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HomeMy WebLinkAbout11057RESOLUTION NO. 11057 A RESOLUTION APPROVING AN AIR SHOW PERMIT BETWEEN THE MUNICIPAL CORPORATION, AND O'DONNELL & O'DONNELL, LLP, A LIABILITY PARTNERSHIP, AND AUTHORIZING THE PRESIDENT OF EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ CITY OF PUEBLO, A COLORADO LIMITED CITY COUNCIL TO 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 9, 2007 APPROVED: a u d z-" e - ESID NTof City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson Background Paper for Proposed RESOLUTION AGENDA ITEM # / Y' DATE: JULY 9, 2007 DEPARTMENT: AVIATION -JERRY BRIENZA 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 11`" and 12'', 2007. 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's entered into as of lulu 9, 2007 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 giants to Permittee permission to use the Pueblo Memorial Airport, Pueblo ,Colorado ( "Airport ") for purposes of conducting an air show event ( "Air Show'D 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 11 and 12, 2007 commencing at 9:00 a.m. until 4:00 p.m. each day. Event set -up will commence 08:00 a.m. August 9 and breakdown/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 CityFive 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. In 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, will be 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's shall approve in writing on or before August 3, 2007. 6. The Au 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 July 25, 2007 prepare and submit to the D for approval a ground layout, including, without limitation, the locations of vendors, displays, medical aid facilities, restroom areas or other designated areas. Permittee shall also submit by same date a Ground Operations Plan for the Air Show including, without limitation, proposed travel routes outside the designated Air Show area, signage, parking and personnel to be used for parking, safety and security. The Ground Operations Plan approved by the Director shall be adhered to by Permittee to ensure safety of the public. The approved Ground Operations Plan may be changed by the Director based on actual conditions during the Air Show. 8. Permittee shall establish perimeter boudaries at locations designated by the Director. The perimiter 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 perimeter 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 11 and 12, 2007. 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 Three Million Dollars ($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 11, 2007, 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, 2007. 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, 2007. 14. In the performance of Perrnittee'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 part 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 11, 2007. 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, Permttee 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. 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 adtnission 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 Ctty`,C&rk CITY OF PUEBLO By &Lfft- Oresided of the City Council O'DONNELL, LLP