HomeMy WebLinkAbout10785RESOLUTION NO. 10785
A RESOLUTION APPROVING AN AIR SHOW PERMIT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND O'DONNELL & O'DONNELL, LLP, A COLORADO LIMITED
LIABILITY PARTNERSHIP, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Air Show Permit, a copy of which is attached hereto and made a part hereof by
reference, after having been approved as to form by the City Attorney, by and between the City of
Pueblo, a Municipal Corporation, and O'Donnell & O'Donnell, LLP, a Colorado Limited Liability
Partnership, for the use of the Pueblo Memorial Airport for the purposes of conducting an air show
event is hereby approved, subject to the conditions as set forth in said Air Show Permit.
SECTION 2.
The President of City Council is hereby authorized to execute said Air Show Permit on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the
City thereto and attest the same.
INTRODUCED July 24, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of Cit Council
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
A JOO. h'10
AGENDA ITEM #
DATE: JULY 24, 2006
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION APPROVING AN AIR SHOW PERMIT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND O'DONNELL & O'DONNELL,
LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Air Show Permit between the City and O'Donnell &
O'Donnell for the use of the Pueblo Memorial Airport for an air show event.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
O'Donnell & O'Donnell desires to use the Pueblo Memorial Airport for an air show
event on August 12` and 13` 2006. The Air Show Permit outlines the responsibilities of
O'Donnell & O'Donnell for the event.
FINANCIAL IMPACT
The City will be paid (5 %) of Permittee's gross revenues derived from all sales of food
and beverage and (2 %) from all other sales, operations and services made, furnished or
conducted on or from the Airport, with the exception of revenue derived from: (1) the
sale of admission tickets; and (2) existing leaseholders on the airport. Also, a damage
deposit of $1,000 is required.
AIR SHOW PERMIT
This Air Show Permit ( "Permit ") entered into as of July 24, 2006, by and between the City of
Pueblo, a municipal corporation ( "City ") and O'Donnell & O'Donnell, LLP, a Colorado limited
liability partnership ( "Permittee ").
In consideration of the mutual covenants contained herein, City grants to Permittee
permission to use the Pueblo Memorial Airport, Pueblo, Colorado ( "Airport") for purposes of
conducting an air show event ( "Air Show ") subject to and upon the terms and conditions hereinafter
set forth which Permittee agrees to perform and be bound by:
1. Permittee will conduct the Air Show at the Airport on August 12 and 13, 2006
commencing at 9:00 a.m. until 4:00 p.m. each day. Event set -up will commence 08:OOa.m. August
11 and break - down/clean -up will terminate by 05:00 p.m. August 14.
2. Permittee shall at its expense engage such employees, vendors, agents and contractors
necessary and required to conduct the Air Show and to perform Permittee's obligations under this
Permit including, without limitation, an air event controller. As to the City, Permittee shall be
responsible for all acts and omissions of its officers, employees, vendors, agents and contractors.
3. For use of the Airport, Permittee shall pay to City Five Percent (5 %) of Permittee's
gross revenues derived from all sales of food and beverage and Two Percent (2 %) from all other
sales, operations and services made, furnished or conducted on or from the Airport, with the
exception of revenue derived from: (1) the sale of admission tickets; and (2) FBO's, Commercial
Service Operators, or food vendors who operate on the Airport under an existing Lease. hi addition,
Permittee shall deposit with the City One Thousand Dollars ($1000.00) as and for a damage deposit
which may be used by the City to repair any damage to City property or for the removal of trash,
debris or equipment from the Airport and the balance thereof, if any, returned to Permittee after full
performance of Permittee's obligations under this Permit.
4. Permittee shall be solely responsible for payment of City sales tax due by Permittee's
officers, employees, agents, vendors, contractors, or other personnel performing services or work
under this Permit.
5. All activities conducted on the Airport by Permittee, its officers, agents, employees,
vendors, or contractors shall be conducted at such locations on the Airport as the Director of
Aviation or his designated representative ( "Director ") shall approve in writing on or before August 4,
2006.
6. The Air Show and aircraft use of the Airport including aerobatic demonstrations shall
be coordinated with the Director, Federal Aviation Administration and Airport Traffic Control and
comply with all federal, state and local laws, rules and regulations including, without limitation,
those that relate to air shows and safety of the air space that surrounds the Airport.
7. Permittee shall by August 4, 2006 prepare and submit to the Director for approval a
traffic control plan for the Air Show including signage. The traffic control plan approved by the
Director shall be adhered to by Permittee to ensure safety of the public. The approved traffic control
plan may be changed by the Director based on actual conditions during the Air Show.
8. Permittee shall establish a flight line at locations designated by the Director. The
flight line shall consist of a solid barrier to prevent any and all unauthorized pedestrians from
entering into the active aircraft movement areas. Permittee shall provide personnel/volunteers to
patrol the flight line to prevent unauthorized pedestrians' penetration of the active aircraft movement
area.
9. Permittee shall take all necessary and prudent measures to ensure the safety of all
visitors to and participants in the Air show and, in addition, will immediately eliminate and remove
any risk identified by the Director, or any other authorized City employee, that might pose an
immediate threat to the health or safety of persons using the Airport.
10. Permittee shall at its cost and expense make arrangements with either the Pueblo
Police Department to provide two (2) police officers or a security firm to provide two (2) armed
security agents, licensed in the State of Colorado, to be present during the hours of 9:00 a.m. through
5:00 p.m. August 12 and 13, 2006.
11. Permittee shall purchase and maintain in full force and effect, during the term of this
Permit, commercial general and air show liability insurance in minimum amounts of $3,000,000.00,
naming the City and its officers and employees as additional insureds for claims of property damage,
bodily injury, or death allegedly resulting from Permittee's activities into, on, and leaving any part of
the Airport. A minimum of three days prior to August 12, 2006, the Permittee shall provide a
Certificate of Insurance for such liability insurance and workers' compensation insurance.
12. The Permittee hereby releases the City and its officers and employees from any and
all claims the Permittee may have or accrue resulting from the use of the Airport and the Air Show.
Permittee shall indemnify, defend and hold harmless the City, its officers and employees from and
against any and all loss, damage, injuries, claims, cause or causes of action, or any liability
whatsoever resulting from, or arising, directly or indirectly, out of or in connection with the use of
the Airport by Permittee or any other person pursuant to or under this Permit including, without
limitation, Permittee's officers, employees, vendors, agents and contractors.
13. The Permittee shall be responsible for all trash removal from the Airport no later than
5:00 p.m. August 14, 2006. In the event of any physical damage done or resulting to any City
property or property of others on the Airport, from the actions, omissions, or operations of Permittee,
its officers, employees, vendors, contractors or agents, Permittee shall immediately repair and restore
such property to its original condition. Permittee shall be responsible for all removal of any
equipment or other items used on the Airport. Removal of all items shall be completed no later than
5:00 p.m. August 14, 2006.
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14. In the performance of Permittee's obligations under this Permit, it is understood,
acknowledged and agreed between the parties that Permittee is at all times acting and performing as
an independent contractor, and City shall neither have nor exercise any control or direction over the
manner and means by which Permittee performs Permittee's obligations under this Permit, except as
otherwise stated in the Permit terms. Permittee understands and agrees that Permittee and
Permittee's officers, employees, agents, vendors, contractors, or other personnel are not City
employees. Permittee shall be solely responsible for payment of salaries, wages, payroll taxes,
unemployment benefits or any other form of compensation or benefit to Permittee or any of
Permittee's officers, employees, agents, vendors, contractors, or other personnel performing services
or work under this Permit, whether it is of a direct or indirect nature, including, without limitation,
providing worker's compensation insurance as provided by Colorado law. Further, it is expressly
understood and agreed that for such purposes neither Permittee nor Permittee's officers, employees,
agents, vendors, contractors, or other personnel shall be entitled to any City payroll, retirement or any
other benefits whatsoever.
15. No term or condition of this Permit shall be construed or interpreted as a waiver,
express or implied, of the immunities, rights, benefits, protections, or other provisions for the City,
or its employees, of the Colorado Governmental Immunity Act or any other law or statute granting
immunity to the City or its employees.
16. In the event of any litigation or other proceedings under this Permit, the court shall
award to the prevailing party its costs and expenses of litigation, including reasonable attorney fees.
Exclusive venue for any such litigation or proceedings shall be Pueblo County, Colorado.
17. This Permit is for the benefit and burden of City and Permittee and no third party shall
have any benefits, rights or remedies hereunder.
18. Permittee accepts the Airport "AS IS" "WITH ALL ITS FAULTS" in its present
condition. Permittee acknowledges and agrees that neither City nor any of its employees, officers or
agents have made any representation or warranty, express or implied, with respect to the Airport or
its condition including, without limitation, any warranties of merchantability or fitness for a
particular purpose or usability in its present condition.
19. Permittee shall notify all affected property owners or tenants on the Airport of the Air
Show at least ten (10) days prior to August 12, 2006. Permittee and its designated representatives
must be at the Air Show and available at all times for contact with the Director and his designated
representatives. If the Air Show is cancelled, Permittee shall immediately contact the Airport
Administration (719 -553- 2760).
20. The persons signing the Permit in the name of Permittee represent and warrant that
they and Permittee are authorized to enter into this Permit and that the Permit is a valid legal
obligation of Permittee, enforceable according to its terms.
21. This Permit is subject to prior approval of the Federal Aviation Administration.
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22. This Permit is subject and subordinate to provisions and regulations of any existing or
future agreement between the City and the United States relative to the use, development, operation
or maintenance of the Airport.
23. Permittee shall not discriminate against any person on the grounds of race, color,
religion, sex, disability or national origin and agrees to charge fair and reasonable prices for
admission to the Air Show and for each unit of services or products provided by Permittee.
24. This Permit may not be assigned in whole or in part by Permittee.
Entered into the day and year first above written.
Attest:
City rk
CITY OF PUEBLO
By
Michael Occhiato
President of the City Council