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HomeMy WebLinkAboutR-2018-053 Airport Advertising Agreement with BBOLD Advertising; Yakima Air Terminal-McAllister FieldRESOLUTION NO. R-2018-053 A RESOLUTION authorizing an Airport Advertising Agreement with BBOLD Advertising and Marketing Corporation for the Yakima Air Terminal -McAllister Field WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations, and WHEREAS, the airport has advertising space available for lease within the terminal building, parcel number 181335-31001, located at 2300 West Washington Avenue, and WHEREAS, the City conducted a nationwide search under a Request for Proposal in 2017 for an advertising firm to lease advertising space within the airport terminal building, the search yielded no bidders which allowed the City to contact local advertising and marketing firms within the Yakima area, and WHEREAS, the City of Yakima and BBOLD Advertising and Marketing Corporation, a corporation organized and incorporated in the State of Washington, have negotiated an Airport Advertising Agreement to provide advertising and marketing services within the terminal building at the Yakima Air Terminal -McAllister Field, as set forth in the "Airport Advertising Agreement" attached hereto and incorporated herein by this reference, and WHEREAS, the City Council has determined that approval of the attached advertising agreement is in the best interest of residents of the City of Yakima, and will promote the purpose and services provided by the Yakima Air Terminal -McAllister Field, 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 Advertising Agreement with BBOLD Advertising and Marketing Corporation to provide advertising and marketing services within the terminal building at the Yakima Air Terminal - McAllister Field ADOPTED BY THE CITY COUNCIL this 19th day of June, 2018. AIRPORT ADVERTISING AGREEMENT This Advertising Agreement, hereinafter referred to as "Agreement," is made and entered into this lst day of July, 2018, by and between the Yakima Air Terminal -McAllister Field, a Department of the City of Yakima existing under the laws of the State of Washington, hereinafter referred to as the "Airport", and BBo1d Advertising and Marketing, a corporation which is, or shall be prior to initiation of the contract term, registered with and qualified to do business in the State of Washington, hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the Airport is the authority responsible for oversight of the Yakima Air Terminal -McAllister Field, hereinafter referred to in its entirety as the "Facility"; and, WHEREAS, the Contractor is a corporation engaged in the business of operating airport display advertising concessions similar in nature to that proposed for the Airport; and, WHEREAS, the Airport wishes to grant to Contractor the right to operate the Airport's display advertising concession at the Facility under an agreement containing mutually satisfactory terms and covenants. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, privileges, obligations and agreements herein contained, and intending to be bound hereby, the Airport and the Contractor mutually undertake, promise and agree, each for itself and its successors and assigns, as follows. Article I. TERM This Agreement shall become effective at execution The tern ("Term") of this Agreement shall commence on 1, July, 2018, and continue for five 1 (5) years thereafter The Term of this Agreement may be extended by mutual consent for one (1) additional five (5) year term. The one additional five year tern shall be deemed automatically exercised by the Airport provided that during the previous five (5) year Term Contractor satisfied the following operational standards and this Agreement is not terminated as provided for in Article 12 below - a. Contractor will invest no less than $5,000.00 into the advertising program at the Airport, b. Contractor will make no less than 25 telephone sales calls per Agreement year, which calls shall be documented by Contractor (subject to availability of displays for sale); c. Contractor will ensure that at least 75% of advertisers at the Airport are local and regional advertisers, with regional advertisers being defined as advertisements for services or goods located in Washington, Oregon, Idaho or British Columbia; d. Contractor will provide architect -approved engineering drawings of improvements installed in the facility, e Contractor will provide its personnel sufficient time for display case relocation to be completed within 14 days of Airport request ; f. Contractor will provide maintenance staff and scheduling, with onsite availability within 48 hours upon Airport or Advertiser request for service, g. Contractor will provide graphic guidance to advertisers and obtain written Airport approval of all graphic renditions prior to install, and h. Contractor will assist Airport staff in public relations efforts including media release support. If these standards are not met during the initial contract Term, the additional Term extension may only be implemented by specific approval by the Airport Director at the Yakima Air Terminal -McAllister Field 12 This Agreement will automatically expire upon the expiration of the term and extension. 2 Article II. PRIVILEGES AND OBLIGATIONS OF THE CONTRACTOR 2 1 The Airport hereby grants to Contractor the right to operate, maintain and provide the Facility -wide display advertising concession Contractor acknowledges that the Airport may enter into agreements with Yakima Valley Tourism, the Greater Yakima Chamber of Commerce, and FLYYKM allowing each party to create displays which may include materials that constitute advertising The locations of these displays are determined at the sole discretion of the Airport Contractor will have no responsibility or authority regarding these displays, or future community displays in these locations, which are hereby exempted from this Agreement. 2.2 Contractor shall develop and maintain a comprehensive advertising program totally integrated and coordinated as to design, quality, and content for the Facility. Under this program, Contractor shall have the right to establish, operate, service and maintain prime quality, expertly designed commercial advertising displays, including, but not limited to wall and floor back -lit units, product cases, posters, direct telephone line hotel and transportation displays, electronic displays, computer displays, video displays, board advertising, outdoor advertising and other forms of advertising relating to an attractive and profitable means for the graphic/digital displays of materials, articles, and services of various manufacturers, industries, companies, and persons. 2 3 All installations shall be in good taste, professionally developed, and of such high caliber as to contribute to the establishment of the Facility as a prestigious location for commercial advertising media. 2 4 The specific locations for digital displays, backlit displays, product cases, poster boards, telephone boards and all other sites available for advertising use at the Facility shall be the Assigned Areas as 3 depicted in Exhibit "A" The Assigned Areas shall include a minimum of 20 locations for advertising signs, etc Any additional areas made available for advertising at the Facility by the Airport Director after the initial completion of Exhibit "A" shall be added to the Assigned Areas identified in Exhibit "A" and, in such instance, Exhibit "A" shall be amended to include such additions Airport shall have the sole discretion to determine locations of advertisements in the Assigned Areas and as to any extensions of the Assigned Areas 2 5 All Assigned Areas selected are subject to relocation at any time at the Airport's discretion in accordance with the provisions for "relocation" provided herein. Should the Airport and the Contractor disagree on any advertising locations, the Airport's decision shall be final. The Airport shall make best efforts to provide advertising locations of at least equal number, passenger exposure and commercial advertising value as those represented in the original Exhibit "A" In the event that an Assigned Area is required to be deleted and the deleted area represents thirty percent (30%) or more of Contractor's original Exhibit "A", Contractor 's Minimum Annual Guarantee, defined in paragraph 6.1, below, shall be proportionally reduced. 2 6 Contractor shall be responsible for the commercial advertising program within the Assigned Areas at the Facility and shall consistently apply its fiscal, marketing, and administrative resources to that program Contractor shall make best efforts to a. Develop, on a continuing basis, integrated master plans for advertising at the Facility, b Follow quality criteria that recognize the need for integrity of design and advertising content appropriate to the prestige and dignity of the Facility, c Practice space utilization planning which will recognize and meet the needs of all advertising classifications and insure maximum revenue return to the Airport consistent with the scope and integrity of the of 4 the advertising master plan; d. Provide a sales person with ability and experience of sufficient scope to solicit and sell local, regional, and national advertising for display at the Facility, with a pnmary emphasis on local and regional advertising, and e. Provide advertising and display equipment and fixtures that are consistent with the architectural design of the Facility 2 7 Except as provided elsewhere in this Agreement, Contractor shall pay all expenses associated with planning, implementing, and operating the display -advertising program provided for in this Agreement, including, without limitation, the cost of qualified, licensed professional installation of new electric and telecommunication wiring and operating service costs associated with telecom/electronic communications wiring within the Assigned Areas 2 8 Upon execution of this Agreement, the Contractor shall have rights of ingress and egress to and from the Assigned Areas, including but not limited to common use roadways, subject to any rules or regulations which may have been established or shall be established in the future by the Airport. Such rights of ingress and egress shall apply to the Contractor's employees, customers, agents, contractors, suppliers, and other authorized individuals. In the event access is required to any sterile, secured or SIDA areas in the terminal building, Contractor's employees shall be required to obtain a Security Identification Display Area security badge. 2 9 Employees, agents, and contractors shall be permitted to park at the Facility under the same terms and conditions as employees of other Contractors at the Facility Visiting service personnel shall be permitted to park in areas designated for temporary vendor parking. 2 10 The Contractor may utilize additional storage space identified by the Airport as may be available for such purposes, at the discretion of the Airport. 2 11 The Contractor shall have the right to install and maintain appropriate 5 informational signs in the Assigned Areas, provided that the design, installation and maintenance of such signs shall be consistent with the graphic standards and policies of the Airport. All such signage shall be subject to written approval of the Airport prior to installation. Article III. ADVERTISING RATES AND STANDARDS 3 1 The Contractor agrees to use the Assigned Areas solely for the sale, placement and display of advertising products and shall make good faith efforts to maintain, develop and increase the sales of advertising developed h ereunder 3 2 The Contractor shall submit to the Airport, upon request, a schedule of monthly rates to be applied to the advertising locations. Advertising locations may be subject to quantity purchase and other incentive discounts and to standard sales/advertising agency deductions or commissions 3 3 Advertisements, advertising copy, advertising matenals and the manner of commercial presentation ("Advertisements") shall be subject to the approval of the Airport. The Airport shall provide written notice to Contractor of any disapproval of Advertisements within ten (10) days of submission of graphics sample by Contractor Contractor shall not display any Advertisements reasonably disapproved by the Airport. Contractor shall immediately remove from the Facility upon written demand of the Airport, at Contractor's sole cost and expense, any disapproved Advertisements. In the event that any so disapproved Advertisement is not removed promptly upon receipt of written demand, the Airport may remove and store said Advertisement. The Airport shall not in any way be held responsible or liable for any damage to any Advertisement so removed. 3 4 No Advertisements reasonably considered offensive by the Airport may be presented to the public The Contractor will promptly remove or 6 modify the presentation of any Advertisement if so directed by the Airport. Where any backlit or other graphic display case of Contractor does not contain an Advertisement, such display case shall contain filler graphics promoting charitable entities or advertising sales at the Facility Article IV. RESPONSIBILITY OF AIRPORT 4 1 The Airport shall provide finished floors, walls, and ceilings for the Assigned Areas 4.2 The Airport shall be responsible to provide maintenance and upkeep of partitions about the perimeter of the Assigned Areas, structural walls and supports, structural roof construction, structural floor construction, exterior window walls designed about the perimeter of the Assigned Areas, facility security, and existing electric service and electrical connections to the Assigned Areas and any existing telecom/electronic communications conduit and wiring to the Assigned Areas The Airport shall further be responsible for the general maintenance and upkeep of the Facility outside of Contractor's Assigned Areas. Article V. WORK BY CONTRACTOR 51 Contractor shall submit plans and specifications for the work to be performed pursuant to this Agreement ("Preliminary Plans") to the Airport for review 5 2 The Airport Director shall, within twenty-one (21) days of receipt of any such Preliminary Plans, provide notice to Contractor of its approval or disapproval of the Preliminary Plans .Review and approval by Airport shall be based on the conformity of such plans and specifications to the general architectural and aesthetic plan for the Facility and such approval 7 shall not be unreasonably withheld. Any written notice to Contractor of disapproval shall include the reason for such rejection with adequate specificity to allow Contractor to modify such Preliminary Plans accordingly 5 3 In the event of disapproval of the Preliminary Plans or any portion thereof by the Airport, the Contractor shall have up to fourteen (14) days to submit adequately revised Preliminary Plans for Airport review Approval of the revised Preliminary Plans by the Airport shall not be unreasonably withheld. 5 4 Once approved by the Airport, the Preliminary Plans shall become final ("Final Plans"). No changes or alterations shall be made to the Final Plans after approval by the Airport, except as may be agreed to in writing by the parties 5 5 The Contractor shall, upon request, submit a schedule depicting the estimated time required to complete the construction and installation of the displays and improvements identified in the Final Plans. 5 6 Upon written "Notice to Proceed" from the Airport Director, the Contractor shall immediately begin construction and installation of the approved displays and improvements in the Assigned Areas and pursue the same to completion. However, any delay in construction and installation due to fire, earthquake, wars, acts of the Airport or one of the Airport's contractors, or other impediment beyond the control of the Contractor shall reasonably extend the time within which such construction and installation shall be completed. During all times of construction Contractor shall maintain a safe and clean work area that is protected by appropriate barriers, as necessary and reasonable to insure the public safety. 5 7 Except as otherwise provided herein, all work shall be at Contractor's sole cost and expense and Contractor shall provide all necessary labor, supervision, matenals, supplies and transportation. 5 8 All work performed by Contractor shall be in accordance with the Final 8 Plans. No structural alterations or improvements shall be made to or upon the Assigned Area without the prior written approval of the Airport. The determination of the quality and acceptability of the finishes in the Assigned Areas shall be within the sole discretion of the Airport Director 5 9 All improvements and displays installed by the Contractor in the Assigned Areas shall be of high quality, safe, fire resistant matenals and shall be attractive in appearance. 5 10 One reproducible final "as built" copy of the Final Plans for all displays and improvements, as may have been revised by the parties during the course of construction and installation, shall, upon request, be signed by the Contractor and submitted to the Airport Director within ninety (90) days following completion of the construction and installation. 511 Upon completion of the work, the Contractor shall, upon request, forthwith provide the Airport with a certification that the improvements and displays have been constructed and installed in accordance with the Final Plans, and in strict compliance with all applicable building codes, laws, statutes, ordinances and regulations. 512 All permanent improvements made to the Assigned Areas by the Contractor shall be and remain the property of the Contractor until the expiration or earlier termination of this Agreement, at which time said permanent improvements shall become the property of the Airport. Notwithstanding anything to the contrary in this Agreement, all non- permanent advertising displays, equipment, trade fixtures, materials and supplies of Contractor, which shall include, without limitation, telephone boards, wall displays and freestanding displays and display cases, are and shall remain the property of Contractor unless Contractor shall fail within sixty (60) days following the expiration or earlier termination of this Agreement to remove such personal property. In the event of such failure to remove non -permanent property, title to such personal property shall be considered abandoned, and, at the option of the Airport, vest in Airport at no cost to Airport. 9 5.13 All improvements, displays, equipment and interior design and decor constructed or installed by the Contractor or its agents, including the plans and specifications therefore, shall conform to all applicable statutes, ordinances, building codes, and rules and regulations Contractor shall obtain at its -own expense all necessary federal, state or local permits and/or licenses prior to commencing any work. Article VI. PRIVILEGE FEES, CHARGES AND ACCOUNTABILITY 6 1 Subject to the terms hereof, Contractor agrees to pay to the Airport the greater of thirty-five Percent (35%) of the Gross Revenue derived from the sale of advertising space at the Facility ("Percentage Fee") or a "Minimum Annual Guarantee (MAG)" of eight thousand Dollars ($8,000.00). The foregoing fees shall be referred to jointly and severally herein as the "Airport Fee" "Gross Revenue", as used herein, shall mean all monies paid to Contractor for advertising sales made at or from the Assigned Areas, regardless of when or where the order therefore is received or delivered, whether on a cash basis or credit; provided, however, that - a. Gross Revenue shall exclude the following: (1) Any amount paid by advertisers in connection with design, fabrication or installation of any advertiser's specialty or custom display/graphics (including, without limitation, the printing, distributing or maintaining of any advertiser's brochures) or with the design, fabrication, installation or ongoing service of any new media technologies (including, without limitation, the programming and maintenance charges for computer -operated, plasma screen, video, interactive or motion displays); (2) Any amount paid by the advertisers to Contractor for telephone 10 or data service; and (i Any sales or excise tax imposed by law and separately stated to and paid by an advertiser ("Sales Tax") b Quantity purchase and incentive discounts shall be allowed. 6.2 One quarter of the MAG shall be paid by the Twenty-fifth (25th) day of the first month of each calendar quarter beginning with the first calendar quarter of the term of this Agreement. For the purposes of the agreement the calendar quarters are September, December, March, and June. The Percentage Fee, when applicable as described in paragraph 6 1, above, shall be paid by the Twenty-fifth (25th) day of the month following each calendar quarter of service, beginning with the month following the first calendar quarter in which Contractor used the Assigned Areas for display advertising purposes. Such Percentage Fee shall be due for the previous calendar quarters on September 25th, December 25th, March 25th, and June 25th of each calendar year. Notwithstanding the above, any real estate tax, use tax, or other state and local taxes relating to the Assigned Areas or other property of the Airport and levied or assessed to Contractor shall be deducted from the Airport Fee 6 3 In the event that the following condition occurs during the term of this agreement, Contractor's obligation to pay the Airport as set forth in Article 6.2 shall be reduced to 1/4 of $6,000.00 for each quarter of the period of time during which the condition exists: 1 The number of enplaned passengers on scheduled airline flights to andlion the Airport during any year of the Term decreases by thirty percent (30%) or more below those officially recorded during the year 2015. As used herein, `enplaned passengers' shall be defined as those passengers reported to the Airport by the airlines and recorded by the Airport on monthly operations reports. 6 4 Contractor shall furnish to the Airport for each calendar quarter a statement showing total Gross Revenue for the preceding calendar quarter 11 With each quarterly statement, the Contractor shall remit to the Airport the Percentage Fee derived through the end of the last month of the preceding calendar quarter 6 5 The Contractor shall keep full and accurate books and records showing all Gross Revenue and the Airport shall have the nght, through its representatives, and at all reasonable times, to inspect and audit all such records as may be necessary to verify the reported Gross Revenue, including State of Washington sales tax return records. The Contractor agrees that all such books and records shall be maintained at Contractor's office location for at least six (6) years following the end of the Agreement Term. The Contractor agrees that a review of the records, if so requested by the Yakima Air Terminal -McAllister Field, shall take place in Yakima, WA, thus the records will have to be made available at a convenient time and location in Yakima, WA. 6 6 No later than one hundred twenty (120) days after the end of Contractor's fiscal year, Contractor shall furnish to the Airport the wntten statement of a Certified Public Accountant stating that the Percentage Fee paid by the Contractor to the Airport pursuant to this Agreement during each of Contractor's calendar quarters is accurate. Such statement shall also state Gross Revenues as shown on the books and records of Contractor that were used to compute the Percentage Fee made to the Airport during the period covered by the statement. 6 7 Without waiving any other right of action available to the Airport, in the event that Contractor is delinquent for a period of thirty (30) days or more in paying to the Airport any fees payable to the Airport pursuant to this Agreement, the Contractor shall pay to the Airport interest thereon at the rate of twelve percent (12%) per annum from the date such amount was due and payable until fully paid. Such interest shall not accrue with respect to disputed amounts being contested in good faith by Contractor. 6.8 In the event that any additional Airport Fee shall be determined to be rightly due and owing by any audit of Contractor's books and records as 12 provided in Article 6.5, such amount shall forthwith be paid by the Contractor to the Airport with interest thereon at the rate of twelve percent (12%) per annum from the date such additional Airport Fee initially became due; provided, however, that the foregoing not be applied to amounts contested in good faith by Contractor. Should a discrepancy be found, the Contractor shall pay any costs associated with an auditor's review. Article VII. CONTRACTOR OPERATIONS 7 1 The management, maintenance and operation of the Assigned Areas shall at all times be under the supervision and direction of an active, qualified, competent manager who shall at all times be subject to the direction and control of the Contractor 7.2 The operations of Contractor, its employees, agents, suppliers and contractors shall be conducted in an orderly and professional manner. 7.3 The Contractor agrees that its employees and sub -contractors shall be of sufficient number so as to properly conduct the Contractor's operation in a manner consistent with the terms of this Agreement. 7 4 The Contractor is responsible for the cost of its internet service provider Article VIII. MAINTENANCE 8 1 The Contractor shall provide at its own expense such janitorial and cleaning services and supplies as may be necessary for the operation and maintenance of the Assigned Areas. The Contractor also agrees to keep and maintain the Assigned Areas in a clean, neat, attractive and sanitary condition. 8.2 The Contractor agrees to maintain and make necessary general repairs to all of the improvements, fixtures and equipment placed or installed in the Assigned Areas by Contractor, including, without limitation, signs, 13 showcases, displays, and telephone boards Contractor agrees to keep and maintain in good condition the electrical equipment located at or on the Assigned Areas 8 3 All repairs done by the Contractor or on its behalf shall be of first class professional quality in both materials and workmanship. All repairs shall be made in conformity with the rules and regulations prescribed from time to time by federal, state or local authority having jurisdiction over the work in the Contractor's Assigned Areas. 8 4 The Contractor shall, in a timely manner, provide for the adequate sanitary handling and removal of all trash, garbage and other refuse caused as a result of the Contractor's operations. 8 5 The Airport shall have the right to construct or install over, in, under or through the Assigned Areas new lines, pipes, mains, wires, conduits and equipment; provided, however, that such repair, alteration, replacement or construction shall not unreasonably interfere with Contractor's use of the Assigned Areas. The Airport will repair at its sole cost, any damage to Contractor's property resulting from such activities. 14 Article IX. COMPLIANCE 9 1 The Contractor, its officers, agents, servants, employees, contractors, and licensees shall comply with all present and future laws, ordinances, orders, directives, rules and regulations of the United States of America, the State of Washington and the City of Yakima, together with their respective agencies, departments, authonhes or commissions ("Applicable Law") 9.2 Except as otherwise provided herein, on or before their respective due dates Contractor shall pay to the appropriate authority all federal, state and local taxes which may be levied on account of the business being conducted in the Assigned Areas, or in good faith timely contest the same It is the expressed intent of the parties that this Agreement grant no real property rights to Contractor Contractor's advertising displays and equipment shall not be viewed as Contractor's real property. The Airport shall not assess or bill Contractor for any property, real estate, or lease tax. Contractor shall maintain in current status all federal, state, and local licenses and permits required for the operations of the business conducted by Contractor 9 3 Contractor shall pay wages that are not less than the minimum wages required by law to persons employed in its operations hereunder. 9 4 This Agreement is governed by the laws of Washington Any disputes relating to this Agreement shall be resolved in accordance with the laws of Washington in a court of competent jurisdiction in Yakima County, Washington 15 Article X. ASSIGNMENTS AND SUBAGREEMENTS 10.1 Contractor shall not assign this Agreement or allow same to be assigned by operation of law or otherwise without the prior written consent of Airport. Article XI. INSURANCE AND INDEMNIFICATION 11 1 Contractor shall protect, defend, indemnify and hold Airport, its elected and appointed officials, officers, employees, boards and commissions completely harmless from and against any and all liabilities, demands, suits, claims, losses, fines, or judgments arising by reason of the injury or death of any person or damage to any property, including all reasonable costs from investigation and defense thereof (including but not limited to reasonable attorney fees, court costs, and expert fees), of any nature whatsoever to the extent caused by the negligence or willful misconduct of Contractor, its agents, employees, licensees, or contractors, and arising out of or incident to the operation of the Facility advertising program pursuant to this Agreement. Contractor shall have the right to control the defense of any such claim, suit or other action as mentioned above for which Contractor indemnifies the Airport. This subsection shall not create any third party rights and shall not be interpreted as a waiver by the Airport of any immunities or limitations on damages available to the Airport pursuant to Applicable Law 11.2 Insurance: It is understood that the Airport does not provide insurance coverage for Contractor for any work or activities performed under this Agreement. At all times during performance of the Services, Contractor shall secure and maintain in effect insurance to protect the Airport and Contractor from and against all claims, damages, losses, and expenses ansing out of or resulting from the performance of this 16 Agreement. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The Airport reserves the right to require higher limits should it deem it necessary in the best interest of the public If Contractor carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and the Airport shall be named as an additional insured for such higher limits. 11.2.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, Contractor shall provide the Airport with a certificate of insurance as proof of commercial liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City of Yakima and Airport, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the Airport thirty (30) calendar days prior written notice The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.2.2 Automobile Liability Insurance. (a) If Contractor owns any vehicles, before this Agreement is fully executed by the parties, Contractor shall provide the Airport with a certificate of insurance as proof of automobile liability insurance and personal umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limas of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate (b) If Contractor does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is the Section entitled "Commercial General Liability Insurance". 17 (c) Under either situation described above, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City of Yakima, the Airport, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds The insured shall not cancel or change the insurance without first giving the Airport thirty (30) calendar days prior written notice The insurance shall be with an insurance company or companies rated A -VI' or higher in Best's Guide and admitted in the State of Washington. 11 2.3 Statutory workers' compensation and employer's liability insurance as required by state law Failure of either or all of the additional insureds to report a claim under such insur- ance shall not prejudice the rights of the City of Yakima, the Airport, its officers, employees, agents, and representatives there under The Airport, the City of Yakima, and its elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the nghts of the City of Yakima and Airport until thirty (30) days after written notice to the Airport of such intended cancellation, expiration or change. Article XII. TERMINATION BY AIRPORT 12 1 In addition to all other remedies available to the Airport, this Agreement shall be subject to termination by Airport should any one or more of the followingevents occur ("Contractor Default"): a. If Contractor shall neglect or fail to perform or observe any of the terms, provisions, conditions or covenants herein contained and on Contractor's part to be performed and observed and if such neglect or failure should continue more than thirty (30) days after Contractor's receipt of written notice of such neglect or failure or, if more than 18 thirty (30) days shall be required to cure the neglect or failure because of the nature of the default, if Contractor shall fail, within said thirty (30) day period, to commence and thereafter diligently proceed to cure such default; b If the Contractor's rights hereby created shall be taken by execution or by other process of law; c The taking by a court of competent jurisdiction of Contractor's assets pursuant to proceedings under the provisions of any federal or state reorganization code or act, insofar as the enumerated remedies for license default are provided for or permitted in such code or act; d. If any court of competent jurisdiction shall enter a final order with respect to Contractor, providing for modification or alteration of the rights of creditors; e If Contractor shall continually, after receiving notice, fail to abide by any material Applicable Law; f If Contractor shall fail to make productive use of the Assigned Areas, or, g. If Contractor shall abandon the Assigned Areas or shall discontinue the conduct of its operations in the Assigned Areas. 12.2 In the event Contractor shall fail to cure a Contractor Default within the time herein specified, the Airport, then, or at any time thereafter, while such breach is continuing, shall have the nght, at its election, to terminate this Agreement by giving at least ten (10) days written notice to Contractor 12 3 If Airport shall terminate this Agreement by reason of a condition of Contractor Default, Contractor shall forthwith remove its non- permanent improvements, fixtures, displays and equipment from the Assigned Areas at its own expense on or before the effective termination date Any non- permanent improvements, fixtures, displays and equipment not so removed shall be deemed abandoned on the day after the effective date of the termination and the Airport may dispose of the items as it wishes 19 Article XIII. FINANCIAL GUARANTEE 13 1 CONTRACTOR will be required to provide a financial guarantee in the amount of eight thousand dollars ($8,000 00) The financial guarantee shall be submitted no later than thirty (30) days after the execution of the Agreement and renewed on the anniversary date of the Agreement. 13 2 If a financial bond is chosen as the method for complying with this Article, all financial bonds must be provided from a surety that has a rating of "A" from AM BEST, MOODY'S, OR STANDARD AND POOR'S, and is licensed to operate in the State of Washington. 13 3 The financial guarantee may be in the form of a bond, letter of credit from CONTRACTOR's banking institution or a certified cashier's check payable without recourse to the City of Yakima. The financial guarantee shall be subject to forfeiture in the event of failure of the CONTRACTOR to fully perform the contract. Should the damages incurred by Airport as a result of the failure to perform as required by the Agreement exceed $8,000, the Airport shall have the right to recover any additional damages allowable under law. Article XIV. TERMINATION BY CONTRACTOR 141 In addition to all other remedies available to the Contractor, this Agreement shall be subject to termination by the Contractor, should any one or more of the following events occur("Airport Default") - a. The abandonment of the Facility for longer than sixty (60) days, b The issuance of an order or injunction by any court of competent jurisdiction preventing or restraining the use of the Facility in such a manner as to substantially restrict the Contractor from conducting its operation of the Facility display advertising concession where such order or injunction was not caused by any act or omission of the 20 Contractor; provided that such order or injunction remain in force for at least thirty (30) days, c The breach by the Airport of any of the material terms, covenants, or conditions of this Agreement to be kept, performed, and observed by the Airport, and the failure of the Airport to remedy such breach for a period of thirty (30) days after receipt of written notice from the Contractor of the existence of such breach; d The assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Facility and its facilities in such a manner as to substantially restrict the Contractor from conducting its display advertising concession if such restriction be continued for a period of sixty (60) days or more; e The destruction of such a significant portion of the Facility terminal building(s) due to fire, earthquake or any other causes not the fault of Contractor so as to make continuation of the advertising concession commercially unreasonable. 14 2 In lieu of or in addition to other rights granted hereunder, during any of the above events of Airport Default, there shall be an abatement in Contractor 's obligations, fees and charges that may otherwise be due Airport to the extent such obligations or Contractor 's ability to generate advertising revenues are affected by such events In the event of Airport Default, Contractor shall then, or at any time thereafter, have the right, at its election, to terminate this Agreement by giving at least ten (10) days written notice to Airport. Contractor shall upon the passing of the ten (10) days quit and surrender the Assigned Areas and any permanent improvements, as described in Article 5.12, to the Airport. In such event, Contractor shall be reimbursed by the Airport for the undepreciated portion of its actual capital costs (including, without limitation, construction and installation costs) of the permanent and non- permanent improvements, fixtures, displays and equipment used or acquired 21 to be used in the Assigned Areas per a ten year straight-line depreciation schedule Article XV. SECURITY 15.1 Contractor agrees to observe all security requirements of CFR1542, and the Airport's security rules and regulations, as the same may from time to time be amended. Contractor shall take such steps as may be necessary or directed by the Airport to ensure that its employees, agents and sub- contractors observe these requirements. Article XV. FIRE AND OTHER DAMAGE 16 1 In the event that structural or permanent portions of the Assigned Areas shall be partially damaged by fire or other casualty not the fault of Contractor, the Contractor shall give immediate notice after discovery thereof to the Airport and the same shall be repaired at the expense of the Airport without unreasonable delay unless Airport determines that the damage is so extensive that repair or rebuilding is not feasible. From the date of such casualty until such area is so repaired (including if such area is not repaired) any fee payments otherwise due hereunder shall abate in amounts proportional to the loss of available advertising space; provided, however, that if an area shall be so slightly injured in any such casualty as not to be rendered unfit for normal usage, the fees related thereto shall not cease or be abated during any repair period. In the event of the area being damaged by fire or other casualty to such an extent as to render it necessary in the exclusive judgment of the Airport not to rebuild the same, then, at the option of the Airport or Contractor, and upon thirty (30) days written notice to the other, this Agreement as it applies to said area shall cease and come to an end, and the fees payable to the Airport shall be proportionally adjusted to represent the loss of the use of the area to 22 Contractor. If the Airport elects to rebuild said areas, the Airport shall notify Contractor of such intention within thirty (30) days of the date of the damage. Article XVII. Contract Documents 17 1 This Contract, the Request for Proposals No #11718P, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. Article XVII1. APPROVALS 18 1 Whenever this Agreement calls for approval by the Airport, such approval shall be evidenced by the wntten approval of the Airport Director or his designee Article XIX. ENVIRONMENTAL PROTECTION 19 1 Contractor agrees to comply in the performance of this Agreement with all applicable environmental laws, statutes, ordinances, regulations and orders, including all rules and regulations adopted by Airport relating to protection of the environment. Article XX. GENERAL PROVISIONS 20 1 Federal Aviation Act. Section 308- Nothing herein contained shall be deemed to grant the Contractor any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act. Without derogation 23 to the Act and subject to the terms and provisions hereof, the Contractor shall have the sole nght to use the Assigned Areas for advertising purposes under the provisions of this Agreement. 20 2 Subordination to Agreements With the United States Government- This Agreement is subject and subordinate to the provisions of any agreement heretofore or hereafter made between the Airport and the United States Government relative to the operation or maintenance of the Facility, the execution of which has been required as a condition precedent to the transfer of federal rights or property to the Airport for airport purposes, or the expenditure of federal funds for the improvement or development of the Airport, including the expenditure of federal funds for the development of the Facility in accordance with the provisions of the Federal Aviation Act of 1958, as it has been amended from time to time The Airport represents that it has no existing agreements with the United States Government in conflict with the express provisions hereof and covenants that it will not enter into any such agreements with the U.S. Government which would frustrate the purposes of this Agreement. 20.3 Nonwaiver ofRights- No failure by either party to strictly enforce any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party 20 4 Notices - All notices, requests and other communications under this Agreement shall be effectively given only if in writing and sent by United States certified mail, return receipt requested, postage prepaid, or by nationally recognized and receipted overnight courier service (e.g FedEx, UPS, DHL or Airborne Express) guaranteeing next business day delivery, addressed as follows - If to Airport: ATTENTION: Robert K Peterson, Airport Director Yakima Air Terminal -McAllister Field 24 If to Contractor. 2406 W Washington Ave, Suite B Yakima, WA 98903 (509) 575-6149 Rob.Peterson@yakimawa.gov (509) 575-6260 ATTENTION Shane G Pierone BBOLD Advertising & Marketing 1707 Conover Drive Yakima, WA 98908 Shane@bboldl.com (509) 654-8465 OR to such other addresses of which Airport or Contractor shall have provided notice as herein provided 20 5 Captions- The headings of the several articles of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of any provisions of this Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof'. 20.6 Severability- If one or more clauses, sections, or provisions of this Agreement shall be held to be unlawful, invalid, or unenforceable, the parties hereto agree that the remaining portions of this Agreement or portions thereof shall not be affected thereby, and such remaining provisions or portions thereof shall remain in full force and effect. 20.7 Right to Develop Facility- The Airport reserves the right to engage in major development, construction and improvement to the Facility as it may see fit, regardless of the desires or view of the Contractor and without interference or hindrance 20.8 Successors and Assigns Bound- This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto 20.9 Right to Amend- In the event that the Federal Aviation Administration or its successors requires modifications or changes in this Agreement as a 25 condition precedent to the granting of funds for the improvement of the Facility, or otherwise, the Contractor agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Agreement as may be required. 20 10 Force Majeure- Neither the Airport nor the Contractor shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortages of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or which is not within its control. 20 11 Right of Relocation/Removal- The Airport reserves the general right to relocate or delete portions of the Assigned Area in accordance with the terms of this Agreement. Notice of such required relocation or removal shall be provided to Contractor in writing from the Airport no less than sixty (60) days prior to such requirement. Costs incurred by Contractor relating to any Airport -ordered removal or relocation of an Assigned Area prior to the expiration or earlier termination of this Agreement shall be evidenced by invoice costs and thereafter may be deducted by Contractor from subsequent Airport Fee payments. In addition to the above, where an Assigned Area is being removed or relocated, any refunds or credits granted to affected advertisers resulting there from shall be deducted from the calculation of Gross Revenues. 2] 1 Article XXI. DISADVANTAGED BUSINESS ENTERPRISE AND NONDISCRIMINATION Contractor agrees to submit all information necessary for the Airport to determine the eligibility of an individual or firm for certification as a Disadvantaged Business Enterprise, or a regional or local suboperator Contractor agrees that it will comply with the Airport's Disadvantaged 26 Business Enterprise Program, which Program shall be in accordance with 49 CFR Part 23 and shall apply to Contractor as an "Airport Contractor " Contractor agrees that participation by Disadvantaged Business Enterprises will be in accordance with the goals and objectives of the Airport's Program. Nondiscrimination- The Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, national ongin, or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E Further, the Contractor shall not discriminate based on any other basis that would violate state or federal law Article XXII. ENTIRE AGREEMENT 22.1 The parties hereto understand and agree that this instrument contains the entire agreement between the parties hereto. The parties hereto further understand and agree that the other party and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, except as in this Agreement expressly set forth No claim or liability or cause for termination shall be asserted by either party against the other and such party shall not be liable by reason of the making of any representations or promises not expressly stated in this Agreement, any other wntten or oral agreement with the other being expressly waived. 22.2 The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they are acting herein. 22.3 The parties hereto acknowledge that they have thoroughly read and understand this Agreement, including any exhibits or attachments hereto 27 Article XXIII RECORDS RETENTION (a) The records relating to this Agreement shall, at all times, be subject to inspection by and with the approval of the Airport, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance in accordance with this Agreement, notwithstanding the Airport's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery Contractor shall provide the Airport sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. Contractor's records relating to this Agreement will be provided to the Airport upon the Airport's request. (b) Contractor shall also promptly furnish the Airport with such information and records which are related to this Agreement as may be requested by the Airport. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, Contractor shall retain and provide the Airport access to (and the Airport shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to this Agreement. (c) All records relating to the terms under this Agreement must be made available to the Airport, and also produced to third parties, if' required pursuant to the Washington Public Records Act, Chapter 42 56 RCW or by law All records relating to Contractor's work, or any other term of this Agreement must be retained by Contractor for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives as of the date and year first above written 28 LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2406 W Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax e Jo, ppm Cliff Moo ,' Qity Manager Date STATE OF WASHINGTON County of Yakima CITY CONTRACT NO: /e)_ RESOLUTION I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument, on oath stated that he is authorized to execute this instrument and acknowledged it as the City Manager to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By g Notary PulSlie Appointment Expires / — / 29 Notary Public State of Washington KAARRE ALLYN MY COMMISSION EXPIRES January 12, 2020 LESSEE: Shane G. Pierone BBOLD Advertising & Marketing 1707 Conover Drive Yakima, WA 98908 shane@bboldl.com (509) 6-4-8465 (C Shane G Pieron BOLD Advertising & Marketing Partner STATE OF WASHINGTON County of YaY n,..r,_ ate I certify that I know or have satisfactory evidence that Mr Shane G. Pieronesigned this Instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as the Partner 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 V2.b (�(,1 Z,6 "�( 30 00oQ 1118884 oo+0 NIP -EN 490o�om 0e 0 . 'ANENT •;9 �o :cip \NpTARY• I11 44i88ffiniat @A • ®: CFO DeNard Jones BBOLD Advertising & Marketing 1707 Conover Dnve Yakima, WA 98908 denardabbold l .coni (509) 594-9270 (Cell) DeNard Jones, BBOLvertismg & Marketing Co-owner STATE OF WASHINGTON County of 'o. & \ Me - I certify that I know or have satisfactory evidence that Mr DeNard Jones signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Partner 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 V-e_b OC1 , va 31 a a • • '9441°_ WAS\ `.e eoe000eoo®oeooessee oo ego 04VALFNC\ f m • `�(14ENT � i a�e. to,. • 34 Exhibit "A" 32 35 33 36 10 Grid WA ILE-GW.1-1 7 ILE-GW-1.2 21 7-31 1.1E.QW-1-3 7-41 119-C3W-14 - ------- ILE-UW-1-, 471 ILE-U0i-1.4 tAVOVO 4000 * 34 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.D. For Meeting of: June 19, 2018 ITEM TITLE: Resolution authorizing an agreement with BBOLD Advertising and Marketing Corporation for property located at the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field's main terminal building provides the opportunity to advertise local businesses and events on professional advertisement displays throughout the building. Airport staff has identified a local marketing firm within the valley who has expressed interest in assisting the airport with updating and managing the displays. This agreement will allow BBold Advertising and Marketing the opportunity to manage and improve the airport's advertising while providing the airport with additional revenues to support the operations and maintenance of the facilities. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 0 Resdution 6/7.%2018 D Agreement 6/7/2018 Type Resd ution AIRPORT CONCESSION RENT CREDIT BETWEEN YAKIMA AIR TERMINAL-MCALLISTER FIELD AND BBOLD ADVERTISING AND MARKETING. THIS AIRPORT CONCESSION RENT CREDIT BETWEEN YAKIMA AIR TERMINAL- McALLISTER FIELD AND BBOLD ADVERTISING AND MARKETING, is executed this L--0 day of June, 2021, between the YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington, hereinafter referred to as "AIRPORT," and BBOLD ADVERTISING AND MARKETING, a Washington corporation hereinafter referred to as "CONCESSIONAIRE": WITNESSETH: WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and WHEREAS, CONCESSIONAIRE manages a advertising business serving the airport passenger terminal building; and WHEREAS, on Sunday, December 27, 2020, the President of the United States signed the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) (H.B. 133) to provide continued funding for the federal government throughout the FY 2021 and to minimize the economic impacts and assist Cities throughout the nation with their response to the ongoing COVID-19 virus; and WHEREAS, Title IV, Department of Transportation of the CRRSAA (H.B. 133) provides approximately $2 Billion Dollars to support U.S. airports experiencing severe economic disruption caused by the COVID-19 public health emergency; the funds will be distributed to airports to prevent, prepare for, and respond to the COVID-19 public health emergency; and WHEREAS, the CRRSAA (H.B. 133) also provides an additional $200 million to primary airports based on enplanements "to provide relief from rents and minimum annual guarantee to on -airport car rental, on -airport parking, and in -terminal airport concessions"; and 1 WHEREAS, in accordance with the Act airport sponsors receiving the additional relief funding would be required to provide relief to airport concessioners from the date of enactment until the sponsor has provided an amount equal to the grant amount specifically allocated for concessions "to the extent practicable and to the extent permissible under state laws, local laws, and applicable trust indentures"; and WHEREAS, only airport concessionaires that have certified they have not received a "second draw or assistance for a covered loan" under the Payroll Protection Program that has been applied towards rent or minimum annual guarantees is eligible for the relief; and WHEREAS, the CONCESSIONAIRE has provided proper notice to the AIRPORT by submitting the airport concession rent relief certification form indicating the desire to receive rent relief under the Airport Coronavirus Response Grant Program and CONCESSIONAIRE has certified at the time this agreement is entered into that they meet the criteria outlined in the correspondence labeled: Federal Grant Funding Related To The Coronavirus Response and Relief Supplemental Appropriations Act, as evidenced by the Certification signed by CONCESSIONAIRE, copies of which are attached hereto as Exhibit A and fully incorporated into this agreement; NOW THEREFORE, in consideration of the mutual benefits to be derived by each party hereto, the parties mutually agree to provide the following rent relief: Rent Relief: $412.48 dollars will be credited to the CONCESSIONAIRES account to be applied to future monthly rent charges. Once the rent relief credit is fully expended, the CONCESSIONAIRE will be responsible for ensuring all future lease payments are provided as outlined within the airport lease agreement. Rent relief is to be provided on the 1st day of the following month of this agreement's execution and the CONCESSIONAIRE will be obligated to pay any and all other applicable rates and charges as outlined in the airport lease agreement. Other than the specific amendments stated herein, all other terms, conditions, obligations, rights and requirements of the underlying agreement shall remain in full force and effect throughout the agreement term. 2 EXHIBIT A Yakima Air Terminal -McAllister Field Airport Concession Rent Relief Certification Form Business Legal Name DBA or Tradeneme (if applicable) p ert t 5 lf`h 11110.4f*e Authorized Representative 3 Business Ptione 1 — "‘(‘- Email Address 1 3e; 1- ( 'VA Business Qualifies as an Airport Concession Disadvantaged Busine Enterprise (ACDBE) Paycheck Protection Program (PPP) First Draw Loan Number (rtapplicable) 13 Have you applied or do you intend to b Yes i_7;Vo apply for a PPP Second Draw? PPP Second Draw SBA Loan Number (If applicable) Purpose of PPP Second Draw Loan (if appikable) 0 '7 Payroll Costs El Utilities F.) RentirMorlgage interest El Covered Operations Expenditures Ci Covered Worker Protection Expenditures Li Other Covered Supplier Costs D Covered Property Dama E.) Covered Property Damage I certify that 13Y)01C( AL/ 4 iiii has not received a second draw or assistance for a covered loan under section 7(a)(37) of Met -Mall Business Act (15 U S.0 636(037)) that has been applied toward rent or minimum annual guarantee costs I also certify that /,VI(( PdAl (-r4M.'7) i ,‘ I will not apply for a covered loan under section (37) of the Small Business Act (15 U S CA36(a)(37)) for rent or minimum annual guarantee ,..... . . costs. fl 14/‘-- / ,i i - Sigoi/4 re o ithortzed Representative Date Print Name Title C'erOficatiouprIn 1u,s1 be provided via UPS FortYvor Cot -la -lied Mali by UniNd Sunev Pasial Sc? Hand delivered, regular moll, t'11 4r•Ofriited fiirMSwill am h :apiI. 3 LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax Bob Harris n, City Manager STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath stated that he is authorized to execute this instrument and acknowledged it as the City Manager 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 ,g CITY CONTRACT NO' RESOLUTION Na 4 CONCESSIONAIRE: Shane G Pierone BBOLD Advertising & Marketing 1707 Conover Drive Yakima, WA 98908 Shane@bbold1.com (509) 6 4-846 Shane G. Pierone Owner STATE OF WASHINGTON County of Yakima Date I certify that I know or have satisfactory evidence that Shane G. Pierone signed this instrument, on oath stated that he is authorized to execute this instrument and acknowledged it as the owner of BBOLD vrtising_Mrkeijpg Advertisingto be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Pu Appointment Expires 5 0010 1111 I /it tO Z=