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HomeMy WebLinkAboutC-2845 - Helicopter Maintenance0 CERTIFICATE OF INSURANCE TO ATTN: SGT. YOULE Name: CITY OF NEWPORT BEACH'. POLICE DEPARTMENT Address: P 0 BOX 7000 NEWPORTCH CA 92658 -7000 04is i,i tV tgPrtiflI, that insurance has been effected with AMERICAN EAGLE INSURANCE COMPANY Covering as follows: Name of Insured: CHARLES EASTMAN DBA: NEWPORT HELICOPTER SERVICE, INC. Address of Insured: 26462 VIA CUERVO, MISSION VIEJO, CA 92692 Certificate or Cover Note No.: RENEWAL OF GLA -44 -36989 Expiration Date: DECEMBER 19, 1993 Aircraft: N/A Locations Covered: JOHN WAYNE AIRPORT, SANTA ANA, CA Aircraft Liability Coverage Limits of Liability Each Person Each Occurrence Bodily Injury - Excluding Passengers $ $ Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit - eluding Passengers $ XXXX $ Medical Payments - eluding Crew $ $ Airport Liability Coverage Bodily Injury $ $ Property Damage $ $ Single Limit PREMISES /OPERATIONS $ XXXX $5,000,000.00 PRODUCTS /COMPLETED OPERATIONS & CONTRACTUAL Each Aircraft Each Occurrence Hangar Keepers Liability DEDUCTIBLE: $1,000.00 $ 1,000,000.00 $ 1,000,000.00 Aircraft Hull Deductible Amount of Insurance Ground Only $ $ Ground & Flight $ 8 AVIATION WEST INSURANCE BROKERS, INC., have made provision fori➢lum ay notice to you in the event of cancellation of the above described policies but, except as otherwise stated in this certificate, AVIATION WEST INSURANCE BROKERS, INC., assume no legal responsibility for any failure to do so. AVIATION WEST INSURANCE BROKERS, INC., are not insurers hereunder and they shall not be held liable for any loss or damage. SPECIAL CONDITIONS, if any: REC /CC 11 -24 -92 CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS & EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED. CONTRACTUAL LIABILITY PROVIDES VERAGE FOR WRITTEN CONTRACTS WITH CITY OF NEWPORT BEACH AND JO WAYNE AIRPORT. TI WE ST/-) I S INC. Countersigned by C-71f \ �&, RE E. CLAWSON - PRESIDENT CERTIFICATE OF INSURANCE TO ATTN: SGT. YOULE Name: CITY OF NEWPORT BEACH POLICE DEPARTMENT Address: P 0 BOX 7000, NEWPORT BEACH, CA 92658 -7000 014W to to Qertifg, that insurance has been effected with AMERICAN EAGLE INSURANCE COMPANY Covering as follows: Name of Insured: CHARLES EASTMAN DBA: NEWPORT HELICOPTER SERVICE, INC. Address of Insured: 26462 VIA CUERVO, MISSION VIEJO, CA 92692 Certificate or Cover Note No.: RENEWAL OF GLA -44 -36989 Expiration Date: DECEMBER 19, 1993 Aircraft: N/A Locations Covered: JOHN WAYNE AIRPORT, SANTA ANA, CA Aircraft Liability Coverage Limits of Liability Each Person Each Occurrence Bodily Injury — Excluding Passengers $ $ Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit — eluding Passengers $ XXXX $ Medical Payments — eluding Crew $ $ Airport Liability Coverage Bodily Injury $ $ Property Damage $ $ Single Limit PREMISES /OPERATIONS $ XXXX $ 5,000,000.00 PRODUCTS /COMPLETED OPERATIONS 6 CONTRACTUAL Each Aircraft Each Occurrence Hangar Keepers Liability DEDUCTIBLE: $1,000.00 $ 1,000,000.00 $ 11000,000.00 Aircraft Hull Deductible Amount of Insurance Ground Only $ $ Ground & Flight $ $ AVIATION WEST I NSURANCE BROKERS, INC., have made provision for NNXK-X ay notice to,vou in the event of cancellationof the above described policies but, except as otherwise stated in this certificate, AVIATION WEST INSURANCE BROKERS, INC., assume no legal responsibility for any failure to do so. AVIATION WEST INSURANCE BROKERS, INC., are not Insurers hereunder and they shall not be held liable for any loss or damage. SPECIAL CONDITIONS, if any: REC /CC 11 -24 -92 CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS 6 EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED. CONTRACTUAL LIABILITY PROVIDES VERAGE FOR WRITTEN CONTRACTS WITH CITY OF NEWPORT BEACH AND JON WAYNE AIRPORT. TI 'WEST 11 H K _, 1NC. Countersigned by RE E. CLAWSON - PRESIDENT CITY'eOF NEWPORT BEA CH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 T0: RINANCE DIRECTOR FROM: CITY CLERK DATE: January 11, 1993 (714) 644 -3005 SUBJECT: Contract No. C -2845 C17 Description of Contract Helicopter Maintenance Agreement Effective date of Contract December 19, 1992 Authorized by Minute Action, approved on December 14, 1992 Contract with Newport Helicopter Service, Inc. Address Charles R. Eastman 26462 Via Cuervo Mission Vieio, CA 92691 Amount of Contract (See Agreement) (�(�/ s Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach TO: FROM: SUBJ: Agenda #12 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 9, 1992 Mayor and Members of the City Council Robert H. Burnham CIL nE,c 1 41992 Helicopter Maintenance Agreement C- Z4-11S The Helicopter Maintenance Agreement between the City of Newport Beach and Newport Helicopter Service expires on December 18, 1992. The Police Department is satisfied with the service provided by Newport Helicopter and Newport Helicopter is willing to continue to provide service at current rates. We have prepared a new Helicopter Maintenance Agreement that is identical to the current contract with the following exceptions: 1. The Agreement will continue until terminated as opposed to specifying a one year term; 2. The compensation to be paid to Newport Helicopter Service is specified in Exhibit "A" to allow for changes without modification to the entire Agreement; and 3. The current rate of compensation -- $40.00 an hour for most services- -shall remain in effect for at least one year. It is recommended that the City Council approve the Helicopter Maintenance Agreement attached to this Memo as Exhibit "A" and authorize the Mayor and City Clerk to execute same. Robert H. Burnham City Attorney RH8 ;kmc Attachment THIS AGREEMENT, dated, for purposes of identification only, this 19th day of December, 1992, by and between the City of Newport Beach, a municipal corporation, ( "Newport "), and Newport Helicopter Service, Inc. ( "Contractor "), is made with reference to the following facts, the materiality and existence of which is stipulated by the parties. A. Newport, during the term of this Agreement, will use two (2) helicopters in connection with its police and law enforcement activities; and B. Newport desires to have its helicopters serviced, maintained and inspected in accordance with Federal Aviation Administration (FAA) regulations and McDonnell Douglas Helicopter Corporation (MDHC) Maintenance Instruction requirements; and C. Contractor is equipped to perform the services required of it pursuant to this Agreement and possesses an inspection authorization license, in good standing, with the Federal Aviation Administration. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. TERM The term of this Agreement shall be for one (1) year commencing December 19, 1992 and remain in full force and effect until terminated as specified in Section V. 1 II. SERVICES TO BE PROVIDED BY CONTRACTOR A. General- Contractor will provide Newport with routine and emergency inspection, maintenance, and service required to keep two (2) helicopters airworthy and ready to fly at all times. Each aircraft is estimated to log approximately sixteen hundred (1600) annual flight hours. All necessary and required service, maintenance and inspections shall be performed in accordance with MDHC recommendations and in compliance with FAA Regulations. Contractor will provide in -field repairs as necessary. B. Faci (1) services at 19401 California. All utilities, upkeep, borne by Newport. lities /Eauinment: Newport will provide facilities for Contractor Airport Way South, Hangar #6, Santa Ana, costs pertaining to the facility, such as maintenance and janitorial services shall be (2) Newport shall provide, for Contractor's use, the following equipment: Chadwick, N1 Cad battery charger, combination sheet metal unit, compressor washer, engine stand, large air compressor, bead blaster, parts washer, ladder stands, jacks for helicopter, grinder, belt sander, bearing press and vice. This equipment will remain the property of Newport. Wec /helcptr.agt 2 C. Parts: (1) Contractor shall be responsible for ordering and stocking an inventory of authorized parts purchased by the City, from City Authorized Vendors, adequate to support day to day maintenance. (2) Contractor will act as Newport's agent for discussions or negotiations with the manufacturer of parts purchased By Newport with respect to warranties and related matters. D. Manpower: (1) Contractor will make a mechanic available, on- site, eight (8) hours a day from approximately 8:00 a.m. to 5:00 p.m., five (5) days per week. All personnel shall be properly trained, acceptable to Newport, and possess all required licenses. (2) Contractor will make one (1) additional mechanic available on an as needed basis for up to eight (8) hours a day from approximately 8:00 a.m. to 5:00 p.m. five (5) days per week. (3) Notwithstanding (a) and (b) above, Contractor shall have mechanics available, on a call out basis, for scheduled and unscheduled maintenance, service and repair twenty -four (24) hours day, seven (7) days a week, including holidays, with a response time of no longer than one (1) hour. k= /helcptr.agt 3 • • E. Contractor Tools: Except as provided in subsection B(2), Contractor shall be equipped with all tools necessary to perform all inspection, servicing, maintenance and repair procedures in accordance with the MDHC directives and recommendations and FAA regulations. F. Extent of Service: Contractor shall service and maintain all components of the helicopter except communications equipment. III. COMPENSATION Newport will compensate Contractor as specified in Exhibit "A." IV. RECORDREEBING AND INVOICING Maintenance records shall be of sufficient detail to permit evaluation of services and any charges with respect to sales, costs and expenses that are related to the performance of services under this Agreement. The records shall be available for inspection and audit by Newport during regular business hours. Contractor agrees to retain all such records for a period of not less than three (3) years. k= /helcptr.egt 4 • V. This Agreement may be terminated as follows: A. Newport and Contractor shall each have the right to terminate this Agreement, without cause, by giving the other thirty (30) days' written notice of its intent to do so. B. In the event Contractor is no longer licensed by the FAA to perform the work required by this Agreement, Newport may immediately terminate this Agreement by serving written notice on Contractor. C. In the event of a material breach, the nonbreaching party, in addition to the remedies provided by law, shall have the right to terminate this Agreement if, after ten (10) days' written notice of the breach and a demand to cure the default, the party in default fails to cure the default. V1. COUTRACTOR Contractor is an independent contractor and shall not, in anyway, be considered an officer, agent or employee of Newport. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by Newport to its employees, including, but not limited to, unemployment insurance, workers' compensation, vacation and sick leave are available to Contractor, its employees or agents. kao /helcptr.apt 5 VII. AND INSURANCE A. Indemnity: Contractor agrees to indemnify, defend and hold harmless Newport, its City Council, boards, commissions, officers and employees, for damage to property and injury to or death of any person, and from all claims, demands, purported liability, or consequential damages of any kind or nature arising out of or in any way related to the services provided by Contractor with respect to this Agreement. B. Insurance: (1) Contractor shall carry and maintain during the course of this Agreement the following insurance coverage with limits as specified for each type of insurance: (2) Insurance: Worker's Compensation Insurance as required by State of California statutes; (3) Comprehensive General Liability including Contractual Liability, and Products/ Completed Operations Liability in the amount of not less than Five Million Dollars ($5,000,000.00) per occurrence, combined single limit, no annual aggregate, and hangar keepers' legal liability One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) per aircraft; laic /helcptr.agt 6 • C. Proof of Insurance: (1) Contractor: Prior to commencing any work under this Agreement, Contractor shall deliver to Newport a Certificate of Insurance confirming the coverage required by this Agreement and providing a thirty (30) days' notice, to Newport, of cancellation or termination. The City of Newport Beach, its officers, agents, and employees, shall be named as additional insureds on the above- referred comprehensive general liability coverage. The endorsement(s) shall be signed by an authorized representative of the insurance company and shall be delivered to Newport within thirty (30) days of the execution date of this Agreement. VIII. The terms of this Agreement can only be amended by written Agreement between the parties provided, however, changes to Exhibit "A" may be made upon approval of the City Council of the City of Newport Beach. IZ. GOVERNING LAA This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. kW /helcptr.ayt 7 B. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement and understanding between the parties hereto, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. ZI. CONTRACTOR QUALIFICATIONS Contractor will obtain and maintain during the term of this Agreement and any extension, all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this Agreement. Contractor agrees to immediately advise Newport of the expiration, suspension or termination of any license required to perform the services required of this Agreement. BII. ASSIGNMENT Neither Contractor nor Newport may assign or transfer this Agreement, or any part hereof, without the written consent of the other party; provided, however, Contractor may incorporate as Newport Helicopter service, Inc. and in such event, all of the rights and duties of this Agreement shall be received and performed by the corporation. kmc /helcptr.ayt 8 %III. REPRESENTATIVE OF NEWPORT The Police Chief, or his designated representative, shall represent Newport in all matters pertaining to the service to be rendered under this Agreement and shall be responsible for the oversight and administration of this Agreement. XXV. LIENS Contractor recognizes that Newport's helicopters are used in police investigation, surveillance, patrol, and pursuit activities and are thereby vital to the health and safety of Newport and its citizens. Contractor therefore specifically waives, releases, relinquishes, and agrees not to claim or assert any lien rights or claims Contractor may enjoy under any law, state or federal, in Newport's helicopters, parts or any Newport property. Contractor further agrees at any time immediately upon demand of Newport to deliver to Newport any and all of Newport's property including the helicopters, parts and any equipment in possession of Contractor and /or Contractor's subcontractors. Newport does not consent to the creation of any lien rights in Newport's property which may arise in favor of Contractor or any other person or entity. kmc /helcptr.ayt 9 • 0 sV. FEES If legal action is necessary to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to all costs and expenses, including attorneys' fees, as a court may adjudge to be reasonable. %VI. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered, personally or on the third business day after deposit in the U.s. Mail, postage prepaid, addressed as follows: NEWPORT: City of Newport Beach Attention: Chief of Police 870 Santa Barbara Drive Newport Beach, CA 92663 CONTRACTOR: Newport Helicopter Service, Inc. Charles R. Eastman 26462 Via Cuervo Mission Viejo, CA 92691 XVII. EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the kx /he lcpt r. egt 10 0 • signator(s) hereto. In the event Contractor fails to set forth a date of execution opposite the name(s) of Contractor's signator(s) as the date said Agreement, as executed by Contractor, is received by Newport. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. Dated: Dated: /2 /23 / y'Z ATT T: CITY CLERK APPROVED AS TO FORM: CITY A ORNEY: BY H. BURNHAM 12 -09-92 "Newport" CITY OF NEWPORT BEACH, a municipal corporation "CONTRACTOR" NEWPORT HELICOPTER SERVICE, INC. BY: 4 A 0 � 7 Charles R. Eastman TITLE: PrPS.oIa,- k= /helcptr.agt 1 1 EXHIBIT "A" Newport will compensate Contractor as follows: A. Forty -five Dollars ($45.00) per hour for the on -site mechanic available forty (40) hours per week. B. Forty -five Dollars ($45.00) per hour for the additional mechanic available, as needed, for on -site maintenance. C. Sixty Dollars ($60.00) per hour for each mechanic called out after 7:00 p.m., on weekdays and on weekends and holidays. D. The minimum time charge for each call out shall be one (1) hour. E. Contractor will bill Newport monthly. Payment will be due within thirty (30) days after receipt of an invoice detailing all charges. F. These rates shall remain in full force and effect until December 18, 1993. kx /he l cpt r. agt 12 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: December 19, 1991 (714) 6443005 SUBJECT: Contract No. C- 2845(Amended) Description of Contract Helicopter MaintenaDrp Ae ?pment Effective date of Contract December 19, 1991 Authorized by Minute Action, approved on December 9. 1991 Contract with Charles R. Eastman Address 26462 Via Cuervo Mission Viejo, CA 92691 Amount of Contract (See Aereement) e� 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach TO: FROM: SUBJ: r -316) CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 2, 1991 Mayor and Members of the City Council Robert H. Burnham BY THE CITY COUNCIL CITY OF NEWPORT BEACH nFr , 1991 APPROVED Helicopter Maintenance Agreement Amendment C - 2-&F75 In December, 1990, the City Council approved a contract with Charles Eastman to maintain and service the two police helicopters. This Agreement expires on December 18, 1991. The Police Department has been pleased with the service and would like to extend the term of the Agreement for one more year. Eastman, who has incorporated as Newport Helicopter, Inc., would like to continue to provide services to the Police Department at a slightly increased rate. The proposed amendment would extend the term of the Agreement to December 18, 1992, increase normal service fees from $40.00 per hour to $45.00 per hour, and modify the existing assignment provision to reflect Eastman's incorporation. RECOMMENDATIONS: It is recommended the City Council authorize the Mayor and City Clerk to execute the First Amendment to the Helicopter Maintenance Agreement dated December 18, 1990. RHB:kmc FIRST AMENDMENT TO HELICOPTER MAINTENANCE AGREEMENT THIS FIRST AMENDMENT to the Helicopter Maintenance Agreement dated December 18, 1990, (the "Agreement ") , is made with reference to the following: A. The Agreement, by its terms, expires December 18, 1991. The Agreement expressly authorizes Charles R. Eastman, the original Contractor, to incorporate as Newport Helicopter Service, Inc. without the written consent of the City of Newport Beach and, in such event, the rights and duties of the Agreement are to be received and performed by the Corporation. B. Eastman has incorporated as Newport Helicopter Service, Inc. during the term of the original Agreement and the term Contractor shall now refer expressly to the Corporation. C. Newport and Contractor want to extend the term of the Agreement for a period of one (1) year and increase the compensation due Contractor for maintenance services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The term Contractor, wherever it appears in the original Agreement or this Amendment shall mean Newport Helicopter Service, Inc. 2. The provisions of Section I. of the Agreement are modified to read as follows: 1 I. TERM This Agreement shall expire on December 18, 1992 unless terminated prior to that date. 3. Section III. of the Agreement shall be modified to read as follows: III. COMPENSATION Newport shall compensate Contractor as follows: A. Forty -five Dollars ($45.00) per hour for the on -site mechanic available forty (40) hours per week. B. Forty -five Dollars ($45.00) per hour for the additional mechanic available, as needed, for on -site maintenance. C. Sixty Dollars ($60.00) per hour for each mechanic called out after 7:00 p.m., on weekdays, and anytime on weekends or holidays. D. The minimum time charge for each call out shall be one (1) hour. E. Contractor shall bill Newport monthly. Payment shall be due within thirty (30) days after receipt of an invoice detailing all charges. 4. Section XII. of the Agreement shall be modified to read as follows: XII. ASSIGNMENT Neither Contractor nor Newport may assign or transfer this kr /hlcptr1.amd 2 Agreement, or any part thereof, without the written consent of the other party. 5. The remaining terms and conditions of the Agreement shall remain in full force and effect until the termination or expiration. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. Dated: Dated: i Z lJ-2 i9 / T: CITY OF NEWPORT BEACH "Newport" CITY OF NEWPORT BEACH, a municipal corporation BY MAYOR "CONTRACTOR" BY : ��Ag Charles R. Eastman TITLE: OWNER APPROVED AS TO FORM: \' CITY AT ORNEY: BY: BERT H. BURNHAM 11 -19 -91 kr /h1cptr1.amd 3 TO: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR R �.�. FROM: CITY CLERK DATE: January 2, 1991 SUBJECT: Contract No. C -2845 Description of Contract Helicopter Maintenance Agreement Effective date of Contract December 18, 1990 Authorized by Minute Action, approved on December 10, 1990 Contract with Charles R. Eastman Address 26462 Via Cuervo Mission Viejo, CA 92691 Amount of Contract (See Agreement) �-q , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach . ! ..._. F -3e f`. THE CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH nor, i 019T OFFICE OF THE CITY ATTORNEY MEMORANDUM December 3, 1990 TO: Mayor and Members of the City Council FROM: Robert H. Burnham tt SUBJ: Helicopter Maintenance Agreement C "24P75 The current Helicopter Maintenance Agreement between the City and San Diego Helicopter Service expires on December 18, 1990. Charles Eastman, the mechanic servicing the police helicopters, is starting his own business and has offered to continue as the mechanic for the next twelve months. The proposed contract between the City and Mr. Eastman is essentially identical to the existing Agreement with San Diego Helicopter Service. Mr. Eastman's hourly rates are slightly lower than those called for in the current contract and he will provide the same general liability and hanger keeper's insurance coverage. Recommendation: It is recommended that the City Council authorize the Mayor and City Clerk to execute the proposed Helicopter Maintenance Agreement between the City of Newport f.Aach and Charles R. Eastman. Robert H. Bur City Attorney RHB:kmc kmc /heli.mem (0) HELICOPTER MAINTENANCE AGREEMENT THIS .,c AGREEMENT, dated, for purposes of identification only, this 1� day of A%y and between the City of Newport Beach, a municipal corporation, ( "Newport ") , and Charles R. Eastman ( "Contractor "), is made with reference to the following facts, the materiality and existence of which is stipulated by the parties. A. Newport, during the term of this Agreement, will use two (2) helicopters in connection with its police and law enforcement activities; and B. Newport desires to have its helicopters serviced, maintained and inspected in accordance with Federal Aviation Administration (FAA) regulations and McDonnell Douglas Helicopter Corporation (MDHC) Maintenance Instruction requirements; and C. Contractor is equipped to perform the services required of it pursuant to this Agreement and possesses an inspection authorization license, in good standing, with the Federal Aviation Administration. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. TERM The term of this Agreement shall be for one (1) year commencing December 19, 1990 and terminating December 18, 1991. i1 0 II. SERVICES TO BE PROVIDED BY CONTRACTOR A. General: Contractor will provide Newport with routine and emergency inspection, maintenance, and service required to keep two (2) helicopters airworthy and ready to fly at all times. Each aircraft is estimated to log approximately sixteen hundred (1600) annual flight hours. All necessary and required service, maintenance and inspections shall be performed in accordance with MDHC recommendations and in compliance with FAA Regulations. Contractor will provide in -field repairs as necessary. B. Faci (1) services at 19401 California. All utilities, upkeep, borne by Newport. lities /Equipment: Newport will provide facilities for Contractor Airport Way South, Hangar #6, Santa Ana, costs pertaining to the facility, such as maintenance and janitorial services shall be (2) Newport shall provide, for Contractor's use, the following equipment: Chadwick, N1 Cad battery charger, combination sheet metal unit, compressor washer, engine stand, large air compressor, bead blaster, parts washer, ladder stands, jacks for helicopter, grinder, belt sander, bearing press and vice. This equipment will remain the property of Newport. kw /helcptr.agt 2 C. Parts- (1) Contractor shall be responsible for ordering and stocking an inventory of authorized parts purchased by the City, from City Authorized Vendors, adequate to support day to day maintenance. (2) Contractor will act as Newport's agent for discussions or negotiations with the manufacturer of parts purchased By Newport with respect to warranties and related matters. D. Manpower: (1) Contractor will make a mechanic available, on- site, eight (8) hours a day from approximately 8:00 a.m. to 5:00 p.m., five (5) days per week. All personnel shall be properly trained, acceptable to Newport, and possess all required licenses. (2) Contractor will make one (1) additional mechanic available on an as needed basis for up to eight (8) hours a day from approximately 8:00 a.m. to 5:00 p.m. five (5) days per week. (3) Notwithstanding (a) and (b) above, Contractor shall have mechanics available, on a call out basis, for scheduled and unscheduled maintenance, service and repair twenty -four (24) hours day, seven (7) days a week, including holidays, with a response time of no longer than one (1) hour. kmc /hetcptr.agt 3 0 9 E. Contractor Tools: Except as provided in subsection B(2), Contractor shall be equipped with all tools necessary to perform all inspection, servicing, maintenance and repair procedures in accordance with the MDHC directives and recommendations and FAA regulations. F. Extent of Service: Contractor shall service and maintain all components of the helicopter except communications equipment. III. COMPENSATION Newport will compensate Contractor as follows: A. Forty Dollars ($40.00) per hour for the on -site mechanic available forty (40) hours per week. B. Forty Dollars ($40.00) per hour for the additional mechanic available, as needed, for on -site maintenance. C. Sixty Dollars ($60.00) per hour for each mechanic called out after 7:00 p.m., on weekdays and on weekends and holidays. D. The minimum time charge for each call out shall be one (1) hour. E. Contractor will bill Newport monthly. Payment will be due within thirty (30) days after receipt of an invoice detailing all charges. k= /helcptr.agt 4 0 0 IV. AND INVOICING Maintenance records shall be of sufficient detail to permit evaluation of services and any charges with respect to sales, costs and expenses that are related to the performance of services under this Agreement. The records shall be available for inspection and audit by Newport during regular business hours. Contractor agrees to retain all such records for a period of not less than three (3) years. V. TERMINATION Newport and Contractor shall each have the right to terminate this Agreement, without cause, by giving the other thirty (30) days' written notice of its intent to do so. In the event of a material breach, the nonbreaching party, in addition to the remedies provided by law, shall have the right to terminate this Agreement, and a demand to cure the default if, after ten (10) days' written notice of the breach, the party in default fails to remedy the breach. W � CONTRACTOR Contractor is an independent contractor and shall not, in any way, be considered an officer, agent or employee of Newport. No civil service status or other right of employment will be kmc /helcptr.agt 5 0 0 acquired by virtue of Contractor's services. None of the benefits provided by Newport to its employees, including, but not limited to, unemployment insurance, workers' compensation, vacation and sick leave are available to Contractor, its employees or agents. VII. INDEMNIFICATION AND INSURANCE A. Indemnity• Contractor agrees to indemnify, defend and hold harmless Newport, its City Council, boards, commissions, officers and employees, for damage to property and injury to or death of any person, and from all claims, demands, purported liability, or consequential damages of any kind or nature arising out of or in any way related to the services provided by Contractor with respect to this Agreement. B. Insurance• (1) Contractor shall carry and maintain during the course of this Agreement the following insurance coverage with limits as specified for each type of insurance: (2) Insurance: Worker's Compensation Insurance as required by State of California statutes; (b) Comprehensive General Liability including Contractual Liability, and Products/ Completed Operations Liability in the amount of not less than Five Million Dollars ($5,000,000.00) per occurrence, combined single limit, no annual aggregate, and kmc /helcptr.agt 6 9 0 hangar keepers' legal liability One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) per aircraft; C. Proof of Insurance: (1) Contractor: Prior to commencing any work under this Agreement, Contractor shall deliver to Newport a Certificate of Insurance confirming the coverage required by this Agreement and providing a thirty (30) days' notice, to Newport, of cancellation or termination. The City of Newport Beach, its officers, agents, and employees, shall be named as additional insureds on the above - referred comprehensive general liability coverage. The endorsement(s) shall be signed by an authorized representative of the insurance company and shall be delivered to Newport within thirty (30) days of the execution date of this Agreement. VIII. The terms of this Agreement can only be amended by written Agreement between the parties hereto. IX. GOVERNING LAW This Agreement shall be governed by the laws of the state of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only kmc /helcptr.agt 0 shall be deemed invalid. X. ENTIRE AGREEMENT 0 This Agreement constitutes the entire Agreement and understanding between the parties hereto, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. XI. CONTRACTOR QUALIFICATIONS Contractor will obtain and maintain during the term of this Agreement and any extension, all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this Agreement. Contractor agrees to immediately advise Newport of the expiration, suspension or termination of any license required to perform the services required of this Agreement. XII. ASSIGNMENT Neither Contractor nor Newport may assign or transfer this Agreement, or any part hereof, without the written consent of the other party; provided, however, Contractor may incorporate as Newport Helicopter Service, Inc. and in such event, all of the rights and duties of this Agreement shall be received and performed kw /helcptr.a9t 8 by the corporation. %III. OF NEWPORT The Police Chief, or his designated representative, shall represent Newport in all matters pertaining to the service to be rendered under this Agreement and shall be responsible for the oversight and administration of this Agreement. XIV. LIENS Contractor recognizes that Newport's helicopters are used in police investigation, surveillance, patrol, and pursuit activities and are thereby vital to the health and safety of Newport and its citizens. Contractor therefore specifically waives, releases, relinquishes, and agrees not to claim or assert any lien rights or claims Contractor may enjoy under any law, state or federal, in Newport's helicopters, parts or any Newport property. Contractor further agrees at any time immediately upon demand of Newport to deliver to Newport any and all of Newport's property including the helicopters, parts and any equipment in possession of Contractor and /or Contractor's subcontractors. Newport does not consent to the creation of any lien rights in Newport's property which may arise in favor of Contractor or any other person or entity. k= /helcptr.agt 9 XV. FEES If legal action is necessary to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to all costs and expenses, including attorneys' fees, as a court may adjudge to be reasonable. XVI. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered, personally or on the third business day after deposit in the U.s. Mail, postage prepaid, addressed as follows: NEWPORT: City of Newport Beach Attention: Chief of Police 870 Santa Barbara Drive Newport Beach, CA 92663 CONTRACTOR: Charles R. Eastman 26462 Via Cuervo Mission Viejo, CA 92691 XVII. EFFECTIVE DATE 23. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names k= /helcptr.agt 10 of the signator(s) hereto. In the event Contractor fails to set forth a date of execution opposite the name(s) of Contractor's signator(s) as the date said Agreement, as executed by Contractor, is received by Newport. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. Dated: /,-2—/% 9C) Dated: /z - /F! -A*- % AT'. J CI'. CI'. AP] CI'. BY 11 -30 -90 kmc /helcptr.agt "Newport" CITY OF NEWPORT BEACH, a municipal corporation BY: ati MAYOR G "CONTRACTOR" BY: "Xna Charles R. Eastman TITLE. (7W,0e w 11 gestalt NAME AND ADDRESS OF ❑ MORTGAGEE ❑ u 1) COUNTY OF ORANGE ATTN: MI JOHN WAYNE AIRPORT, OPERAT 3140 REDHILL AVENUE, SUITE COSTA MESA, CA 92626 (30) DAYS NOTICE PROVIDED fEE'• ` ^' "' ADD'i INSUREb CITY N , AGENTS & EMPLOYEES If POLICE DEPT.,, P ,O. BOX 7000 ` 1. NEWPORT BEACH, CA 92658 -7000 ATTN: SGT. YOULE (30) DAYS N014E PROVIDED GAG Oats 0 REED E. CLAWSON THRU AVIATION OFFICE OF AMERICA AVIATION WEST INSURANCE BROKERS,'INC. Effective : — ,19 P 0 BOX 400 Expires ® 12:01 am Cl Noon 1 -t9 •1991 RIALTO CA 92377 ❑This binder is Issued to extend coverage in the above named 714/875 -7480 NAME AND MAILING ADDRESS OF INSURED company per expiring policy M IAett tae note be or ascription of Operatlonlvehiclee /Property CHARLES EASTMAN I DAB: NEWPORT HELICOPTER SERVICE AIRPORT LIABILITY 26462 VIA CUERVO MISSION VIEJO, CA 92691 Type .,nd Location of Property Coverage /Perllli j%In;1Rce DEC 61390 P CITY e8K R O r „' RiR BEACIf P E T Y dAggrepte Type of Insurance C ieraQForms - Umits of Uability Each Occurrence L I ❑ Scheduled Form ❑ . Comprehensive Fotifu Bodily Injury $ A ® PremiseslOperations j�PORT Product sicompieted Operations Property Damage eoduy Injury & ® contractual WRITTEN CONTRACTS WITH ITY T ® Other (specify below) BEACH & JOHN WAYNE AIRP RT. Property Damage $5,0000000. $5,000,000 Y ❑ Med. Pay. $ per $ per Combined pe.n AccldWl El Personal Injury SO A Personal injury $ Limns of Liability Bodily Injury (Each Person) $ A AEl Liability 11 Non-owned El Hired T ❑ Comprehensive - Deductible $ Bodily Injury (Each Accident) $ O M ❑ Conision-Deductible S '� Medical Payments $O . ` _ Property Damage .. $ . B wI C1 Uninsured Motorist $ L E ❑ No Fault (specify): -- Bodily Injury & Property Damage �: -- ❑ Other (specify): = '..�.> Combined $ ` ❑ WORKERS' COMPENSATION = Stafutory Umita (specify states below ,. ❑EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS /OTHER COVERAGES'- HANGARKEEPERS LEGAL LIABILITY:,�,�$1'9000,000.00 ANY ON 4AIRCRAFT ' $19000,000.00 ANY ONE'OCCURRENCE $: .1,000.00 DEDUCTIBLE EACH & EVERY LOSS. gestalt NAME AND ADDRESS OF ❑ MORTGAGEE ❑ u 1) COUNTY OF ORANGE ATTN: MI JOHN WAYNE AIRPORT, OPERAT 3140 REDHILL AVENUE, SUITE COSTA MESA, CA 92626 (30) DAYS NOTICE PROVIDED fEE'• ` ^' "' ADD'i INSUREb CITY N , AGENTS & EMPLOYEES If POLICE DEPT.,, P ,O. BOX 7000 ` 1. NEWPORT BEACH, CA 92658 -7000 ATTN: SGT. YOULE (30) DAYS N014E PROVIDED GAG Oats CERTIFICATE OF INSURANCE TO ATTN: SGT. YOULE CITY OF NEWPORT BEACH;- POLICE DEPT. Addra P. 0. BOX 7000 NEWPORT BEACH CA 92658 -7000 (14is is to (lertifg, that insurance has been effected with Locations Covered: JOHN WAYNE AIRPORT, SANTA ANA, CA Aircraft Liability Coverage Limits of Liability Bodily Injury — Excluding Passengers Property Damage Passenger Bodily Injury Single Limit — eluding Passengers Medical Payments — eluding Crew Airport Liability Coverage Bodily Injury Property Damage Single Limit PREMISES /OPERATIONS PRODUCTS /COMPLETED OPERATIONS & CONTRACTUAL Hangar Keepers Liability DEDUCTIBLE: $1,000.00 Aircraft Hull Deductible Ground Only $ Ground & Flight $ Each Person Each Occurrence $ XXXX $ $ $ $ XXXX $ $ $ $ $ $ XXXX Each Aircraft $ 1,000,000.00 Amount of Insurance $ $ $ $ $5,000,000.00 Each Occurrence $1,000,000.00 AVIATION WEST INSURANCE BROKERS, INC., have made provision for p'Ile�it sy notice to you in the event of cancellation of the above described policies but, except as otherwise stated in this certificate, AVIATION WEST INSURANCE BROKERS, INC., assume no legal responsibility for any failure to do so. AVIATION WEST INSURANCE BROKERS, INC., are not insurers hereunder and they shall not be held liable for any loss or damage. SPECIAL CONDITIONS, if any: REC /CC 12 -27 -90 CONTRACTUAL LIABILITY PROVIDES COVERAGE FOR WRITTEN CONTRACTS WITH CITY OF NEWPORT BEACH & JOHN WAYNE AIRPORT. Countersigned 1 - �' i i AMERICAN EAGLE INSURANCE C Y CITY OF NEWPORT BEACH, ITIffUFFICERS, AGENTS & EMPLOYEES INCLUDED AS ADDITIONAL IN r ED. Covering as follows: Name of Insured: CHARLES EASTMAN DBA: NEWPORT HELICOPTER SERVICL RMCAVED Address of Insured: 26462 VIA CUERVO, MISSION VIEJO, CA 92692 JAN 2 IN Certificate or Cover Note No.: GLA -44- 33905 CITY CLiiRH c,r,Y OF 9EaCH Expiration Date: DECEMBER 19, 1991 Aircraft: N/A J� Locations Covered: JOHN WAYNE AIRPORT, SANTA ANA, CA Aircraft Liability Coverage Limits of Liability Bodily Injury — Excluding Passengers Property Damage Passenger Bodily Injury Single Limit — eluding Passengers Medical Payments — eluding Crew Airport Liability Coverage Bodily Injury Property Damage Single Limit PREMISES /OPERATIONS PRODUCTS /COMPLETED OPERATIONS & CONTRACTUAL Hangar Keepers Liability DEDUCTIBLE: $1,000.00 Aircraft Hull Deductible Ground Only $ Ground & Flight $ Each Person Each Occurrence $ XXXX $ $ $ $ XXXX $ $ $ $ $ $ XXXX Each Aircraft $ 1,000,000.00 Amount of Insurance $ $ $ $ $5,000,000.00 Each Occurrence $1,000,000.00 AVIATION WEST INSURANCE BROKERS, INC., have made provision for p'Ile�it sy notice to you in the event of cancellation of the above described policies but, except as otherwise stated in this certificate, AVIATION WEST INSURANCE BROKERS, INC., assume no legal responsibility for any failure to do so. AVIATION WEST INSURANCE BROKERS, INC., are not insurers hereunder and they shall not be held liable for any loss or damage. SPECIAL CONDITIONS, if any: REC /CC 12 -27 -90 CONTRACTUAL LIABILITY PROVIDES COVERAGE FOR WRITTEN CONTRACTS WITH CITY OF NEWPORT BEACH & JOHN WAYNE AIRPORT. Countersigned 1 - �' i i • Nei S i