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HomeMy WebLinkAboutResolution - 3920 - Gate Use Agreement - UPS Inc - Airport Operations Area, LIA - 07_09_1992Resolution No. 3920 July 9, 1992 Item #10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Gate Use Agreement with United Parcel Services, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ®1�3� AS TO CONTENT: rn L. Lase, APPROVED AS TO FORM: Harold Willard, Assistant City —Attorney ffW:da/AGENDA-D 1/A-0ATEUS.M ,s Resolution No. 3920 July 9, 1992 Item #10 LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT is made and entered into at Lubbock, Texas, by and between the City of Lubbock, Texas, hereinafter referred Co► , o� as to "CITY," and United Parcel Services, Inc., hereinafter referred to as "UPS." WITNESSETH: WHEREAS, CITY owns and operates Lubbock International Airport, hereinafter referred to as the "Airport;" and WHEREAS, UPS desires to transport freight to and from aircraft on a portion of restricted area at the Airport known as the Airport Operations Area, hereinafter referred to as the "AOA;" and WHEREAS, in order to transport freight to and from aircraft on the AOA, UPS must have use of a padlocked gate on Airport premises; and WHEREAS, in consideration for the privilege of being allowed to utilize such gate, UPS agrees to abide by all of the terms and conditions in this Agreement set forth below; and WHEREAS, the City Council of the City of Lubbock has determined that the execution of this Agreement is in the best interests of the citizens of the CITY; ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, CITY hereby authorizes UPS to exercise the rights, powers and privileges hereinafter set forth and does hereby grant to UPS the exclusive use of the gate at the Airport whose location is depicted on Exhibit A attached hereto and incorporated herein by reference. The initial term of this Agreement shall be for a period of one (1) year beginning on the 1st day of May 1 1992, and shall be automatically renewable thereafter from month to month unless terminated pursuant to other provisions contained in this Agreement. ARTICLE II In consideration of the rights and privileges herein granted, UPS agrees to pay CITY a monthly user fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00), payable in advance, on the first day of each calendar month this Agreement remains in effect. Such monthly payments shall be made to the Lubbock International Airport, Rt. 3, Box 389, Lubbock, Texas 79401. ARTICLE III This Agreement is subject to the following provisions and conditions: 1. UPS may transport freight to and from aircraft at the Airport only through the gate which UPS is herein given exclusive use of and only on that portion of the AOA specifically designated on Exhibit A as premises upon which UPS may conduct its operations. 2. UPS shall be solely responsible for all individuals who obtain access to the AOA through the gate which UPS has exclusive use of and shall secure such gate at all times when not being used with a heavy-duty padlock approved by the Director of Aviation of the Airport. 3. UPS shall provide the CITY with a security plan approved by the Director of Aviation of the Airport and in accordance with all rules and regulations promulgated by the Federal Aviation Administration. 4. UPS will prohibit all unauthorized persons from obtaining access to the AOA through the gate which UPS has been given exclusive use of by this Agreement, and UPS agrees that in the event that a civil penalty or fine is assessed or levied against the Airport or CITY as a result of failure by UPS to comply or act in accordance with this provision or any other applicable federal, state or local statute, ordinance, rule or LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT - Page 2 regulation concerning the Airport, UPS shall immediately reimburse the Airport or CITY, as the case may be, the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing to the violation. 5. UPS will abide by and comply with the Airport's Identification Badge System at all times while this Agreement is in effect. 6. CITY shall not be required by this Agreement to provide UPS with access to the AOA by removing snow or ice from any portion of the Airport. 7. The rights, powers and privileges that may be exercised by UPS as a result of this Agreement are granted subject to the company's compliance with all applicable laws, ordinances, rules and regulations pertaining to the Airport or UPS. 8. CITY herein reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction. 9. During time of war or national emergency, the CITY shall have the right to enter into an agreement with the United States Government for military or naval use of all or part of the landing area, the publicly -owned air navigation facilities, and any other areas or facilities on the Airport. If any such agreement is executed, the provisions of this Gate Use Agreement, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 10. This Agreement shall be subordinate to the provisions of any existing or future agreement between the CITY and the United States concerning the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the receipt or expenditure of federal funds for the development of the Airport. 11. All rights, powers and privileges acquired herein by UPS may be immediately suspended, at the option of the CITY, if such suspension is found by the CITY, acting in good faith, to be LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT - Page 3 necessary to secure federal financial aid for the development of the Airport, or further development or promotion of aeronautical operations thereon. 12. Except as provided herein, any property of the CITY or any property for which the CITY may be responsible which is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by UPS to the satisfaction of the CITY. 13. UPS agrees to indemnify, defend and forever save the CITY, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, expense or loss, including attorneys' fees, resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of UPS, its agents, servants, guests, employees or business visitors under this Agreement. 14. UPS shall maintain at all times, at its sole expense, with an insurance underwriter authorized to do business in the State of Texas and acceptable to the CITY, insurance against claims of public liability and property damage resulting from the business activities of UPS at the Airport. The amount of insurance coverage shall not be less than FIFTY THOUSAND DOLLARS ($50,000) for property damage arising out of any one accident or event, or less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for personal injury or death of any one person in any one event, or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satis€actory evidence of coverage shall be filed with the City Secretary within fifteen (15) days after the execution of this Agreement. Each policy shall name the CITY as an additional insured as its interest may appear, and shall contain a provision requiring the insurer to give the CITY written notice of cancellation or of any material change in said policy or certificates at least ten (10) days in LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT - Page 4 advance of the effective date of such cancellation or material change. Each policy shall also contain a provision waiving the right of such insurer to subrogation. 15. UPS, its agents and employees will not discriminate in any manner prohibited by federal law against any person or class of persons due to sex, race, religion, or national origin in providing any services or in the use of any of its facilities provided for the public. UPS further agrees to comply with such enforcement procedures as the United States might demand that the CITY take in order to comply with the Sponsor's Assurances given by the CITY. UPS agrees to not discriminate against any employee or applicant for employment because of age, sex, race, religion or national origin. UPS further agrees to take affirmative action to ensure that applicants are employed and are treated during employment without regard to their age, sex, race, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. UPS will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will ensure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected tQ discrimination (including discrimination in employment) under any program or activity of UPS. 16. UPS warrants that it has not employed any person employed by the CITY to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT - Page 5 17. UPS shall not assign this Agreement or any rights hereunder without prior written consent of CITY's Director of Aviation. 18. The failure of CITY to insist upon performance of any of the terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such terms or conditions and the obligations of UPS with respect to such future performance shall continue in full force and effect. ARTICLE IV This Agreement may be terminated by either party hereto after the initial term upon thirty (30) days written notice to the other party. . Failure by UPS to comply with any of the above provisions or conditions may result in immediate termination of this Agreement, at the option of the CITY. EXECUTED this the 9th of July 1992. UNITED PARCEL SERVICES, INC. r}6"OAVID TEXA ice President DAVID , AYOR ATTEST: T e0 OTT,SR., a Boyd, City1Secretary gRegulatory APPROVED AS TOO CONTENT: c'_'T Bern E. Case, Director of Aviation APPROVED AS TO FORM: rold Willard, Assistant City Attorney }f W:da11NST-D8/GATEUSE. AGh1 LUBBOCK INTERNATIONAL AIRPORT GATE USE AGREEMENT - Page 6