bercijones-mayer.com<mailto:berajones-
mayer.com%3cmaiIto:her@jones-maver.com>>>
Sent: Monday. June 07. 2021 12:35 PM
To: URUETA. STEPHANIE
<STEPHANIE.URUETA a costamesaca.gov<maiIto:STEPHANIE.URUETA a costamesaca.gov<maiIto:STEP
I-IANIE.URUETA@costamesaca.gov%3cmai Ito:STEPHANIE.URUETA a costamesaca.gov>>>
Cc: WANG, JAN
<J WANG cr costamesaca.gov<inailto:JWANG cueostamesaca.gov<mailto:JWANG@costamesaca.gov%3cmailt
o:JWANG a costamesaca.gov>>>
Subject: Re: URGENT: PD REQUESTING AGREEMENT WITH THE CITY OF HUNTINGTON BEACH
Hi Stephanie.
The agreement looks okay, except for one item. In Section 3.6, it says. "Commencing January 1. 2021. the
hourly fee for Air Support Services shall be adjusted on July 1 st of'each year..." Since this agreement is being
entered into as of July I. 2021, 1 believe the date referenced should be January 1, 2022. Also. instead of Section
3.6 stating that the hourly fee "shall" be adjusted on July I st of each year. I suggest that Section 3.6 instead say
that the hourly fee "may" be adjusted on July 1 st of each year. Finally, I believe the index changed from Los
Angeles-Riverside-Orange County to Los Angeles-Long Beach-Anaheim, which, per the BLS. includes Los
Angeles and Orange Counties.
2