HomeMy WebLinkAbout04440 - AIRPORT HORIZON AIR AIRLINE OPERATING PERMIT . Horizon Air
•Airline Operating Permit
AGREEMENT i4440
STANDARD FORM #94-002 CAL signed 1-3-02
Non-Signatory Airline Operating Permit
(Month-to-Month)
PALM SPRINGS INTERNATIONAL AIRPORT
(Please Print of 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 the terms and conditions in this Permit. This Permit is subject to the following
general provisions: yy pp
1. Permittee:
FAX ( Phone (
2. Permittee's Address:
3. Permittee'sRepresentative: �e�dr�� �`yVL
4. Permitted Use: Commercial air transportation of persons property, cargo and mail ("Air
Transportation")
5. Hours of Operations: No scheduled jet operations between 2200 local and 0700 local
6. Rate and Charges:
A. Landing Fees: 125% of the signatory airline landing fees
B. Terminal Fees: Fee per enplaned passenger based on total number signatory enplaned
passengers for previous year divided in the total dollars paid by signatory airlines for
joint use Areas public address maintenance and waste disposal charges times a
factor of 125%.
C. Passenger Facility Charge: $4.50 per enplaned passenger.
D. Special Capital Projects: Fee per enplaned passenger based on signatory negotiated
dollar amount divided by previous year's total enplaned passengers
E. Security: See Airline Committee. (Mandatory participation)
F. Skycaps: See Airline Committee. (Mandatory participation)
G. Handling: See Signatory Airline or FBO.
7. Commencement Date: I _6k L`
8. Term: Month to Month.
9 Corporate Authority. The persons executing this Agreement on behalf of the 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 hehalf of said party, (iii) by so executing this
agreement, such party is formally bound to the provisions of this Agreements, 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 Palm Springs International Airport
Page 2 of 8
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of
the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
A MUNICIPAL CORPORATION:
City Clerk City Manager
APPROVED AS TO FORM:
r
City A y PERMITTEE:
(Check one:) individual,
HOWARD J. THIERSCH partnership _A_corporation
STATE OF WASHINGTON /
NOTARY - PUBLIC (NOTARIZED) By:
MY COMMISSION EXPIRES 11-18-02 JEFFREY psiAM&
VICE PRESIDENT/CUSTOMER SERVIc
Print Name and Title
HOWARD J. THIERSCH y
STATE OF WASHINGTON (NOTARIZED) By: •�r E --
signature /
NOTARY PUBLIC GLENN S. JOHNSON
MY COMMISSION EXPIRES 11-18-02 VICF PRFSInFnIT nnm
Print Name and TNIASURER
Mailing Address: �i �� lv\'A
"a—V C�_c Q 1 ('�'1<6q
(Corporations require two signatures; one from each of the following:
A. Chairman of Board, President, any Vice President; AND B. Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer).
End of Signatures
Non-Signatory Airline Operating Permit Palm Springs International Airport
Page 3 of 8 q I,
/.'d'j,i�liu(�)('y�Le>% L`Y ,'i".� -. I� i� �v�'L.11'r�1o:t;•'CaP
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 (10th) day of each month on forms to be supplied 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
airlines 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) day of each month of each
fiscal year, 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 (1st) 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 charges, whichever is lower, from the due date until paid in full.
Non-Signatory Airline Operating Permit Palm Springs international Airport
Page 4 of 8
5. Gate Allocation: By granting this Permit, "Permittee" is not obligated to provided 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 and each of 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
employee 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
performance of or failure to perform any term, provision or covenant or condition of this
Agreement, unless caused by the sole negligence or wilful 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 anyjudgement 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 therefrom;
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 bodily injury, death and property damage to protect the City, it 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, bodily injury and property damage in a combined single limit no less than
Fifty Million Dollars ($50,000,000).
Non-Signatory Airline Operating Permit Palm Springs International Airport
Page 5 of 8
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 Curse 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 (1) in a form and content common
to the industry and reasonable 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 insureds to the extent of their indemnified interest. All of said policies of
insurance shall provided that said insurance may not be amended or canceled without
provided 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 least 30 days prior
to the expiration of any insurance policy, Permittee shall provided 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
(1)the Permittee's 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 of 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.
Non-Signatory Airline Operating Permit Palm Springs International Airport
Page 6 of 8
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:
Director of Aviation
Palm Springs International Airport
3400 East 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 written approval of the Director of Aviation.
15. Permittee shall not assign this 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 of more of the following events shall constitute a default and
breach of this Permit by permittee: (a)the failure to pay any rental or other payment required
hereunder to or on behalf of City more that three (3) days after written notice from City to
Non-Signatory Airline Operating Permit Palm Springs International Airport
Page 7 of 8
Permittee that Permittee has filed to pay rent when due; (b) 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 of Permittee which notice shall be deemed to be the statutory notice so long
as such notice complies with statutory requirements; (c)the making by Permittee of a general
assignment of Permittee located at the Airport or of Permittee's interest in the Permit; (d)the
filing by any creditor of Permittee of an involuntary petition in bankruptcy which is not
dismissed within sixty(60)days after filing; or(e)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 thereunder.
17. This Permit may be terminated by either part, 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 no representations or warranties of any kind of nature not
specifically set forth herein have been made by City or its agents or representative.
Non-Signatory Airline Operating Permit Palm Springs International Airport
Page 8 of 8