HomeMy WebLinkAboutFlight Services and Systems - Baggage Cart Concession - Amdt. 1 - 2019 FIRST AMENDMENT
TO
BAGGAGE CART CONCESSION AGREEMENT
BETWEEN
CITY OF FRESNO, CALIFORNIA
(A Municipal corporation)
and
FLIGHT SERVICES & SYSTEMS, INC.
(An Ohio Corporation)
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FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO THE BAGGAGE CART CONCESSION AGREEMENT
(Amendment) is made and entered into as of January 1, 2019, by and between the City
of Fresno California, a municipal corporation (City), and Flight Services & Systems, Inc.,
(Formerly Facility Services & Systems, Inc.), an Ohio corporation duly admitted in good
standing to do business in California (Concessionaire).
RECITALS
WHEREAS, City owns and operates the Fresno Yosemite International Airport, a public
airport (Airport), located in the City of Fresno, California; and
WHEREAS, Concessionaire operates a self-service baggage cart management
business as a service to the traveling public in the Terminal/Concourse Building at
Airport; and
WHEREAS, Concessionaire and City (each a Party; collectively the Parties) have
heretofore entered into a Baggage Cart Concession Agreement on July 1, 2003, and
entered into a Side Letter Agreement to The Baggage Cart Concession Agreement on
March 30, 2006 (Agreement); and
WHEREAS, the parties desire to extend and amend the Agreement upon the terms and
conditions herein set forth.
AGREEMENT
NOW, THEREFORE, the parties intending to be legally bound hereby agree as follows:
1. Article 2 shall be amended as follows:
2.1 Term:
The initial term of this Agreement was for a period of five years, beginning
July 1, 2003, and ending June 30, 2013, and was extended through
June 30, 2018, in accordance with City's exercise of one five-year renewal
option.
The term of this Agreement is hereby extended for an additional period of
five years, beginning January 1, 2019, and ending December 31, 2023
(Extended Term), unless terminated as provided for in the Agreement.
2.2 Automatic Extension:
City shall have the option to extend the term of this Agreement for one
additional and consecutive five year renewal term, upon the terms and
conditions herein, exercisable solely at the discretion of the City.
A. City's exercise of each of these options, or City's failure to
exercise same, shall not require any justification, written or
otherwise.
B. City must provide written notice to Concessionaire of City's
intention to exercise City's option at least ninety (90) days
prior to the then scheduled expiration of this Agreement.
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C. These options are null and void if the exercise of such is or
becomes inconsistent with constitutional, legal, and/or local
law requirements.
2. Article 3 shall be amended as follows:
3.2 Installation of Improvements and Equipment:
Concessionaire shall provide two new complete baggage cart vending machines
to be located in the hallway to baggage claim and in baggage claim, per Exhibit A
of this Agreement. Existing systems in this area, in addition to system in parking
lot, will be removed from the Airport.
3.3 Concessionaire's Rental Charge:
Concessionaire shall continue to charge passengers $5.00 for each baggage cart
with a $0.25 refund for returned baggage carts in Main Terminal. Baggage carts
will remain free for passenger use in the Federal Inspection Station.
3. Side letter dated March 30, 2006 shall be deleted and the following provision
shall be inserted to Section 5.1 of Agreement
5.1 Compensation:
D. The City agrees to pay Concessionaire an annual amount of
$50,000 for baggage carts used by international passengers. This
amount will be paid in twelve equal installments.
All capitalized terms not otherwise defined herein shall have the meaning
ascribed to such terms in the Agreement.
4. Except as amended herein, the Agreement shall be and remain in full force and
effect.
[Signatures on the following page]
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IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO, CALIFORNIA FLIGHT SERVICES & SYSTEMS,
A Municipal Corporation INC.
An ON Corpora
By:
Kevin . Meikle By:
Director of Aviation
QrE$1�oJT r �'.P• o�LnTwS
APPROVED AS TO FORM:
Douglas T. Sloan
City At ey By:
By, IIq/tT Name: FAV
andon M. Collet Date
Senior Deputy City Attorney Title:
(If corporation or LLC., CFO, Treasurer,
ATTEST: Secretary or Assistant Secretary)
Yvonne Spence, MMC CRM
City Clerk
By: i J j q
Date
Deputy
Address for Notice: Address for Notice:
City of Fresno Flight Services & Systems, Inc.
Airports Department 6100 Rockside Woods Blvd.
4995 E. Clinton Way Cleveland, OH 44131
Fresno, CA 93727
Exhibit A- Description of Units Location
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Exhibit A
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Description of Units Location
Hallway to Baggage Claim:
it
Baggage Claim:
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FIS Hall(Along the back wall where the carts are currently):
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