HomeMy WebLinkAbout09 - Services Agreement for Public Safety Helicopter Services with the City of Huntington BeachQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
September 8, 2020
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Eric Little, Lieutenant, elittle@nbpd.org
PHONE: 949-644-3730
TITLE: Services Agreement for Public Safety Helicopter Services with the
City of Huntington Beach
ABSTRACT:
The City of Newport Beach contracts with the City of Huntington Beach for public safety
helicopter services to support police, fire and marine safety operations. The current
agreement ended on June 30, 2020 and the Police Department is requesting City Council
approval for a new three- and one-half year agreement in the amount not to exceed
$2,400,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it
will not result in a physical change to the environment, directly or indirectly; and
b) Approve the services agreement for public safety helicopter support between the City
of Huntington Beach and the City of Newport Beach ("Agreement"), and authorize the
Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this agreement and funding in
future fiscal years will be included in the annual budget preparation process. It will be
expensed to the Police Department, Contract Services — Helicopter account, 01035353-
811025.
DISCUSSION:
Since September 2011, the City of Newport Beach has contracted with the City of
Huntington Beach for public safety helicopter services. During the term of the last three-
year agreement, the Huntington Beach police helicopter, HB -1, responded to 1,926 calls
for service and provided 1,844 hours of air support for Newport Beach Police, Fire, and
Lifeguards.
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Services Agreement for Public Safety Helicopter Services with
the City of Huntington Beach September 8, 2020
Page 2
The City of Huntington Beach has requested a three- and one -half-year agreement to
align the term with their helicopter services agreements with other cities. The requested
agreement is similar in all respects to the previous agreement, except for an increase of
the hourly rate from $735.00 to $800.00. The hourly rate has not been increased in three
years and the requested increase is equal to CPI increases for the same time period. At
$800 per hour, the agreement would allow for an average of 2.3 hours of exclusive flight
time per day, if necessary. Historically, the usage has been well within the allocated hours
and the City is only charged for the hours used. The amount budgeted annually for
helicopter services ($530,000 for FY 2020-21) reflects actual flight time over the last eight
years.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Helicopter Services Agreement
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Attachment A
SERVICES AGREEMENT FOR PUBLIC SAFETY
HELICOPTER SUPPORT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE
CITY OF NEWPORT BEACH
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 Newport Beach, a California Municipal Corporation ("Newport Beach")
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. Newport Beach is responsible for providing public safety services within its
jurisdiction, which include public safety helicopter services.
C. Newport Beach requires the services of Huntington Beach to provide public safety
helicopter services to its land and residents.
TERM
This Agreement shall commence on the date it is last executed by a party and end on
December 31, 2023 unless terminated earlier as set forth herein.
PURPOSE
1.01 The purpose of this Agreement is to provide public safety helicopter services to
Newport Beach's land and residents and for Newport Beach 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 Newport Beach 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 Newport Beach pursuant
to this Agreement. Newport Beach acknowledges and agrees that the efficient use of public safety
helicopter services requires a timely and prioritized response of a helicopter. Newport Beach
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, the Newport 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 ground based public
safety services to its land and residents.
20-8633/229965
9-3
Attachment A
II
SERVICES
2.01 Huntington Beach will furnish Newport Beach 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 Newport Beach 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 Newport Beach
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 local or regional emergency, Huntington Beach
shall take all reasonable steps to provide Newport Beach with public safety helicopter service that
is dedicated to the exclusive use of Newport Beach. 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 Newport Beach with public safety helicopter service that is
dedicated to the exclusive use of Newport Beach. Additionally, in the event of a natural disaster
or local or regional emergency, Huntington Beach shall provide Newport Beach 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 Newport Beach 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 Two Million Four Hundred Thousand Dollars and no/100
($2,400,000.00) without prior written authorization from Newport Beach. Furthermore,
Huntington Beach's total compensation in any single Fiscal Year (defined as July 1St through
June 30th) shall not exceed Eight Hundred Thousand Dollars and no/100 ($800,000.00) without
prior written authorization from Newport Beach.
Services Agreement For Public Safety Helicopter S
2
Attachment A
3.02 Huntington Beach shall provide public safety helicopter services to Newport
Beach at an all-inclusive flat rate as set forth in this Agreement. Newport Beach shall incur no
other direct or indirect costs or fees for the services provided by Huntington Beach under this
Agreement. Huntington Beach shall bill Newport Beach for all public safety helicopter services
provided under this Agreement in tenth of an hour increments.
3.03 Huntington Beach shall submit monthly invoices to Newport Beach describing the
public safety helicopter services provided in the preceding month. Huntington Beach will also
provide Newport Beach with a monthly statement detailing all calls for service and time spent on
routine patrol over Newport Beach'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, the number
of hours spent on all services billed on an hourly basis in tenth of an hour increments.
3.04 Newport Beach's Chief of Police, or the Chief's 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 Newport Beach'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 Newport Beach. 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 Newport Beach,
3.05 Should Huntington Beach provide over One Thousand (1000) hours of public
safety helicopter services to Newport Beach 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 Newport Beach.
3.06 Huntington Beach shall provide public safety helicopter services to Newport
Beach at an all-inclusive flat rate of Eight Hundred Dollars ($800) per hour of service for the
first year of service. Commencing on July 1, 2020, 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 -Riverside -Orange County, California area; All items not seasonally
adjusted, 1982-1984=100 reference base." The adjustment will be based on the current contract
rate using the January index of the current year and the January index of the preceding year. The
Huntington Beach Police Chief shall adjust the fees set forth in the MOU by such percentage
change and rounded to the next highest dollar amount. Should the Consumer Price Index be
revised or discontinued, the Police Chief shall use the revised or a comparable index as approved
by the City Council.
Services Agreement For Public Safety Helicopter Support
i
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Attachment A
IV
NEWPORT BEACH DUTIES
4.01 Newport Beach 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 Newport Beach,
whichever occurs first. These services shall continue until the aircrew notifies Newport Beach 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 Newport Beach'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 Newport Beach
shall be defined as:
A. A direct request for public safety helicopter services by Newport Beach 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 Newport Beach 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 Newport Beach's jurisdictional areas, in which case
Huntington Beach's aircrew shall notify Newport Beach's dispatch center upon
their arrival and depart from Newport Beach's jurisdictional area.
Newport Beach may authorize its ground based public safety supervision to cancel a
response by a Huntington Beach aircrew.
4.02 Newport Beach 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 Newport Beach 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 Newport Beach. All
costs associated with said installation shall be paid by Newport Beach.
V
INDEMNIFICATION AND WAIVER
5.01 Newport Beach 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 Newport Beach as an
Additional insured as set forth below in section VI. Subject to Huntington Beach's requirement
Services Agreement For Public Safety Helicopter Support
4
Attachment A
to carry and maintain certain policies of insurance and name Newport Beach 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. Newport Beach
acknowledges that Huntington Beach would not provide services in the absence of the
commitments of Newport Beach as specified in this Agreement. Huntington Beach acknowledges
that Newport Beach 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 Newport
Beach as an additional insured as set forth below in section VI.
5.02 To the fullest extent permitted by law, Newport Beach 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 limited
to, activities that relate in any way to this Agreement (including the negligent and/or willful acts,
errors and/or omissions of Newport Beach, 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 Newport Beach as an additional insured as set forth below in
section VI. Notwithstanding the foregoing, nothing herein shall be construed to require Newport
Beach 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 Newport Beach 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 Newport Beach's jurisdiction. The obligation of Huntington Beach pursuant
to this section extends, without limitation, to any injury, death, loss or damage which occurs within
Newport Beach's jurisdiction and which is sustained by any third party, any employee or contractor
of Newport Beach and to such contractor's employees.
V1
INSURANCE
6.01 Without limiting Huntington Beach's indemnification of Newport Beach, 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 Newport Beach.
Services Agreement For Public Safety Helicopter Support
9-7
Attachment A
6.01.1 Proof of Insurance. Huntington Beach shall provide certificates of
insurance to Newport Beach as evidence of the insurance coverage required herein. Insurance
certificates and endorsement must be approved by Newport Beach's Risk Manager prior to
commencement of performance. Current certification of insurance shall be kept on file with
Newport Beach at all times during the term of this contract. Newport Beach 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 Newport Beach's Risk Manager.
6.01.3 Covera e Re_ uirements.
6.01.3.1 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 Newport Beach at least thirty (3 0) calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Huntington Beach shall submit to Newport Beach, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of Newport Beach, 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.
Services Agreement For Public Safety Helicopter Support
_ 6
.;
Attachment A
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 Newport
Beach 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 Newport
Beach, 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 Newport Beach, 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 Newport Beach to
inform Huntington Beach of non-compliance with any requirement imposes no additional
obligations on the Newport Beach 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.
6.01.4.5 Notice of Cancellation. Huntington Beach agrees to oblige its
insurance agent or broker and insurers to provide to Newport Beach 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 Newport Beach
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
Services Agreement For Public Safety Helicopter Support
7
Attachment A
event of any dispute or legal action arising under this Agreement, the prevailing party shall not be
entitled to attorney's fees.
7.02 Each of the Parties to this Agreement shall cooperate with one another in the
defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to
this Agreement, as well as any effort of Huntington Beach to collect money from persons or entities
responsible for any request for public safety helicopter services.
7.03 The public safety helicopter services provided by Huntington Beach under this
Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior
written approval of Newport Beach.
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 Newport Beach.
7.08 The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of the Agreement or any other rule of construction which might otherwise apply.
7.09 This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions herein.
7.10 A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different character.
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 Newport Beach.
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.
Services Agreement For Public Safety Helicopter Support
8
9-10
Attachment A
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 Newport Beach shall be addressed to Newport Beach at:
Attn: Chief Jon T. Lewis
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92658
Phone: 949-644- 3701
Fax: 949-718-1082
All notices, demands, requests or approvals from Newport Beach to Huntington Beach
shall be addressed to Huntington Beach at:
Attention: Robert Handy
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
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9-11
Attachment A
IN WITNESS WHERE OF, the parities hereto have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH
Date:
Mayor, City of Newport Beach
ATTEST:
Date:
City Clerk, City of Newport Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: oT�a O
A QU
r
y Attorney, City of Newport Beach `rMOU11q'
CITY OF HUNTINGTON BEACH
Date: JU19 $,, Aoao
a ity of Huntington Beach
ATTEST:
Date:
City Clerk, City of Huntington Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
'& � )L4"1 "�'
C -n City Attorney, ity if Huntington Beach
Services Agreement For Public Safety Helicopter Support
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