Background:
This License Agreement provides for the static display of a Bell 47 Helicopter for the City's Memorial Day Event on the City's municipal campus. The agreement authorizes the operator to fly-in and land the helicopter prior to the event and requires the removal of the helicopter after all members of the public have exited the event. The operator has agreed to allow members of the public to enter the helicopter during the static display.
The agreement provides for Business Aircraft Liability Insurance and the operator has also agreed to endorse the City as additional insured for the Business Aircraft Liability Insurance. The City requested for the operator to Indemnify the City for any activity provided for under the License Agreement. However, the operator will not agree to any indemnification language. Although the indemnification provides a secondary level of assurance to the City, the City Manager's Office still recommends the approval of this agreement since the Business Liability Insurance provides an adequate level of protection for the City. In addition, the risk has been minimized by requiring the helicopter to arrive and depart while there are no members of the public at the event.