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HomeMy WebLinkAboutC04-408 Aviation Sytems MaintenancePage 1 of 6 MAINTENANCE SERVICE CONTRACT THIS AGREEMENT, made and entered into this /444�_' day of 20 l!` by and between AVIATION SYSTEMS MAINTENANCE, INCORPORATED ("ASMI") of Overland Park, Kansas, and the EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners, a body corporate and politic ("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 6728 W. 153rd St, Overland Park, Kansas and authorized to do business within the state of Colorado; 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 five years, effective the 15` day of January, 2005 through December 31, 2009. Notwithstanding the foregoing and anything to the contrary contained in this Agreement, the COUNTY shall have no obligations under this Agreement, nor shall any payments be made to ASMI in respect to any period after December 31, 2005 and each calendar year during the term of this Agreement, without appropriation therefore by the COUNTY in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statues, the Local Government Budget Law (C. R. S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 2. For services rendered, ASMI shall receive the sum of $3,490 per month, to be paid to ASMI, by the COUNTY, in advance, by P.O. BOX 19355 TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285 9355 AWMil FAX. (913) 894 1794 Page 2 of 6 the 10`' 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. 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 $800/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. 6. 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. 7. It is an FAA requirement that properly calibrated test equipment for each NAVAID station be available. The parties P.O. BOX 19355 AMMI TELEPHONE: (913) 894_8927 LENEXA, KANSAS 66285- 9355 FAX. (913) 894 1794 Page 3 of 6 hereto understand calibrate said test requirements. and agree that the COUNTY will furnish and equipment in accordance with FAA 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 the 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. 12. 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. 13. 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. 14. 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. 15. ASMI shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of COUNTY. Any assignment without prior written consent of COUNTY shall cause this Agreement to terminate. P.O. BOX 19355 TELEPHONE: (913) 894-8927 AWMILENEXA, KANSAS 66285-9355FAX: (913) 894-1794 �%W Page 4 of 6 16. ASMI, its officers, agents, employees and any other persons over which ASMI has control, shall comply with all rules and regulations governing or relating to the use of the Airport, now existing or as may from time to time be amended or promulgated by the COUNTY or other governmental entities or agencies. 17. This agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either ASMI or COUNTY because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 18. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall beconstrued as if such invalid or unenforceable provision was omitted. 19. The parties to this Agreement intend that the relationship of ASMI and COUNTY is that of independent contractor. No agent, employee, or volunteer of the ASMI shall be deemed to be an agent, employee or volunteer of COUNTY. 20. Any notices required under this Agreement shall be given in writing by registered or certified mail, return receipt requested which shall be addressed as follows: For County: For ASMI: Chris Anderson Airport Administration Mgr Eagle County Regional Airport PO Box 850 Eagle, CO 81631 FACILITIES Penny McPherson Chief Executive Officer ASMI PO Box 19355 Lenexa, KS 66285-9355 The facilities to be maintained by ASMI are located at the Eagle County Airport in Eagle, Colorado, and consist of the following: P.O. BOX 19355 TELEPHONE: (913) 894-8927 LENEXA, KANSAS 66285-9355AWMI FAX. (913) 894- 1794 Page 5 of 6 See Appendix A 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. 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 $800/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 $800/day, in half day increments, portal to portal, plus travel expenses. New Year's Eve, New Year's Day, Memorial Day, July 4", 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 $400. TERMINATION This AGREEMENT shall automatically terminate on December 31, 2009 unless earlier terminated as set forth herein. Either party may terminate this Agreement with or without cause upon ninety (90) days written notice to the other. Upon termination ASMI shall be paid for services satisfactorily performed to the date of termination and each party shall be relieved of any further obligations under this Agreement. TOTAL AGREEMENT This Agreement supersedes all previous communications, negotiations and/or agreements between the respective parties hereto, wither verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an P.O. BOX 19355 TELEPHONE: (913) 894-8927 I LENEXA, KANSAS 66285 9355 FAX. (913) 894- 1794 Lon S.W/ Page 6 of 6 integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this Agreement. No alterations, amendments, changes or modifications to this Agreement shall be valid unless executed by an instrument in writing signed by both parties. Any revision, amendment or modification to this Agreement shall only be valid if in writing and signed by all parties. The parties understand and agree that during the term of this agreement that the FAA together with the COUNTY expect and intend to install an ILS system to replace the LOC/DME currently maintained by ASMI at the Eagle County Regional Airport. The parties agree that upon installation of the ILS system this Agreement shall be amended with terms and conditions which are agreeable to both parties but which shall reduce the scope of work and costs due ASMI in light of the new ILS system. All services provided pursuant to this Agreement shall be performed in compliance with all federal, state, and local statues, laws, ordinances, resolutions, orders, permits and regulations governing or otherwise applicable to the services to be performed hereunder. This agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. AVIATION SYSTEMS MAINTENANCE, INC. B, N Title: Attest: President BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY, COLORADO ne: IOM JTy(vgc Titk: `NCH R'Mkv oof I Atte : I Date: /,�2 - /? - D') Date: ! 2 Lv- -/ P.O. BOX 19355 �' TELEPHONE: (913) 894-8927 � LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794 Eagle County, CO Navaid contract Effective date, January 1, 2005 APPENDIX A Wilcox Model 585B VOR AVI Model 1118 DME ASI DUAL LOC BEST POWER UPS TOWER RADIOS: General Dynamics Transmitters, 3 ea. General Dynamics Receivers, 2 ea. TOWER WEATHER EQUIPMENT: Altimeter Setting Indicator, with associated equipment, I ea. Wind Monitor (sensor) Wind Tracker (digital display) Temperature Tracker, with associated equipment, 1 ea. ZETRON VOICE SWITCH MODEL 401OR MIRRA II DIGITAL RECORDER/REPRODUCER INTERALIA ATIS RECORDER ATI 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. fir TZ!,ti .t 1)