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HomeMy WebLinkAboutC97-338 Aviation Systems Maintenance IncorporatedCT733870 age 1 of 5 MAINTENANCE SERVICE CONTRACT THIS AGREEMENT, made and entered into this -.,?� "day of cep-►,- k , 19n, by and between AVIATION SYSTEMS MAINTENANCE, INCORPORATED (ASMI) of Lenexa, Kansas, and the EAGLE COUNTY AIRPORT (COUNTY). WITNESSETH: WHEREAS, the Corporation, being duly incorporated and existing under and by virtue of the Laws of the State of Kansas, with its principal place of business being 9900 Pflumm Road, Suite 33, Lenexa, Kansas; and, WHEREAS, in the furtherance of the corporation's business, it is the desire of the corporation to provide maintenance services; and, WHEREAS, it is the desire of the COUNTY to accept such maintenance services with said corporation; NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: 1. ASMI will perform scheduled periodic service of the facilities described in paragraph "FACILITIES" at the Eagle County Airport, for a period of twelve (12) months, effective the 1st day of January, 1998. 2. For services rendered, ASMI shall receive the sum of $2,350.00 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. 4. The scheduled periodic service and adjustments will consist of those routine tests and adjustments required by 14 CFR Part 171 for non- federal airports. ASMI will record the results of these tests in a station log and send copies to the FAA. ASMI will maintain the required 6000 series records. P O. BOX 19355 �Im' TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794 Page 2 of 5 ASMI will attend FAA facility visits required by 14 CFR 171 and/or flight inspections, provided that these occur as scheduled. Cancellations or excessive delays occurring in these visits after the ASMI representative is on site or en route will be invoiced at a rate of $600/day, in half day increments, portal to portal, plus travel expenses. 5. The restoration of the facilities following an unscheduled outage will be performed by ASMI as soon as possible after the outage is reported, with an average response time of twenty-four (24) hours or less. The parties hereto understand and agree that the COUNTY maintains an inventory of spare parts for the equipment. Repair/replacement and maintenance of the inventory of spare parts will be at the expense of the COUNTY. Following an outage, as contemplated by this paragraph, ASMI will utilize parts from the COUNTY's inventory to restore the facilities to operation. When the facilities are restored, the COUNTY will be given the option of repairing or replacing any damaged assemblies for return to inventory. If desired, ASMI will, at the expense of the COUNTY, repair or replace the damaged assembly. If parts or assemblies necessary to restore a station to operation following an outage as contemplated by this paragraph, are not available in the COUNTY's inventory, ASMI will provide parts as required at the expense of the COUNTY. 6. It is an FAA requirement that properly calibrated test equipment for each NAVAID station be available. The parties hereto 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 operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. P. O. BOX 19355 An M TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794 Page 3 of 5 ASMI agrees to name Eagle County, Colorado, as an additional insured under our general liability and products completed operations policies, but only as respect to work done for Eagle County, Colorado, by Aviation Systems Maintenance, Inc. ASMI shall provide Workman's Compensation Insurance for its employees. ASMI shall provide to the County certificates of insurance to the satisfaction of the Eagle County Attorney. 8. It is the responsibility of the COUNTY to provide transportation for ASMI personnel between the airport and the equipment site(s). 9. It is the responsibility of the COUNTY to provide and maintain security in and around the equipment to be maintained under this AGREEMENT. 10. The COUNTY is responsible for the issuance of all NOTAMS relating to the status of facilities herein maintained. 11. It is the responsibility of the COUNTY to maintain the grounds and buildings associated with the NAVAIDS in good repair and to standards required by the FAA. 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 AVI Model 1118 DME ASI DUAL LOC EXCLUSIONS The facilities maintained by ASMI are turned over after ASMI'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 TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794 Page 4 of 5 ASMI is not responsible for damage due to power outage, lightning, flood, windstorm, rain, snow or other Acts of God, nor vandalism or tampering by unauthorized individuals, nor any design, engineering, installation or manufacturing defects. ASMI will bill the COUNTY at the rate of $600/day, in half day increments, portal to portal, plus travel expenses, should repairs or restoration be necessary due to any of these causes. In addition, should unscheduled outages be caused by the failure of the COUNTY to implement an upgrade or repair identified or requested by ASMI in the course of their maintenance activities, the outage response will be billed at the rate of $600/day, in half day increments, portal to portal, plus travel expenses. New Year's Eve, New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day are holidays observed by the ASMI staff. If an outage occurs that requires technician response on any of these days, ASMI will charge an additional $300. TERMINATION This AGREEMENT automatically terminates twelve (12) months after its effective date. Either party may terminate without cause with thirty (30) days' written notice to the other. If ASMI chooses to terminate, it will maintain the facilities until the COUNTY makes other arrangements for maintenance, not to exceed the unexpired balance of the 12 -month term. If the COUNTY chooses to terminate, it agrees to pay the balance of ASMI's total fee for the 12 months. In the event of termination caused by non-performance by ASMI, no payment will be due on the balance of the AGREEMENT. TOTAL AGREEMENT This document forms the complete agreement between the parties and any other arrangements or representations, written or oral, are hereby rescinded and replaced by this MAINTENANCE SERVICE CONTRACT. This agreement shall be governed by the laws of the State of Colorado. P.O. BOX 19355 �F TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794 AVIATION SYSTEMS MAINTENANCE, INC. B�kW464f Y� Name: Penny M person Title: Chief Executive officer Attest: 4+n j C-4 a Date: November 3, U7 Page 5 of 5 BOARD •COUNTY COMMISSIONERS OUNTY, COLORADO i 6 fA kionc- n�l lullp-5 Title: Attest: Date: P. O. BOX 19355w rW TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794