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HomeMy WebLinkAbout04628 - DELTA AIRLINES OPERATING PERMIT NEVER EXECUTED File Edit Connection Setup Macro', Window -� --- [ City of Palm Springs l [0617031 Tran Records Management System ] [ ] [ ] Update Agreement Agreement r + A. ; (Enter Y for automatic number) i [Category ] [_CONTRACTS & AGREEMENTS ] [Sub Category] [CONTRACTS & AGREEMENTS ] [ ] Date i ri MO Res Ord Deed Vol Pg SecMt ' Document Loc Name [ ] AuthorLoca :0 t Code Locator- Same as Key Reten Dt Destr D# Flm Dt }" ter`'" ' Ree All Actions were Microfilmed? Next Set Last SetI Index' Act Assoc A reemnt ', Search Exit Set 1 Go To Action Extra Ass � tion �� , i - '2 7 ---'rHp—0-o 2--city via fMGR --- `�-- C Num Caps lnhox Mi,i, C�Co4eren ., Go'ARphcatio. . 11- 6-h2. CIT- R,L , 9;18 AM '- I. � _ �� !� � r r 06/09/2003 12;08 FAX 760 318 3815 PSP INT'L ARPT U 001 City of Palm Springs Department of Aviation Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs CA 92262 Palm Springs InternationalAirpoit FAX AMERIG'SRESORTPOFT DATE: 619/03 Total Pages - 01 TO: CITy CLERK / BARB Fax: 760.322.8332 FROM: Janet Buck RE: DELTA NON SIG AGREEMENT A4628, M05365 Good Morning: The above non sig agreement effective December 1, 2002 was completed by Delta with only one corporate signature. Due to my error it was sent to Delta on 2/6/03 as the completed executed document. Atthistime Delta is no longerflying into PSP. Per Richard Strickland, Deputy Director upon their return in the fall they will become a signatory carrier and complete a different agreement. With the new signatory agreement being considered we do not intend to correct the non signatory agreement at this time as it is no longer in effect. We apologize for this mistake. Thank you, jb cc: Richard 'Strickland, Deputy Director Barry Griffith, Assistant Director Janet Buck Account specialist 760.318.3808 Fax:760.318.3815 J anet6@ci.pai m-springs.ca.us City of Palm Springs Department of Aviation Palm Springs International Airport 3400 E Tahquitz Canyon Way, Suite OFC I Palm Springs, CA 92262 palm Springs 760.318.3800 h mabulAirpod Fax: 760.318.3815 pM13'mS prAlirrg MEMORANDUM Date: 5/7/03 To: CITY CLERK From: Richard Strickland / Deputy Director of Aviation -Administration Subject: DELTA NON SIG AGREEMENT Please reference the attached non signatory permit for Delta Airlines. Delta stopped operations for the season effective 4/30/03. When Delta returns in the fall they will be a Signatory carrier with the signatory airline use agreement. Thank you. Delta Airlines Airline Operating Permit AGREEMENT #4628 STANDAR FORM #94-002 Never(Executed 1-23-03 Non-Signatory Airline Operating Permit - (Month-to-Month) Palm Springs International Airport (Please Print or Type Information) General Provisions The City of Palm Springs, a municipal corporation ("City') hereby grants to the Permittee hereinafter named, authority to operate as a non-signatory airline at the Palm Springs International Airport ("Airport") upon all of the terms and conditions in this Permit. This Permit is subject to the following general provisions: 1. Permittee: DELTA AIR LINES INC. Fax: 404-715-2548 Phone: 404-715-2371 2. Permittee's Address: Delta Air Lines Inc. Corporate Real Estate Dept. 877 1030 Delta Blvd Altanta, GA. 03020 3. Permittee's Representative: Attn: Mike Wright 4. Permitted Use: Commercial air transportations of persons, property, cargo and mail ("Air Transportation"). 5. Hours of Operation: No scheduled jet operations between 2200 and 0700 local time. 6. Rates and Charges: A. Landing Fees: 125% of the signatory airline landing fee. (Current Non Signatory Rate: $1.56 per 1,000 pounds of landed weight.) B. Terminal Fees: Fee per enplaned passenger based on total number of signatory enplaned passengers for previous fiscal year divided by the total dollars paid by signatory airlines for joint use areas, public address maintenance, and waste disposal charges. (Current Non Signatory Rate: $897,373.63 fees / 495,963 signatory enplanements= $1.81 per enplanement C. Passenger Facility Charge: Current Rate - $4.50 per enplaned passenger. D. Special Capital Projects: Landing Fee Surcharge -fee per enplaned passenger based on signatory negotiated dollar amount divided by previous fiscal year's total enplaned passengers. (Current Rate: $300,000/ 534,038 enplanements = $0.56 per enplanement.) E. Security: See Airline Committee. (Mandatory participation) F. Skycaps: See Airline Committee. (Mandatory participation) G. Handlinq: See Signatory Airline or FBO. 7. Commencement Date: December 1, 2002 8. Term: Month to Month 9. Corporate Authority: The Persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. Non-Signatory Airline Operating Permit Patin Springs International Airport Page 1 of 6 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: A municipal corporation By: By: City Clerk ARLIM © �� �� �� � � e � City Manager APPROVED AS TO FORM: Procurement & Contracting By: % Initials Date City Attorney n n N„iulsnr CONTRACTOR: Check one:_Individual_Partnership yCorporation Corporations require two notarized signatures, One from each of the following: A. Chairman of Board, President,or any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). -9 By:� By: Signature (notarized) Signature (notarized) Name: Todd Carlson Name: Title: General Manage Title: Corporate Real Estate Sourcing ` i ll State of State of J 1 )' County of l/� Id� Iss County of �ss On ti(i`'C. /(/, ' OOc)' . On before me, � t��-�-� �� ��r"— before me, , personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. /-� WITNESS my hand and official seal. "Jotar Signature: Notary Signature: Notary Seal:, Notary Seal: [1GUY Ptlbllo,Cobb County,0.00rfgla _ hey Commission Expires February 15.200" Non-Signatory Airline Operating Permit Palm Springs hitemational Airport Page 2 of 6 TERMS AND CONDITIONS 1. Rules and Regulations: All activities of Permittee pursuant to this permit shall be performed in compliance with all applicable federal, state and local laws, ordinances and regulations. 2. Employee Parking: The Airport shall make available to Permittee's employees, assigned duty at the Airport, reasonably adequate parking facilities. The Airport may, at its discretion, charge a reasonable vehicle parking fee. 3. Payment of Fees: A. Information to be provided by Permittee: Permittee shall furnish to the City on or before the tenth (10t) day of each month on forms to be supplies by City and signed by an authorized representative of Permittee, for the preceding month reporting (1) the number of enplaned passengers and deplaned passengers; (2) airline's total number of fee landings by type of aircraft and certificated maximum landing weight of each type of aircraft; (3) the weight of air freight, air-express, and air mail, loaded and unloaded by airline at the Airport; (4) the 30-day projected published flight schedule for arriving and departing flights at the Airport, and (5) the number of seats per each type of aircraft utilized. B. Terminal rates and charges: Not later than the tenth (10`h) day of each month, City shall furnish Permittee with an invoice setting forth the amount of Permittee's terminal rates and charges for the next ensuing month. Not later than the first (1") day of such next ensuing month, Permittee shall pay City an amount equal to Permittee's total terminal rates and charges for such month. C. Landing Fees: Upon furnishing City with the information described in Section 3.A., City shall forthwith furnish Permittee with an invoice setting forth the amount of landing fees payable by Permittee for such preceding month, calculated by multiplying the total approved maximum landing weight for permittee's fee landings at the Airport during such preceding month by the landing fee rate for such preceding month. Within thirty (30) days after the date of such invoice, Permittee shall pay to City the amount of landing fees set forth herein. 4. Late Charges: All fees and charges not timely received by City and within fifteen (15) days after receipt by Permittee of a written notice of delinquency will bear a late charge equal to five percent (5%) of the payment due and owing. If such rentals, fees and other charges are not received within thirty (30) days, interest shall accrue on the unpaid balance plus the unpaid late charge at the rate of eighteen percent (18%) per annum or the highest rate which may be legally charged, whichever is lower, from the due date until paid in full. 5. Gate Allocation: By granting this permit, Airport is not obligated to provide aircraft gate space. Permittee shall arrange gate space via signatory airlines or FBO's. 6. Indemnification of Airport: Permittee agrees to indemnify the City, its officers, agents and employees against, and will hold and save them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, of or in connection with the negligent performance of the work, operations or activities of Permittee, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the premises or the Airport by Permittee or its employees and customers, or arising from the failure of Permittee to keep its exclusive premises in good condition and repair, as herein provided, or arising from the negligent Non-Signatory Airline Operating Permit Palm Springs International Airport Page 3 of 6 performance of or failure to perform any term, provision or covenant or condition of this Agreement, unless caused by the sole negligence or willful misconduct on the part of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: A. Permittee will defend any action or actions filed in connection with any said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith; B. Permittee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of airline hereunder; and Permittee agrees to save and hold the City, its officers, agents, and employees harmless there from; C. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Permittee for such damages of other claims arising out of or in connection with the negligent performance of or failure to perform the work, operations or activities of Permittee hereunder, Permittee agrees to pay the city, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees. 7. Permittee Public Liability Insurance: Permittee agrees to carry and keep in force public liability insurance with an insurance company of recognized responsibility, or provide self insurance, covering personal injury, death and property damage to protect the City, its commissioners, directors, agents, officers, and employees, from liability covered by the indemnification provisions of this article. Without limiting its liability as aforesaid, occurrence basis, with limits of liability for death, personal injury and property damage in a combined single limit no less than Fifty Million Dollars ($50,000,000.). 8. Worker's Compensation Insurance: Permittee shall, at the Permittee's sole cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Permittee and the City against any loss, claims or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Permittee in the course of conducting Permittee's business in the Airport. 9. Permittee Insurance on Automobiles and other Ground Vehicles: Permittee shall maintain at its sole expense and cause to be kept in force at all times during the term of the agreement, liability insurance in the form of primary and excess, or layered amounts of insurance covering the operation of Permittee's owned or non-owned automobiles and other ground vehicles at the Airport, written on a per occurrence basis in a combined single limit of not less than Twenty Five Million ($25,000,000.) for bodily injury and property damage liability per any one occurrence. 10. General Provision Applicable to Permittee's Insurance: All of the policies of insurance required to be procured by Permittee pursuant to this Permit shall (i) in a form and content common to the industry and reasonably satisfactory to the City and written by insurers satisfactory to City; be (ii) primary insurance; and shall (iii) name the City, its officers, agents and employees as additional insured's to the extent of their indemnified interest. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing 30 days prior written notice by registered mail to the City. Prior to the effective date or such earlier date as Airline commences service for any purpose; and at Non-Signatory Airline Operating Permit Palm Springs International Airport Page 4 of 6 least 30 days prior to the expiration of any insurance policy, Permittee shall provide City with certificates or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to the City, licensed to do business in the state where the premises are located. In the event the Risk Manager of City ("Risk Manager") determines that (i) the Permittees activities in the premises creates an increase or decrease risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained, Permittee agrees that the minimum limits of any insurance policy and the types of insurance policies required to be obtained by Permittee may be changed accordingly upon receipt of written notice from the Risk Manager; provided that Permittee shall have the right to appeal a determination of increase coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. City and Airline hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the premises, its contents, or Permittee's trade fixtures, equipment, personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, of the parties, on behalf of their respective insurance companies insuring such property of either Airport or Permittee against such loss, waive any right of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. 11. Permittee agrees to operate its business as a commercial operator at the Airport for the use and benefit of the public; to make available all facilities and services to the public, without unjust discrimination; and to refrain from imposing or levying excessive, discriminatory, or otherwise unreasonable charges or fees. 12. Permittee for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree: A. That no person on the grounds of race, color, age, religion, sex, national origins, or handicap shall be excluded from participation in or denied the use of Permittee's operations; B. That in the furnishing of services, no person on the grounds of race, color, age, religion, sex, national origin, or handicap shall be excluded from participation in, denied the benefits, of, or otherwise be subject to discrimination; and C. That Permittee shall use the Airport premises 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 — Effectuation of Title IV of the Civil Rights Act of 1964, and as said Regulations may be amended. 13. Any notice given under the provision of the Permit shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid addressed to Permittee at the address set forth on page 1 of this Permit and to the City as follows: Executive Director—Airports Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 14. The Permittee shall promptly repair or replace any property of the Airport damaged by the Permittee's operations hereunder. The Permittee shall not install any fixtures or make any alterations or improvements in or additions or repairs to any property of the Airport except with its prior approval of the Executive Director—Airports. Non-Signatory Airline Operating Permit Palm Springs International Airport Page 5 of 6 15. Permittee shall not assign the Permit or any interest therein, without the prior written consent of the City. Any assignment or subletting without the consent of City shall be void and constitute incurable default hereunder. 16. The occurrence of any one or more of the following events shall constitute a default and breach of the Permit by permittee: (i) the failure to pay any rental or other payment required hereunder to or on behalf of City more than three (3) days after written notice from City to Permittee that Permittee has failed to pay rent when due; (ii) the failure to perform any of Permittee's agreement or obligations hereunder exclusive of a default in the payment of money where such default shall continue for a period of thirty (30 days) after written notice thereof from City to Permittee which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (iii) the making by Permittee of a general assignment of Permittee's location at the Airport or of Permittee's interest in the Permit; (iv) the filing by any creditor of Permittee of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (v) the attachment, execution or other leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days. In the event of any such default or breach by Permittee's right to possession there under. 17. This Permit may be terminated by either party, with or without cause, upon providing the other party with thirty (30) days advance written notice. 18. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Permit, and service mailed to the address of Permittee set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California, is the proper place for venue as to any such litigation and Permittee agrees to submit to the personal jurisdiction of such court in the event of such litigation. 19. The Permit covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning the Permit, supersedes any and all previous negotiations, agreements and understandings, if any, between the parties, oral or written, and merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Permittee acknowledges that city or its agents or representatives have made no representations or warranties of any kind or nature not specifically set forth herein. Non-Signatory Airline Operating Pennit Patin Springs international Airport Page 6 of 6