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HomeMy WebLinkAboutCity of Costa Mesa - 2024-07-01 (2) • �NTI NG?�`` 2000 Main Street, � > occs.- r^-4_4e Huntington Beach,CA 9 410 Q City of Huntington Beach APPROVED86-0 .1 cF��UNTY jJ (STRICKLAND—ABSENT) File #: 24-490 MEETING DATE: 7/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Lt. Thoby Archer and Exec. Asst. Ingrid Ono Subject: Approve and authorize execution of agreement with the City of Costa Mesa for Public Safety Helicopter Services Statement of Issue: Approval of a three-year contract agreement with City of Costa Mesa for Public Safety Helicopter Services. Financial Impact: The proposed contract generates up to $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. Costa Mesa is requesting the contract be modified from calls for service and proactive patrol, to calls 'for service only. This would mean our helicopter would only respond for calls for service when requested by Costa Mesa, potentially resulting in less income than previous years. The rate was increased from $800 an hour to $840 an hour last year, as allowed by the contract. This year the contract will bill at $850 an hour. 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 Costa Mesa." Alternative Action(s): Do not approve and direct staff accordingly. Analysis: On June 30, 2011, the Airborne Law Enforcement Services (ABLE), a Joint Powers Authority, was dissolved and the City of Costa Mesa was left without public safety helicopter support services. City of Huntington Beach Page 1 of 2 Printed on 7/10/2024 powered84 LegistarTM File #: 24-490 MEETING DATE: 7/16/2024 Since then, the City of Costa Mesa has contracted with the City of Huntington Beach for Public Safety Helicopter Services. The current contract with the City of Costa Mesa for Public Safety Helicopter Services expired on June 30th, 2024. The City of Costa Mesa requests a new three-year agreement for Public Safety Helicopter Services. The new contract would allow Huntington Beach to respond and provide Public Safety Helicopter Services to the City of Costa Mesa at an hourly rate of$850. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1. Service Agreement for Public Safety Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa. 2. Previous Service Agreement that expired June 30th, 2024. 3. Certificate of Self Insurance - City of Costa Mesa City of Huntington Beach Page 2 of 2 Printed on 7/10/2024 powered8 'LegistarTM 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 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 commence on July 1, 2024 and end on June 30, 2027 unless terminated earlier as set forth herein. I 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. 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. 14-4195/107786 1 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 under 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 In the event of a natural disaster or Iocal 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, Huntington 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 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 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 151 through June 30'1') shall not exceed Three Hundred Thousand Dollars and no/100 ($300,000.00)in any single fiscal year(July 1-June 30)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 as set forth in this Agreement. 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, Services Agreement For Public Safety Helicopter Support 2 3.03 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. 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,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 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. 3.05 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 the prior written authorization from Costa Mesa. 3.06 Huntington Beach shall provide public safety helicopter services to Costa Mesa at an all-inclusive flat rate of Eight Hundred Fifty Dollars($850)per hour of service for the first year of service. Commencing on July 1,2024,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. 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 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 Costa Mesa City Council. 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 —3.06 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 terminated due to a higher priority assignment. Huntington Beach helicopter aircrew shall be responsible to notify Costa Mesa's dispatch center that the assignment Services Agreement For Public Safety Helicopter Support 3 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-l" call)or; 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 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 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 VI, 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. Huntington Beach acknowledges that Costa Mesa would not enter into this Agreement in the absence of Huntington 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. 5.02 To the fullest 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, 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 manner relate (directly or indirectly) to any services provided under this Agreement including, but not Iimited 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 Services Agreement For Public Safety Helicopter Support 4 or all of them) 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. 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 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. VI INSURANCE 6.01 Without limiting Huntington Beach's indemnification of Costa Mesa, 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. 6.01.1 Proof of Insurance. Huntington Beach shall provide certificates of insurance to Costa Mesa as evidence of the insurance coverage required herein. Insurance certificates and endorsement must be approved by Costa Mesa's Risk Manager 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 injuries 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. 6.01.2 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. 6.01.3 Coverage Requirements. 6.01.3.1 Workers' Compensation Coverage. Huntington Beach shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Services Agreement For Public Safety Helicopter Support 5 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. 6.01.3.2 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 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 6.01.3.3 Automobile Liability Coverage. Huntington Beach shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. 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 Costa Mesa as respects the Aircraft Liability coverage`with primary non-contributory and severability of interest language. 6.01.4.2 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. 6.01.4.3 Enforcement of Contract Provisions. Huntington Beach acknowledges and agrees that any actual or alleged failure on the part of the Costa Mesa to inform Huntington Beach of non-compliance with any requirement imposes no additional obligations on the Costa Mesa nor does it waive any rights hereunder. 6,01.4.4 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. Services Agreement For Public Safety Helicopter Support 6 6.01.4.5 Notice of Cancellation. 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. 6.01.5 Timely Notice of Claims. Huntington 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. 6.01.6 Additional Insurance. 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 and prosecution of the Work. 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 tinder 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 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 Huntington Beach and Costa Mesa. 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. Services Agreement For Public Safety Helicopter Support • 7 - I 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 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 Huntington Beach to Costa Mesa shall be addressed to Costa Mesa at: Attn:Ron Lawrence Costa Mesa Police Department 99 Fair Drive Costa Mesa, CA 92692 Phone: (714)754-5344 Ail notices, demands, requests or approvals from Costa Mesa to Huntington Beach shall be addressed to Huntington Beach at: Attention: Eric Parra Huntington Beach Police Department 2000 Main Street P.O. Box 70 Huntington Beach, CA 92648 Phone:714-536-5903 Fax: 714-536-5605 Services Agreement For Public Safety Helicopter Support 8 IN WITNESS WHERE OF,the parities hereto have caused this Agreement to be executed on the dates written below. CITY OF COSTA MESA CITY OF HUNTINGTON BEACH Date: 7/24. f ao, Date: ( , t Yam: a4,...941/4441i *U194)./toaLS71.1.-_, City Manager,City of Costa Mesa Mayor, City of Huntington Beach ATTEST: ATTEST:Date: If Z(o( Zv z Date:: d ®l la aD ate. �y/ goy 114,5. City Clerk,City o osta Me . ./! City •k, City of Huntington Beach APPROVED AS TO FORM: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY OFFICE OF THE CITY ATTORNEY Date: 1 1 ab j 01 i Date: City Attorney,Ci f Costa Mesa Ci Attorney, City of Huntington Beach • Services Agreement For Public Safety Helicopter Support 9 v � 3 u. _ =` - iii_j____ . ___7____,,....iii i. 1 ill,._____, 1.3P - 1 r r PPP k \ __._______- - HUNTINGTON BEACH POLICE DEPARTMENT AIR SUPPORT CONTRACT SERVICES . . . .,, f INGN7., ....._ .. ....� 04/ Mlih, • •. .POC .•• NCpRATF� 6.•4�• V • = r A PROPOSAL TO: __ - = % Costa Mesa Police Department �- ?--_- - - -), Q , June 15th, 2024 il �... 17 19 0 :•` `` Am °UNT`i C., PURPOSE 10 ik Vi In 2011 the Airborne Law Enforcement program, which provided air support ser- / 00 vices to Costa Mesa, ceased operations. A. g , Since that time, the City of Costa Mesa - has contracted air support services with the Huntington Beach Police Depart- , 4 „ ► ment. The current contract expires on June 30, 2024. The Huntington Beach V 20- 1 ir Police Department is proposing an addi- .,- �' tional three-year contract to continue air - err ,x.,If - �_ - -•� , r--- -. . •: ` ;,, support services. F 1'� ad F o !! FACTS The Huntington Beach Air Support Unit ' was established in 1968. Huntington 4 a R -i Beach was the first city in Orange Coun- ',` s -,�s ",, - ty and fifth in the entire nation to utilize helicopters in support of public safety. The primary mission of the Huntington ,-. de Beach Police Department Air Support Unit (HBPDASU) is to fly in support of police, fire and marine safety operations. Those operations include, but are not limited to patrol ground operations, sur- veillances, aerial photo/intelligence gath- ering missions, observation support for ,//�'��'�4. police, fire and marine safety operations, i N1 I N G as well as SWAT operations and Emer- gency/Disaster surveying. ••••••••••.+.+• D4, •.•• \N�p R P O Rg TFo++•+• -- _----- .• ( \ Our primary goal is to provide a level of - --:` •• 17 service that contributes to the overall ••� success of the mission at hand. We un- .�_� • ; derstand that safety is critical to the suc- _ _ _ S , cessful outcome of any mission, so we -�= �"? ; _, f •• Q , strive to operate in as safe a manner as ice- 4 — • , possible in all areas of our aviation oper- a • ations. '••++:F� P� ••• O °ONTY t ,#' 'w f tois RESPONSE TIMES ,v.„* The Huntington Beach Police Depart- 47''- _ ment ASU heliport facility is located in • uncontrolled airspace (non-airport), al- y, :-..'".' lowing us to become airborne without - a ! ,. .i.i. the delays normally associated with air-, - ; ,= port operations. During an emergency '.,;. ti, response, the aircraft can be airborne 1 within 1 minute 30 seconds of initial start-up/ignition. %.44).., 16.0,40‘ 14 .1. ft, ' ' Response times from the farthest southwest part of Huntington Beach are as fol- lows: Huntington Beach (PCH/Anaheim Harbor Bridge) to Santa Ana (55 FWY/22FWY): 6 minutes 52 seconds Huntington Beach (PCH/Anaheim Harbor Bridge) to Costa Mesa (Airport Loop Drive/405 FWY): 5 minutes 49 seconds ;:u:.' „. - .— - .147„:(" 1 , `"._ + / Y� if Y,, l' f i AL :.,_ Huntington Beach (PCH/Anaheim Harbor Bridge) to Newport Beach (PCH/Reef Pt Drive, Newport Coast): 8 minutes 31 seconds 40 cs‘ . 04110 C\444*' 0 r 1S<S4(440 0° 1441k AS. ig . 17, 19 O% , , 16 114111k Soo 0 011611111111 ‘:114k\i„ NW Of 1411116. II IOW °if N TN Cis vtoo 8E4Cy .queeff*Nz.' A r 411 )("1,.0 ,44*Ilow"1. 404, 4' a� ‘,`° R suvv° HELIPORT The HBPD Heliport is owned by the City of Huntington Beach. Therefore there is no rental or lease agreement allowing our program to be cost efficient. The Huntington Beach Police Department ASU heliport facility is located in uncon- trolled airspace (non-airport), allowing us to become airborne without the de- lays normally associated with airport operations allowing for a quicker re- sponse time. We have two (2) full-time mechanics assigned to the heliport. 4P ,. % Ilk 4 ...\,... 4.. _______ __. _ _ .. , ... _ , ,‘ .. . lik, ,. A.,,,.... . ...• ._, ...., ,,,, _ „.. .. „ ,,,,,,,„,i, ,,,, ,,, II ....., : . „ .... , . . r q #.„4,, 0 Cr) Ilk ik Cams) : , I/.\;„, 0 1:3:: Ilk AI Ilk ,VI C 1 • , _ 4 fr _ _ . •46u - fir ._._, ; tea_ 1d t. T '-'-'-': --, ` v -' , h. - , _, , ..7., . . . . rlit.: n It 4p . {:, �—s.� . ..._....��r — � . , _ f . . .. ., lI.11i11�}1111111ff1 . ASSETS OF HUNTINGTON BEACH r POLICE AIR SUPPORT UNIT 3 `' AtpN. The Huntington Beach Police Air Support Unit consists of three (3) - s St MD 530FF delivers increased op- _ ._ - erational capabilities, greater mis- l �-' sion versatility, and superior per- .r .,W - , formance. Equipped with the 650 A 0 .., ks', � shp Rolls-Royce 250-C30 engine, y, .-O.. ,,.. the MD 530FF operates more ef- ' ` J � rK fectively in hot, high environments • i -'* than other helicopters in its class. / el) • % 4,04, § __ _ Huntington Beach Air Support Helicopters (HB1 ) are equipped to assist wit modern police work from an aerial platform. Additional support equipment currently attached and used by HB1 include iiih Wescam MX-10 High-definition camera capa- - ble of infrared. Night sun spotlight (50,000,000 candle power) \ Churchill moving map system/GPS Technisonic VHF/UHF radio (allows for multi state/federal law enforcement agency commu- -2-00"' nications) B10 � . „ , Tyler Seats for SWAT / Marine Safety opera- , / - - - .,,, \ tions P ,, Aerial digital photography equipment (for multi- ,,,,, '` t',.. ple uses including CSI/Traffic collision investi- .- 7 -Feu hei , 1 ,0 gations) '... Handheld/Aircrew delivered life rings (automatic inflation upon contact with water) Night Vision Goggles HOURS OF AVAILABILITY / FLIGHT SCHEDULE The Unit is staffed by a Police Sergeant, 6 Police Officer/Pilots, and 2 Helicop- ter Maintenance Mechanics. HB1 currently is scheduled to fly 2,000 hours/year for normal patrol functions. The HBPD Air Support Unit provides 7-day a-week coverage with three 2- officer flight crews. Currently there are two Certified Flight Instructors assigned to the unit. The following is our normal schedule deployment. Sun Mon Tue Wed Thu Fri Sat 1500-0300 1500-0300 0800-0300 0800-0300 0800-0300 0800-0300 1500-0300 4 Nrof<i<4‘ SPECIAL EVENTS -we"'414, The advantage of having three (3) fully operational helicopters allows The Air /11, Support Unit to be available for special events and holidays. HB1 can be available in addition to regular patrol times to provide support for scheduled special events and operations, as well as unforeseen events such as protests and rallies. -._ .. • w a Vit ' lie s;„40--- 9r-c..,,,,,1"-- *6,--„r„,,,,..._,..ocor.s_- _ 1 ' 0 lick The HBPD Air Support Unit is a valuable asset and often used to support SWAT Operations. The ASU is available to train with the SWAT team to maintain proficiency and (ZiF)klb 11111 ' '� . � + ► 0 promote teamwork. � � AIR SUPPORT BENEFITS The availability of a police helicopter offers an advantage that enhances the ca- pabilities of officers, fire fighters and marine safety personnel on the ground. When a police helicopter is used during a vehicle or foot pursuit, public safety is greatly enhanced. The ability to observe and report on uninvolved vehicle/pedestrian traffic, road conditions, and suspect actions brings a greater degree of safety to the event. The capabilities of the police helicopter make it an invaluable tool during major emergencies and natural disasters. ,:,� 40/ ., A study conducted for the Los Angeles Police Department by JPL (Jet Propul- sion Laboratory) determined the following: One police helicopter provides a level of service equivalent to eight (8) 2- officer patrol cars. The presence of the police helicopter operating on routine patrol was found to be an active deterrent to crime. During a major incident or tactical operation, the presence of a police helicop- ter with a well-trained Pilot and Tactical Flight Officer act as a force multiplier for the overall police operation. • PROPOSED HOURLY RATE -- — �• „�;.�.-�-- - • 4;q8.1 The proposed contract rate for air support services by the Huntington Beach Po- lice Department Air Support Unit includes the Direct Operating Cost (DOC) of the helicopter. The DOC can be provided upon request.) " The recommended proposal for hourly service of the Huntington Beach Police Air Support Unit is: $850 / hour with an increase tied to the Consumer Price Index each year. ........:._._ U I / \al V Ay CONCLUSION ,. Orig. The Huntington Beach Police Department Air Support Unit prides itself on profes- sionalism. We are fully capable and prepared to extend air support services to your cities. We look forward to the opportunity to discussing this further. *GTON 49,, ,,,,\ , zeob : �rfr ) - ,, vog ..„.,....., •. e opt ,, po LICE ::: - '...4.14'.. -,. -- *-- 0 . 0 1.,t1"°1 s4A, -#1 '- , ie / N g ,,. . 1 m Al -- Huntington Beach Police Department 2000 Main St. Huntington Beach, CA 92648 I P.O. Box 70 1 714-960-8811 Eric Parra Chief of Police s Ichit. \ City Huntington of Huntin ton Beach Uii I 2000 Main Street „.th,V;at,,. Huntington Beach, California 92648 Certificate of Self Insurance Memorandum Number: FY 24/25, No. 008 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: 07/01/24 Coverage Expires: 06/30/25 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 $ 1,000,000. Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability, Workers' Compensation Coverage Limit of Liability/Coverage: $ 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) 536-5 19 Authorized Representative: 44(..., rs iiity City of Huntington Beach II 2000 Main Street Fiuntln e Huntington Beach, California 92648 Additional Insured Endorsement Memorandum Number: FY 24/25, No. 008 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: 07/01/24 Coverage Expires: 06/30/25 Type of Coverage: General Liability Limit of Liability/Coverage: $ 1,000,000 Combined Single Limit per Occurrence Endorsement Requested By: Christopher Nesmith, Police Department Description of Operation, Vehicle or Property: This additional insured endorsement 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 he 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 hut, 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, R.sk Manager (714) 53 -5519 Authorized Representative: 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 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 I, 2021 and end on June 30, 2024 unless terminated earlier as set forth herein. I. PURPOSE 1.1 The purpose of this Agreement is to provide public safety helicopter services to Costa Mesa's Iand 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 96 II. SERVICES 2.1 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. 2.2 Huntington Beach certifies that all helicopter aircrews providing public safety helicopter services to Costa Mesa under 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. 2,3 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. 2.4 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, Huntington 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 emergency. III. COMPENSATION 3,1 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 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 1st through June 30"') shall not exceed Three Hundred Thousand dollars and no/100($300,000.00) without a prior written amendment. 3.2 Huntington Beach shall provide public safety helicopter services to Costa Mesa at an all inclusive flat rate as set forth in this Agreement. 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 97 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. 3.5 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 1, 2022, the hourly fee for Air Support Services may be adjusted on July 1' 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 98 IV, COSTA MESA DUTIES 4.1 Costa Mesa shall pay Huntington Beach an all-inclusive flat rate per hour for the cost of the services provided by Huntington Beach pursuant to Paragraph 3.1.3.45 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 must be terminated due to a higher priority assignment. The 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 departure 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. 4.2 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 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 5,1 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 VI, 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 99 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 Huntington 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") 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 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 any of them or for whose acts they may be liable or any or all of them) 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. 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. 5.3 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 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 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. VI, INSURANCE 6.1 Without limiting Huntington Beach's indemnification of Costa Mesa, 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 Mesa's Risk Manager 21-95231252922 5 100 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 injuries 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. 6,1.3,2 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 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. 6.1.3.3 Automobile Liability Coverage. Huntington Beach shall maintain automobile insurance covering bodily injury and property damage for all 21-9523/252922 6 101 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 Cancellation. 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 7 102 6.1.4 Timely Notice of Claims, Huntington 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 kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work, VII. MISCELLANEOUS 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 of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 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 County of Orange. 7.6 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. 7.7 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 apply. 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 8 103 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 federal, state, county or municipal, whether now in force 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 Fair 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 9 104 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 rye of Ca ' omia State of C rnia biagZei if*F et.... City Manager ©y "''ts;; Mayor ohetaidietio 1)' JT x+ 9: City Clerk `��,�;-7'1/ ' City Clerk s,- APP OVED A TO FORM: APPR VED AS TO FORM: City Atto ey City Attorney INITIAT ANI) ROVED: P Chi V �PI�.OVED: City Manager • 21-9523/252922 10 105 S City of Huntington Beach 1� • 2000 Main Street ,{.1 ; ,o Huntington Beach, California 92648 Certificate of Self Insurance Memorandum Number: FY 2 1/22, 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: 06/30/22 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 $ 1,000,000. Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability, Workers' Compensation Coverage Limit of Liability/Coverage: $ 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) 5362 Authorized Representative: �-- S ity City of Huntington Beach 2000 Main Street Hun , ; die 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: 7/1/21 Coverage Expires: 6/30/22 Type of Coverage: General Liability Limit of Liability/Coverage: $ 1,000,000 Combined Single Limit per Occurrence Endorsement Requested By: Christopher Nesmith, Police Department Description of Operation, Vehicle or Property: This additional insured endorsement 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) 536-, 19 Authorized Representative: %' ��