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 -
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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 -
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•
Nei S
i