HomeMy WebLinkAbout1992-132 Agmt-Budget Rent-a-CarSHORT TERM CONCESSIONAIRE AGREEMENT
FOR THE ASHLAND MUNICIPAL AIRPORT
Short term concessionaire agreement made on the date specified
below in Recital A between the City and Concessionaire as follows:
Recitals:
A. The following information applies to this agreement:
city: City of Ashland
Address: 20 E. Main St.
Ashland, OR 97520
Telephone: (503) 482-3211
FAX: (503) 488-5311
Concessionaire: E.A.M.
Advertising Agency, Inc.,
d.b.a. Budget Rent-a-Car
Address: 3038 Biddle Road
Medford, OR 97504
Telephone: (503) 779-0488
FAX: (503) 776-3019
Agreement date: ////~. ¶8.1. Monthly Rental: $350
¶2: Date term begins: -,~7~-,'~
~3. Purpose: Rental car service.
Special provisions: Concessionaire will be allowed to clean
vehicles in an area to be designated by city. Concessionaire
may install an after-hours key drop with the location to be
approved by the Public Works Department of the city.
B. Concessionaire desires
Municipal Airport ("Airport")
3.
to use a portion of the Ashland
for the purpose stated in paragraph
City and Concessionaire therefor agree:
1. Description of premises. City shall permit Concessionaire to
use an area described on the attached Exhibit A ("the premises").
2. Term. The term of this agreement is month to month, commencing
at 12:01 A.M. on the date referred to in Recital A.
3. Purpose. The Concessionaire shall provide a service at the
Airport solely for the uses and purposes specified in Recital A.
This agreement is also subject to the special provisions listed in
Recital A, if any.
4. Public Benefit. The Concessionaire agrees to conduct its
business for the use and benefit of the public and to make
available to the public on fair and reasonable terms all of its
services at reasonable prices so as to result in a reasonable
profit to the Concessionaire.
5. FAA Exclusive Rights Prohibition. Nothing contained in this
agreement shall be construed to grant or authorize the granting of
exclusive rights within the meaning of Section 308(a) of the
Federal Aviation Act of 1958 as amended.
PAGE i-CONCESSIONAIRE AGREEMENT
6. Insurance. Concessionaire shall obtain and maintain
continuously in effect at all times during the term of this
agreement, at Concessionaire's sole expense, all insurances
required by the minimum standards, including the following:
6.1. Comprehensive insurance. Comprehensive general
liability insurance protecting City and its officers, agents and
employees against any and all liabilities that may allegedly in any
way relate to the operation by Concessionaire, this insurance to be
in the minimum amount of $1,000,000, combined single limit
coverage. Such limit shall automatically increase in the event of
any change in the provisions of ORS 30.270, or in the event these
limits are found to be not totally applicable to a city.
6.2. Additional insureds. Ail policies shall include the
City, its officers, commissions, elected officials, employees and
agents as additional insureds.
6.3. Primary insurance. The insurance shall be considered
primary to any other insurance or self-insurance of the City.
6.4. Insurance certificate. A certificate evidencing such
insurance coverage shall be filed with the City prior to the
effective date of this agreement, and such certificate shall
provide that such insurance coverage may not be canceled or reduced
or changed in any way adverse to the City without at least 30 days
prior written notice to the City. The policy shall be continuous
until canceled as stated above. If such insurance coverage is
canceled or changed, Concessionaire shall, not later than 15 days
prior to the termination or change in the insurance coverage, file
with the City a certificate showing that the required insurance has
been reinstated or provided through another insurance company or
companies. In the event Concessionaire shall fail to furnish the
city with the certificate of insurance required, City may secure
the required insurance or self-insure at the sole cost and expense
of Concessionaire, and Concessionaire agrees to reimburse City
promptly for the cost, plus ten percent of the cost for City
administration.
7. Indemnification. Concessionaire shall keep, indemnify and
defend and hold harmless City, its officers, agents and employees,
from and against any and all claims, demands, suits, judgments,
costs, and expenses, including attorney's fees asserted by any
person or persons, including agents or employees of the City or
Concessionaire, by reason of death or injury to persons or loss or
damage to property that allegedly results from Concessionaire's
operations, or anything done or permitted by Concessionaire under
this agreement, except for the extent attributed to acts or
omissions of city of its officers, agents or employees.
8. Payment by Concessionaire.
city during the term of this
amounts:
Concessionaire agrees to pay to the
agreement, the following sums and
PAGE 2-CONCESSIONAIRE AGREEMENT
8.1. Monthly rental. A monthly rental for the premises in
the amount specified in Recital A in advance due on the first day
of each month with the first payment due on the date Concessionaire
signs this agreement. If the rental term begins on a day of the
month other than the first or ends on a day other than the last day
of the month, rent for such month shall be prorated on a daily
basis.
8.2. Payment at City Hall; interest. Concessionaire agrees
to pay all sums due without notice by check payable to the City of
Ashland, delivered or mailed to the Finance Department, City Hall,
20 East Main Street, Ashland, Oregon 97520. A delinquency charge
of 1.5% per month shall be added to payments required by this
agreement which are more than ten days delinquent.
9. Compliance with laws. The Concessionaire shall comply with all
State and Federal rules, including but not limited to, the effluent
standards or prohibitions established under Section 307(a) of the
Clean Water Act for Toxic Pollutants.
9.1. Concessionaire compliance with environmental laws. As
used is this paragraph, the term "hazardous material" means any
hazardous or toxic substance, material, or waste, including, but
not limited to, those substances, materials, and wastes listed in
the United States Department of Transportation Hazardous Materials
Table (49 C.F.R. § 172.101) or by the United States Environmental
Protection Agency as hazardous substances (40 C.FoR. Part 302) and
any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and
regulations of the Oregon State Department of Environmental
Quality, petroleum products and their derivatives, and such other
substances, materials and wastes as become regulated or subject to
cleanup authority under any environmental laws. Environmental laws
means those laws cited in this subparagraph.
9.1.1. Concessionaire's compliance with laws and
permits. Concessionaire shall cause all operations conducted
by Concessionaire at the Airport (including operations by any
subcontractors) to comply with all environmental laws.
9.2. Limitation on uses of hazardous materials.
Concessionaire shall not use or allow any agents, contractors or
subtenants to use the Airport to generate, manufacture, refine,
transport, treat, store, handle, recycle, release or dispose of any
hazardous materials, other than at reasonably necessary for the
operation of Concessionaire's activities as contemplated under this
agreement.
9.2.1. City's Rights. City shall have the right to
conduct reasonable inspections and investigations of the
operations conducted at the Airport at any time and from time
to time, and Concessionaire shall cooperate fully with City
during such inspections and investigations.
9.2.2. Indemnification. Concessionaire agrees to defend
(with counsel approved by city), fully indemnify, and hold
PAGE 3-CONCESSIONAIRE AGREEMENT
entirely free and harmless City from and against all claims,
judgments, damages, penalties, fines, costs, liabilities, or
losses (including, without limitation, diminution in value of
premises, damages for the loss or restriction on the use of
rentable or usable space or of any amenity of premises,
damages arising from any adverse impact on marketing of space,
sums paid in settlement of claims, attorneys' fees, consultant
fees, and expert fees) which arise during or after the lease
term and which are imposed on, or paid by or asserted against
City by reason or on account of, or in connection with, or
arising out of Concessionaire's generation, manufacture, use,
transportation, refinement, treatment, storage, or disposal of
hazardous materials, or any release of hazardous materials as
a result of Concessionaire's use or activities, or of
Concessionaire's agents, contractors, or subtenants.
10. Termination. This agreement may be terminated by either party
upon 30 days written notice to the non-terminating party.
11. Affirmative Action Program. The Concessionaire assures that
it will undertake an affirmative action program as required by 14
CFR Part 152, sub-part E, to insure that no person shall, on the
grounds of race, creed, color, age, national origin or sex, be
excluded from participating in any employment activities covered in
14 CFR, Part 152, sub-part E. The Concessionaire assures that no
person shall be excluded on these grounds from participating in or
receiving the services or benefits of any program or activity
covered by the sub-part. The Concessionaire assures that it will
require that its covered sub-organizations will provide assurances
to the City that they similarly will undertake affirmative action
programs and that they will require assurances from their
sub-organizations as required by 14 CFR, Part 152, sub-part E to
the same effect.
12. Public Facilities. The Concessionaire shall also have a
non-exclusive right to use, in common with others, all public
airport facilities and improvements of a public nature which are
now, or may in the future be connected with, appurtenant to,
landing, taxiing, parking areas, and other public use facilities.
BY
Title
CITY OF ASHLAND
BY_ ~'~"f . / '/ /
~ayor
PAGE 4-CONCESSIONAIRE AGREEMENT (p:air~t\coocess.t~c)
EXHIBIT A
Office Area: Approximately 80 square feet in the Terminal Building
to be used only for the purposes of selling, advertising for sale,
billing, and otherwise contracting the rental on nonchauffered
automobiles and serving concession patrons returning automobiles
owned or controlled by the Concessionaire. Parking Area: Five
designated parking places in the main airport parking lot and, when
necessary, five parking places for overflow parking of additional
automobiles and trucks in the unpaved area by "Mogas."
PAGE 1 OF i-EXHIBIT A
COVER SHEET
CAN HARDWARE INSURANCE GROUP
PORTLAND BRANCH
Kruseway Plaza I, Suite 380
4500 Kruse Way
Lake O~wego, Oregon 97035
Telephone Number: (503) 636-9747 Fax Number: (509) 636-8372
Ilard Copy To Follow In blail? Yes ~X_ No
DATE: November ~., 1992
Co~l<y I)anials
COMPANY/DEPARTMENT: Mock' ~ Ford-Lincoln-Mercury-Mazda
FROM; Cindy L, Caccamo
TOTAL # OF PAGES INCLUD_NC COVER SI~EET .-
REt Corrected Certificate of I~surance for Budget Rent-A-Car booth
The American Hardware Insurance Group
PRODUCER
Alaer. ican llardwa~'a Nutua! Insurance Colnpany
P.O. Fox 455
Minneapolis ~ bin 55~0-0435
NAMED INSURED AND MAILING ADDRESS
>hz~ I)~ $iski7~ R.V. World .~d ~.f _~;ertis~g ~
D~ ~et Ren~-A-~r
P.O. Box 68
~ranIs Pass. O~ 97526.
November 3, I992
COMPANIES AFFORDING COVERAGE
A. ~erican Hardware bfuzual Insurance
COVERAGES:
[ ] CLAIHS HAD~
~UrOMOBl tt
ACC OW~
SCH~OUL~ ~uros 2-2316885 ~/01/92 ~/01/93
~IREO AUTOS
NON-O~N~D AUTOS
UMBR6LLA FORM 2-2316806 06/01/92 ~/01/93
OTHER THA~ UHBRELLA FORH
Conten=~ Coverage 2~.23~6S~5 ~/0~92 ~3/0~/9~
L1H)T$
eSL ~ 500,0
s 5,000,000
5,000,000
AUTHORIZED REPRESENTATIVE: ~_.-,-.x?__~_~,.
CANCELLATION: SHOULO
:tBS CANCELLEB BEFORE TH~ 6XFIRATIBN BATE THEREOF. T~R ISSUING COMPANY
~Lg EN~EAVD~ TO MAIL 30 DAYS WR~TT~ ~OTI~E TO YHE CERT~F/DATE
CERTIFICATE HOLDER:--Ad~iti. onal Insnred
City of Ashland and Ashland Municipal Airpo
20 E, Main Street
Ashland~ OR 97520
DESCRIPI'ION OF OPERATION.~/LOCAFIONS/VEHICLES RESTRICTIONS/SPEC)AL iTEMS: Ot~ti~]s of ~e'~ R~t-A-~ ~th ~e at the
~hl~ ~zicipai A~ on I~e~ ~d~ R~. ~e Liabiii~ ~cl,yJes coverage fez
officials, ~rployees, ~d agP3lTs ~ additio~!
Limit of LSability: $1,000.00