HomeMy WebLinkAboutC-8285-2 - Services Agreement for Public Safety Helicopter Supporta
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AMENDMENT NO. 1 TO SERVICES AGREEMENT FOR
` PUBLIC SAFETY HELICOPTER SUPPORT
U BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE CITY OF NEWPORT BEACH
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"Huntington Beach," and the CITY OF NEWPORT BEACH, a California municipal
corporation, hereinafter referred to as "Newport Beach."
WHEREAS, Huntington Beach and Newport Beach are parties to that certain
agreement, dated September 15, 2020, entitled "Services Agreement for Public Safety
Helicopter Support Between the City of Huntington Beach and the City of Newport
Beach" which agreement shall hereinafter be referred to as the "Original Agreement";
WHEREAS, the Original Agreement is set to expire December 31, 2023; and
WHEREAS, Huntington Beach and Newport Beach wish to amend the Original
Agreement to extend the term.
NOW, THEREFORE, it is agreed by Huntington Beach and Newport Beach as
follows;
TPR M
The term of the Agreement is extended for an additional six (6) months until
June 30, 2024.
2, REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the
Original Agreement shall remain in full force and effect.
23-13630/321754
IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on February 20 , 2024
CITY OF NEWPORT BEACH
BEACH
Date:
tK Mayo •, Cit of Newport Beach
ATTEST:
Date: 1 10,
9A0 I I�N
City Clerk, City 4f Newport Beach
Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ATTORNEY
Date: (I AV 2 0 2 3
�� �>-•---cam
�v City Attorney, City of Newport Beach
Beach s
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23-13630/321754
2
CITY OF HUNTINGTON
Date:
Mayor, City of Huntington Beach
ATTEST:
Date:_
City lerk, City of Huntington
APPROVED AS TO FORM:
OFFICE OF THE CITY
Date:
n
oe
"a
CERTIFICATE OF INSURANCE -11111 llant
CERTIFICATE HOLDER: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAMED INSURED: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
POLICY PERIOD: 6/30/2023 to 6/30/2024
INSURANCE COMPANY(IES): Starr indemnity and Liability Company through Starr Aviation Agency, Inc,
AIRCRAFT PHYSICAL DAMAGE COVERAGE
ALL RISKS, GROUND & IN-FLIGHT
REGISTRATION YEAR MAKE & MODEL
NUMBER
N681HB 2022
N682HB 2022
AIRCRAFT LIABILITY COVERAGE
WITH RESPECT TO: ALL SCHEDULED AIRCRAFT
LIABILITY COVERAGES
Bodily Injury Excluding Passengers
Property Damage
Passenger Bodily Injury
Single Limit including Passengers,
With Passenger Liability Limited To
MD 369FF
MD 369FF
POLICY NO.:
INSURED VALUE DEDUCTIBLE:
NOT IN MOTION
$3,688,453 NIL
$3,688,463
POLICY NO,
LIMITS OF LIABILITY
EACH PERSON
$ XXXX
$ XXXX
$ XXXX
$ XXXX
$ XXXX
EACH OCCURRENCE
$ XXXX
$ XXXX
$ XXXX
$ 60,000,000
$ XXXX
1000233406-07
IN -MOTION
INGESTION
MOORED
NIL
1000233406-07
OTHER COVERAGES/CONDITIONSIREMARKS:
AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND CITY OF NEWPORT BEACH
• The Certificate Holder is included as an Additional Insured on liability coverage(s), but only with respect to operations of the Named Insured.
• The Company hereby waives its right of subrogation against the Certificate Holder as respects loss or damage arising under Physical
Damage coverage as set forth under this policy,
Policy Territory: Worldwide
Policy Includes: WAR & TRIA
ANY INSURANCE EVIDENCED HEREIN THAT IS EXTENDED BEYOND COVERAGE PROVIDED TO THE NAMED INSURED SHALL NOT APPLY TO, AND
NO PERSON OR ORGANIZATION TO WHOM SUCH EXTENDED COVERAGE APPLIES SHALL BE INSURED FOR BODILY INJURY OR PROPERTY
DAMAGE WHICH ARISES FROM THE DESIGN, MANUFACTURE, MODIFICATION, REPAIR, SALE, OR SERVICING OF THE AIRCRAFT, AIRCRAFT PARTS,
OR ANY OTHER PRODUCT BY THAT PERSON OR ORGANIZATION,
THIS CERTIFICATE DOES NOT CHANGE IN ANY WAY THE ACTUAL COVERAGES PROVIDED BY THE POLICY(IES) SPECIFIED ABOVE.
CERTIFICATE NO.: 25
ISSUE DATE: 613012023
18100 Von Kerman Avenue 10t' FI. Irvine, CA 926121 Tel: (949) 756-0271 1 Fax: (949) 756-2713 1 CA License No, OC36861
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Certificate of Self Insurance
Memorandum Number: FY 23/24, No. 009
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 Newport Beach
Coverage Effective: 07/01/23
Coverage Expires: 06/30/24
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: DeAnna Soria, Risk Management
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 Newport
Beach. It is provided to DeAnna Soria of the City Huntington Beach Human Resources
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
�714i 53G-55
Authorized Representative:
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Additional Insured Endorsement
Memorandum Number: FY 23/24, No. 009
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 Newport Beach
Coverage Effective: 07/01/23 Coverage Expires: 06/30/24
Type of Coverage: General Liability
Limit of Liability/Coverage: $1,000,000 Combined Single Limit per Occurrence
Endorsement Requested By: DeAnna Soria, Risk Management
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 Newport Beach. It is provided to DeAnna Soria of the City
of Huntington Beach Human Resources 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) 536-5517
Authorized Representative:
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
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 Support
2
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
3
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
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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.
VI
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
5
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 Coverage Requirements.
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
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 Subro ag tion. 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
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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
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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IN WITNESS WHERE OF, the parities hereto have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH
Date: t1 s/' -Oz -o
Mayor, City of Newport Beach
City Clerk, City of Newport
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: t->4,429—)
Attorney, City of Newport Beach
CITY OF HUNTINGTON BEACH
y , City of Huntington Beach
ATTEST- 1"5 Date: �
City Clerk, City of Huntington Beach
APPROVED AS TO FORINT:
OFFICE OF THE CITY ATTORNEY
Date:
v '
rnouhhw V -n City Attorney, Itilty if Huntington Beach
Services Agreement For Public Safety Helicopter Support
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