10/16/2002
AGREEMENT FOR USE OF
DISABLED PASSENGER BOARDING EQUIPMENT
-tA f
THIS AGREEMENT, made and entered into this I1i:"day of 0 Co . , 200~
by and between the Monroe County(~9Gi<nafter 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; d;J (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 ~ml!!Ual.~
covenants and agreements herein contained, the parties hereto agree as follows:~ ?: ~
Ote:!:' ;r;,..
,.." ""^ -- ,; :::u
ARTICLE I - GRANT OF RIGHT AND LICENSE ,=,: 'r-- I
2i:2_> w
'","::0., ,
-. c'
The Authority grants to the Airline, and the Airline accepts, the nonexclusive ~d ;g
license to use, at such times as the Authority makes the Equipment available t~h<f; (...)
Airline, the Equipment, exclusively for the purpose of loading and unloading pass~ge~
from aircraft owned or operated by the Airline and located at c..n
KWIA ,Key We~t, Florida
ARTICLE 11- 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
I
."
-
r-
f"T'J
o
."
a
;u
::0
r<1
(")
o
;;0
o
ARTICLE III - TERM
The term of this Agreement shall commence upon the date first written above and shall
terminate upon the date specified by either party ina 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 harmless from and against any and all liabilities, losses, suits,
claims, judgements, fines, 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 ofthe
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 EOUIPMENT
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 ,Key Weat 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 EQUIPMENT
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
MERCHANTABLILITY 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;
MAS038020402 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~rned 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.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY LORIDA
By
By
Title
Title
Date
\ \-\\- 01-
Date
/0 - , (G- 0.;1...
. '- _:~::~\:;~:~-~.
'I\-'F"
. (~E \\}$", ..' ....
~T:~Y< LKOLHAGE, aERK
.8
MAS038020402
4