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Item C47 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 10/16/02 DIVISION: COUNTY ADMINISTRATOR BULK ITf=M: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of Use Agreement with Comair, Inc., for handicap lift equipment, at the Key West International Airport. ITEM BACKGROUND: The Federal Aviation Administration funds 90% of the cost of the equipment, Comair, Inc. funds 10%. PREVIOUS RELEVANT BOCC ACTION: Approval of FAA grant which included this item, 9/18/02. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: N/A COST TO AIRPORT: None COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH/YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X rt2s-t+ Peter J. Horton KEY WEST AIRPORT DIRECTOR APPROVAL DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # ~f7 DISPOSITION: /bev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: COMAIR CONTRACT SUMMARY Contract # Effective Date: Execution Expiration Date: Open Contract Purpose/Description: Agreement for use of disabled passenger boarding equipment. Contract Manager: Bevette Moore (name) for BOCC meeting on: 10/16/02 # 5195 (Ext. ) Airports - Stop # 5 (Department/Courier Stop) Agenda Deadline: 10/2/02 Total Dollar Value of Contract: None Budgeted? N/ A Grant: N/A County Match: N/A Estimated Ongoing Costs: N/A (not included in dollar value above) CONTRACT COSTS Current Year Portion: N/A Account Codes: N/A ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Airport Manager 9..J2.1/ 07- Risk Management DJ!1JcJ- O.M.B.lPurchasing q /;2(p/OL- County Attorney -1_/_ Comments: CONTRACT REVIEW Changes Needed Yes No ) W ( ) v-r ( ) (..-) ( ) ( ) Reviewer Date Out ~2.1/ 02 V2:!iJ~ 3J~lLL ~, /(J';).. AGREEMENT FOR USE OF DISABLED PASSENGER BOARDING EQUIPMENT TIllS AGREEMENT, made and entered into this _ day of , 200_, by and between the Monroe County(~P&)iafter referred to as the "Authority", and Comair, a corporation organized and existing under the laws of the State of Ohio and authorized to do business in the State of Fl or; n.q (hereinafter referred to as "Airline"); WHEREAS, the Department of Transportation has amended its rules implementing section 504 of the Rehabilitation Act of 1973 and the Air Carrier Access Act of 1986 concerning the provision of equipment to facilitate boarding of aircraft by individuals with disabilities; and WHEREAS, the amended rules require air carriers and airports to work jointly to make such boarding devices (herinafter referred to as "Equipment") available; and WHEREAS, the Authority has purchased Equipment and wishes to make the Equipment available to each air carrier operating regionaljetlprop aircraft at Kev West International Airport. NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and agreements herein contained, the parties hereto agree as follows: ARTICLE I - GRANT OF RIGHT AND LICENSE The Authority grants to the Airline, and the Airline accepts, the nonexclusive right and license to use, at such times as the Authority makes the Equipment available to the Airline, the Equipment, exclusively for the purpose of loading and unloading passengers from aircraft owned or operated by the Airline and located at KWIA ,Kev We~t, Florida ARTICLE II - TRAINING The Airline will cause those of its representatives who will operate the Equipment to be trained in its operation. Those representatives of the Airline who have successfully completed such training may train other representatives of the Airline in the proper use of the Equipment. The Airline agrees that only representatives who have received training and demonstrated competency, as determined by the Airline, in the use of the Equipment shall operate the Equipment. MAS038020402 1 ARTICLE ill - TERM The term of this Agreement shall commence upon the date first written above and shall terminate upon the date specified by either party in a written notice to the other party given at least thirty (30) days in advance of the termination date. ARTICLE IV - ASSUMPTION OF RISKS AND INDEMNITY The Airline agrees to protect, defend, and hold the Authority and its officers, agents and employees completely hannless from and against any and allliabilities:-Iosses, suits, claims, judgements, fmes, or demands arising by reason of Airlines breach of this Agreement or injury or death of any person or damage to any property, (including, but not limited to, reasonable attorney fees), arising out of or incident to Airline's use of the Equipment, unless such injury, death, or damage is caused by the negligence of the Authority. The Authority shall give to the Airline reasonable notice of any such claims or actions. ARTICLE V - INSURANCE The Airline shall take such action as is necessary to cause the insurance coverages which it is presently required to carry by the Authority to include the Airline's use of the Equipment and to cause the Authority to be an additional assured on such coverages with respect to the use of the Equipment. ARTICLE VI - RISK OF LOSS The Equipment, until returned to the Authority, shall be held at all times at the sole risk of the Airline for injury, damage (including damage to third parties and their property), loss, destruction, or theft. If the Equipment or any part of it is destroyed, lost, stolen, damaged beyond repair, or permanently rendered unfit for normal use for any reason whatsoever, before return to the Authority, the Airline shall promptly notify the Authority and pay the Authority on demand the fair market value of the Equipment determined immediately prior to the occurrence as reimbursement to the Authority for such occurrence. ARTICLE VII - TITLE TO EQUIPMENT As between the Authority and the Airline, the Equipment is and at all times shall be owned by the Authority. The Equipment may be used only at the KWIA ,Kev WeRt FT. . The Airline shall not sell, mortgage, assign, transfer, lease, sublet, loan, part with possession of or encumber the Equipment or permit any liens or charges to become effective thereon or permit or attempt to do any of the acts aforesaid. The Airline agrees, at its own expense, to take MAS038020402 2 - such action as may be necessary to remove any such encumbrance, lien or charge, and to prevent any third party from acquiring any interest in the Equipment or any part thereof. ARTICLE VIII - MAINTENANCE If at any time the Airline becomes aware of the need for maintenance or repairs to the Equipment, the Airline shall promptly notify the Authority in writing of the nature of the maintenance or repairs needed. The Airline shall make no alterations of the Equipment without the prior written consent of the Authority. ARTICLE IX - USE OF EOUIPMENT The Airline shall comply with all laws, regulations and ordinances, and all,applicable requirements of the manufacturer of the Equipment, applicable to the phYSIcal possession, operation, condition, use and maintenance of the Equipment. ARTICLE X - PRIORITY OF USE In the event that two or more airlines entitled to use the Equipment seek to use it at the same time, absolute priority shall be given to the airline having one or more disabled passengers needed to be boarded or de-boarded. ARTICLE XI - DISCLAIMER OF WARRANTIES THE AUTHORITY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF, OR AS TO THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE EQUIPMENT, AND THE AUTHORITY MAKES NO WARRANTY OF MERCHANT ABLILITY OR FITNESS OF THE EQUIPMENT OR ANY COMPONENT THEREOF FOR ANY PARTICULAR PURPOSE. ARTICLE XII - NONDISCRIMINATION The Airlines, for itself, its personal representatives, successors in interest, assigns and subtenants, as part of the consideration hereof, does hereby covenant and agree that: (a) no person on the ground of race, creed, color, sex, national origin or disability shall be denied the benefits of or otherwise be subjected to exclusion or discrimination in the use of the Equipment; (b) the Airline shall use the Equipment in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation, effectuating of Title VI of the Civil Rights Act of 1964, as said regulations may be amended; ~S038020402 3 - (c) the Airline shall furnish boarding services on a fair, equal, and not unjustly discriminatory basis to all users thereof, making its boarding services available to the public on fair and reasonable terms without unjust discrimination on the basis of race, creed, color, sex, age, national origin, or disability. Non-compliance with the above paragraphs, after written findings, shall constitute a material breach hereof and in the event of such non-compliance, the Authority shall have the right to terminate this Agreement and the estate hereby created without liability therefore or at the election of the Authority or the United States, either or both of said entities shall have the right to judicially enforce above paragraphs. ARTICLE XIII - GOVERNING LAW This Agreement will be gov~med by and construed in accordance with the laws of the State of Florida. ARTICLE XIV - ENTIRE AGREEMENT This writing is the entire agreement of the parties. No representation, warranties, inducements, or oral agreements previously made between the parties shall continue unless stated herein. This Agreement shall not be changed, modified, or rescinded except in writing, signed by all parties. IN WIlNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Comair. Inc. By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By Title Title Charles McCoy. Mayor Date Date (SEAl) ATTEST: DANNY l KOlHAGE, ClERK DEPUTY CLERK APPROVED AS TO FORM A G S Y. , BY MAS038020402 4 MAR 1 B 111 . . March 12, 2002 Mr. Peter Horton Airport Director Key West International Airport 3491 S. Roosevelt Bivd. Key West, FL 33040 .,<" "~".;, ...."~~~f~ camAR. ADelta Connection Comair., Inc. POBox 75021 Cincinnati, OH 45275 859-767-2550 ,--- Frr::T. :. r::.;." .' -, 'Co! \ : APR-.~ : i =_~.~'_ j 1 -'~.: ~:'.ili-.-J \. ...- Re: Air Carrier Access Act of 1986 (ACAA) and Section 504 of the Rehabilitation Act of 1973, Rule Change Effective Date June 4, 2001 Dear Mr. Horton: This letter will confirm that the Airport will supply Comair recommended lift device for use on Comair's aircraft. The Airport will fund ninety percent (90%) of the cost through AlP funding and Comair will fund the ten percent (10%) balance. Comair will be responsible for maintaining the lift device. The lift device shall remain the Airport's property. Please execute the Agreement For Use Of Disabled Passenger Boarding Equipment previously provided by Comair and return to my attention as soon as possible. Should you have any questions or concerns, I may be reached at (859) 767 - 1399 or e-mail iSd!!rieco@comair.com. Thanks for working with us. Sincerely: ~ I -. ir"' " L II.~. /J ~.~ I ,~ fl '" ./ '-c.,- ~-...-..-.-- ~ ~~ Darlene Grieco Manager, Properties & Contracts f~