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Home My WebLink AboutC03-321 Aviation Systems Maintenance --- .. C-. Os - ,3- 2-l- .70 .~ FIRST AMENDMENT TO THE MAINTENANCE SERVICE CONTRACT BETWEEN AVIATION SYSTEMS MAINTENANCE, INC. AND THE EAGLE COUNTY REGIONAL AIRPORT This First Amendment (hereinafter referred to as the "First Amendment") to the Maintenance Service Contract between Aviation Systems Maintenance, Inc. (hereinafter referred to as "ASMI") of Lenexa, Kan~~d the Eagle County Regional Airport (hereinafter referred to as "COUNTY") is made this 2.:!!!... day of 8e;t6Ber;.2003. ASMI and COUNTY are collectively referred to. as the "Parties." Y1P.lU~~ RECITALS WHEREAS, COUNTY owns and operates the Eagle County Regional Airport (EGE) located in Eagle County, Colorado; and WHEREAS, COUNTY and ASMI entered into a Maintenance Service Contract dated December 21, 1998 and effective through December 31,2004, whereby ASMI performs scheduled periodic service and repair of the facilities described with more specificity in the original Maintenance Service Contract, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Parties now desire to amend the original Maintenance Service Contract in order to include additional equipment to be serviced and maintained by ASMI at an additional service charge of Three Hundred Fifty Dollars ($350.00) per month. NOW, THEREFORE, in consideration of the mutual promises set forth herein and in the original Maintenance Service Contract, the Parties agree that this First Amendment shall replace and supersede the sections of the original Maintenance Service Contract as stated hereunder: AGREEMENT 1. Section 2 of the original Maintenance Service Contract shall be amended to read as follows: "For services rendered, ASMI shall receive the sum of Three Thousand Thirty Five Dollars ($3,035.00) per month, to be paid to ASMI, by the COUNTY, in advance, by the 10th of each month. An interest rate of 1 % per month will be charged on any invoice 45 days, or more, past due." This amended service charge incorporates an additional fee of Three Hundred Fifty Dollars ($350.00) per month charged by ASMI for providing FAA verified maintenance and service of the additional equipment listed below. 2. Section 6 of the original Maintenance Service Contract shall be amended to read as follows: "It is an FAA requirement that properly calibrated test equipment for each NA V AID station be available. The parties hereto understand and agree that ASMI will provide its own calibrated test equipment for performing the maintenance/certification checks to include a signal generator, wattmeter with thru-line bodies and elements, frequency counter, modulation meter, and distortion analyzer. Such test equipment shall be in accordance with FAA requirements." 3. The paragraph entitled "FACILITIES" shall be amended to read as follows: ''The facilities to be maintained by ASMI are located at the Eagle County Regional Airport (EGE) in Eagle, Colorado, and consist of the following: Wilcox Model585B VOR A VI Model 1118 DME ASI DUAL LOC BEST POWER UPS Tower Radios: General Dynamics Transmitters, 3 each General Dynamics Receivers, 2 each ICOM-A4 handheld transceiver Tower Weather Equipment: Altimeter Setting Indicator, with associated equipment, 1 each Wind Monitor (sensor) Wind Tracker (digital display) Temperature Tracker, with associated equipment, 1 each Zeltron Voice Switch Model4010R Mirra II Digital RecorderlReproducer Interalia A TIS Recorder A TI Avionics Signal Light Gun Exceptions: The ICOM handheld, if required, will be checked for power, modulation, sensitivity and selectivity. However, actual repairs of the ICOM handheld should be performed by the factory, or an ICOM authorized service center." 4. Except as herein expressly amended, the terms and conditions of the Maintenance Service Contract shall remain in full force and effect. . 5. If any conflict exists between the provisions of this Amendment and the original Maintenance Service Contract, the provisions of this Amendment shall control. 6. This Amendment shall be binding on the Parties hereto, their heirs, executors, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Maintenance Service Contract between ASMI and COUNTY on the day first written above. . chael L. Gallagher Chairman ATTEST: AVIATION SYSTEMS MAINTENANCE, INC. o B~~(,;,,"~~ By: Penny McP rson Chief Executive Officer YY\v() NJ ,I Oct-OS-200S 09:50am From- e J /1 / T-198 P.002/00S F-578 --....., , . '---) Pag~ l of 5 . . MAINTE~AN,CE SERVICE CONTRACT TIllS AGirnE~NT, made',and entered into this.Z/~aa.y oi:..... _ Decemb~r, 1998,. by' and between A VJATION SYSTE;MS',MAINTENANCE, , . . . INCORPORA-TED, (ASMI) of Lenexa>. Kansas, al1d' the EAGLE COUNTY. AIT_"PORT (CPUNTY). WITNESSETH: WHEREAS,. fl;1e Corporation; beiIlg duly incorporated ~d existing' under and by virfue of the Laws of the State of Kansas, with its principal' place of .' b~siness being 9~OO PfIumm R~ad, Suite 33, Lenexa. Kansas,;' ~nc4 . ".. wHEREAS, fu the furtherance cif the corporation's business, it' js, the desiie of th~ corporation to pro~ide-maHite.Daitce s~rvjces;. and.;: .'.. '. I '... WHEREAS; it is the desire of the COuNTY to accept such. maintenance serv~ces .' with. s8;i~' corppratioi1; , . . . . NOW, THEREFORE? in 'consideration of the mutual' promises of the parties, it is agre~(( as f611ows~ ". .,,', .' . .' . " 1. ASMI will perform scheduled periodic .service of th'e facilities described in paragraph "FACILITIES" at the Eagle County Airport, for a perio,d of ' five years, effeotive the 1st qay of January, 1999 thrQugh D,ecember 31~ 2004. Notwithstanding the foregoing:> no charges shall be made te . - County'. nor' shall any payment be.made to ASMI for any Work done after December 31, 1999,. except aDd to the extent provided for in a budget . adopted by the Board 'of County Commissioners in' accordance wi.th the provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C. R. S. 29-1-10i et seq.). 2. For serVices rendered, ASMI shall receive the sum of $2,685.00 per month, to be paid to ASMI, by the COUNTY) in advance, by the 10th of each month. An-interest rate of 1 % per month will be charged on any invoice 45 days. or more, past due. 3. The service and repair will consist of two types: a) scheduled periodic service and adjustment; and b) restoration of the facilities following an unscheduled outage. EXHIBIT I~ ASAf' TELEPHONE: (913) 894-8927 FAX: (913) 894-1794 P. O. BOX 193~5 LENEXA, KANSAS 66285-9355 Oct-OS-ZOOS 09:50am From- T-198 P.OOS/OOS F-578 -) : Page 2 of 5 . 4. The s9hedu~ed peri~dic service 'and adJustments will consist: of those routine tests and adjustments required 'by 14 CFR Pan 171 for non- . . federal airports.' ASMI will: record .the resul..ts' of ~ese tests, in a stati~ri.' log atid s.~Dd copies' to .th~ 'FA;A; ASMI will 'maintain the:requrred '6000, . 'series records. . , . . " .' ; ....'. .' . ASMI will attend FAA facility visits required by 14 C~. H71'andlor' : flight inspecti~s~ piov~ded that these occur as. scheduled. . Cancellations . . or excessive delays occul::rip.g in these visits after ~e'ASMI .,.. representative"is on site or ~n ~oute will be invoiced .at a.rate.of $660/day;' in half day increments~ po;r:tal to portal" plus travel expenses. '.' .'. '. 5.. The:restoration of the facilities following an unscheduled outage will"be . performed by' ASMI as soon as possj~le after the ,outage is reported; with an average respC?nse time of"twenty-foui (24) 'houi-~ or less.. .' ", The parties hereto uridersnmd and agree that t~e.:COpNTY'maintait:1s an ' inventory of spare 'parts for,the equipment. Repair/replaCement and ina:Uitenance' of the inventory of spare parts will be at the expense of the COU~TY. ., . , Following an Qutage" as contemplated by tm s paragraph" ASMI will utilize parts. from the ~OUNTY's inventory to .restore the faqlities to operation. When the facilities are restored". the COUNTY will be given the optio;n of repairing .or replacing any damaged assemblies for. retum ~o inventory.' If desired, ASMI will. at the expense of the COVNTY. . repair or replace the damaged assembly. If pans or assemblies necessary to restore a station to operation following an outage as contemplated by this paragraph, are not availabl~ in the COUNTY's inventory, ASMI will provide parts EJ.S required at the' expense of the COUNTY. 6. It is an FAA requirement that properly calibrated test equipment for each N A V AID station be available. The parties bereto understand and agree that the COUNTY will furnish and calibrate said test equipment in accordance with FAA requirements. 7. ASMI will carry products liability insurance in the amount of $5,000,000 for the term of the contract. ASMI shall carry general liability premises P.O. BOX 19355 LENEXA, KANSAS 66285-9355 ASM' TELEPHONE: (913) 894-8927 FAX:' (913) 894-1794 Oct-OS-ZOOS 09:50am From- T-198 P,004/00S F-578 -- , , Page 3 of 5 operations insurance in the amount of $l,OOQ,ooq per occurrence and: " $2,000,000 aggregate. . ASMI 'agrees. to name Eagle .COlinty, Colorado, a$ an additional insured - under its. general Iia~ility and aviation products completed'op~ratibns policies. but only in respect to work done for :Eagle County, Colorado. by Aviation Systems Maintenance, Inc. ASMI shall provide. W orkmants Compensation -Insurance for its employees. ASMI'shall provide the of. ", County certificates, ,of insurance to the satisfaction of the Eagle' CoUnty, . Attorney. 8. It is the responsibility of the COUNTY to provide tr~sportatiori for ASMI personnel between the airport and the equipment site(s). 9. It is the' responsibility or the COUNTY to proVide and maintain ,security in and: around the equipment to be maintained under this AGREEMENT. 10. The COUNTY is responsible fot the issuance of all,NOTAMS relating to the status of faciijties herein maintained. ". . 11. It is' the responsibility of the .COUNTY to Inaintain the gro:unds and buildings associated with the NA V AIDS in g.ood repair and to standards required by the FAA. . , FACILITIES . . The facilities to be maintained by ASMI are located at the Eagle CountY Airport in Eagle? Colorado, and consist of the following: Wilcox Model 585B VOR A VI Model 1118 DME ASI DUAL LOC BESt POWER UPS EXCLUSIONS The facilities maintained by AS:MI are tum~d over after AS:MI's maintenance action to the COUNTY for status monitoring and operation under IFR Air Traffic Control. with the FAA and other pilots as users of ' the system. ASMI, therefore) is not responsible for operation of the facilities., P.O. BOX 19355 LENEXA, KANSAS Bf,285-9355 ASIIIII TELEPHONE: (913) 894-8927 FAX: (913) 894-1794 Oct-OS-ZOOS 09:51am From- T-198 P,005/00S F-578 . . \ Page 4 of'S. " ASMI is not responsible for damage due to power outage, lightning; '.,' flood, windstorm, -rain, snow Or- other ~cts' of God, nor vandalism or tampering' by unauthorized individuals, nor ,any design, engineeIing., 'installation {except if performed by ASl\:fi) or manuf~ctliring defects. ASMI 'willbiU th~ COUNTY ; ~t the rate of $660/day; in half day increments, portal to portal, plus travel-' : . ~xpenses,' s~ould repairs or r~storation be necessary due to any of these,cause~. In a~dition, should unscheduled outages be caused by the failure of the C~:){iNTY to implemept an up~ad~' or' repair identified or requested by .A~MI in . r. , the course ,of tbe~r maintenance activities, the outage response wjll be billed at th~ rate of $ 660/day , in half day increm~nts, portal to pOL"t~, plus travt?l expenses; . ~ew.Year's Eve, New Year's Day, Memori~ Day; July 4th" Labor D~y. ,Thanksgiving 'Day, the <Jay after Thanksgiving, Christmas Eve.. and Christmas . pay are holidays' observed by the ASMI staff. If an outage occurs that:requ~es " technician response on' any of these days;, ASMI will charge an additi~na1 $300. : ' '. .TE.RMINA TION , , This AGREEMENT automatically terminates sixty (60) .months after its effective date. Either party may te~ate without cause with on~ hundred twenty (120) days' written no~ce to thy other party ~ P. O. BOX 19355 LENEXA, KANSAS 66285-9355 AS",' TELEPHONE: (913) 894-8927 FAX: (913) 894-1794 . . . . Oct-03-200S 09:51am From- T-198 P,OOS/006 F-578 . . ---. \ , .' , Page 5 of 5 TOTAL AGREEMEN,I This document forms the complete agreement between the parties and any other arraIig~ments or representations, ,written or oral, ~e hereby ~escinded and '. replaced by thi~' MAINTENANCE SERVICE CONTRACT. This agreement., sh~ be governed by the laws ,of the State of Colorrldo. ' AVIATION SYSTEMS MAINTENjryCE, INC. . By: IPrJ J1JCP~rn/ Name,: penny McPherson '. Title: ,Chief Executive Officer Title: . Attest:~~c.;,,-~ !l~ Attest. ,Date: December 15. '1998' . . ' Date:~?";';? / - 9K .' . P. O. BOX 19355 LENEXA, KANSAS 66285-9355 ASIIII' TELEPHONE: (913) 894M8927 FAX: (913) 894-1794