HomeMy WebLinkAbout3428RESOLUTION NO. 3 4 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
FUEL DISCOUNT AGREEMENT WITH AUBURN FLIGHT SERVICE, INC., FOR A
TERM OF ONE YEAR.
WHEREAS, the City of Auburn maintains the sole aviation fueling operation
permitted at the Auburn Municipal Airport in accordance with FAA regulations; and
WHEREAS, the City uses profits from fuel sales to fund Airport operations.
As a City Enterprise Fund, the Airport's only source of funding is through the sale of
fuel and revenues from hangar and ground leases; and
WHEREAS, the City has previously entered into an agreement to offer fuel at
a discount to Auburn Flight Service, Inc., due to the volume of their annual
purchases; and
WHEREAS the existing discount agreement expires in April 2002; and.
WHEREAS, Auburn Flight Service, Inc., has determined that it is appropriate
for the firm to continue self-fueling their own aircraft consistent with FAA regulations
subject to the City imposing a flowage fee, and
WHEREAS, the City and Auburn Flight Service, Inc., have determined that
joint use of the City's new fueling facilities is of mutual benefit; and
WHEREAS, the Auburn Flight Service, Inc. agrees to pay to the City of
Auburn a$0.15 per gallon surcharge over wholesale cost for a term of from date of
the execution of this discount flowage agreement; and.
Resolution No. 3428
March 11, 2002
Page 1
WHEREAS, the City of Auburn agrees to the $0.15 per gallon flow fee for self
fueling for a term of one year from the execution of this discount flowage fee
agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the Mayor and City Clerk are herewith authorized to
execute an Auburn Municipal Airport Fuel Flowage Fee Agreement with Auburn
Flight Service, Inc. A copy of the said Agreement is attached hereto marked as
Exhibit "A" and by this reference incorporated here as if set forth in full.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
DATED and SIGNED this ~ day of March 2002.
J_r!fISURN
PETER B. LEWIS
MAYOR
Resolution No. 3428
March 11, 2002
Page 2
ATTEST:
~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
d"aniel B. Heid,
City Attorney
Resolution No. 3428
March 11, 2002
Page 3
RESOLUTION NO. 3428
EXHIBIT "A"
AUBURN MUNICIPAL AIRPORT FUEL FLOWAGE FEE AGREEMENT
THIS AGREEMENT is made and entered into this ~jday of Aprii, 2002, by
and between the CITY OF AUBURN, a non-profit municipal corporation, located at
25 West Main Street, Auburn, Washington 98001, hereinafter referred to as "CITY"
and AUBURN FLIGHT SERVICE, INC., a Washington corporation duly authorized to
conduct business in Washington, located at 506 23rd Street NE, Auburn,
Washington 98002, hereinafter referred to as "AUBURN FLIGHT SERVICE".
1. Flowaqe Fee.
Beginning May 1, 2002, Auburn Flight Service will pay the City of Auburn, an
estimate of expected fuel sales for the month of May 2002, which includes a flowage
fee of $ 0.15 cents per gallon and any applicable taxes. This amount is due May 1,
2002. The same procedure will occur for the month of June 2002. Beginning April
2002, payments will be made in an amount based upon the actual fuel usage that
occurred two months prior.
3. Availability of Fuel.
Auburn Flight Service agrees that the City shall not be liable for or responsible
for providing fuel to Auburn Flight Service at the City's Municipal Airport or City's
Municipal Airport fuel facilities if such provision of fuel is beyond the City's ability to
Resolution No. 3428
March 11, 2002
Page 1
supply for reasons, including but not limited to, shut downs for maintenance, repairs,
emergencies or as the result of any legal or safety requirements.
4. Term of Agreement.
The term of this agreement is one (1) year, effective from the date of this
agreement as indicated above.
5. Default.
If Auburn Flight Service violates any of the terms of this agreement, such
violation shall be considered a default, and such default shall be cause for immediate
termination of this Agreement by the City upon the City's written notice to Auburn
Flight Service identifying the violation of term(s).
6. Indemnification and Hold Harmless.
Auburn Flight Service agrees to defend, indemnify and hold harmless the City,
its elected and appointed officials, employees and agents from any and all claims,
demands and/or causes of action of any kind or character whatsoever arising out of
or in connection with or incident to the performance of this Agreement, including but
not limited to, Auburn Flight Service's employees, subcontractors or agents for any
and all claims, demands and/or causes of action by any persons for alleged personal
injury, death or damage to their persons or property to the extent caused by the
negligent acts, errors or omission of Auburn Flight Service, its employees, agents,
subcontractors or representatives arising out of its performance of this Agreement
except claims or suits occasioned by the sole negligence of the City. In the event
Resolution No. 3428
March 11, 2002
Page 2
that any suit or claim for damage caused by said Auburn Flight Service's negligent
acts, errors or omission is brought against the City, Auburn Flight Service shall
defend the City at its sole cost and expense; provided that the City retains the right to
participate in said suit if any principle of governmental or public laws is involved. The
provisions of this section shall survive the expiration or termination of this
Agreement.
7. Insurance.
Auburn Flight Service shall maintain in full force and effect throughout the
term of this Agreement the following:
A. Products-Completed Operations Aggregate Limit in the amount of Two
Million Dollars ($2,000,000);
B. Personal and Advertising Injury Aggregate Limit in the amount of One
Million Dollars ($1,000,000);
C. Each Occurrence Limit in the amount of One Million Dollars
($1,000,000);
D. Fire Damage Limit (Any One Fire) in the amount of Twenty Five
Thousand Dollars ($25,000);
E. Hangarkeepers' Each Loss Limit in the amount of Twenty Five
Thousand Dollars ($25,000);
F. Hangarkeepers' Each Aircraft Limit in the amount of Twenty Five
Thousand Dollars ($25,000);
Resolution No. 3428
March 11, 2002
Page 3
G. No X, C, or U(explosion, collapse, or underground exclusion); and
H. City shall be named as an additional insured.
The insurance shall be written by companies licensed to do business in the
State of Washington. An excess or umbrella liability policy may be purchased to
meet the required insurance limits. Certificates of insurance evidencing the
insurance requirements shall be furnished to the City before the effective date of this
agreement.
8. Trainin .
Only those employees of Auburn Flight Service who have completed training
conducted by Auburn Municipal Airport's Director or his/her designee, or Auburn
Municipal Airport's Operations Assistant in pumping aviation fuel are qualified as
required herein pursuant to this Agreement to pump fuel at the City's Municipal
Airport fuel facilities for Auburn Flight Service.
9. Log of Aircraft Fueled.
Auburn Flight Service shall keep a daily log which identifies the aircraft which
has been fueled, the date fueled, the person who pumped the fuel and the number of
gallons of fuel pumped for the identified aircraft. This log shall be available for
inspection and review by the City's Airport Manager or his/her designee, the City's
Planning Director or his/her designee and the Finance Director or his/her designee at
any reasonable time either with or without notice of such review or inspection.
10. Aircraft to be Fueled bv Auburn Fliqht Service.
Resolution No. 3428
March 11, 2002
Page 4
Only those aircraft owned or leased by Auburn Flight Service used for charter,
flight instruction and/or aircraft rental may be fueled by Auburn Flight Service
pursuant to this Agreement. Any fueling of other aircraft than as provided in the
section shall be a violation of this Agreement and a default which is cause for the
termination of this Agreement.
11. Supplies and Equipment.
Auburn Flight Service agrees to provide all necessary supplies and equipment
required for fueling aircraft in order to comply with all regulatory and legal
requirements, including but not limited to Uniform Fire Code Section 52.02.
12. Venue of Any Court Action.
This Agreement shall be governed and construed by and in accordance with
the laws of the State of Washington. In the event that suit is initiated by a party to
this Agreement, the parties agree that jurisdiction of such action shall be vested
exclusively in the King County Superior Court for the State of Washington.
13. Severability.
If any section, sentence, paragraph, term, or provision hereof is determined to
be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any
state or federal regulatory authority having jurisdiction thereof, such determination
shall have no effect on the validity of any other section, sentence, paragraph, term or
provision hereof, all of which will remain in full force and effect for the term of the
Agreement.
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March 11, 2002
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14. Compliance with laws.
Auburn Flight Service agrees to comply with all applicable local, state and
federal laws, ordinances, codes, rules and regulations which apply to its performance
of this Agreement.
CIITY OF AU
PE1NER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APP
FORM:
Resolution No. 3428
March 11, 2002
Page 6
AUBURN FLIGHT SERVICE, INC.
By:
Title:
STATE OF WASHINGTON )
, )ss
COUNTY OF KING )
On this day of , 1997, before me the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared, the Vice President of Operations for Auburn Flight
Service, Inc., the corporation that executed the within and foregoing agreement, and
acknowledged the said agreement to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute said agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
NOTARY PUBLIC in and for the
State of Washington, residing at
MY COMMISSION EXPIRES:
Resolution No. 3428
March 11, 2002
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