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Guidebook for Developing and Managing Airport Contracts (2010)

Chapter: Chapter 11 - Agreements with Public Agencies and Not-For-Profit Organizations

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Suggested Citation:"Chapter 11 - Agreements with Public Agencies and Not-For-Profit Organizations." National Academies of Sciences, Engineering, and Medicine. 2010. Guidebook for Developing and Managing Airport Contracts. Washington, DC: The National Academies Press. doi: 10.17226/14482.
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Page 74

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Airports are home to a wide variety of activities, undertaken by the airport proprietor, airlines, other private companies, not-for-profit organizations, and governmental agencies, some of which are owned by the same jurisdiction that owns the airport. Except for those activities conducted by airport personnel, airport managers have found best practice to be execution of a written agree- ment between the airport and the party or parties conducting the intended activities. 11.1 Agreements with Sister Organizations Although the agreement may be simple (e.g., a “memorandum of understanding” that may be used between sister organizations of the same owner), there are still critical issues that are useful to cover. These include parties to the agreement, the term of the agreement, the scope of services, indemnification and insurance, and compensation (if any). See CRP-CD-81 (enclosed herein), Appendix to Chapter 11, Agreements with Public Agencies and Not-For-Profit Organizations, for an excerpt from the SFO memorandum of understanding between the airport and another city department. 11.2 Public Art For this chapter, we have chosen to highlight public art as an agreement type that airport managers encounter but which is sufficiently different from other types of agreements for which specific guidance is warranted. Many jurisdictions require or desire that public buildings use some construction funds to acquire art, both to civilize its facilities and to support the arts as a matter of civic good. As facilities frequented by large numbers of local residents and visitors, airports are seen as high-priority sites for the placement of public art. Yet, probably because of the dis- parate environments in which managers of airports and managers of cultural organizations and institutions operate, even with the best intentions of all parties, the programs pose special challenges for the airport, the cultural organization, and the artists. Critical issues include decision-making on cultural pieces and site selection, coordination with the airport’s construction project, maintenance, security, fiscal accountability and, generally, control over the program. See CRP-CD-81 (enclosed herein), Appendix to Chapter 11, Agreements with Public Agencies and Not-For-Profit Organizations, for an excerpt from the SFO policies and guidelines for civic art collection, the SFO memorandum of understanding between the airport and the San Francisco Art Commission, and excerpts from the BWI cultural exhibition agreement. 74 C H A P T E R 1 1 Agreements with Public Agencies and Not-For-Profit Organizations

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TRB’s Airport Cooperative Research Program (ACRP) Report 33: Guidebook for Developing and Managing Airport Contracts is a guidebook of best practices for developing, soliciting, and managing airport agreements and contracts for use by a variety of airports.

The agreements referenced in this guidebook range from airline-related agreements to communication and utility service as well as common-use, ground transportation, and concessions agreements for a variety of passenger services. An accompanying CD-ROM provides sample agreements in each of these areas.

The CD-ROM included as part of ACRP Report 33 is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided below.

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CD-ROM Disclaimer - This software is offered as is, without warranty or promise of support of any kind either expressed or implied. Under no circumstance will the National Academy of Sciences or the Transportation Research Board (collectively “TRB’) be liable for any loss or damage caused by the installation or operations of this product. TRB makes no representation or warrant of any kind, expressed or implied, in fact or in law, including without limitation, the warranty of merchantability or the warranty of fitness for a particular purpose, and shall not in any case be liable for any consequential or special damages.

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