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HomeMy WebLinkAboutR-2017-091 Airport Use Agreement with the US Air ForceA RESOLUTION RESOLUTION NO. R-2017-091 authorizing the City Manager to execute an airport use agreement with the United States Air Force, to lease property located at 2300 W Washington Avenue and 2012 S 16th Avenue to support the 2017 Mobility Guardian military exercise WHEREAS, The City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations, and WHEREAS, the Yakima Air Terminal -McAllister Field has land available for lease within parcel number 181335-31001, located at 2300 W Washington Avenue and 2012 S 16th Avenue, and WHEREAS, the City of Yakima and United States Air Force have negotiated terms to lease a portion of said parcel to the United States Air Force, which lease includes a license to occupy both properties to participate in the 2017 Mobility Guardian military exercise, all terms and conditions of which are set forth in the "Airport Use Agreement" attached hereto and incorporated herein by this reference, and WHEREAS, the City Council has determined that approval of such lease agreement will promote the purposes of the Yakima Air Terminal -McAllister Field, will promote increased aviation safety as well as the general health, safety and welfare of the citizens, and is in the best interests of residents of the City of Yakima, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and administer the attached and incorporated Airport Use Agreement with the United States Air Force, for a land lease of Yakima Air Terminal -McAllister Field property to be used in support of the 2017 Mobility Guardian military exercise, which lease agreement is attached hereto and incorporated herein by this reference ADOPTED BY THE CITY COUNCIL this 18th day of July, 2017. ATTEST Sonya d\ i a Tee, City Cler AIRPORT USE AGREEMENT BETWEEN THE YAKIMA AIR TERMINAL-McALLISTER FIELD AND THE UNITED STATES AIR FORCE THIS AGREEMENT, executed this I q day of 7u (y , 2017, between the YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington, hereinafter referred to as "YAT", and the United States Air Force, an agency of the United States federal government, hereinafter referred to as "USER". WITNESSETH: WHEREAS, YAT operates the Yakima Air Terminal - McAllister Field, hereinafter referred to as "YAT"; and WHEREAS, YAT has approved facilities available for use as provided by this Agreement and USER desires to use such facilities in accordance with this Agreement, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. PREMISES: YAT does hereby agree to allow USER, and USER does hereby agree to use on an "as needed basis" as defined herein: A. approximately 9,805 square feet of land at 2012 S. 16th Ave in the City of Yakima, Yakima County, Washington, (Exhibit "A") together with the right of ingress to and egress from these premises and the public use areas/facilities used in connection therewith, over the roadways and designated Airport property outlined in Exhibit "B", subject to rules and regulations governing the use of the Airport as said rules and regulations now exist and as the same may be promulgated by YAT from time to time. The YAT may, at any time hereafter, provide a specific legal description of the premises and such description shall become a part of this Agreement, and; B. approximately 7,300 square feet of property on the second floor, main terminal building located at 2300 West Washington Ave in the City of Yakima, Yakima County, Washington, (Exhibit "C") together with the right of ingress to and egress from these premises and the public use areas/facilities. The YAT may, at any time hereafter, provide a specific legal description of the premises and such description shall become a part of this Agreement. YAT Use Agreement 7/7/2017 page 1 of 13 1. TERM: The term of this Agreement shall commence on July 31, 2017, and terminate on August 12, 2017 unless otherwise terminated or extended in writing as provided for herein. This Agreement will only be activated if the USER needs the facility to provide access to a suitable storage hangar in support of a brief U.S. military exercise. USER will receive a key to the building on or after July 30, 2017 at such time as the Agreement is activated, and USER shall return the key to the Administration Office during normal business hours upon completion of the exercise. If the key is not returned within 2 days of the expiration of this Agreement USER shall be charged a twenty five dollar ($25.00) key replacement fee. The key shall not be duplicated. USER shall have the right to request to extend the original term or any future term extension by one or more days, provided that USER delivers to YAT, not less than twenty four (24) hours before the expiration of the current term, written notification of its intent to extend the term and the specific length of the extension requested. Each request shall be subject to explicit approval by YAT; if approval is not received, the original term or latest agreed-upon term shall apply. 2. FEES: USER promises and agrees to pay $220.00 per day for each day or portion thereof that they use the premises. Fee payment shall be due within 30 days of use. This daily rate shall apply whether actual usage is for a complete 24 hour period or any fraction thereof. All payments shall be made to the City of Yakima, Accounts Receivable, 129 N. 2na St, Yakima, WA 98901, and shall identify this Agreement as the basis for the payment remitted. 3. DEPOSIT: No deposit is required for this Agreement. 4. TAXES AND LIENS: YAT is responsible for all taxes and liens associated with premises involved in this Agreement. 7. USE: USER agrees to use the premises only for an aeronautical oriented activity or for any other use that is specifically approved by YAT and is allowed by the Master Plan and the applicable zoning. The use of the property for any other purpose shall be deemed a material breach of this Agreement constituting grounds for its termination. USER further agrees at all times during use of the premises identified in this Agreement to be courteous and respectful of members of the public when YAT Use Agreement 7/7/2017 page 2 of 13 entering, exiting and using the lease space in the Yakima Air Terminal. 8. UTILITIES: YAT shall be responsible for all utility services including, but not limited to, power, natural gas, water, and sewer. Restrooms in the building identified as Premises A are connected to a septic system and use should be limited. USER is responsible for proper disposal of trash or garbage, and for providing adequate porta potties, showers, and hand wash stations during the conduct of the exercise. 9. PREMISES CONDITION: USER has made a full inspection of the premises, is fully aware of its condition except with respect to environmental conditions and accepts the premises on an "AS -IS" basis. USER agrees to pay for any improvements, repairs and/or modifications necessary for USER's use of the premises. USER agrees that no improvements, repairs and/or modifications to the existing premises shall be undertaken without prior written approval by YAT. 10. MAINTENANCE: USER agrees to keep, maintain and return the premises to YAT upon conclusion of the Use in a condition at least as good as the condition of the premises at the beginning of USER's occupancy, normal wear and tear excluded. USER further agrees that USER shall be responsible to maintain all areas, buildings, trade fixtures and other improvements included in this Agreement, existing and future, in an attractive and usable manner as determined by the Airport Manager and consistent with other properties at the Airport. Maintenance shall include, but not be limited to weed control, garbage and debris removal, painting, snow removal and pavement maintenance. USER agrees to leave the premises in a clean and neat condition upon vacation thereof. 11. SIGNS: No signs or other advertising matter or devices shall be used or displayed in or about the premises or upon any portion of the Airport without the prior written approval of the Airport Manager. 12. IMPROVEMENTS: All buildings, construction, trade fixtures and other improvements made to the premises by USER shall conform to applicable rules, regulations and codes, and USER shall procure all necessary building and other applicable permits therefore. All buildings, trade fixtures and other improvements shall be designed with a view toward aesthetic considerations and installation shall not commence until plans and specifications therefore have been submitted to and approved in writing by the Airport Manager, which approval shall not be unreasonably withheld. YAT makes no representation or guarantee as to the suitability of the premises for construction YAT Use Agreement 7/7/2017 page 3 of 13 of buildings, roads, ramps, etc., and is not responsible for the costs of excavation and/or removal of any object found either above or below ground level except for hazardous materials and archaeological artifacts existing prior to tenancy. 13. REVERSION OF IMPROVEMENTS: In the event this Agreement is terminated due to default by USER or upon expiration, or any extension of this Agreement as provided in Section 2 hereof, YAT may, at its option, either accept ownership of the improvements constructed or installed on the Premises, except for trade fixtures, or require USER to remove such improvements within ten (10) days of such termination or expiration. Such removal shall include removing the foundation, utilities, and other land improvements and restoring the land to grade level, unless otherwise directed by YAT. Prior to the termination or expiration of this Agreement, USER shall remove all such trade fixtures and repair any damage to the premises caused by removal of trade fixtures to the reasonable satisfaction of the Airport Manager. Fixtures not removed within ten (10) days after termination or expiration shall become the property of the YAT unless other arrangements have been previously approved in writing by the Airport Manager. 15. REGULATIONS: USER agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including policies adopted by YAT, as such laws, ordinances, rules, regulations and policies apply to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. 16. SUBLETTING: USER shall not sublet any part of the premises. 17. ASSIGNMENT: USER shall not assign this Agreement. 18. MISCELLANEOUS PROVISIONS: A. The parties agree that YAT, through its Airport Manager or other person authorized by the Airport Manager, may enter upon the premises at any reasonable time to make such inspections as YAT may deem necessary to the proper enforcement of any term, provision or condition of this Agreement. No such entry or inspection by YAT is required by this provision, and the failure of YAT to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Agreement. USER shall be granted the right of quiet enjoyment upon performance of all terms of this Agreement. B. YAT may further develop or improve Airport property and facilities, regardless YAT Use Agreement 7/7/2017 page 4 of 13 of the desire or views of USER regarding any such development or improvement, and without interference or hindrance on the part of USER and without liability to USER, provided the operations of the USER are not unreasonably interrupted. C. YAT reserves the right, but shall not be obligated to USER, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of USER in that regard. D. YAT reserves the right to take any action necessary or desirable by YAT to protect the operations of the Airport against obstruction, or any other activity interfering with the efficient operation of the Airport, together with the right to prevent USER from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the Airport Manager, would limit the usefulness of the Airport or constitute a hazard to aircraft. USER shall limit the building area to that portion of the property which is outside of the building restriction line as defined by the Airport Layout Plan and to a height not to exceed thirty five (35) feet. E. During time of war or national emergency, YAT shall have the right to lease the landing area or any part thereof to the United States of America for military use, and, if any such lease is executed, the provisions of this Agreement shall be suspended insofar as they are inconsistent with the provisions of the lease agreement with the United States of America. F. This Agreement shall be subordinate to the provisions of any existing or future agreement between YAT and the United States of America relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition to the expenditure of federal funds for the development of the Airport. G. If the premises or any interest therein is taken as a result of the exercise of the right of eminent domain, this Agreement shall terminate as to such portion as may be taken. If the portion taken does not feasibly permit the continuation of the USER's operations, USER shall have the right to terminate this Agreement. Such termination shall be effective as of the date USER's operations cease. USER shall be entitled to a portion of the award representing its interest in the premises. YAT shall be entitled to the remainder of the award. 19. INDEMNITY/DUTY TO DEFEND: Not Applicable. 20. INSURANCE: Not Applicable. 21. DAMAGE OR DESTRUCTION: A. TENANT IMPROVEMENTS: In the event the premises defined herein, or improvements thereto, are partially or totally damaged by fire or other casualty, the YAT Use Agreement 7/7/2017 page 5 of 13 USER shall be responsible for the restoration of the premises to as good or better a condition as it had existed prior to the Use by USER. B. OTHER AIRPORT PROPERTY: In the event of damage or destruction of Airport property caused by the USER, its agents, employees, aircraft or other equipment, USER agrees to repair, reconstruct, or replace the affected property to the condition which existed prior to such damage or destruction. USER further agrees to cause such repair, reconstruction or replacement of affected property with due diligence. 22. DEFAULT, TERMINATION & FORFEITURE: A. The failure by USER to pay fees in the amounts and at the times specified herein, or the failure by USER to otherwise comply with any term, provision or condition of this Agreement, shall constitute grounds for termination of this Agreement and forfeiture of all fees paid by USER to the time of termination. This Agreement and tenancy shall terminate and fees paid shall be forfeited for cause as specified above on written notice by YAT to USER stating the amount of fee in default or otherwise stating accurately the manner in which USER fails or has failed to comply with this Agreement. USER shall make full payment or otherwise comply with this Agreement in the manner specified in the notice within three (3) days from USER's receipt of such notice, otherwise this Agreement and tenancy shall be terminated and fees paid to the point of termination forfeited. Such notice shall be given in writing and served on USER by personal delivery or mailed by certified mail with return receipt requested addressed to USER at its address stated below USER's signature to this Agreement or such other address as the parties may advise each other in writing. It is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, USER shall pay YAT's costs and expenses, including attorney's fees, for the preparation and service of such notice. Nothing contained herein shall release or diminish USER's obligation to pay fees for the full term of this Agreement. Notices shall be deemed received three (3) days after mailing to USER at the address below USER's signature to this Agreement or such other address as the parties may advise each other in writing. B. As additional and not alternative remedy, optional with YAT and upon thirty (30) days written notice to USER, should USER be in default hereunder other than default in the payment of fees, YAT may cure or correct the same and the cost of such action by YAT shall immediately become due and payable from USER, together with late fees on said sum at a rate of twelve percent (12%) per annum, and the non-payment of said sum by USER shall be adequate grounds for YAT to invoke the other remedies as provided in this Agreement. C. Upon termination of this Agreement for any reason, USER shall immediately surrender the premises to the YAT in as good a condition and repair as exited prior to the Use, ordinary wear and usage excepted; and USER shall remove all of USER'S personal property, trade fixtures, equipment or improvements removable by prior agreement with YAT from the premises and shall repair any damage to the YAT Use Agreement 7/7/2017 page 6 of 13 premises caused by such removal. Any personal property of USER, or anyone claiming under USER, which shall remain upon the premises at the expiration or termination of this Agreement shall be deemed to have been abandoned and may be retained by YAT as YAT's property or disposed of by YAT in such manner as YAT sees fit without compensation to any party. 23. NON-DISCRIMINATION CLAUSE: To the extent required by law and not in conflict with USER's specifically authorized personnel policies and practices, USER, for itself, its personal representative, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in USER's personnel policies and practices or in the use or operation of USER's services or facilities. B. USER agrees that in the construction of any improvements on, over or under Airport land and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. USER shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49. Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. D. It is the policy of the Department of Transportation that minority business enterprise as defined in 49 CFR Part 23, i.e., firms owned and ,controlled by minorities; firms owned and controlled by women and firms owned and controlled by financially disadvantaged persons; shall have the maximum opportunity to participate in the performance of leases as defined in 49 CFR Section 23.5. Consequently, this Agreement is subject to 49 CFR Part 23 as applicable. 24. NON -WAIVER: The failure by one party to require performance of any provision of this Agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 25. INTEGRATION: This document embodies the entire Agreement between the parties with respect to YAT Use Agreement 7/7/2017 page 7 of 13 the subject matter herein contained. No amendments or modifications hereof shall be enforceable unless in writing, signed by the party to be charged. 26. JURISDICTION AND VENUE This Agreement shall be administered and interpreted under the laws of the State of Washington and under applicable federal law provisions. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable state and federal laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising under this Agreement shall be in the federal court in Yakima County, State of Washington. 27. DISPUTE RESOLUTION In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the federal court in Yakima County, in accordance with the laws of Washington and of the United States, as shall be applicable. If both parties consent in writing, other available means of dispute resolution may be implemented. Time is of the essence of this entire Agreement. YAT Use Agreement 7/7/2017 page 8 of 13 YAT: City of Yakima YAKIMA AIR TERMINAL - McALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax Cliff Moore, ity Manager STATE OF WASHINGTON County of Yakima ate CITY CONTRACT NO 201 7- / o�I RESOLUTION NO' QC/ 1- oeiI I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Interim City Manager respectively of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: 7_/x_/7 &4110 Notary Public Appointment Expires /—/ - -�z Notary Public State of Washington KAARRE ALLYN MY COMMISSION EXPIRES January 12, 2020 YAT Use Agreement 7/7/2017 page 9 of 13 USER: United States Air Force Mailing Address: Telephone: J' 0) '/i/ Signature / Date Ind Printed Nafne STATE OF ..27-7/1;4 ..° County of 5¢ , C/a,;. 4v4ricrzy, I certify that I know or have satisfactory evidence that .�-ie �� �� /If signed this instrument, on oath stated that he was authorized to execut' the instrument and acknowledged it as the Interim City Manager respectively of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public Appointment Expires 0 r YAT Use Agreement 7/7/2017 5 ©e...7 v „02r9r page 10 of 13 Exhibit "A" Exhibit "'A" to Lease Agreement between and the Yakima Air Terminal - McAllister Eiekd Leased area: Budding and oe,rkinq al 2D12 So. 16th Avenue Lease effective date: i Leased Area: Address: 2012 So, 16th Avenue Approx. 1,450 sq. ft. building Approx. 9,805 sq. ft. parking Asphalt Perking Public Picnic Area Omar Lease Area Boundary M 40. YAT Use Agreement 7/7/2017 page 11 of 13 Exhibit "B" . •• WastielgIctr A,c Vakima Aerosport I lertt Hent A Car \NIW-'islt�ngt<iiiL�vr .11119 rlo' Po. �a. ro. ! lISCUM of AvianOn Measure dlstahca Chet( on me map to add to your path Total distance: 374.031 (114.00 m) Orange USAF Play Area YAT Use Agreement 7/7/2017 page 12 of 13 __ Exhibit "0" .141,11,431 191110•1,111■11MMISENSIT YAXIMA AIR TERMINAL 2400 W. WASHINGTON AVE. YAXIMA, WA. 98903 (509) 575$149 RESTAURANT FACILITY - 2ND FLOOR OF PASSENGER TERMINAL BUILDING APPROXIMATE AREA: 7,300 so. FT. YAT Use Agreement 7/7/2017 page 13 of 13 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.C. For Meeting of: July 18, 2017 ITEM TITLE: Resolution authorizing an airport use agreement with the United States Air Force to lease property located at 2300 W. Washington Avenue and 2012 S. 16th Avenue to support the 2017 Mobility Guardian military exercise July 31, 2017 - August 12, 2017 SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: Original Use Agreement was introduced to City Council on June 20th, 2017, of which was adopted under Resolution #2017-073. Since the approval, the United States Air Force requested a few alterations to the agreement to further align their mission needs as well as federal language. Alterations from original agreement include the following sections: • Term, Use, Utilities, Maintenance, Reversion of Improvements, Indemnity, Damage or Destruction, Default, Termination & Forfeit, Non -Discrimination Clause, Jurisdiction and Venue, and Dispute Resolution. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: N/A NA NA IIIATTACHMENTS: Description Upload Date Type ❑ Resolution 7/5/2017 ❑ Use Agreement 7/7/2017 ❑ June 20th Council Meeting Summary 7/5/2017 2 Resolution Contract Backup Material • • DEPARTMENT OF THE AIR FORCE 621 ST CONTINGENCY RESPONSE SQUADRON WING (AMC) MEMORANDUM FOR AMC/A3YO, Yakima Air Terminal/McAllister Field FROM: AMC/A3Y 27 JUL 17 SUBJECT: Night Vision Goggle (NVG) and assault landing operations at McAllister Field, Yakima, WA (KYKM) During Exercise Mobility Guardian. L PURPOSE: This agreement establishes procedures for conducting NVG and assault landing operations at a time when the McAllister Field FAA Tower is closed. This agreement is valid only for the duration of the MOBILITY GUARDIAN EXERCISE 30 July — 12 August 2017. This agreement provides for deviation from standard airfield lighting requirements to create a dark training environment. 2. SCOPE: The procedures outlined herein are for use in conduct of NVG/Assault operations at KYKM during VFR conditions (USAF requirements are ceilings of 1500' and 3 statute miles visibility). These procedures may only be used during the non -operational hours (2201L — 0559L) of the McAllister Field Control Tower during the MOBILITY GUARDIAN EXERCISE. NVG operations will not be permitted when there are arriving or departing nonparticipating aircraft in the local area or established on an instrument approach. 3. RESPONSIBILITIES: a. McAllister Field Airport Manager shall: 1) Issue appropriate NOTAMs for the operations described in this Agreement. 2) Provide airfield lighting personnel available via cell phone or CTAF 133.25 to adjust airfield lighting appropriately. 3) Advise airport vehicle operators of the Air Force operation and direct them to coordinate all entries and exits from any movement area with the Air Force Landing Zone Safety Officer (LZSO) (Call sign "GRIFFIN 01"). 4) Provide FAA part 139 ARFF support and coordinate crash and fire rescue to any incident. b. 621st Contingency Response Wing/22nd STS shall: 1) Provide a Landing Zone Safety Officer (LZSO) who will set up the NVG covert runway lighting and adjust airfield lighting to accommodate Air Force training needs and those of any civil aircraft arriving or departing while the Air Force is conducting training. 2) Ensure Air Force aircraft exterior lighting is in compliance with Air Force Instructions (AFIs) and Codes of Federal Regulations (CFRs). 3) Notify McAllister Field Airport Manager at least 48 hours prior (if able) to any scheduled use of the airport under the terms of this agreement. 4) Notify McAllister Field Airport Manager upon deciding to cancel any scheduled training under the terms of this agreement. 5) Immediately notify McAllister Field ARFF Station of any emergency or unsafe condition. 6) Provide a timely response to any noise complaint to the 62 AW Public Affairs office at (253) 982-5637. 7) Perform all operations at their own risk. 4. PROCEDURES: a. Aircraft Commander (Pilot in Command) shall: 1) Cancel their IFR flight plan with Seattle ARTCC prior to conducting training at KYKM under the terms of this agreement. 2) Monitor CTAF Frequency (133.25) at all times and act as a relay between any civil aircraft that is unable to establish communications with "GRIFFIN 01." 3) Maintain VFR at all times while conducting training. 4) Expect to depart KYKM VER and pick up an IFR clearance with Seattle ARTCC enroute. 5) Yield to any civil aircraft wishing to arrive or depart at KYKM. 6) To the maximum extent possible, limit overflight of populated areas surrounding McAllister Field. 7) Coordinate all training activities with "GRIFFIN 01". 8) Display all exterior lighting at the request of "GRIFFIN 01". 9) Perform all operations at their own risk. b. Airport Vehicles shall: 1) Coordinate via radio any entry to or exit from all movement areas with "GRIFFIN 01". 2) Display flashing lights or rotating beacons while operating on any movement area per standard KYKM operating procedures. MOTIVATED - CAPABLE - ADAPTIVE c. Landing Zone Safety officer (LZSO) (Call sign "GRIFFIN 01") shall: 1) Confirm McAllister Field Tower has closed prior to beginning any operations. 2) Provide a cell phone number to Seattle ARTCC, McChord AFB Command Post and McAllister Field ARFF Station, and remain accessible at all times. 3) Ensure a NOTAM is published instructing all aircraft entering the airspace to contact GRIFFIN 01 on the advisory frequency. 4) Inform Seattle ARTCC of the start and termination of operations each day. 5) Coordinate all Air Force flight and ground activity on the published CTAF. 6) Inform airport ARFF Station that training is beginning and what frequencies will be in use. 7) Respond to all civil aircraft stating their intentions to arrive or depart KYKM on the CTAF and coordinate those civil aircraft intentions with any Air Force aircraft in the area. 8) Arrange airfield lighting to meet the needs of the civil aircraft. 9) At all times exercise best judgment in coordinating Air Force activity with all concerned agencies. JEREMY AGNER, Lt Col, USAF Joint Exercises, HQ AMC/A3YO 1st Ind, Yakima Air TerminaVMcAllister Field CLIFF MOORE City Manager Yakima Air Terminal/McAllister Field t......2.1.:-7 CITY CONTRACT NO: --- / °y RESOLUTION NO: e t7(% _ 00 MOTIVATED - CAPABLE - ADAPTIVE AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT is ANIENDMIiNTINI0DIPICATIONNtI P00001 n. ISSIFED lit 7G3 SCONS FIR SYMINGTON DRIVE SLI l 1 E VlQ(R SCOTT AFB ILJ' ('ODI'. 13 IiFFEC11 VIC 1).7i1 26 -Jul -2017 FA4452 1 l'ON'IRACfII) CODE I PAGE OF PAGES 1 I 3 1 RI')IIISI'IION!I'11RC'I I:\Sl. REQ ♦(7 5 I'ROJE(( NO.11rapplicablc) F3SF3S1172AD)1 7 •\I)NIINIS'I1iKEDltl Ifoth:r!bun itanl,I CI)O(i See Item 6 8. NAME ANI) ADDRESti0F CON I(AC I.OR No.. Street. County. State and Zip Code) YAIOMA crTY OF ROB PETERSON 129N 2ND ST YA)(IMAIK+ 9E19014613 X 9A. AMENI)MENI' OF SOIJCrrATtON NO. 911. DAT El)1S1EE ITEM 11) 10A.). M01C )NIRACI/ORDLR NO. FA44521 1011. 1)AFED (Stili ITEM 13) X 21 -Jul -2017 CODI: 1NCD7 II•ACII.ITY C'OI)1= II '1'1IIS ITEM ONI YAPI'LtISTOAIvINNDMENTS(..)PSOLICITATIONS 111 -the above Rumbaed solicitation is attended as set Guth in loan I •I 'Ihc hour and date speer Gr ntic,pl oft Mer is c slcndcd, ❑ is nut cvcnded. I )t ,r mist ackno' ledge receipt oft hls aucndtnnt prior to the hour and date specified in the soliulau on 01 as :mended by one ...Blur ft law mg net hods; a) Dv completing ilelm 8 and 15. and tenant ts copies of the ant,,dment.(1, ltv:ad.nanledging receipt oflh us:ulcudment WI each copy oldie oiler subnitted: or e)13v,cpu rile letter nr telegram,. Itich includes a rete'rece In tinesolicitation and at(L•Itdlletlt IlllnlbeIs. FAILURE OF 1001( ACE N(,w( 1)GMEN1'IT)Rli kl CE(VEt) A'r'ntI PLACE DESI(D A1ED FOR 1110 RECEIPT OF OFFERS PRIOR1O THE IIOUR \XO DA'lli SPr•.('IFIEI) NI.\l REM.' I. IN REJECTION OF YOUR OFFER. 11b)' virtue of this alcndorni you desire to dtange an olio already suhnitted, such change tiny he nude by telegramor Tetter. provided each telegralor letter rinl,rs reLreuce In the solicitation and this intendment. and 1,s 1 wiled prior to the opening hour and date slum lied 12. ACCOUNT INC; AND APPROPRIATION DATA (If required) X See Schedule 13 Tills I')) .,4 :UTI II ti(NI Y'1 1 .1( 11)10 CAI IONS (W CONTRA(•-rYORDERS. IT MODIFIESTHE CONCRACI'/ORDLR NO AS DESCRIBED IN IF 1.M 14. A. THIS (1IANC ORDER IS ISS1111D 1' UR ANI •1'0' (Speeif) itmhoritJ)'1'1IANGE's I I' F()IYI'1l IN ITEM 14 ARE MADE IN TIIE 3)N'I'IL\C'f ORDER NO IN 1'1EM 1OA. 13, TI 1L A13OVE NIIMI1EREI) CONI'RAC-1'/ORDER IS MODIFIEDTO Rtirt.R.-r TI IF ADMINISFRAT IVii CHANGES (st8 h as changes in paying office. appropriation (Lite. etc.) Slur FORTH IN ITEM 14. PURSIJANI"TO TAL• ,\1rf1IORIT1' OF FAR 43 103111). C.Tins S(II'l'L.EMEN'I'AI. AGREEMENT IS ENTERED INTO PURSIIANl' TO AUTIlORI'F7 01• FAR 52.212-4(c) - Contract Terns and Conditions - Comrercial @errs D OTHER (Specify type of modification and authority) E. 1MPORTAN'T Contractor is not. a is required to sign this document and return 14.I)ESCRII'TION OFAMENDMENT/MOI)IFICA'I'ION (Organized by 1iC'Fsection headings,iudulingv)Itctta(ion/contract uthjcctmatter ttherc feasible.) Modification (ontrol Number hollenk17389 The purpose of this rmdification is to add funding for the cost of one maintenance FTE for the period of performance of 31 July thru 12 Aug in the amount of $8,580. The FOC for this rrodification is Kelly Hollenkanp, 256-9944. kelly.hollenkarrp@us.af.ml copies to the issuing office. Gsccpt as provide) herein. all temp and conditions ofthc ducuncrn reGrenced in hong 1 or 111A, as hen:wine ch:niged, walnut unchanged cad in 4dl bice and elbcl. ISA. NAME ANI) TITLE OF SIGNER (Type or print) (1 -(FP Pvliv4freR 1511 CONTRACT() 1. gnat OFFEROR of person authorized 10 sigh) EXCEPTION TO SF' 30 APPROVED 117 ()IRM I 1-84 15(. DATE SI(iNEI) r I bA. NAME AND 'I'I'f LIi 01CON'T'RACT !No OFFICER (Type or print) • Rickey T Mabry, Contracting Officer TEL 618-256-9964 EMNL rickey.mab @us.af.mil IGH. UNITED SI'A'I'ESOF A\•u:RICA 116C. DATE S3(r'IIID III MABRY.RICKEYT 1229998923 (Slotatise ot•Coot rac(ing Officer) 3(1- I 1 5-04 em coNTRacr No .241 —2 —/ 4 'I- e4, -0r , RESOLUTION NO le—,Ol 7- off/ 2 Aug 2017 til'ANDARD FORM 30 (Rev. 10-83) i'rescrihid by (S•A FAR (48 CFR) 53.243 FA445217P0007 (hollenkl7389) Page 2 of 3 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION SF 1449 - CONTINUATION SHEET SOLICITATION/CONTRACT FORM The total cost of this contract was increased by $8,580.00 from 52,900 00 to $1L480 00 SUPPLIES OR SERVICES AND PRICES CLIN 0002 is added as follows ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Lot $8,580 00 $8,580 00 Maintenance FTE for MG exercise FFP Maintenance FTE for Yakima Air Terminal - McAllister Field, a department of the City of Yakima, Wasington from 31 July thru 12 Aug. FOB: Destination NET AMT $8,580 00 SUBCLIN 000201 is added as follows• ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT $0 00 000201 FFP NET AMT $0 00 ACRN AA CIN: 00000000000002692047 ACCOUNTING AND APPROPRIATION Summary for the Payment Office As a result of this modification, the total funded amount for this document was increased by $8,580 00 from 58,580 00 FA445217P0007 (hollenk 17389) Page 3 of 3 $2,900.00 to $11,480 00 SUBCLIN 000201 Funding on SUBCLIN 000201 is initiated as follows. ACRN: AA CIN: 00000000000002692047 Acctng Data: 5773400 307 65NH 131050 02 55901 41897F 387700 F87700 ESP EH Increase: $8,580 00 Total. $8,580 00 INSPECTION AND ACCEPTANCE The following Acceptance/inspection Schedule was added for CLIN 0002 INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY Destination Government Destination Government The following Acceptance/Inspection Schedule was added for SUBCLIN 000201. INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY N/A N/A N/A N/A (End of Summary of Changes) From: Peterson, Robert Sent: Wednesday, December 27, 2017 3:42 PM Subject: RE: update request The following events occurred as it relates to the US Air Force Use Agreement during Summer 2017: R-2017-073 was approved by council but the agreement was never executed due to a last minute change after the resolution was passed. Changes to the agreernent to include additional funding for airport staff was altered and approved by both parties. Once this was approved, 1 subrnitted another resolution (R'2Ol7'O9l)for ameeting onJuly 18m,2O17,and was passed bycouncil. Cliff signed the foliowing day and the contract was executed by both parties. Additional documentation was provided to allocate supplementary funds for airport staff (modification of contract —final pages of agreement). � � est Ajmort0rPrtnr akiUna Air T,f,irrr)i0u.M(A]li�tff Re�� '4)6VV VV�sh0cit)UAveOVe, (:)Vite E l'akirrki, c)800', (5(yn) ",-5f`14() /50q\5/5 46I85 (F ) /509\;.KW \ rob.pc|euuo@yakimaai/|crminaicom CONTRACTOR'S RELEASE Contract No. FA4452-17-P-0007 I hereby certify that all supplies and/or services have been furnished to the Government in compliance with Contract Contract No. FA4452-17-P-0007. In addition, all payment has been received for supplies/or services rendered. There are no outstanding invoices or funding issues on this order. I hereby release and forever discharge the United States, its officers, agents and employees, of and from all manner of debts, dues, liabilities, obligations, accounts, claims, and demands whatsoever, in law and equity under the virtue of said contract. I certify that I am authorized to sign contractual documents on behalf of Yakima Airport. SIGNED: TITLE: Mdmaymi CITY CONTRACT NO: '20(1 _ I GIL( At lea, RESOLUTION NO: " 20 - v`l I DATE: (o,/,/(,e