HomeMy WebLinkAboutContract 200461__
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AViATIOPd DEALER PRODUCT$ $ALE� AGREEI�][ENT
This Agz�eement (Agreement) is made this lst day oFJume 1993, hetween TRITON Fi TEL GRQCTP, INC., a Texas Corporation,
located at Bax 4, i.ave Field �erminal Building, 8008 Cedar Springs, llallas, Texas 'T523�, (I�ereinafter called 3`RITON}, and
C�TX OF FORT WOR�H, a Texas MunicipaliLy, lanated at Fort Worth Spinkss Airpart, 13725 Stone Road, Burleson,
Telcas 76028-2906, ATTN: Ike Thompson, (hereinafter called BUYEB).
TRITON agrees to sell and deli�rer to BUYER or cause to be sald and delivered to �3UYER at the addreas nated above, or to
�uch other location as I3UYER may designate, and on the dates requested by BI7Y�:R fmm time to time, avistion fuel of the
kinda and in the quantitiee requested by �iIYER; and BT7YER agreea to purcha se, receive and pay for such fuel, all in
accordance with the tez�ms and conditions o#' this Agreement. In additian, �RTrOA agrees tn designate ihe TRiTON brand
for use by BUYE.R.
This Agreement shall continne in full fa�rce far a period af three (3} years and contnue thereinafter fmm qear to year until
suspended ar revoked with 30 days written notice by either party.
I, Price
The grice for fuel sold and delivered to BUYER will be tbe sale price posted at TRITONs of�icea as of the date of delivery.
BUYER will be advised of the then-cuxreni sale price at the time of order and may ca�►iu�m the delivery price immediately prior
ta delivery.
II. �erms of Sale
BUYER agrees to pay fur all fue] delivered pursuant to this A,greement promptly, and in accordgnce with the payment terzns
accarded by TRiTON tn BUYER. The payment terma of this Agreemeat will he cL.iermined hassd upon credit information
supplied to TIiZTON. BUYER will be notified hy TRITON of the appmved ierms.
III. �paa�te i�aneaciions
Each shipznent of aviation fuel will aonstit�te a separate transactian, anc� a lapse in any one ar more ghipments will nvt violate
this Agreement as to ather shipments. Hov�rever, if BUYER Faile to comply with the terme of payment specified by TRITON,
TRITON may (i) without notice defer siiipments untilpayments are made, ar fri) upon natice ia BUY'ER, unmediately terminate
this Agreemen�. If t�nis Agreement is ao terminated, TRITdN will not be required to � ake further sh'spments; however, BUYER
rvill not 6e relieved oF any respansibi�itq or liability for making payment fnr a�y shi�ments already made.
N. Finanai�l Responsibility
If the financial reaponsibility of BiJi'�R becomes impaired or u�satisfactory to TRITON during the term af this Agreement,
TRITON may unilaterally change the terms of payment, euch as to require faram B�:Jf�ER advanee casi� payment or seeurity
satisfactory to TRITON, �nd ahipments may he withheld until such payment or eecuri ty is received. 7f suciz payment or �ecurity
is not received withiun $ rsasonable period of time iallowing TRITON's demand, TRIT�N m,�x�pr rin� �=��It �
immediately terminate this Agreement. ��i - _�' � r� i� �
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V. Taaces and Fees +�.,��' �
�++ a� r.
Any domestie or fo�ign duty, tax, aales t�, e�ise tax, airport fee, or ather feee ar c:�arges now ' e ect or lsereattG� �a�e
or assessed, together with any interest, penalties nr other casta levied thereon, which PRITON ox a pl�•,�t�;� �pe re
to �allect nr pa� with reapect �o the produetion, manufacture, inspeciion, transportf.tion, stora _� d: dr�*�u'�th
producta cnvered hy this Agreement, ahall be payable hy BUYER upon demand or ad�ied ta and included in the price C���i�
by �iTYER.
VI, Credit Car�ds
TR�TON agrees to accept and proc�es all credit card sales m�cle by BUYER nn all m� iar oil cards, as well as America.n Exprese,
D�iz�ers C1ub/Carte Blanehe, Diacover, Multi 5ervice, AvCard, Government Cards and VISA/MasterCard, in accordance with the
following conditions:
1. Credii carde w�ll notbe accepted from customera with a mailing address outsic e the i3.5., without apecific prior approval
hy TRitON.. I£, at BUYER's request, credii is extended to a customer with a foreign mailing addreas, ii will be with
the provision that BLJYER assumes all riak of loas resuliing firam the transs.ctioa
2. Credit cards will not be accepted on accounts suspended by TSTTDN becauE e of credit rieks.
3. Credit sales af peirolenm products and lubzi.cating flriids will be limited to tl ie capecity of the airerait plus apglicable
taxes. Miscellaneous charges fnr catez�img, tie-down, overnight atorage, pil.ot aupplies, charta, minor repairs and services
1 �ITdN FUEL Gf�OUP, INC.
Box a q Lov� F=ielp ierminal Buildinp + Dallas, Texas 752�:�+ p(r�4) 357-8481 a FAX (2.14) 9U2-1�3�
wi11 be limited to a total of $600,00 ger transaction. The maximum amount of �ny sales ticket is not to e�cceed �'i4,000.00.
The use af twa or more sales tickets on a�y one transaction to avoid this limit is prohi�ited.
4. It ie the responsibiiiLy of BUYi.R to identi�y the custamer as the rightful holdc�r o�'the credit card. All sales tickeis must
be s_mprinted. No hsndwritten iickete will he accepted.
6. Sales tickets which (i) are miesing proper authorization cadea or (u) are 1legihle ar inoorrectly filled out will be
immadiately returned to BiJYER withaut payment or other action on the pa rt o£ TRITON.
6. �'ar Ameriean Express, Multi Service, AvCard, Diners OIub/Carte Slanche f.nd VTSA/ MasterCard, the card muat be
imprinted on the proper fox�m issued by that card company for processing.
7. To be proceased, ticl�ets musi be reoeived by TRITUN not mare than 25 days after the date of s�3e.
S. Aa a percentage of face valne, salea macle usin� all m�jar oil eompa�y cards w iil be �coepted and paid at 97�; American
�xpress, 96.�i%; Multi Service, AvCard, Diners C1ub/Carte Blancha, Diacover, 97%n; and VISA/MasterCa�rd, ].00�o. Such
percentages may be periodically madified by TRITON to reflect changes ma ndated by the issning company.
9. In the event that an soeaun� is uncollected 90 days fallowing the date o£ %t brlling by TRITON, TRITON reserves
the right ta charge luack ta BUYER 50�0 oF the credit card charge.
10. TRITON will pay BUYER an a weekly baeia for a11 credit cerd invoice$ reoe ived during the prior weelc .Lnvoicea and
recap %rms must be mailed to:
TRiTON FUEL GROUP, INC.
Box 4, T.ave Field Terminal Buildin�;
8008 Cedar Springs, Gate 32
T)allae, Texas 76235
Attention: Cantroller
11. Iian inapeckion or billing nf any credit sale disclosea a failure to aomply with TIZTTON golicies snd prncedure�, TRITON
will charge bxck to BZJiTR the amount originally allowed to SUYER, and BUYER agre�s ta pay auch amot�nt to
TRITON upon dem.and.
12. TRITON resexves the right �o modi�y this Section ugon 30 days written not.ae.
CONSULT THE TRITON CREDTT CARD INFOItMATION SHEET FO:Z SPECI�'IC PR�CEDi7RE5.
VII. 1�ademerks
BiIXER acknowledges that TRPrDN desi�res �o maintain the qualiLy of trademar}:ed products aold nnder this 11�rearnent.
Accordin�lq, BIUYER ;a) will on�y aell, af�'er for sale or adveriise produe�s purchas:d frazn TRITON under iheir respective
�rademarks, trade names and distributiazx brands, as de�ignated by TRiTaN, (h) wil l not mix, blsnd, commingle nr dilute any
oi such products in any manner, and (c) in handling and storing such products, will observe all pre�ent and future saFety rules
and regulation� of all governmental auihorities, as well as the proceduree set furth in E�bit A, entitled "Operating
Proeedures for Airpori Dealers in Tritan �ei Graup, Inc. Prodnets", attach�:d to and made a part uf this Agreement.
TRITON is harehy given the right to examine at any tiina, an.d from time io time, during normal bueiness hours and upon
reaaonable advance notice to BUYER, the contents of BiTYER's tanka, conteiners and equipmeni in which ihe producte
purchased under this Agreement are advertisad, stored, handled, dispensed, sold ax uaed, and to tal�e samples tharefram. If,
in the opinion of TRiTON, any ssmpiee taken �re not praducts sald and purchased �tnder this Agreement, or if sueh pmduota
are not in the conditioa in which delivered hy TRITUN to BUYER, or if BiJFER fails to comply with any other requirement
of this Sectiozy then TR.ITON may at its aption amd upon natioe to Bi7YER, immediutely terminate this �Agreement. BUYL� R
agr�eea ihat ugon ceasing to sell such prnducts or a�y a£ them, or upon termination uf this Agreement, BUYER will promptly
(i) discontinue displaying any trademarka ar trade names appIicable ta such pmducts on trucke, equipment, dispensere, signs
ar other ad�ertising locatinns, (u) return all auch advertising material to TRITON, { ii) relinquish possession of and cease use
of any of TRYTON's equipment which may have been leased hy BUYER far the purpoae of advertising, storage, handliiag,
dispensing, aelling ar using auch products, and (iv) discantinue any ot�er use whatat �ever of euch trademarka or trade names.
V�II. �1'arranty
TRITON regresents and warranta tn BI7iCER that all aviation fuels sold under thie Agreement meet A.S.T.M. epecificatiwns.
TRITUN further represents, wnrrante and guarantees ta BUYER that it conve,�a title to the products aold under this
Agreemant, free snd clear nf all liens and encumbrannes.
BUYER aGknowledges its right and assumes the abligation to promptly inspect, upo�i delivery, all products sold and delivered
pursuant iq thie Agt�eement, and auy cJaims for variance in quality or ahortages of ��uantity will be made, and T.S.iTQN will
be notified and given an nppor�unity to znspect, at the time of delivery to BUYER, The Eailume of BUYF�'t to obeerve thie
provisinn ar the c:ommingling of the products complained of with other products will operate as a waiver of BU��R'� right tv
make any such claim.
�IiiTONs liability with respeet to tihe groducts delivered under thie Agreeinent wi]! be ]imited ta the purcheee price af such
products. Nn claim oF any kind, whether aa to goocis de]ivezed or %r nan-delivery of ,�ods, or otharwise, will render TR.i1`ON
liable for any special, incidental, consequential or egempiary damages.
�ner�rc�ce.t,�a -2-
I%. Force Majeure
Any delay in or failure ai perf'ormance by either TRTFUN ar BUiLER will not constit ute default under this Agreemeni ar give
riae ta any claims iar damages, if and to the extent Lhat such clelay or Failnre is cau$ed by accurrenees beyond the contmi of the
party reapansible far �uch performance. 5uch oecurrences will include, but not be li3 nited ta, ac� of God or the publie enemy;
expropriation or onnfiscatian of facilities; compliance with sny governmental authm�ty; sets of war, rebellian or sahoi�age or
damage reaulting therefrom; embargues ar other unport or export reatric�ion; �ires, tlo �da, explosians, accidenta, or hreakdowns;
&AC� TJ.PtB, strikes, or other aoncerted acts af workmen.
If for any reason TRITON'a supplies af pmduct deliverable under this Agreement are i nadequatz to meet TRITON's contractual
obiiga�ns to itg cuetomera, or ifTRITON determinee, in it� snle diacretion, that it is �ppropriate to iunpase � plan nf allocation,
then, wiihout penalty to TRITON, tl�e obligations oi mRITON under this Agneement wiA be reduced as TIi.iTON may
reasanably determine, ae a par� of a plan of allocation to its customers.
Nothing in this Seciion wiil excuse BUYER fram making paymeni when due for deliveries made under this Agreement.
X. Insu�ance and Tndemnif'eation
BiJYER ag7rees to procure and maintain during the term of this Agreement, the ina irance coverage set forth below:
8elf-Insurance or Coinprehensive General Liability Insurance, with a limit nat less than $1,d00,OD4.40 combined single
limii per aecurnence (t�oclily injuxy and property damage). Coverage should include Premises/ Operations, including
Airport Premiaea, Pmduct/Completed Operatione, Hangarkeeper's I,iahilitq, -ndependent Contractor, and Contractual
Liability including the indemnification pmvieion set forth belaw.
BUY'ER will promptly fuiaiish to TiLYrON a certificate evidencing such inaurance. BUYER a�rees tn obtain proper
endaraement on such insurance policies, naming TRITON as an additional insured. :BYJ3iER agrees that all inaurance policies
required by this Agreement wi.11 p�rovide that the inaurer will not cancel ar r�duce �lie ecope or amount of coverage except on
30 days advance written notice to TRiT�N.
BUYER agrees to indemnify TRITON and aseigneee, officers, rlirectors, agents and employees of TRiTON in xeapect o� and
hoid each of them harmless againat aay a.nd all dameges, loases, liabilities �nd expe oses resulting fmm or relating to the day
to day operatione of BUXER.'s businese subject to applicabie Texas Law.
If BLTYE.R fails to comp�y with tl�e provieions of this Section, TRP�ON may npon natiee tn SUYER immediately oanoel this
Agreement.
Pror�ided that S[JYER procures and maintains during t�e term nf this Agreemant na less than $1,400fOQ6.00 Comprebensiva
General Liability Insurance with the coverages noted above, THiTON will extend to :BUYER Excess Aucraft Pmduct Liability
Insurance in the amount ai $20,0OO,OQ4.00 while uiilizing products eupplied hy TRiT UN. In the evenk TRiT�N can na Ianger
provide such exoesa coverage, BIIYER, at his option, may cancel thia Agreement wi;hin 30 days af caneellatinn notice.
XI. Amendments
This Agreement may be modi�e3 or rescinded anly by a writin� sig3ned �y both of t� e parties.
XII. Termination
Except as otherwise ae� forth herein, this Agreement may he terminated by either party upon �ut less than 30 days written
notice. Termination of this A�eement by either party will nat relieue the partiea af any obligation accrued under this
Agreement aa of ti►e date nFtermination.
R�. Ageigs�ment
This Agreement ia not assig�nable or tranaferable by BUYEx without the prior writ�:en conseni of TRITON.
XIV. Waiver
Na waiver by either party of aqy breach of any of the covenants or conditions to he performed by the other party will be
construad as a wauver of any succeedvsg breach af the same or any other coveuaz�t o t condition.
XV. Notices
All noticea required or permitted ta be given by tUis Agreement will be deemed to be praperly given if delivered in writing
persanally nr sent by mail to TRITON or to BUYER, as the csse may be, at the ad�iress for auch parLy set fnrth above, or to
such other address as may be furnished by either party io the ather in writing. T�e date of pereonal delivery or three days
fnllowing the date of msiling wi113�e deemed to be the date of giving of snch notice.
RVI. Entire Agreement
This Agreem.ent z�epresents Lha entire agreement between the parties with respect t� t11e purchase and sale af aviatian fuels.
�n�r�m�.�� -3-
XVII. Governing Law
THiB AGREEMEi�iT �HAT.I. BE GOVERNED BY AND CON�'1`RUED 1N ACC� )RD.ANCE WITH THE T.AW S OF THE
STATE OF �II�B.
IN �ViTNESB WHEREOF, the partzes have exeeuted this Agreement as oF the day and year First above written.
G�Tii OF FORT WUR,TH
Signed: ' '� �Z ' --. '
Name: .,.... C-�x .,�. � �.�
Title: „�..� . �', t�, � �;�r.
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Signed: �•a �.
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E�LHISIT A
�PERA�Il�1G PROCEDiTFtE� F'OR AIRPURT DE.�I.ERB IN
TIUTON FUEL GROUP, INC. PR�DUCZ �
Z. During the term oF the Ag�+eement, cantinnously and without interruption, BUXER will pr4vide fnr proper stora�e,
hanclling, disgansing and use of the products pumhased unrler the Agreemen�:. TR�ETON will inapeet such storage and
dispensing ec�uipment at the caxnmencement af tkia Agieement and From time t o time, and will advise SUXER in writing
of the suitghility of (i) s�ch equipment and (ii) the methods of BUYER.
II. Ti there is posted, maunted or oiherwise displayed on or in cannection with L i7YER's storage, handling, or dispensing
equipment, any sign, pnster, placard, plat, device or other Yorm of advertiain�; matter, consisting in whole or in part of
the name of TRIT�N or any other trade name, trademark, brand name, lai�el, insignia, syn�bol ar imprint awned by
TRITON or used by TRITON in its business, Bi3YER. will si all times diE:play such materials properly, as well sa
diacontinue the posiing, mounting or display o£ same immediately upon d�r iand by TRITON. BUYER will take no
action which will diminish or dilute the value of such tr�demarks or other iclentifieation owned or used hq fiRiTUN.
III. BL7YER wall routinel�+ perForm the fallowing cheeks and p�eedures to insuie maintenance nf the ]ugh quality of the
aviatian fuel products delivered pursuant ta the Agreexnent:
A. Upon each receipt af fuel from TRITON, ar fzom TRITON's carrier, vi sually inspect pmduets to insure that the
pmduct received is clear, bright, and Sree finm sediment or nther faieign meteriala and is of the praper and
unadulterated color, th�t it is received into the pxoper storage or dispenser for each particular grade of product,
and ihat the storage or dispensar is pmperly marked for that parEiculF.r grade of product.
B. Immediateiy foIIawing each receipt of fuel into storage, al3aw tank oontsnts to settle at least one hour per foot af
liquid height for turbine fuel, and fil�een (15) minutes per foot of liquidt �eight for aviation gasoline, and wzf.hdraw
a�yr water from starage befare withdrawing fuel from stoxage.
C. Daily, and immediately £ollowing inclemen� weather, visually inspect f iel at the dispensing point to insure that
the product is clear, bright and free from sediment nr ather fareign materials, and is oi the proper unadulterated
color. Clean clear hottles anc3/or white porcelain containers will l�e naf d[or the pmcedure.
D. 11t all ti.mes, keep all hatckies and openings aecured against inteniionnl ar accidental inductian of adulterating
substances, and keep dispensing nozzle dust cnvers in proper poeitian �vhen not itt use.
�. Daily, as well as immediately foIlawing each reeeipt af fisel inta atorage, a�d immedistely foliawing any inclement
weather, manually drain any accumulated maisture and sediment fir�m all tankage, filter, ar other wllection
sumps or points.
�. Monthly, operate sutamatic rlrain devices, if any, to inaure proper eger�ting cnnriitian.
G-. Prior to and dnring each delivery of fuel to B[IXER, and prior to and curing each dispensing af fuel by BUY1.R
when atmoepheric temgeraturee are below 40°�', check all sump heate s, if any, far proper functinning.
H. When filter vessels are equipped with presaure gauges, observe %lter � ressvre drop during each de]ivex�y af fuel
by BUI'ER, to ins�re that neither abnormally high nor abnormally lovl rearlings occur, and take remedial stepa
iF any abnarmal readings du occur.
I. Remove and clean all sereens an pumps, lines and diapensing nozzl:� weekip, and mnre ofie;n if signiiicant
accumulations oi debris and sediment are noted.
d. Natify TRTTON af any observation of producte ar system checks that indicate product qnaiity ie not being
maintained, and cease using equipm�nt to dispem�e prodnct until such condition ia corrected.
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TRITOIeT TR�P AGREEI�EI�1T
This Agreement is between TRITON �'UEL GROiTP, INC. (TItITON) and CITY OF F�R'I` WORTH, located in Burleaon,
Texas, {DEAI.ER},
WHEREA�S, TRITON is initiating an incentive program (TRIP Program or Pr,o�ram) purauant to whictz pilota pa�hasing
tha goode and services of the DEA�ER may be antitled to accrue oertain #'anancisl benefits; snd
WHER�+ A5, '�'RTTON has agreed to undertake the sdminietration of and to �narket the TRIP Pragrarra on a nationwide basis,
in arder ta create incentives #'or pilots tn participate in the TRIP Pingram; and
�AiS, the I}EALER hae agreed ta provide certain administrative and otl�er assiatance to T�'TUN in ardar to camp�y
with the TRIP P�ngr'am.
N4W, THE�ZE�'ORE, in cansideration of the premiaes and nther good and valuable conaideration, the reoeipi �nd sufficiency
af whieh are hereby acknnwledged, the parties hereto agree as follaws:
1. TRY'�'ON agrees to estai�lish the TRIP P�grdin sn accordance �vith the puk�liehed guidelines therefore, and to maintain
the Pnngram through December 31, 1993. The partiea ]zereta acknawledge that the TR,TP Pro�rn»a may be extended
by TRITON, in its �ole rliscretion, in the event euccess of the Progr�►n warrants auch extension.
2. TRITON agrees to undertake central administration of the TR.�ln Progra�n, and to timely infarm the DEA��R of any
reaaonable changea to ihe Progr��ra, all of which ckianges are agread ta be binding an the DEALER.
3. TRITON agrees ta market the Progra�n natianwide, to bo�li base gnd transient pilota, to enoourage participation by
s�ch pilots in the ?'R1P Program.
4, DEAY.ER agreea to tra'sn and/or familiarize its �ereonnel with the TR�P Progra»a, and ta prominently.past written
materials relating ta the Progrocm, in ordex to encourage pilo* pariicipation in the P�+ngrar+e.
�. DEALER agrees in administer the TRIF' Prngr�>ra in accorclance witb. t}a�e fnllowing �uideiinea:
a) .A participgting pilot will he entitled to a minianum of two points for each gallon of fuel purchased by such pi3ot.
�el purchase discounts, if granted by the DFA'[..ER, mxy not be hased upnn participetian (or lack t,hereofj by any
pilo� in the Program.
(h} If of%red by the DF,AI.ER {at its sole discretion), a parizcipating pilot will be entitled to a minimum of one point
for each dollar of services and/or parts purc}aased hy euch pilot. Diseounts on services and/or parts, if granted by
the 13EAI.ER, may not ba based upan parCicipation (or lack thereo#} hy any pilot in the Pr+ogr�tm.
(c) At least once every twa weeks, tk�e DEALETZ will sut�mit ta TRI'1'ON all dae�men�ation anrl funds ta ef%ct the
Prograne, inciuciing enraIlment forms, evidence of points earned by pilots, and DE.�.ER contributions of $.01
for each noint to the Progi um.
6. TBITDN agrees that, on an annual baeis, an accounting of TR�P Program funda rais�d and the dispoaitinn thereof
�nay be reviewed by an Advisory Board of TR�TON DEAI.ER,6t.
7. The DF.AI.ER agrees that, in order to continue its participatian in the TRIP Prngrum, DEAI.ER musi remsin a
TR�TON DEAI.ER.. Withdrawals fmzn the Prngrum may be e1%cted upon receipt by TRITON, at least 90 days in
advance, of written nntice of such withdrawai.
AGRE��ll'PO AND ACCEPT�D this let day a£June 1993.
CiTY OF �'ORT W�RTH
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Signad: :.;,�a_ ...-� " - -
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Name:
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$igned: //�/dRrl.t�rar
Jae �. Line
Vice President Aviation
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�'�Ii01� FU�L GF�GUP, INC.
�'���� x�4 � Lore �ie'-i '_ rninal Buil�liny � Dallas, Texas 75235 a(214) 357-BA81 • FAX (214) 902-1637
�
TRTTQN FUEL GROUP, I1RTC.
POIIi�T OF �ALE AGREEiNIE1�T
- — �
TiiITON FL]EL GROUP ie pleased to off'er you this opportunity to particigate i�n the electronic transmittal of credit card
transactione. '�his additional service finm TRITON will both speed up your casi� ffow and neduce your iime spent handling
paperwark.
The hardware to accamplieh thie is a user-friendly Tranz 3S0 proaeasor with attached printer. The installation is eimple and
requires only a phone jack and an electrical plug. The �ack�ine will accept Master�ard and VISA, American Exprese, and Multi
Servace credit cards. Sy pmeessing MastexCard and VISA tl�rough the Trnnz 350, you will continue to qualify for a 0�5
processing fee on these carda. The Am�rican Exprese and Multi Service credit cards will be prooessed at na increase to the 3.59'0
and 3�'o fees that yau are currenily cilarges.
If you desire, TRITON wil� electronically trans%r funds direcily to your bank accaunt if we are currently aending you s man�tal
check. Yau may, of courae, apply credit eard transmittals to fuel putrchases, thereby eliminating more manual labor prepa�+�n
eiiecka. The attaak►ed form needs to lae campleted and returned with thia A.greement to set your accc��ount up for electronic
£unding.
T'ha manual pmcessar that you currently use wilI continue to handle the major oil aampanX and all other cards. As a hack-up
in case of electricai or phone faiiures, you can eontinue tn pracess all cards through the ea[is�ing proceesor. Al� cards prnc�ssed
through the mamual system will incur the 3�'o servioe cha,�ge.
7.'o zndicate acceptance of tha Tnanz 33Q p�raceasor and printer, p�ease sign belew and return this letter to your Salea Manager.
�.'he equipment ie avaiiable now and wilk �e promptlp shfpped upon receipt of this Agreement. 1'be $35.q0 mc�nthly rental
charge fnr each Tranz 330 proceasar wSll lae bi]led with your month�y equipment biliing ei�'ective �he first of the mnnth after
installation.
AGREED '1'O AND ACCEPTED thia lst day of June 1993.
CITY OF �'ORT WORTH
Fort Wort� Spinks Airport
18725 Stone Road
Surlesan, T�as 76028
: ' � - �
5igned: ��—� .�- :'"' ^^�
� i
Name: ac ie,ni c� �,r + r�
Title: ' _ , � : " �'-
.' , .
a1�, � ��s' Jg�
�
Rehar\foA.w.th-pne
TRITON Fi1�L GRqUP, INC:
Box �: • l�us� �isic ferrn�r�al Buila��+� m f3allas, Texas 7523� p(21�) 357-8481 � FAX (214) 902-#637
�CHEDULE OF EQUIP�+IEP3T
LES80R: TRY7.'ON FUEL GRUUP, INC. LE88EE: CITY OF F(?�iT WORTH
Box 4, Love Field Terminal Builcling Fort WorEh Spinks .4�irport
llallas, Texaa 75236 137215 Stone Iiqad
F'art Worth, �xae 76028
EQUIPMENT
�$iTOAf Identif'icationlVlN Nnmber: 1GBI3R34K9KF303434
Description: 1989 Chevrnlet — 750 Gallon— Avgas $efueler
Cammencement Date: June 1, 1993
Monthly I.ease Rate: $535.00
Re-I?�livery �ee: �1,600.U0
AGREED TQ AND ACCEPTED this lst day of June 1993.
C�TY O�' FORT WORTH
Signed: � � .-'��--� ' � ,
� t
NAI]30: . _ r ��.%/� . ; �.✓Ci _
.
Title: 1. ,-s � i! �i`� b
e
Unit Number: 3434
Lease Term: 3 Years
Insured Value: $25,000.00
�� � ���
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�ignea:
-- /�/�Ji��
+ ._�_7. -iiFi'o
V'� President Aviation
s��rvona�a..r�.
�CHEDULE OF EQUIPI�iE1�TT
LE�SOR: TRiTON FUEL GROUF, INC. LE�BEE: CITY OF FORT W�RTH
Hox 4, Love �'ield �rminal Building For� Worth Spinke Airport
llallaa, Texas 76235 13725 Stone Raad
Fnrt Worth, '1`exas 76028
EQUIPMENT
TRITDN Identi%eationNII�i Numher: 1GBG7D1B4KV1D4731
Deseription: 1959 Chevmlet — 2,200 G�llan — Jet-A R,efueier
Commemaement Date: June 1, 1993
Manthly Lesse Rate: $500,40
Re-Delivery Fee: $1,004.OQ
LTnit Numher: 4731
I.ea�e'lierm: 3 Years
Insured Value: $55,OOO,flO
AGREED TO AND ACCEPTED thia 1st day of June 1995.
CITY OF FORT WOR.TH
5igned: c. ��� �� i - � �
/ , ..___ _
Name: " _�er. �.: r`r �s.�5 i�..,�
Title: :. _� r - . L � /i /i/C o .
T�C`i'BT�'UEL GBOUP, TNC.
,�� C�� .01/ h
s��a: / '�y /� r.�/
�ae E: I;ine
��si�en� Aviation �tSi�F��
fleher�fart478Lr1s
� �' ' — - — —
AVIA'I'IO1V REFUELE� LEA�E AGREEIVIEP�T
This Av�iation Refuaier T.ease Agxeement (Lease) is made and entere$ into thia �st ds;� of e�une 1993, by and between TRITON
FUEL GR4UP, ING., a Texas Carporation, Bnx 4, Love F'ield "1lerininal Building, SU08 Cedar Spr;n�s, Dallas, Tezcas 75286,
as LEi�SOR, and CITY OF FORT WORTH, a Texas Municipality, Fort Worth 5pnike Aiuport, 13726 Stone l;oad, �urleson,
Texas 76028-29�6, as I.ESfifEE. Upon the terms and canditinna and for the conaideration set forth hereiu, LE�SOR, h$reby
leases to LE�SEE the equipment (Equzpment) apecificalJy described in the Schedude of Equipmaent {Schedule3 which, w1�en
signed by LESSEE and LESSOR and a�tached hereto and made a part hereo£, aoncititutes a legal and hinding doeurnent,
I. Term of Lease
The term of this I.ease �hall be for the period autlined in ihe Schedule, or the date o:.' delivery of the Equipment, whichever is
later, and continue thereinafter fxom year to year until suspended or revok�d evith 30 days written notice by eifiher party of the
lease;provided, that the minimum term of this Leage shall 6e as outlined in the Schedule, and rnvide further, ihat this Lease
may be ierminated by I.E��OR in accordance with Sectian XII upon breach by LE�ES�E of the terma of this Lease.
II. Rental Payments
As conaideration £ar the lease of t}xe Equipment, LE�$EE agrees to pay ta I�8i50Ii rentals a� outlined in the Schedule, plus
any applicable sales or use taxes each calendar month throughaut the term of �hia i�ea�e, payable at the of�ices of LESSOR on
or befoie the tentli day of each month. Any rental not reoeived hy LESSO$ by the tenth day of each month shall be subject
tn a $15.00 la�e fee.
III. Delivery and Reiurn
The Equipment will be delive�+ed to L.ESSEE at Fort Woz�th Spinks AirQort, and all expenaes of delivery to LESSEE will be
paid by LES�OR. In the event the Equipment daes not reuaain on lease for a minimum of 12 montt�s, LEBaEE agirees to pay
a re-delivary fee as outlined in the Schedule.
N Base oi the Equipm�ent
LESSOR and I.EBSIFE a$ree that the �qui�ment shsll he permanently based a� Fart Woz�th Spinks Airpoxi, located in
Burleson, Te�s. LEBSEE ahall not make any chang+e in such permanent basa with�ut natifying LESSOR in writing of �uch
change and receiving LEBSQR's prior written canaent thereta.
V. Couditiom of the Equipment
Effective 48 haurs fallawing delivery af the �quipment, I.E�SSEE acknowledgea th�t the Equipment is fit for its intended use
and is in good, safe, and serviceable coadition. LE�l9EE further acknowledgee that LEB�EE ie Familiar with the proper and
efiicient use, maintenance and operation of the Equzpment. I,EB�EE agrees tha:t upc�n tez�mination af thi� I.ease, it will return
the �quipment to LE$SOR in as good a condition as when xeceiverl by �.E56EE, normal wear and tear excepted. In the event
L.ES�FE does not return the Equipment in such candition, T.ESfit7R may make ang n:paira necessary tu restore the Lquipment
to such conditian, and LE�SEE agrees to reimburse LESSOR far such partion of ciny expense invalved in such reatoratinn
reasonably attributahle ta LES�EE.
VI. Title
Title to the Equipment remaine with LESSOR, and LESSE� shall nvt permit ,inything to be done to the prejudioe of
T.E�S�R°s title. Y.ESiSEE aha31 keep the Equipment free of liens and encumbrancea.
VII. Maiatenax�ae and Ogeratian�
I.�+ SSEE is thQ operator oithe Equipment and is responeihle fnr all operating casts,' ncluding but not limited to tbe £ollowing:
1. Fuel, oil and assaciated ta7ces.
2. �e cosi of periodi.c maintenance of the �quipment.
3. Any applicatale excise, sales, use ar property t� leviied on the Equipment as a resnit of I.ESSEE's nse.
LESSE� shall maintain the �quipmeni in acenrdance with �he manufacturer's opeiating manual, and shall, as needed or as
prudent operation would require:
1. Furnish all engine oil, transmission fluid, hydraulic i�uide, lubricxnis and aniifreeze and maintnin such lubricants and
iluids at prescribed levels.
2. Wash regiilarly to maintain a gaod appearamce, lubricate the ck�assis, and +:hange oil and other fluida at prescribed
intervals, maintain tu�e preasure, aad rotate, repair and change ti�+es.
T�1TON gUEL GROLI�, INC,
Bax a� Love Fiald isrminal Building � Dallas, Texas 75235 �(214) 357-8481 o FAX (214) 902-1637
3. Prnvide all normgl operating maintenanoe and repairs, including but not li�c ited ta the [oIlowing: furnieh and inatall
sgark plugs, igniiion points and condeneer and adjust timing; aervi.ce air iilY.e r and furnish replacement element as re-
quired; furnish and inataJl oiI filter elemenis at prescribed intervals; replaa: or repair gaskets and oil aeals; furniskz,
install and ac�just all engine accesaory drive betts; fizrnish and inatall eoc�ling ayatem hase� and cnrrect leaks by
tighiening; furnish and install light bulbs, aeal beaz�ae, fuseg, lenses and r�:flectars; maintain and chaxge batteries,
replanish water, clean tarminals and inatall new bsttery and cables; clean en �ine fuel line sediment howls and furnish
and inetall fuel filier elemente; inspect and recharge fire extinguishe� ta msintain in goad warking order; pxnvi.de far
general tighteninq of chaseis, body and tank; furnisii and inatall brake fluid and brake ahoes as required and ad,jnat
brake systems; correct leaks in the di�penaimg apparatus repairahle by tightening and/or gasket replacement; drain
water sumps as r�quired; furnish and instgll new hases and dispensing nazzles; furnish and install replacemeat ground
wiise and connectors; furnish amd install new ground reels; furnieh and inatill repincament windehield wiper blades,
arms and hoses; provide for meter calihrationa; repair or replace the clutch; replace broken glass; furnisii and inetsll
replacemant aviation product filtez�s.
4, Tnspect nozzle screena daily, and clean, repair or replace as neceasary; implement and follaw a regular preventative
mai.ntenance program on the Equipment, especially tbe pumping syatem; mi�intain attractive TR.I'fON decaIs on the
Equipment.
6. Malce all repairs necessitated by LE�SEE's neglect, abuse or by aecident.
LESSOR shall have the right ta inspect the Equipment and to observe and/or require the per�ormance of maintenance work
for purpases of ascertaini.ng compliance with this Section. No modificaiians may be ntade tn the Equipua�ent absent the written
consent of I.EBSOR.
I.E��OR shall maintaia the following camponents ancUor aystems an the Equipmext:
1. Eng'uie, transmission, drive shaft and U joiuts, and difTerential.
2. �zel tank and valves, P.E. pump, meter (other than calibratians), and filter vessels.
3. Air compresaors.
LESSEE agrees that the Equipment ahall be used. eolely by LEBSEE, and solely for the handling and di�pensing of sviation
fuels gravided by or suthorized by LES�OR.
VIII. Warirantiea
LESS�R MAKES NO WARRANTIES, �T�R EXPRESS OR IlVIFLILD, AS TO ANY MATT�T� WHA'1'SOEVER, INCLUDING,
BUT WITHQUT [ IM:XTING TH� GENERAI,��`ii O�' THE FOREGOING, � COPI IiITION QF` THE EQUIPMENT, OR ITS
MERCHANTABILITY OR ITS FITNESS FOR ANY FLTRPOSE; however, LESS�DR assign� to LES�EE, insafar as they are
aesignable, all mannfactnrer, vendor, and/or supplier wax rantie� and authorizea LE8 3EE to enf'oxce sucl� warranties in iie own
name. LESSEE ehall lnak solely to auch manufacturer or vendar for warranty eE:xvice and maintenance. LES�OR does
however, warrant the conciition and maintenance af the equipment for 90 daps.
IX. Insuranee amd IndemniY'tcation th 5-c i�-, ��•. s�,..r-.� ✓
LESSEE agreee that, st ite own cost and exgen.ae, it wiIl insure�he Equipment agrinst all riak of losg or damage, including
iire, theft, and o�her perils, by maintenance of Comprehensive General Liability Insurance with limits oF not lesa than One
Million DoIlars ($1,000,�00.00) and Pl�,ysical Damage Insuxance as outlined in the Sc] iedule. Such insurance sha13 be in a form
and carried with a company or cpmpaniea approved by I.EB�OR..
All of the a£arementianed insurance palicies shall:
1. Provide that I.'EBSEE's insurance shall he pri.mary and nan-contributory to any inaurance maintained by LE�80R.
2. Include s croas liability and sever�bilitq af interest clause.
3. Tnclude a full waiver of eubmgation in favor af LESSOE..
L,ESSEE agrees to obtain proper endorsement on euch insurance policies, naming L]�S$OR as an additional insured and loss
payee, and to furnish LES80R with certificatea evidencing sueh insurance before o.�erating the Equipment.
LESSEE agreea that all ineuramce policies required by this Lease ehall p�rovi.de thai the insurer will not cancel or reduce t3xe
scope ar amount of insursnce coverage exeept on thirty (30) days advance written �,otice to LE9�OR. I.ES$EE's failure ta
procure, maintain, or renew the insurance required umder this C.ease shall cnnstituta a default.
In the event of loas or �mage to the Eqnipment, LE�SE� shall im.mediately report such loss or danoage to I.ES�OR and ta
the insurance carriers underwriting such risk, and shall furnish such information and execute such documenta as may be
required to collect the proceeds from th.e insurance policies.
In the event of damage to tha Equipmeut to an extent less than total deatruction, I ESSEE ie required, dnring the period of
repair, to continue paqing the rentals required by this I,ease. However, in the event of total loss or damage to t�a �quipment
beyond ecanomical re�air as determined by the insurance carrier or carriers furnishng the insurance covering dsmage ta the
Equipment, this Lease ahall terminate, and LEiS�ET aha11 be r�lieved af any furth�,r nbligation to pay rent. In the event of
any losa of ar damage to the Equipment, the prnceeds froxn the insurance shall be p�id to LES80R.
m�r�coK..�rb.�a -2-
LE�SLE agrees to i�xtdemnifq I.ES�50R �nd assignees, ofiicers, directnra, agents aad employses af I�SgDR in reapect of, and
hald each of them harmless again�t a�y and all daraages, losses, liabilities and expec sea (Damxges), resulting fmm or relating
to (i) LESSE�'s �se or mainienance of the Equipment, provided such Damages are nat cauaed by I.ESSOR's sole negGgance
in maintenance nf the Equipment, or (ii) nnnfu]�llment of or failure to perform az�y covenant or agreemeni on the part uf
LESSEE zaade as a part nf or contaimed in this Lease.
%. Assignment
LESSF.I.�+' agrees not to assign this Lease or ar�y interest therein, aublease the E�(uipment or part with gossession of the
Equipment by voluntary act, oparaiion of law nr otherwise.
XT. LEBSOR's Perfax�mance of LESSEE's �bli�;ati.ons
If I.E��EE shali fail to duly and pmmptly perform anp oi its obligatinns under thia Lease, LESgOR may perform any act or
mnke ar�y payment which I���OR deems necessary far ike maintenance and preee rvation of the Equipment and LE6SOR's
title thereto, including paymente fnr sa�isfaction of liens, repairs, iaxes and insu:•anca. All sume so paid or incurred by
LESSOR, together with interest thereon, ab.all be addiiional rental under thia Lease and payable by I.�SSEE to I.�SSOR on
demand. The performanee of any act or payment bq T.ESSOR in acxordance with th s Section ehall not constitute a ralease of
any abligation. nr a waiver of any rlefault on the part of �BSEE.
XQ. Default
In the event tk�at LESSEE is in default ofi any of the covenants or agreementa cantavied in this Lease, other than the payment
of rent, IsESSOR shall give LE88EE noticE of the default and ahall have the opiinn oFimmediately tarmSnating this Lease if
the default is nnt c�xred withiu five (5) days after LE88EE receives ihe nntice. In addition, upan the occurrence of an event of
defaul� and at anp time thereafter so long as the same ehall be cantinuing, LESSOR, through ita employcea ar agents, may
enier upon the premisea where the Equipment is located and take immediate poases aion of the same withoui demand or legal
process and free of all rights a£ L�+ S�EE. LESBEE specifically waives any xight of :�etion it mig}zt otherwise hgve arising out
af sueh entry and repossession., whereupon all rights of LESSEE in the Equipment shall terminate immediaie�y.
In the event of any action, legal nr equitable, by either party to enforce thie Lease or any of its pmvisions, the prevailing party
shall be allnwed a reasanable attorae�s %e to he set hy the court and ta�ced as coat€ in the action.
XIII. Naiices
All notices providQd for herein skxall be given by telegraw or in writing addressed to the party to be served at the addresa set
forth helaw, ar to such other address as may be deaignated by such gaz�y in a writte�n notice:
Tf to LESSOR: TRLT�N FUEL GROUP, INC.
Box 4, Love Field �ermi.nal BuildinE;
8008 Cedar Springs
Dallas, Texas 7623K
Attention: Joe E. Line
Vice President Aviatiun
If io LE�SEE: CTTY OF F�R� WORTH
�o� wo�n s��� �o�
13725 Stone Road
Burleson, Texas 76�28-2808
At�ention: Ike Thompaon
RI.V. Governing' Law
THIS LEASE, AND THE RXGHTS AND OBLI�ATIONS �F THE PARTIES UNI3ER'.l'HIS LEASE, SHALL BE DETERMINED
IN ACCQRDANC� wirH TA� LAWB aF THE STAT� OF TEXAS, NOTWITH:iTANDING TI� PLACE WHERE TI�
EQUIPMENT MAY B� USED OR THE PLACE QVHERE D�LIVERY QF THE EQLIPMENT IS MADE.
XV. �.'rne Lease UCC Filing
A UCC txling s�atement will be made in canjunction with thie Lease. This is to record a Trne Lease. TJus iinancing stateznent
ie heing filed soleIy as a precaution if, cantrary ta the intentinne of the partiee deacrit ed herein as LElS�EE and LE��OR, the
transaction relating to the pmperty described on t�e $ehea[uIe of Equipment, is df emed to he other than a lease within the
meaning of I201 (37) of the Uniform Commercial Cade.
Equipment as more specificelly descrihed on the Schedule of Eqrcapment and inwrporated herein bp reference, and in and
against any and all substitutions, replacements or exchanges therefor, and any and all ins�ran� andlar ather praceeds thereof.
IC�. EntRe Agreement; Amendment
m�rre�cu.�ta -3-
The terms and conditiona of this Lease aonstitute the enti�re agreement among the pF�rties with respect to the Equipment, and
supersede all previoua ar contemporaneoue negoiiatians, representationa end agream�:nts between the partiea, wheiher written
ar oraL This Lease may loe amended nnly by a written instrument ejcecuted by LEE�SOR, and i.ESBEE.
IN WIfiNESS WH�RE�F, the garties hereto have exeeuted tisis I,eaae as of the de.te iust set out abave.
CITY OF FORT WORTH ��' ��� �� ��
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, � � �
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Signed: " -.� _ _" Signed: r
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N6IIlC: �rr r_ • v�r i 1/�r A F.� V•' /
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AP � P5 �k ��fCY:
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AVIATTOI�T REFUELER LEA�E AGRE��+IE1�TT
Thie Aviation Refueler Lease Agreement (Lease) is made and entered into this 1st da r of June 1593, by an d between TRITON
FL]EL GROUP, INC., a Texas Corporation, Snx 4, Love Field Terminal Bui�ding, E008 Cedar Springs, Dallas, T�ae 75236,
as LE�SOR, and CITY OF FORT WOR�i, a Texas Municipality, Fort VOorF� Spn �ke Airport, 1372b Stane Road, Burleson,
Texas 78028-2806, as LE��EE. Upan th� terms and conditions and for the eonaidE ration eet fortli herein, I.ES�OR hereby
leases to I.EBSEE the equipment (Equipment) specifically deaaribed in the Schedule af Equipment (Schedule) whinh, when
eigned hy LE�SEE snd I�EES�OR snd attaci�ed hereta and made a part hereaf, conf:titutes s legal and binding doeument.
I. Term oP Leaee
The term of thie T.ease ahall be for the periad outlined in the Schedule, or the date o F delivery of ihe Equipment, whichever is
later, and continue thereinafier from year to year until suspended or re�oked wiih 30 days written notice by either party af the
lease, provided, that the mi,,;mum term af this Lease shall be as outlined in the Schedule, aud provided, fuz�tb.er, that thie T,ease
may be terminated by LE�SOR in aceordance with Section XII upon breacii by LEEiSEE of the terms of this Lease.
II. Rental Payments
As consideration far the lease of the Equipment, LE:48 �+ agrees ta pay to LE$�OR rentals as outlined in the 8chedule, plvs
ar�y applicable sales or uee t�es eactz calendar monti� throughant the term of this I.e ase, payable at the offices nf LE8�50R on
ar hefore the tenth day of each month. Any rental not received by LESSIOR by the tenth day af each month etnall be eubject
to a $15.OQ late fee.
III. Delivery ax►d Retwr�n.
The �quipment will be delivered to LESSEE at F'nrt Worth Spinks Airpart, and all expenses of delivery ta I.ES�IEE will he
paid by LE$SOR. In the event the Equipment doea not remain on lease for a minimum of 12 monthe, LESSEE agrees to pay
a re-delivery fee aa outlined in the Schedule.
N. Base of the Equipment
LESSOR and LESSEE agree tlzat the Equipment shall l�e permanently based et T+'ort Worth Spinks Airport, located in
$urleson, Texas. LES�a`EE shsll nat make aAy change in such permanent base with �ut notifying I,EBSOR an writiang of such
change and receiving LES�OR's prior written consent �hereto.
V. Coadition oF the Eqnipment
Ef�'ective 48 haurs foilowing delivery of tha Fquipzaen.t, T.ESSEE acknnwledges that the Equipment i�s fit £ar its intended use
and is in goad, safe, and serviceabla condiiion. LE8$E� further acl�wledges that LESSEE is familiar with the proper and
efficient use, main�enance and aperation of the �qnipment. LESSEE agrees t.hat upc �n terminatian af thi� Leese, i� will return
ihe Equipment to LES�OR in as good a condition as when received by LE��4EE, normal wear and tea�r e�epted. In the event
LEBSEE daeg not return the Ec}uipment in such condition, I.ESSUR may make any n.pai� rneceesary to reatore tlze �quip�ent
L-o such conditioz�, and LESSEE agrees tn reimburse LESSOR far �uch Qortion ni' :my expen�e invalved in such reatoratian
reasonahly attributaUle to LE86fE�.
VL Title
�tle to tlte Equipmeni remains with LE�SOR, and LESSEE sY�all nat permit �nything to be done to the prejudice of
T.EB,SOR's titie. LESSSEE shall keep the Eqvipment free of liens and encumhrances.
VII. Maiatemanee and Operation
LESSEE is the opera�ar of the Equipment and is respaneible %r all operating casts, : ncluding but not limited to the Following:
1. �el, ail and assaciated taxes.
2. The coet of periodic maintenance uf the Equipment.
S. Any applicable exciae, sales, use or property tax levied an the Equipment as a result of LESSEE's use.
I.ESSLE shall maintain the Equipment in accordance with the manufaeturei's apen ating manual, and shall, as needed or as
prudent aperation wauld require:
1. i�rnish all engine ail, tranemiseion fluid, hydraulic fluids, lubrlcanta and an1 ifreeze amd maintain sueh lubri.eants aud
�luids at prescribed levels.
2. Wash regularly to maintain a gaod appearance, lubricate ihe chassis, and � hange pil and other fluids at pr�scrihed
intervals, maintain tire preseure, and rotate, repaix and chazAge tianes.
T�tITON FUEL GROU�, INC.
Box 4 B Love Fielci Term�nal Buifdin5 � P�Ilas, T�x2s �b235 ��214} 3��-84S1 � �=AX (214) 90� 1651
3. Provide all normal operating maintenance xnd repaira, including but nat li�ited t�a the foliowing: �'u�rnish and install
apark pluga, ignition points and oondenser and adjuat timing; seivice air fiiter and furnish replacement element as re-
quired; furnish and instaIl oil fiIter elements at prescrihed interv'als; replacc� or repair gaskets and ail seals; furnish,
install and adlust slI engine acaessory drive belta; furnish and install coc�ling system hoses and correct leaks by
tightezaing; furnish and install light hulba, seal heams, fuses, Ienses and r�flectors; maintain and charge batteries,
replenish water, clean ierminals and install new batte�ry and ca�les; clean en3ine iuel line sediment bowls and furnish
and inatall iuel iiiter elemenis; inapect snd reeharge f►re e�inguishers to mf.intain in good worl�ing order; provide for
general tightening af claasazs, body and tank; furnish and inatall brake fluia and brake ahoes as requi�+ed and adjust
brake systeme; correct leaks in ihe cii�pena9ng apparaiva repairahle by tigrtening and/or gaaket replacement; drain
water sumps as required; furnish and install new hoses and dispensing nozzle e; furnish and install replacemeni groupd
wire and cnnnectors; furnish and install mew ground reels; furnish and inst�ll replacement windahield wiper blgdes,
arms and hasee; pravi�de for meter calibrations; repair or replace the cl�teh; replace hroken glass; furnish and install
repl�cement aviation p�roduct ffiters.
4. Inspect nozzle ecreena daily, and clean, repair ar replaee as neceseary; implement and follow a regul�r preventative
m�intenance program on the Equipment, especially the pumping syatem; IIu �intain attractive TRTTON decals on the
Equipment.
5. Make all repairs necessitated by I,ES$�E'e neglect, abuae or by accident.
IsESSOR shall have the right to inspect the Equipment and to observe andlor requi re the performance of maintenance work
for purpases of ascertazning compliance with thia Section. No modificationa may he n iade to the Equipment absent the written
consent af I ESSOR.
LESSOR, shall maintain the following components and/or eystema on the Equipmert:
1. Engine, transmission, drive �haf� and U;jaints, and differential.
2. �el Lank and vslves, P.E. pump, meter (otlier than calibrations), and filter vessels.
3. Air compressars.
3.ESSE� agrees that the Equipment sha11 be used solely by LESBEE, and solely fo:• the h$ndling and dispensing of aviation
fuels provided by or authorized }ry LES�OR.
VIII. VParrnntiss
LE3580RMA1�SN0 WARRANTIES, EITi�R �XPRESS QR IMPLIED, AS T� AN'Y' MA'T"I'ER WFIATSDEVER, INGLUDING,
BUT WITHOU`1` LIMITING � GENERALITY OF Tf� FORECDING, TI� CONDTl`ION O� � EQL3T1311+I�NT, QR �`P5
MERCHANTABILITY OR ITS FITIVE�S FOR ANY PURPQSE; however, T.E��OR assigns t�o LESBEE, ineofar a� they are
aesignsble, sil manufacturer, vendor, and/or supplier warranties and authorizes I.E83EE to enfoxce such warranties inite own
narne. I.ESgEE ehall look solely to such manufacturer nr vendvr for twarranty sarvice and ndaintenance. I�+'SSOR does
howa�rer, warrant the candition and maintenance of the equipment for 90 days. , i�
IK. Ineu.ranae �tnd Indemn'�f'xcatian o�_ ,�� �_ t µ�o �
LESSEE agrees that, at its own coat and eicpense, it will insure�he �quipment agt�inst all risk af lnas ar damage, includi.ng
fire, theft, and ofher perila, by maintenance of Comprehenaive �eneral Liabili�y Inaurance wiih limits of not less than One
Million Dollare ($1,d00,000.00) and Physical Damage Insurance as outlined in the Scliedule. Such inaurance a�all be in a form
and carried with a company ar companies approved by I.ESSOR.
All of the a%rementioned insurance policies shall:
1. Pravide that I.ESSEE's insuranca shall be primary and non-contributory io any insurance maiurtain.ed by ���OR.
2. Include a croas liability and severability of interest clause.
3, Include a full waiver of euhrogation in favor of LES350R.
LESSEE agrees to ohtain pmper endursement an s�uclt insurance po�icies, naming L1��80R as an additional insured and lass
payee, and to furnieh I.ESSOR with certif"�catea evidencing such insiarance before o_�erating �he �quipmemt.
LESSEE agreea that all inaurance palicies required by t�is Lease shall provide thai the insurer will not cancel or reduce ihe
scope or amount of insuranoe coverage except on t}airty (30) daya advanee wriiten ratioe to E.ESS�R. I.ESSEE's failnre ta
procure, maintai.n, or renew the insurance rec�ired under this Lease shall constiiuta a default.
In the event of loss or damage ta the Equipment, LE�SEE shall immediately reporl such losa or damage ta LES�O$ and to
the insurance carriere underwrit9ng such risk, and shall furnish sucii information and execute such documents as may be
required ia callect the proceeds from the insurance po3iczes.
In the event of damage to the �quipment to an extant less than total destructinn, I�88EE is recXuired, during the period of
regair, to cantznue paying the rentals required bq this T.ease. Hawerer, in ti�e event oftota! lose ar damage ta the Equipment
beyond �oonomical repair as determined by the insurance carrier or carriers furnishng the inauranee covering damage ta the
Equipment, thie Lease shall terminate, and LE�SEE ahall be reiieved of any furth�:r obligation to pay rent. In the event of
any loss af or damage to the Equipmani, the proceeds from the insurance shall he p�d to LES80R.
��r�o„+�.as -2-
LE�SEE ggrees to indemnify �El9SUR and assignees, oi�icers, directars, agents and emgloqees afLE�50R in reepect of, and
hold each oFthem harmless against any and all damages, losses, liak�ilities and eacper ses (Damages), resulting from or relating
to (a) LE�BEE's use ar maintenanca a� the Equipment, provided such Damages are nat caused bq r.ESSOR's aole negligence
in maintenance af the Equipment, or (u) nonfu].fillment of or failure to perform si�y wvenant or agreement on the psrt of
LESSEE made aa a gart of or cqnt�ined in this Lease.
x. Ag9itgnment
LEBSEE agrees not to aeaign this Lease ar ax�y intexest the�rein, eublease the E�Kuipment or part with passessinn of the
Equipment by voluatary act, operation of law or otherwise.
%I, LE880R`s Performance of LE815EE's Ohli;;atione
If LESSEE ehall fail tn duly and promptly per�'nrm ttny af its obligations under ihis Lease, LES�OR may perform any act or
mnke any payment which LE890R deexns necessary for the maintenance and prese rvation oF the Equipmant and I.ESSOR's
title there�o, including payments £or eatiafaction af liens, repairs, taxes and inau ^anee. All eume so paid or incurred by
LES90R, together with interest thereon, shall be additional rental under this Lease and payable hy I.E6SEE to LES30R on
demand. Tiie per#'ormance of any act or payment bq LESSOR in accordance with th.s Section ehall nnt constitute a relesse ai
any a5ligation or a waiver af any ciefault on tk�e part of �.ESSEE.
�I. Default
Ln the event ihat I.ESSEE is in def�ult af any of the cavenants or agreemenis contauied in this Lease, other than the gayment
of rent, LES3�OR shall give �ESSEE notice of the defaul.t and shall have the option of immediate�y terminating this Leasa if
thQ default is not cured within �ive (5) days after LE8�5EE rec�ives the notice. In additian, ugon the occurrence o£ am event of
default and at any iime thereafter so long as t]ze same shaZl he oomtin�ing, LESSUR, through its employees ar agents, may
enter upon �he preinises where the Equipmen� is located and take immediate poases aion of the same withaut dem�and. or lagal
proeess and f4�ee of all rights of LE��EE. LES�SEE specifically waives any xight of :�ction it might oiherwise hava arising out
of suah entry and repossesaion, wherenpon sIl righis af I.ESSEE in the Equipment shall tcrminate immediately.
In the event of any actian, ]egal or equitable, by either party to enforce this Lease ar any nf its pmvisions, the prevai3ing party
shall he alIawed a reasonable attnrne�s fee to he set by the court and taxed as mst� in the action.
XQI. Notices
AIl notices provided for herafn shall be given by telegram or in writing addressed to the party to be served at the address eet
forth below, ar tn such ather addrese as may be deszgiaated by snch party in a writte:n notice:
If to LuEBSOR; TIiiTUN F'IJET. GROUP, INC.
Box 4, Lave F�eld Terminal Buildin�;
8008 Cedar Springs
Dallas, Texas 76235
Ati�:ntion: Joe �. Line
Vice President Aviati�m
If to LESSEE: CITY OF FOR� WORTH
Fart Worth Spinks Airport
13725 Stone R�ad
Burlesan, Telcas 76028-2906
Attentfan: Ike Thomps.on
XIV. Gaveraing Law
THIS LEASE, AND THE RIGHTS AN!] OBLIGA7`TONS O�' Tf� PARTIES iTNDER'CHIS LEASE, SHALL BE I7�2'ERMIIVED
IN ACCORDANCE WITH THE LAWS OF"PHE STATE OF TEXAS, NQTWITH�iTANDING'1`I�E PLAC� WHERE THE
EQUIPMENT MAY BE USED OR THE PLACE VoHET� 1]ELIV�RY OF THE EQiIPMENT IS MA,DE.
XV. �4ue Lease IICG Fiili�ng
A UCC filing statement will be made in wr�junctinn with this Lease. 'I`his is to rec�rd a�ue Lease. This %.nancing statement
is being filed enlely as a precaution if, cantraxy to the intentions of the parties descrited tnerein as L.ESSEE and I.�Sf50R, the
transaction relating to the pmperty described an the 5chedule nf Equipment, ia dc emed to be other than a lease within �Y.he
meanir►g of I-201 (37) of the Uniform Comiraercial Code.
Equipment as mare speci�cally desc�ribed on the Schedrsle of I:quipment and incarporated herein �y referenoc, and in and
against any and alI aubstiLutions, replacementa ar exchanges therefor, and any and a] l in$uranae and/or other proceeds thereof.
XVI Entire Agxeennemt; Amendment
maeter\fa4wRh.dA -$-
The ierms and conditiona of this Lease can�titute the eniire agreement among the pf�rtiea wiih respect ta the Equipment, and
s�persede all previous or contemporaneaus negotiatioms, z'epx'esenta�ions and agreem�nnts betWeen ihe parties, whether written
or oral. This Lea�e may be amended anly ioy a wriiten inetrument executed bq LEE�SOR aad I.E�9 �'E.
IN WITNESS WHEREDF, the parties b.exeto have executed this Le�se ae of the da.te first set out alonve.
CI'T'Y OF FORT WORTH
Signed: _ � � � �
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Name: i _- . _ _ . .' � �, i
Tl��e: �� ,�r I ��'/' r �t �.
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�AT� RE�'�lt�N�E F�UFi��R ��� �1d�1E PAG�
---. _.. . 06/15/93 � �C�138i5 � 55TRITON � I af 3
SU�aECT SI�PPLEMENTAL APPROPRIATION ORDINANCE TO RATTFY
AGREE�ENT WiTH �fRITpN FUEL GROUP, INC. FOR TIiE
FUEI.ING TRUCKS A7 SPINKS AIRP�#2T
RECOMMENUATIQN:
It is recammended that t�e City Council:
AN EMERGENCY PURCHASE
PURCHASE OF F'Ufl. AlVD LEASE QF
1. Ratify the action taken by the City Manager to assume interim management and
operation of the FSO services at Fort Worth S�inks Airport, and
2. Approve an nrdinance increasing t#�e esiimated receipts and appropriations in the
Airport Fund in the amount of $�5,040.00 fram increas�d revenue from the FBD
operation ai Fort Worth 5pinks Airport, and
3. Apprave the purchase of aviation fv�ls, s�pplies, an aircraft tow-bar and tug for
$4�,145.00 (est�mated througfi Sep�ember 30, 1993}, and
4. Approve the mor�thly lease agreement for two (2) fuei dispensing trucks from Triton
Fuel Group, Inc., far $4,140.00 (estimated �hraugh September 30, 1933)� and
�
�. Approve the addition of four (4) SO-1 personnei to provide the �BO servzces.
DISGUSSION: �
in August of i992� following the contract ter�ination w�th the previous Fixed Base
Operator (FBO), Jim Webb, d/h/a Fnrt Worth Spinks Aviation 5ervices, Inc., the City's
Depariment of Aviation entered into an Interim Agreement with All�ed Aviation, Inc.,
for fuel dispensing and aircraft servicir�g at 5pinks Airport. Since the start of
services on August 24, 1992� Allied Aviation� Inc., ha� been providing services or� a
month-�o�month basis. According ta the Interim Agreement, either party had the right
to cancel by giving 30 days rtotice to the other.
During ihe past n�ne manth�, Allied Aviatian, Inc., has consist�ntly been late with
monthly rental and fee payments to the Department a� Aviation. Due to the late
payments� late charges {1Q% of the monthly rent) amounting to $362.88 F�ave accumu�ated
to the A11ied account which they have refused �o pay. As a result af �abit�aal
delin�uer�t payments to the City of Fort Warth, Allied Rviationi Inc., was R�tified that
their Interim Agreement with the City 'nf �ort Worth would be canceled effective Ju�e
1� 1993. Allied did r�ot respond to the notice and chose to termina�e aperatians at
Spinks Airport� effec�ive June 1� 1993.
Prior to the cancellatian of the Interim Agree�ent with Al�ied Aviation,. Inc., the
Departmen�t af Aviation saug�rt out potential FBO fuelers to serve the flying pu�lic at
5pin�Cs Airport. Exis�ting FBOs at Meacham Airpor� and some start-up proposals from new
operators w�re considered. However, the various arrangements proposed by potential
fuelers were not cost beneficial ta the City. �ach arrangement would have meant a
substantial lass in aperating revenue ta the Department of Aviation. In each Case� the
proposer wanted "all" or half of the tatal monthiy hangar and office rental incame now
� Printed o� recycled pap
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D��� a�,f EiaE�fC� NL�E�B�R L{�G �1Ai�� PAG�
06l15/93 I �Cd1387� � 55TRITQN I 2�f 3___
SU�J�C� SUPPLfMENTAL APPROPRIA�ION 4RDINANCE T� RATIFY AIV EMERGENCY FURCHASE
A�REEMENT WITH TRIiON FUEL GROUP, INC. F4R 7HE�PURCHAS� OF' Fl7�L AND L.EASE OF
FUELING TRUCK� AT SPIhIKs AIRPORT ____
received by the City which totals $2,325.00 monifi�ly. Our last potentia] fue�er did not
reject the arrangement until 6:30 p.m. on May 31� 1993; therefore� effec�ive June lt
i993, it became necessary for the City to assume respansibility for the manag�ment and
operation of the FBU services on an emergency basis. Our primary users at Spinks
Airport are American Air Ambulance (Teddy Bear Air/Cook Children's Haspital) which
reauires 24 hour serwice ta mair�tain t�eir air amb�alance service, and the tenants of
the Oak Grove Area.
The Department o# Aviatian will issue a request for proposal ta solicit vendars ta
manage the FBO beginning October 1, 1993. Add3tional�y, t�e department will accumulate
data for the City Cour�cil �o compare and approve either an independent FBO or In�Nouse
operation.
During tne 1993-94 8udget Cycle, a program impravem�nt decision package far cantinued
City o�eration of the FBO services will be submitted to C�ty Counc�l for cansideration.
�he revenues and expenditures anticipated during the four month interim period are as
f4�7QWS:
REVENUES
$75,Q04.0�
(fuel/misc, sales)
EXPEfVDIT�IRES
Persannel
Supplies
Suppl�es, Fuel
Used Equipment
�is,�a�.ao
2,000.00
& Truck Leasing 44,].45.00
� 4,40�.00
$75,QU0.0�
Totai
$67,132.OQ
The init�al purchase of fuel amo�nted to $15,570.Q0., We estimate to�al cost of fuel
�urchases until the end of th� current fiscal year to be $44,145.00 based an current
fuel flowage records, and we will need the two existing fue� dispensing trucks at a
lease fee of $1,035.00 monthly which is inc��ded �n �he $44,�45.OD figure. We wi�l
also n�ed to acquire an aircraft taw�bar and a used aircra�t tug to operate the F80.
These items will cost $4,000.00. �ersonnel costs are estimated at $16,987.40 with
miscellaneous supplies ta cost $2,000.04. �
�he estimated revenue is bas�d on past average monthly fuel deliveries af 6,667 gallons
of IOOLL Avgas and 5��997 gallons of Jet�A. The estimated sales revenue was deve�aped
�sing an average fuel sale prfce af $1.701/Ga]. for 100�� Avgas and $1.656/Cal. for
Jet�A with a'respective current fuel supplier purchase price of $1.D95/Gai. and
$0.8351Ga1. The resulting $75,Q00 generated in revenue is an estimate which is
adjusted d.own to reflect the expeeted fluctua�ion in the marlcet prices.
Fuel pric�s ta the flying publac will be adjusted on a monthly basis dependent on the
change in price of fuel provided by Tritan, the fuel supplier, and the need ta maintain
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D5/1.�193 I C-�3�7.�'i I 55TRITON I 3�f 3
SU���C�' Sl1P�LEMENiAL APPROPRIATION OR�TNAEVCE TO RATIFY AN EMERGENCY PURCHASE
AGR�EM�NT WITH 7RITOH FUEL GRO�1P� iNC. FOR TN� PURCHASE OF FUFL ANn L�ASE OF
FUE�,ING TRUCKS AT SPINKS AIRPORT
a positive cash flaw in the FBO operation. Q�r mark�up will range from 25� to 50%
a��Ve cost, dependent on markei conditions. In addition to heing the fue] supplier�
7riton will provide two dispensing trucks to iMe City under a month1y lease agreement.
�our of the five fueler certified personnel necessary ta �erform ihe fueling service
will need to be transferred fram �heir farmer emplayer, Al�ied Aviation, Inc., �a the
City of Fart 1�arth Department af Aviation effective �Iune 1, 1993. T�ese personnel will
work as Temporary SO-1's until a decision on the permanent status of the FBO operation
is made by City Council durir�g the 1993a94 Budget process.
FISCAL, INF'ORMATION/CERTIFICATION:
The Director of Fiscal 5ervices c�r�ifies that upon approval of the supplementa1
appropriation or�inance funds will be avaiiable in the current operating budget, as
appropriated, of the Airport Fund.
RG:a
5ubr�itted fpr City qanageris FUk� ACCpUqi CEATER +4q�Ui�T
Office by: (to)
' PE40 51221Q 0556002 $1b,987.0
PEao� - �Zzo3a a5�saaz �2,000.a
Ramon Guajardo 6143 PE40 �22170 05560Q2 $44,145.0
Originaiing �eparfr.ient Head: ' PE4t? 539120 0556a02 �7,868.0
PE40 5413fi0 0556Q02 4,OOa.O
PE40 469182 0556002 $75,0�O.00
A. �. Rivera 540: (fror�) - - - ---
For A�ditianal Infar�4�on
con�act:
�
�IIY SEC�EYR�Y ��
�PPROV��
CfTY C�UI�CI�
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Clt� �i}r oi Ih�
Cifp aE �ori Worth, Ye�s
Adapted Ordi�ance Plo��
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