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HomeMy WebLinkAboutPEL-AIRE PARTNERS - 1984-04-02 fig R�-D;t t/� • /- �V REQUPOT FOR CITY COUNG$L ACTION Date March 13, 1984 Submitted to: Honorable Mayor and City Courc' ! Submitted by: Charles W. Thompson, City Administrator, N - Prepared by: Earle W. Robitaille, Chief of Police 4 � 0 „� w PROVED B�' ,ITY 6-0-UNCIL Subject: Fuel Truck Lease for. Heliport 3-a 9- q Cop- 4 :, 14 . Statement of Issue, Recommendation,Analysis, Funding SnurtF;Alte ivelk�. , �d"t . ISSUE; Whether to continue to lease a fuel truck to provide a fuel supply at the city's heliport facility in Huntington Beach. RECOMMENDATION: Approve attached fuel truck lease and authorize its execution. ANALYSIS: The city has been leasing a fuel truck from U.C.O. Air, Inc, to provide fuel for the city's police helicopters at the heliport on Gothard Street. The availability of fuel within the city maximizes patrol time by elimi- nating the need to return to John Wayne Airport each 2 1/2 to 3 hours to refuel. The new lease is with Pel-Aire Paitners, the city 's landlord at the hangar facility at John Wayne Airport. FUNDING SOURCE: Polica Department budget. ALTERNATIVE ACTION: Continue to refuel each 2 1/2 to 3 hours at Jnhn Wayne Airport or place a permanent fuel tank in the ground at a location "hat might not match the final heliport plan. ATTACHMENT: Lease agreement, I P10 4/81 12 CITY OF HUM"b"INGTO,"M ';r3ES'tqC,'19 ie `2 INTER DEPARTMEN'- CUMMUNICATIU;. III IN 11M.rl IN 61 M 11 To Earle W. Rou;taille From RicorAinarilChief of Police fur arr g.r Suhj,,ct Fuel Information Date March 28, 1984 Regarding your request, on comparing prices of fuel per gallon, the cost of renting a gasoline truck and all other stipulations as outlined in the agreement to lease a fuel truck. The city is currently renting a truck from UC0 Air @ $450.00 a month plus $1?0.00 for transportaion labor and paying $1.72 per yallon for fuel . Re!-Air pending fuel truck agreement slates that Lheir truck will cost $450.J0 a month plus $?0.00 per hour for transportation Their cost on ",rel as stated in Sublease Agrecl..ent of 19300 Ike Jones Road is S1.:2 per gallon. Tallmantz Aviation would not quote on renting a truck, but the cost of fuel was $1.82 per gallon. t Margin Aviation has not called back. With this information the recommendation would be to adopt the ag1 _•:+ :nt with Pel-Air under the current situation. Note: If the city h;r its own fuel tank, th,: price of fuel would be approx i+.ately $1.10 per gallon, which would result in a savings of $31,000.00 based or: crrrrenf usage of 50,000 gallonsof fuel pet year on tuel alone. nA:1 e r cc: gob Franz Dan Villella v } a AGREEMENT TO LEASE A FUEL TRUCK BETWEEN THE CITY OF HUNTINGTON BEACH AND PEL-AIRS, A CALIFORNIA PARTNERSHIP THIS AGREEMENT made and entered into on this _J(n day of , 19d4, by and between the CITY OF HUNTING`i'ON BEACH, a municipal corporation of the State of California; herein- after referred to as "CITY, " and PEL-AIRE, a California partner- j ship, hereinafter referred to as "OWNER. " RECITALS WHEREAS, CITY desires to have on its heliport site in Huntington Beach a fuel truck in order to fuel its helicopters; and WHEREAS, OWNER has a fuel truck which is capable of holding twelve hundred (1200) gallons of 100--octane, low-lead aviation fuel, and hereinafter referred to as "r;ZUIPMENT. " NOW, THEREFORE, it is agreed between CITY and OWNER as follows: 1. TERM The term of the EQUIPMENT lease agreement shall be for a period of six (6) months from the date of th4_s agreement. This lease is gubject to a thirty (30) day cancel.L ition notice by CITY effective thirty days after receipt of notice by OWNER. If this notice is mailed then it shall be effective and terminate this agreement thirty-five (35) days after being placed in the 1. United States postal service. Notwithstanding the foregoing, OWNER agrees to make such EQUIPMENT available for a minimum of six (6) months. Thereafter OWNER may cancel in accordance with this paragraph. 2. RENT The rent for EQUIPMENT shall be the sum of four hundred fifty dollars ($450) per month. At CITY'S request, OWNER will transport EQUIPMENT from CITY'S facility in Huntington Beach to its facilities at John Wayne Airport and refill with aviation gasoline. OWNER shall be paid the sum of twenty dollars ($20) per hour for transporting the EQUIPMENT between the facilities, ,r with a maximum of 2 1/2 hours per round trip. 3. PAYMENT CITY will timely pay EQUIPMENT rental and trans- portation charges monthly in arrears after receipt of OWNER'S invoice. 4. RESPONSIBILITY FOR EQUIPMENT 1 The parties agree CITY shall. only have responsi- bility for EQUIPMENT while it is parked on the site of CITY and OWNER shall be responsible at all other times. 5. INDEMNIFICATION; CEFENSE, HOLD HARMLESS OWNER hereby agrees to defend, indemnify and to save and hold harmless CITY, its officers, agents and employees from and against any and all claims, liability, damages, costs, losses { and expenses, however caused, resulting directly or indirectly from or connected with OWNER'S performance of this agreement x 2. (including, but not limited to an such liability, cost, damage, Y Y g loss, claim, or expense arising from the death or injury to an agent or employee of OWNER, the OWNER'S subcontractor, or of CITY or damage to the property of OWNER, subcontractor, or of CITY or of any agent or employee of OWNER, subcontractor, or of CITY) ex- cept where any such claim, liability, damage, cost, loss, or ex- pense is caused solely by the negligent or wrorgful act of CITY'S agent or employee while acting in the course and scope of their employment. 6. INSURANCE (a) CITE' is a partially self-insured publ_c entity. CITY will use its best efforts to name OWNER as an additional named insured in its policies of generalliability insaran-3e covering EQUIPMENT and liability while it is on CITY'S site. I (b) In addition to OWNER'S agreement to indemnify CITY, OWNER shall furnish to CITY and maintain in force until the completion of lease a policy of general liability insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees while acting within the scope of their duties, against any and all claims arising out of or in conn-ction wi`.h lease. The policy shall. provide coverage in not less than the following amounts: combined single limit bodily injury and/or property damage of $300,000 per occurrence. Such policy insurance shall specifically provide that any other insurance coverage which may be applicable to the loss shall be 3. i deemed excess coverage and OWNER' S insurance shall be primary. A certificate of all such insurance policies on CITt'S form shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No :such in- surance shall cancelled or modified without thirty (30) days prior written notice to CITY. 7. WORKERS' COMPENSATION OWNER shall comply with al' of the provisions of the 'Workers' Compensation and Safety Acts of the • ite of California, the applicable provisions of Divisions 4 and 5 of 1e California Government Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, pay- ments, suits, actions, proceedings and judgments of every nature and description., including attorney's fees and costs presented, brought or recovered against CITY for or on account of any li- ability under any of said acts which may be incurred by reason of any work to be performed by OWNTER under this agreement. B. INDEPENDENT CONTRACTOR OWNER is, and shall be, acting at all timers in the performance of this agreement as an independent contractor. OWNER shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability in- surance compensation, unemployment compensation and other pay- roll deductions for OWNER and its officers; agents and employees 4. v and all business licenses, if any, in connection with the ser- vices to be performed hereunder. 9. NOTICES All notices concerning this agreement shall be in writing and shall be either delivered personally or mailed postage prepaid to the party concerned, as follows; TO CITY: OWNER: Earle Robitaille Pel-Aire Partners Chief of Police dba Tower Aviation City of Huntington Beach 19300 Ike Jones Road 2000 Main Street Santa Ana, CA. 92707 Huntington Beach, CA. 92648 Tel. (714) 662-2111 10 ATTORNEY'S FEES If any action at law or in equity is necessary to enforce or interpret the Germs of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. (REST OF PAGE NOT USED) 5. 11. ENTIRETY The foregoing represents the entire agreement between the parties. IN WITNESS WHEREOF, the 1:arties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. OWNER: CITY OF HUNTINGTON BEACH a Zi l c r?ration s By artner �ror Partner ATTEST: APPROVED AS TO FORM: Ci;y Clerk �Yf x l 3 _N-H City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Chief of Police RCS:ahb. 0212.L 6. K1:FUILNTO: CERTIFICATE OF INSURAN A pprovcd as to Form: CiiN of Huntington Beach TO Gail Hutton,Cit4a *n Ben.Office CITY OF HUNTINGTON BEACH, CALIFORNIA 1. Box ]90 �-)lluntin lon Beach,CA 92648 A MUNICIPAL CORPORATION Y'This is td certify that the policies of insurance as r+escribed below have been issued to the insured by the undersigned iorc at thir.IIme. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 10 days prior written notice, by mail,to City of Huntington Beach,P.O.Box 711,Huntington Beach,California 92648.ALL ITEtd"S MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INS':RANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. N:wae of Insured Pel-Aire Partners Address of Insured 19300 Ike Jones Road, Santa Ana, Ca. '2707 Location of Work or Operations to be performed Huntington Beach, California Description of Work or Operations Fuel Helicopters P L C LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) (fNS.) GENERAL LIABILITY [Xl COMPREHENSIVE FORM AP983-8847 12-1-83 12-1-84 $11,000,010 CSL National Union Fire [X] PREMISES--OPERATIONS Each Occurance Insurance Company of [ ] EXPLOSION AND Pittsburg, Pa. COLLAPSE HAZARD [ I UNDERGROUND HAZARD [XJ PRODucTS COMPLEI ED OPERATIONS HAZARD [X] CONTRACTUAL INSURANCE I ] BROAD FORM lJ I PROPERTY DAMAGE APR 1984 I [ J INDEPENDENT } CONTRACTORS INSURA ICE [ ] PERSONAL INJURY & BENCI ITS lr AUTOMOBILE LIABILITY ? ' ( I COMPREHENSIVE FORM [ J OWNED S CSL Each Occurance [ ] HIRED I ] NON-OWNED EXCESS LIABILITY ( ] UMBRELLA FORM $_ ( ] OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or alltity Council appointed groups,co ittees, commissions, boat ds and any other City Council appointed body,and/or elective and appointive officers,servants or employees'1,the City of Huntington Beach, when acting as such are additional insureds herder,for the acts of t_hh insured, s nsurance s all be primary to any insurance of the City of Huntington Beach,as their serest may appear. /AI Q Date April 17, 1984 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY Southeastern Aviation By Fred S. James & Co. - Harry Woodward Name — Addras=241-5 Campus Dr. , Ste. 100 Address 4000 MacArthur Blvd. City Irvine, Ca. 9271.3-9 8 City Newport Beach, Ca. 92660 „ Telephone 714 752-0990 HOLD HARkkESS AGREEMENT i (to be execnild insured) The insured ' agrees to protect,defend,indemnify, s "ol"arml�he City of Huntington Beach its officers, agents, and employees against any liabi]ity, loss,dappage, cost, or expense by reason of any>and all liability,suits, claims, demands,judgments and causes of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. "M Sole Proprietorship (2)Partnership (31 Corporation (4)Other(state) I HOLD HARMLESS SIGNED: By Insured:_ Title (All names shall be printed or typed be!ow esch signature.) By Insured' Title If Corpwation,TWO Officers must sign,or present evidence of authorization to bind Corporation. K1:'1'URN'TO: C II- CATE OF INSURAN Approved as to Form: (.itv of lluntinrton Beach Gail Hutton,City Attern y Ins-&Ben.Office CITY OF HUNTII%GTON'$E CALIFORNIA V. 0. Box 190 ey:��CC-b"nFl Ce 7 Iluniinrton Beach,CA 9264.8 __A'MUNICIPAL CORPORATION �� This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 10 days prior written notice,by mail,to City of Huntington Beach,P.O.Box 711,Huntington Beach,California 92648.ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. I� Name of Insured /, (i Address o;insured -�E :: 1Iorjeys- f _ �'n ( �. 7-:)- (3 Location of Work or Operations to be performed Description of Work or Operations POI C D_A T E S LIMITS OF LIA131LITY NAME OF COMPANY POLICIES IN FORCE ' POLICY NO. Effective Expiration Ir.Thousands(000) (INS.) NERAL LIABILITY [ ] COM EHENSIVE FORM $— CSL [ ] PREMISE —OPERATIONS Each Occurance [ I EXPLOSION D / COLLAPSE HAZr RD [ 1 UNDERGROUND H ARD ( ] PRODUCTS COMPLETE OPERATIONS HAZARD ( ] CONTRACTUAL INSURANCE [ I BROAD FORUM / PROPERTY DAMAGE [ ] INDEPENDENT CONTRACTORS 1 ] PERSONAL INJURY AUTOMOBILE LIABILITY [ ] COMPREHENSIVE FORM ( ] OWNED $ CSL Each Occurance [ I HIRED ( I NON-OWNED EXCESS LIABILITY [ 1 UMBRELLA FORM $ Ix N ( ] OTHER THAN UMBRELLA FORM WORKERS'COMPEPISATI ar-d EMPLOYERS!LIABt Y Additional Ensured E orsement: The insurer agrees hat the City of Huntington Beach and its City Council, and/or all City Council ap m�inted groups,committees, comm(,sions, bo• ds and any other City Council appointed body,and/or elective and appointive off';ers,serf nts or employees of the City of Huntr: tor, Beach,when action as such ire additional insureds hereunder,for the acts of the insured,an such insurance shall be prim4ry t any insurance of the City of Huntington Beach,as their interest may appear. Date AUTHORIZED REPRESENTATIVE OF INSURANCE COM NY INSU NCGE COMPANY - - By \ Na Address --„ Q dress _ City (City Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) The ilisured *2av I- Net.c-V�- .agrees to protect. defend, indemnify, save,and hold harmless the City of Huntington Beach its ILI officers, agents, and employees against arty liability, loss,damage,cost,or expense by reason of any and ail liability,suits,claims, demands,judgments and causes of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of of in consequence of the performance of all or aanny.�o.Parat[o s or ctivit for which this certificate of insurance is furnished. *M Sole Proprietorship (2)Partner hfs 'p (3) C /f�ati/g (41 Other(state) HOLD HARMLESS SIGNED: By Insured., -Title �� Y t (All names shall be printed or t„jod below each each signature.) By Insured: ' T11141 If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation. IVRN TO: CERTIFICATE OF INSURANCE A k.ilc of HuntingtonBeachpprovad as to Form: TO Gail Hutton,City Attorney ncn.Office CITY OF HUNTINGTON BEACH, CALIFORNIA Box )90 e :��t;C,�- umtin�rlon Beach,CA 92648 A MUNlCiPAL GORPOR.^,"ION � its is to certify that the policies of insurance as described belm,.have been issued to the insured by the undersigned and are in force this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 10 days prior written notice, by mail,to City of Huntington Beach,P.O.Box 711,Huntington Beach,California 92648.ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE 01: THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Pel-Aire Partners Address of Insured 19300 Ike Jones Road, Santa Ai.a, Ca. 92707 Location of Work or Operations to be performed Huntington Beach, California Description of Work or Operations Fuel Helicopters POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) (INS.) GENERAL LIABILITY [ ) COMPREHENSIVE FORM $ CSL [J PREMISES—OPERATIONS Each Occurance ( ] EXPLOSION AND COLLAPSE HAZARD ( 1 UNDERGROUND HAZARD ( 1 PRODUCTS COMPLETED OPERATIONS HAZARD ( 1 CONTRACTUAL n� INSURANCE I J BROAD FORM 1 ,� PROPERTY DAMAGE J�VF ( ] INDEPENDENT CONTRACTORS ( 1 PERSONAL INJURY AUTOMOBILE LIABILITY [XJ COMPREHEN3:vF FORM [XI OWNED 2034-00- $ 500,000 CSL Employers of Wausau 053740 4-13-84 4-13-85 Each Occurance ( 1 HIRED ( 1 NON-OWNED EXCESS LIABILITY ( ) UMBRELLA FORM $ ( ) OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and i-ts City Council, and/or all City Council appointed groups,committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of i;Jntington Beach,as their interest may appear. Date April 17, 1984 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY _ Employers of Wausau By Fred S. James « Co. - Harry Woodward Name Addra415 Campus Dr. , Ste. 100 Address 3130 Wilshire Blvd. Irvine, Ca. 92713-968 , Los Angeles, Ca. 9UUIU city //77 n City Teleph.U1 752-0990 HOLD HARMLESS AGREEMENT (to be executed by inrured) The insured * agrees to protect,defend, indemnify, save,and hold harmless the City of Huntington Beach its & officers, agents, and employees against any liability, loss,damage, cost, or expense by reason of any and all liability, suits, claims, remands,judgments and causes of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished_ . "(1)Sole Proprietorship (2)Partnership (3) Cor.00ration (4)Other(state) HOLD HARMLESS SIGNED: By Insurod: Title (All names shall be printed or typed below each signature.) By insured: Title 4 If Corporation,TWO Officars must sign,or present evidence of authorization to bind Corporation. r ..ti;� e• •e 4 �.rrra ����C11YVV 11 1 I I I I' I 1 �11 I � I• 11 1 FLIDR . NAMf AND ADL`RESS OF 1riEN r COMPANIES AFFORDING COVERAGES FRED S.JAMES&CO.OF CALIF. 2415 CAMPUS DR., SUITE 100 EET,LN AEmployers of Wausa. P.O. BOX !9592 -- i IRVINE, CA 92713-9688 'EL:(714)752-0290+and( 15 -1 F5.._� _ _ T'ER -- NAME AND t'1DRF',S OF INSURED l:'MPANY ' Pel-Aire Partners h 19300 Ike Jones Road ,MPAN, Santa Ana, CA 92707 ETTE i7 COMPANY E LETTER This is to certify that policies of insurance listed below have beer,issued to the insured named above and are m force at this time Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the poitaes described herein s subject to all the terms,exclusions and conditions of such policies. L-nMPANY TYPE lr'NSU RAhf - P'.:1 r^.U'+1 H'r� C:.LI - Thou 1 Limits of Liability in san s tETTER C 1 e e L i Aii�N ,1ATI EACH AGGREGATE C tIRR[NrE GENERAL LIABILITY $ (:f.h `t1FNSIVE FORM $�1 PREMISES—CiPERAt10N5 + F•(�pPERTYOAMASt $i pp qq F1 fxPtn410N ANT) 01tAPgI ftAZARD UNUERi ROUND HAZARI, _ T`I PRO4L1C 7SGOMFLE7Hi � ,�ti , -� �" •• OPERATIONS NAZ.F?f [] (� q p kYlEuiv IN WRY.ENO ❑t,WRtt'.TUAL IN IRFNCF APR 1 �i 1�0��� f P)PF CT Y I.Ah1AGF $ $ (�H:.OAD 10PY PROPER" r0PAWNEI, ❑.NDEPt.',1Jf NT -.oNTRAi.TpRC ❑vERSONA. err IUHY .�j;" Tui3) i — - AUTOMOBILE LIABILITY ------ I •\ / — — ou,.Y N;uur E f Ar H PE RSON, KI l'QMPREHENI NE HTRh1 RODILY INJURY £ A 2034 00 053740 4/13/85 TEACH ACCIDENT) H+RCO LJ NONOWNfl, i R ';Ni Lr61•dif £500, EXCESS LIABILITY — _ 1 s1 U�1+iNJiIPY ANT! UMRRELi.A r()RM am?F RTr CAMA:;E £ £ OTHERTHAN UMPPil i t.A i11AH"lE`; WORK ERS'COMPENSATIOM '.TArIJ :1RY and EMPLOYERS'LIABILITY OTHER DESCRIPTION OF OPERATIONS.LOCATIONSIVEHICLES Certificate Holder named as an additional insured as respects general liability, but only as respects work performed for them by Pel-Aire Partners. ,^.ancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail 30 days written notice to The below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company NAME ANC ADDRESS OF CERTIFICATE HOL.DE R :;;..'E ISSUE City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Ivor Gitsham 1 AtitHORIZED RffiRESENTATIVE Harry Woodward, CPCU AGORD 25(1 79)