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HomeMy WebLinkAbout2002-03-13 02-123 ORDERC0N1CiL ACTIOA Item eo. n7-171 Date: lila® 13. 2002 Item/Subject: The C'tv CaUnCil Hereby affirms the A' rt Director execubon of the Passenger Lift Agreement between the City of Bangor and the A'roort A'd'ne Tenants Responsible Department: Airport Commentary: The Federal Department of Transportation requires that the Airlines have a formal agreement in place between the Airlines and Airport regarding the passenger lift that is owned by the Airport. The Airlines requested that the agreement be executed by the deadline of March 4, 2002. The Legal Department approved the agreement prior to execution. The passenger lift allows the air carriers and "part to comply with ADA. Since the lift was purchase with Airport Improvement Project Funds, no fees may be assessed for the use of the US. Rebecca Huno Deoeriment Head Efenagees Commesb: 0o 1'tua[7 (r�'(lu F#4. City Manager Associated Information!Ond�w, (l,m Budget Approval: Finance Director OqCity Bolicitm Introduced for CKw^ Passage _ First Reading _ Referral Fuge I of I n2-123 AssignM to councilor Aoh March 13. 2002 CITY OF BANGOR (ITLE.) Order, The City Council Heretv affirms the Airport Director execution of the Passen er Lift Agreement between the C'tv of Bangor and Ai rt Airline Tenants. 6y the CRYCoundl of the City of Bangor: WHEREAS, The Federal Department of Transportation requires an agreement between the City and the Airlines regarding the passager lift owned W the Airport; and WHEREAS, Time was of the essence; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OFTHE QTY OF BANGORTHAT The CIN Council hereby affirms the Airport Director execution of the Passenger UR Agreement between the City of Bangor and the Airport Aldine Tenants. IN C11R COMMCEL March 14, 2002 Passed C CLtMP. 02-123 ORDER Tide, That the City Council Hereby Affirms the Airport Director's Execution of the Passenger Lift Agreement Between the City of Hangar and Airport Airline Teusnts Assigned to iGyJn� Councilor 02-123 Pasaevger Aeens lift USE AGEEEhH THIS AGAEEM1O?Mf, made aml entaid him as of ibis 4 day of M b'2002 by and between Ue ciry ofHangm C`CiN')ana Atmhe const Aalivu_("Avline'),acoryomtlon creaced uvda the laws ofine smh ofCalifomie. WITNRSSETU WIff.RP.AS, the City is the owner and opernta of the Bangor International Airymt WHEREAS, the City pumbase i a passenger lift("Lift') fapassengers with mobility impairments usim; Ahpmllmgmvemerrt pmgrem (AIP) finds. WHEREAS, Airline is a passenger airline doing business at the Ahpori; east WHEREAS, City and Airline wish to enter into this Ag renew regarding de use of the Lift by Airline; NOW, TIIBRREFORE, City and Auluto do hereby agree as follows: I. The City will retain exclusive ownessbip and right m control the Lift but will make it reasonably available fm use by Airline, in common with other airlines operating at the Airy rl. Notwithstanding the fofegoing, the City does not wmmot or gumm" Ne availability of the Lift at all times. Airline stall use the Lift at its own nsk and shall be responsible for its operation and for pmvidmg any personnel required to assist in Its opmm"m 2. The City will be ti ponsible formmmul mainteoanco andwpairs to Ne Lift (to be included in the terminal rate base calculation) but the Airline shall be responsible for the cost of any repairs to the Lift and other City papacy made necessary by damage ening out of its use of the Lift by Airline. In my even[, the City is authoriz to amnge for the repairs and tender the costs of meb repairs direNy to Airline. 3. Airline agrees to report to ft City, by the most immediate means available at the time of any excitation pmbtem, any failure of the Lift 0 operate or any other mechanical problem. Airline further agrees an coopmate with the City in all maintenance checks arid m wiliMoling of Made work by the City and in keeping all records respri by the City relating m the rryortivg of mechanical problems with the Lift device. 4. Amme shall defend, interiority, mW hold City, and its inhabitants, officers, employees and agents completely harmless ficen and against my mnh all liabilities, losses, suits, chime, judgments, times or demands arising by reason of injury ordeath of any print or damage in any properly, isaluding all reasonable casts for investigation and defense thereo£(mchu ing but not limited to attorneys' lees, court costs, and expert wimessf), of my Mni whosoever mising out of or incident to the ase of this equrymeat The City shall give to Ahlwe reassemble notice of any such claims or nations. Airline shall not be liable for my claims, actions, Injury, damage are loss occmioaed by the neglipeace or Intentional any of City, its names or employees. The Airline hereby expressed agrees that it will defend, indemnify aM hold the City of Bangor, its inhabitants, officers, employees and agents completely harmless from any and all claims made or assmid by the Airline's agents, servants or employees mixing out of the Amine's activities uMer this Agreement For this purpose, the Airline hereby expressly watives any and all annually it may bare anchor the Maine Workers Compensation Act in regerdto sucM1 claims made massamd by the Ahlive's ag,nfa eavarsh memplovees. The indemnification provided made this paragraph shall extend to and include any aM all costs 2 incurred by the City of During to answer, investigate, defend and settle all such claims, including but not limited to the City ofBanicies cosh for ahumeys' fees, expert and other wimess fees, th cog of investigators, and payment in full of my and all judgments ordered m favor of the Airline's agents, servants memployees spirit the City of Bangor h,"Iyul to claims made or asserted by such agmR, servants, gemployees. Prigs the exceeding of this Agreement, Airline shall procure and maintain Comprehensive Crcnttal Liability Insurance coverage, in an amount of not less than Fifty Million ($50,000,0011) combined single Itmit for bodily injury and death, and two million ($2,000,000) fur property dosage, nmmng fire City as an additional logged drovers, ad wglam compensation coverage. Airline shell fusish and Werrnticr common cennficans evidencing such coverage, which certificates shall grammes thirty (30) days notice of termination Ofmussurce from insurance company inagent All such insurance shall be primary, to my insurance maimamed by City. 5. Ms Agreeing shall be cossWed according in toe laws ofdre Slam of Mame. If my provision ofthis Agreement in my way covbavenes applicable law, such provision shall be deemed to be deleted, soul if any term of this Agreement shall be declared by final adjudicahm to be illegal or covhary Inpublic policy, it shall ns affect the validity of my otter ceras or provisions of this Agreement. 6. Any and all conbovereies or claims arising out of or relating to this Agreement, i.e. perf aooe, breach or terminating, sha0 be vested exclusivelym flu jurisdiction and venue of Mame comes; venue for any such controversies or claims shall be in dre Corot. ]. TM term ofllds Agreement stall hetes one(1)yam Goa the date ofexecueov hereof, whicfi term shall automatically renew for successive one your terns unless written notice is given by either party b the other thirty (3O) days prior to the annual expiration date that the Agreement shall not be renewed. 8. This agreemen[maybetmnineted by either pazty fm any reamnfm its mnvrnirnce after thirty (30) days written notice m the other perry. 9. Thisagr mtmaybetamimtedbyei partyheretouponseven('ndayawn notice should the other party&it substantially perform in accordance with the terms hereof through no fault of the other. 10. All notices required by this Agreement to either part by the other shall be demand given whim made in inning and deposited in the United Sites Past Office, first class, postage prepaid, address as follows: To City: City of Bangor, Airport Deparmnem AM: AirportDirector 287 Coffey Blvd. Bangor, ME 04401 To Atrbne: Atlantic Coast Airlines Attn: Vice President Stations 45200 Business Corot Didliw VA 20166 Il. This Agreement machines the entire Agreement between the parties and any and all promises, ageements, representations, or covenants previously mode are hereby abrogated by thetins of this Agreement This Agreenmt nay not he modified except N senting signed by mb party. 12. The Agreement shall be binding upon the parties hereto, their heirs, legal reensenibves and assigns. 13. Tire City acknowledges and agrees that Airline may allow orbs air carriers for which Aifline perfmms or may perform passenger handlinglhoedmg services 0 subscnbe m this agreement by a lens to that effect and submitting a copy of that letter m the City in which case this Agreement will also be deemed to be between the City and dirt certis, including for the purposes of compliance with 14 C.P.R§382.4Uaic). VJIT SS aM signatures in duplicate originals on the Y day of AMST City: D By .Aa B,,2 7e SYL Its: Airport Director A= Arno: st Airlines )3y le Its: Vic eery [Stations 490 Passenger Access Lift USE AGREEMENT THIS AGREEMENT, mode and owned into as of this 0 day of Marcy 2002 by and between the eay of Bangor ("CiW) and Pediment Airlines, hin ("Aabnd), aowpomtio , created widen the laws oftlx slate of Maryland. WITNESSETH WHEREAS, the City u the ownm and opomtw ofthe Bu4lor LuematiorW Airport. WIH?RBAB, the City pmrbaaed a passenger lift ("Lift') f lenewagen wrth mobility wpowne w using Airport MprovemeM Program (A@) foods. WH ]MS,)whine n a psssger airline doing business a the Airport;and WHEREAS, Uity and Airline wish to enter man this Agevoma regaining the we o£the Lift by Airbae; NOW, THEREFORE, City ad Ahlne do hereby agree az follows'. I. dlre City will wan eacnave owmahip and night to control the Lift but will make it iewormbly avalible for use by Airline, in cowman widn other ahlnes operating atthe Aapott. NatwiWstsvdivg [hef gang, the Cay dace not wwmnt or Buawnteedte availability of[he Liftaall woes. Avliu shell use the LiRat as own risk aM shall be respmuible kr as operative aM frr providing any pnsowel requiredw azsist in ib operation. 2. 'Hn Caywillber%ponsibleformmtil tcanc mpouwMe Lift(wbe included mthe onnat al rate haee wiculd on) but the Aulme shall be responsible for da wet of any repairs b tie Lift and abler City property made rerassary by damage arisingoutofitsowofdwtiftby Airbw. fusryeveot,U Cityisauthoivedmanangefor dre repairs and tender die casts of such repairs directly t Ahlme. 3 iridne agrees t report to the City, by the most immediat means available m dw tirne of any mecbamral problm, any fn urs of the Lift or operate or any curer mecbaucal problem. Ahlire furNa agrcest cooperate wiW the City mall maivtaance checks and m scbWulmg ofrepav work by the City and bkeeping all records req" by the City relating to the reporting ofinecbanicel Problems with the Lift device. 4. Airline "IdefeM, induunify, and bold City, and its idabilvRs, offs s, wpinyees and agents mmPhdely narrates from aM against my and all liabilities, loses, soils, claims, judgments, fio¢ or dmands arising by reasm ainjury or death of my person or damage w any property, including all reasonable costs for wvestigatim and defense dser of (including but not limit] to atmmeys' fres, covet coot , aM expert wimess fees), of my nature wnmaoeva arising rat of or bcidvdtthe use ofdds equipmad. The CityshaBgvet Airline reaamablemace ofany suchclaims or actions. The Aitlina hereby expressed agrees that it wpl defend, mdeumJy and hold the City of Bangor, its Nhabrtams. odrcem, empbynes and agelN compkmly harmless from arty soul all claims made or asserted by theAidurs's agents, servants or employees arising out oftha Airnve's activities mderdds Agmnent. Forftdsnmnese. the Airlinehereb%,Mr sly waives my aM all no mumry it may have under the Mame Workers Cmnoensatim Aa ru dts ch cl' a 'line's encs eersavts or em 1 The indemdficet iw Provided uMer this Paragraph shall extend t and include any aM all costa incurred by the City of Bangor t answer, investigate, defad and sehle 0 such darns, including but not limited t the City of Bangor's costs for attomeys' firs, expert and rah« witnessf by ,,re ofivvesfigators, afW payment in full ofmry ami rendered in favor offee Airline's aper, sarvnM=or employees againrtihe City, of Bangor in regard to claims made or assorted by such agents, sere ;, Or employee. Priorm Ne exauum Of this Agrevnmt, Airline sball Procure and maintain Comprelwvve GeremlL bJity Insurance oow , in soaarooat ofmt less then Fifty Mllim ($5 0,000,0N) combined single limit f bodily injury and draft, aM two million ($2,000,000) f property diem, naming Ne City as an aMweal insured thereon, and workers cwopmsation covuage. Airline shall famish and thereafter treiMan certificates evidencing such coverage. w & certifietes shall gumamce flurry(30)days Orion of temunation of neonce bane insurance tympany or agent. All seek insumwc shall be prhnary on i n r bnumace uminmircd by City. 5. This Ageemem shall be munt�ucd according to the, laws of flit State Of Maio. If any Provision aIbis Agreement in anyway countermen" applicabk law, such provision shell be deem i to be deloor, aM if any fear of rain Agreornent shall be declared by final adjudicatim N be illegal or contrary in public Policy, A shall not affect the validity Of MY otter teens or provisions ofNis Ageemvn. 6. AnY and all cmmoverake mclaims arising our of or rclatmg Nthis Ageemeart, i.e. performance, breech Or shall be ws[ed exclusively in thejodsiiclion OM vewe of Maine courts: venue f my such cmwovmsie or claims shall be in the Court. ]. Thetam oftlds Ageemenf shall bet ene(1)yeg from tlae date o£eseenriwbereaf, which turn shall automatically oojo ' for successive Ore year ferns orders written no0ce u given by atber party b the other Wry, (30) days prior m Ne armual Osparn ion date Nat the Agmeorent shall nor be reneswd. 8. This agemnmt maY be msmmamd by eah, pasty for mYsemmfor im cnrvmimce ager thirty (30) days written nowzmme other parry. 9. 'lltis ag�m y betemtiratd by ei6w pares herRo opon seven (7) days wsilten nmce should the other party fail subsmntmHy to pert rm m accordance with the arms heaof through nor faWs ofthe o[hm. 10. All m tuns mquird by this Agreement to either part by the other shell be deemed given when made to wntmg and depowed in the UmW States Pas[ Office, fust class, posmge pn pmd, address a tuo To City: Cay of Bangor, Airport Beparwrmt Atlm Airpostl r 287 O my Bhd. Bmgor, MB 04401 TO Airline: pimbacm Airlines, mc. 5443 Airport Teominnal Road 9aImbury, Mmy1m 421801 Il. Thu Agreemw constitmes she ewreAgmnm[ between the partim aM mY aM all promises, agermwnm, repasentaVms, or covmmts perviously made are hereby abrogated by the tants of" Agreanem. This Agreemea may not be mdifid except in writing smnW by moh party. 12. The Agreammt shall be binding upon the pastier know, their bam, legal representatives ad assigns. 13. The Cay ackvowldgm and agrees that Ahlme may allow other air arias for which Airlitw performs or may perform paseevmr handlio&/hoarding servrnes to subs Te to this ageemmt by a letter to then eH mad mbmaung a copy a that later to the City on which cased Ageanuw mnH also be ds wbe b"oeo the CAy avdllat earner,=lading for ftp oses ofcoWliercs wills 14 CF R.§382.40a(e). WITNESS ood si8oanaes w duplicate ori@nals on[ 46 day of Merck, 2002. ATIF$T By �C/A-�., v Alre�nv�� Its: A=oST /leu[wvgy-Arhees lne. As to Aiding 39 Aid ng: ll By iu: Mdreje! Cwzfuver Sena;aes S.p�a.t 02-123 PaeaeeperAm Li% 115E AGREEMENT TEES AGREEh1ENT, made and emend into ar of0sis day ofe 2002 by and between the city of Bangor f`CItY) mid Champlain Enterprises, Inc."a CommutAir dMa Commercial Express('"h a"), a coryomtiw created under the laws of the store of Delaware. WIF SSETH WHEREAS, the City is the owner mad operator ofthe Banger Intematlawl Airport WI MAS, the City purclmssal a Torero passenger lift C`LW), model 20W79, serial number 952007, model year 1995, fw passengers with mobility impairments using Airport hnprovament Program (AIP) Ards. WHEREAS, Airline is passenger airline doing business m the Airport; arta WHEREAS, City and Airline wish to enter into this Agreement re lathing the use of the Lift by AGlive; NOW, THEREFORE, City and Airline do hereby agree as follows; 1. The City will retie exclusive ownership and right to coanol the Lift but will make it reawnably available for use by Airline, in wmmon with other airfares operating at the Airport. Nmwilhrunchng the feregolag, the City dcesw[wenan[or guarantee the availability of the Lift at all times. Airline shall use the Lift at its own risk card shall be responsible for its operation and far providing any gemmed required to assist in its Operation. 2. The City wi114 responsiblefittvomml maimennnra and repairs to the Lift(ro be included in the tenniral rate base calculative) but the Airline shall be respomible for the cost of any repairs on the Lift and other City property made necee by damage arcingoutofitsuseofthe Liftby Airline. Wanyevent, the City ismthorittdmmange for the repairs and tender the costs of such rep,irs directly to A'rlitm. 3. Arlineagreesbrep OffieCitybythemostimmediatemeansavailableHWe[ of any mechanical problmn, any failure of the Lift to operate or any other mechanical problem. Airline further agrees w coopeam with the City in all mvnronmme checks and in scheduling of repair work by the City end in keeping all records "u"red by the City relating to the reporting of mechanical problems with the Lift device. 4. Airline shall defend, indemnify, and hold City, and its inhabitants, offices, employees and agents cmnplerely harmless fiom and against any end all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of my person or damage to my property, including all reasmablc cons for lir ertigmion and defense thereof(inchrding but not limited ro abmnrys' fes, court cost; and expert witness fees), of my nature whensoever arising out of or incident to the use of this aluipmmnt. the City shall give to Air] ine reasonable notice of arty such claims or axiom The Airline hereby expressed agrecs that swill defend, indemnify and hold rhe City of Banger, its is abitarK officers, employee and agents completely bmmlem fiom my roti all claims made or asserted bythe Airline's agent, servenm or employees raising ora of to Airline's activities under this Agreement For this omnosethe Airline hereby ee=edy motives my end all immuu' km have under the Maine w neafion Act in regard to such claims made or asserted by the Ahhne's agentsservants m mnnlovee. 'Ihe indemnification provided under this para®aph shall mend to and'mclude any and all cents incurred "e City ofBangorto answer, investigate, defend ad sable all such claims, 2 including bot not limited to the City OfBengor's urns formmmeys'f ,expert end oMm winds fees, the cost of investigators, and Isymmt in fall ofanY and alljudgmemsreMered in favor of the Ahpne's agents, servatrts or employed against the City of Burger in road to claims madeoraseerted by such agents, servants, ornmployed. Prior to the execution of this Agreement. Airline shall procure and maintain Comprehensive (:rseAr Liability Insurance con , in an amount of not less than Fifty Million ($50,000,000) combined single limit for Wily injury and death, and two million ($2,000,000) for property damage, wring the City as as additional insured therenq aral workers romper action coverage. Airline shall furnish and thereafter maintain cerdfidms evidencing such cowntly , which aartificatd shall guarantee thirty (30) days notice a termination of insurance Gum inwwce company, or agent. All such insurance shall be primary to any insurance maintained by City. 5. This Ageementshall be construed ecagNingto tha lawsofWe Sten oFMairm. If arty provision of this Agreement in any way contravenes applicable law, such Mvision shall he dewed to be delned,aMifanYtam of Nis A®eementshall be declarW byfivl adiudicadon to be illegal orcontraty ro public policy, it shall nnaffect the validity ofary Other terms or provisions of this Agreement. C AnyaM all controversies orclaims nosing not ofor reWingto this Agreement, i.e. perthmwne, bream ntermination, shat x vestm exrlmirelr inmeiariaainta am venae of Maine courier; venue foram such controversies or claims shall be in the Court J. Themnm of this Agmanen[shall beF rone(1)yea Wmthe dare afdecnion hereof, which tens shall automatically anew for successive one you tams unless written notice is given by either patty to the cher thirty (30) days prior to the social expiration dare their the Agreement RIM MI, �411 s. Thia agree,,,ent marx tmminaced by eiwer pa,ty roranr reaam lar im eon.eniemee niter thirty (30) days wsitNn notice N the other party. 9. Thisagreementmeybetessninn byeitherpattyheremuponseven(7)&yswrittenn cc should the other party fail submumally N pert NaccoMance with the toms hereof through no fault ofthe other. 10. All notices required by this Alpeemerd to eitM part by We other shell W deemed given when made in wthing and deposital in the United State Post Office, firs[ class, poma8e prepaid, address as follows: To Chy: City of Bengm, Airport Department AM: Airport Director 287 Godfrey Blvd. 9angm,w 04901 To A,irl e: Champlain Enterprises. Inc. 51S Rugo Soret Plattsburgh W 12901 11. This Agreement consti maws the entire Agreement between the parties and my and all promises, agreements, represmmrims, or covenmts previously made are hereby abrogated by the terms ofthis Agrncmeot This Agreement may rot be madifiN cocci[ in writing signal by each poly. 12. The Agreement shall be binding upon the parties hecto, came heirs, legal mpresematives and assigns. 13. The City acknowledges and agrees that"me may allow oho- ah care for which Airline pert s of may perform passengerhvidlinp/hoardings ices to subscribem this agreement by a letter to that effect aml submitting a copy of that Inver to the City in which case this Agreement will also be deemed 0 be between the City and that cartier, including for Me lmxf u of complimoewith 14C.F.R.§392.40a(c). WITNESS and signatures m duplicam ontlioels on thezNy of—jf ,200: ATTEST Champlain Enmrprises, Inc. sy�� bAvl' Its: vi Pbat�lt4