HomeMy WebLinkAbout01/15/2013 08 Yakima Air Terminal Air Service Development and Consulting Services Agreement with Airplanners, LLCBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: January 15, 2013
ITEM TITLE: Resolution approving Agreement for Air Service
Development and Consulting Services with Airplanners,
LLC.
SUBMITTED BY: Tony O'Rourke, City Manager
CONTACT Mark Kunkler, Senior Assistant City Attorney, 575 -6030
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The Yakima Air Terminal is a critical economic asset for the Yakima community. To date,
this asset is under performing. It is crucial to develop this asset to provide for enhanced air
service to Seattle, and for new air service to other regions of the country. In order to more
efficiently develop this resource, the services of experienced consultants are vital. The City
recently completed an RFP process in which Airplanners, LLC provided the best proposal to
provide services to enhance the performance of the airport. The proposed agreement
contains specific benchmarks to measure growth and expansion of airport services and the
development of a public - private sector air service alliance to enter into air service marketing
and revenue guarantee programs with airlines.
Resolution X Ordinance
Contract: X
Contract Term:
Insurance Required? No
Funding
Source:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Other
(specify)
Mail to: Airplanners, LLC, c/o Kent Myers, President &
Managing Partner, Box 1134, Avon, Colorado 81620
Amount:
Expiration Date:
Phone: 970 - 569 -3311
City Manager
Staff recommends Council adopt Resolution and approve agreement.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
1� Air Planners Resolution
❑ Airplanners Managed Competition
❑ air service comm recomm
E] Final RFP
RESOLUTION NO. R -2012-
A RESOLUTION authorizing the City manager to execute an agreement between
Airplanners, LLC and City of Yakima for air service development
and consulting services for Yakima Air Terminal.
WHEREAS, the City of Yakima (City) owns and operates a municipal airport
providing local and commercial air service within south central Washington;
WHEREAS, the City desires to promote and expand air service for the Yakima Air
Terminal, and desires to retain a qualified firm to provide air service development and
consulting services, with a priority for improved service to Seattle and new services; and
WHEREAS, the City has solicited proposals from qualified service providers
pursuant to RFP No. 11226 -P, and finds and determines that the proposal submitted by
Airplanners, LLC is the best proposal submitted by a qualified proponent; and
WHEREAS, the City Council finds and determines that approval of such
agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the Air Service
Development and Consulting Agreement, a copy of which is attached hereto as Exhibit "A"
and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 15th day of January, 2013.
ATTEST:
City Clerk
Micah Cawley, Mayor
AGREEMENT FOR
AIR SERVICE DEVELOPMENT AND
CONSULTING SERVICES — YAKIMA AIR TERMINAL
THIS SERVICE AGREEMENT, hereinafter "Agreement ", is made and entered into by and between
the City of Yakima (a Washington State municipal corporation, hereinafter the "City "), and Airplanners,
LLC (hereinafter "Contractor ").
WHEREAS, City is a municipal corporation of the State of Washington, with City Hall located at 129
North 1s' Street, Yakima, Washington 98901; and
WHEREAS, Contractor is a limited liability company duly organized and existing under the laws of
the State of Colorado, authorized to do business in the State of Washington, with offices in Colorado and
mailing address at Box 1134, Avon, Colorado 81620; and
WHEREAS, the City operates a public use municipal airport which provides public and commercial
airport service from and to south central Washington; and
WHEREAS, City desires to retain a qualified provider ::of development and consulting services to
develop, enhance and promote commercial airport services; and.
WHEREAS, City has solicited proposals pursuant to Request for Proposal (RFP) No. 11226 -P for
Air Service Development and Consulting Services for the Yakima Air Terminal, and
WHEREAS, the proposal submitted by Contractor has been found and determined to be the best
responsive proposal submitted by a qualified proponent; and
WHEREAS, Contractor has experience and expertise regarding said services, and agrees to
perform these services for the City under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and the Contractor as follows:
1. Services. The Contractor shall provide Air Service Development and Consulting Services for the
City and Yakima Air Terminal in accordance with and as described in RFP No. 11226 -P, which is attached
hereto and incorporated herein by this reference, with service priority to include improved service to
Seattle. Compensation for services rendered shall be as set forth Contractor's proposal ( "Proposal ")
except as described below:
Reference Page 11 of Proposal, amended totals for the following line items are as follows:
Line Item
Total
Research $10,000
Bonus for Seattle service 0
Bonus for expanded Seattle service 5,000
Bonus for new service to Salt Lake City 20,000
2. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or
transferred in whole or in part by the Contractor to any other person or entity without the prior written
consent of the City. In the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein.
Page 1 of 3
3. Contract Documents. The City of Yakima RFP No. 11226 -P, the Contractor's response (to the
extent consistent with the City's documents), and any addenda issued are hereby incorporated herein by
this reference.
4. Integration. This written document, inclusive of the contract documents listed above, constitutes
the entire agreement between the parties. No changes or additions to this Agreement shall be valid or
binding upon either party unless such .change or addition be in writing and executed by both parties.
5. Term.
The period of this contract shall be for a period of one (1) year from its effective date. The City may, at its
option, extend the contract on a year to year basis for up to four (4) additional one -year terms, provided,
however, that either party may at any time during the life of this contract, or any extension thereof,
terminates this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel.
Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City
provides advance notice of the intention to not renew.
6. Non Discrimination.
During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable
federal, state and /or local law or regulation on the basis of race, color, sex, religion, national origin, creed,
age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other
classification protected under federal, state, or local law. This provision shall include but not be limited to
the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, selection for training, and the provision of services under this
Agreement.
7. The Americans with Disabilities Act.
With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with
the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and. its implementing
regulations, and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in
the area of employment, public accommodations, state and local government services, and
telecommunications.
8: Termination — Convenience.
The City may terminate the Contract in whole or in part whenever the City determines, in its sole discretion
that such termination is in the interests of the City. Whenever the Contract is terminated in accordance
with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit Contract
prices for completed items of work. An equitable adjustment in the Contract price for partially completed
items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Contract by the City at any time during the term, whether
for default or convenience, shall not constitute a breach of Contract by the City.
9. Termination — Default.
If the Contractor defaults by failing to perform any of the obligations of the Contract or becomes insolvent
or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the
benefit of creditors, the City may, by depositing written notice to the Contractor in the U.S. mail, postage
prepaid, terminate the Contract, and at the City's option, obtain performance of the work elsewhere. If the
Contract is terminated for default, the Contractor shall not be entitled to receive any further payments under
the Contract until all work called for has been fully performed. Any extra cost or damage to the City
resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The
Contractor shall bear any extra expenses incurred by the City in completing the work, including all
Page 2 of 3
increased costs for completing the work, and all damage sustained, or which may be sustained by the City
by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that the
Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.
10. Defense and Indemnity Agreement.
The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and
employees, from and against all loss or expense, including but not limited to judgments, settlements,
attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or
appointed officials or employees for damages because of personal or bodily injury, including death at any
time resulting there from, sustained by any person or persons and on account to damage to property
including loss of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Vendor, his /her subcontractors, it successor or assigns, or its or their agent, servants, or
employees, The City, its appointed or elected officers, employees or their agents, except only such injury or
damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials
or employees. It is further provided that no liability shall attach to the City by reason of entering into this
contract, except as expressly provided herein.
11. Severability.
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held
invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect
without the invalid term, condition or application. To this end, the terms and conditions of this contract are
declared severable.
12. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration
of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties
to this Agreement.
13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
14. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
Tony O'Rourke, City Manager
Date:
AIRPLANNERS, LLC
0
MR
Kent Myers, President and Managing
Partner
Bruce Wetsel, Vice President and
Managing Partner
Date:
Page 3 of 3
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fi
Committee Recommendation of-Award
Air Service Development and
Consulting Services — Yakima Air Terminal
3anuaary 3, 2013
Mr. O`Rourke,
Can November 16, 2012. the City solicited RFP No. 1-1226 -P to hire a firm to
conduct Air Service Development and Consulting Services for the Yakima ,^-�.ir
Terminal.
TNk,q: proposals Were received December 13, 2412 for the above- project from the
following firms:
Air Planners,.lnc.. Edwards, CO
Mci d & --Hunt, Inc., Eugene, OR
'They.propasals were checked for responsiveness by Sue O% -nb�'; P�rrchasing
l4anager, and both proposals were deemed to be responsive and nio ,,red on to
the ri ia.lvsis-committee for Full evaluation.
The, analysis committee was formed and given materials and itistiuctions on
how, to conduct the.analysis and score the proposals. Committee Members:
Veirjynn'Besf, ,;EQ, Yakima Chamber of Commerce
John Cooper, General Manager, Yakima Convention Center
'Pta d 1!✓W`iott., Yap- ma County Commissioner
L'es F1ue, 4.irp`oet Board Chairman
Da -e Hargr-cai•es, Argus Insurance
Sean '13awk- ns;, City of Y kima Economic Development Manager
Dave Mcf+ d&n, Yakima County De -v elopment Association
Ton y O'Rourke; City of Yak- ma City Rlanager
Stec Ownhy; Natcliasinti Manager. City
l'he;.rernaining,proposals were scored utilizing the .following scoring matrix. as
listed in,tlie Its_ P:
• i
ffl,.
(1)
Qualifications and Experience of Project
0-30'
r~lana' er and.Key Staff
(2)
Record of Past Performance- 'in. air service
0 -50
expansion; public- private funding model, and
air ort economic development
(3)
Com ensatioh
0-20
TOTAL
100
Out of 800 - possible points (100 total points.for.each evaluator) for each yendor.
summary of the scores are as follows:
Air Planners, Inc 689
Mead & Hunt; inc. 607
Air Planners, Inc; was awarded the most-points and is the unanimous
winner.
The committee recotumends t11at Nve proceed to contract negotiations with Air
Planners, Inc. The resulting contu-act Neill be scat to City Council for approval.
Sincerely,
4� J'f
�c'1 -n-
r T
Sue Ownby
Purchasing Manager
City Manager
CITY OF YAKIMA
YAKIMA COUNTY
YAKIMA AIR TERMINAL AIRPORT BOARD
Request for Proposal No. 11226-P
for:
November, 16 2012
1 I P a g e
Request for Proposal No. 11226 -P
The City of Yakima, Yakima County, and the Yakima Airport Board, hereafter
referred to as the Parties, hereby solicit proposals from qualified professionals for
air service development and consulting services that will determine the feasibility
of commercial air service to targeted cities and identify carriers that could provide
the services at cost effective fares and assist the Yakima Airport in
implementation of services ( http : / /www.yakimaairterminal.com).
A Consultant Review Selection Committee will examine each proposal submitted
and prepare rankings of each proposal. The findings of the committee will be
presented to the Parties for final action. Interviews may be conducted with two or
more finalists. If such interviews are held, finalists will be notified of the date and
attendance shall be at the expense of the proposer.
Notice is hereby given by the undersigned that sealed Requests for Proposals
will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N.
2nd Street, Yakima, Washington 98901 until the hour of 3:00 PM, December 13,
2012 and Respondents names will be publicly read for:
AIR SERVICE DEVELOPMENT AND CONSULTING
SERVICES FOR YAKIMA AIR TERMINAL
Request for Proposal packets are available in the office of the Purchasing
Manager, City Hall, Yakima, Washington. 509 - 575 -6093.
The City of Yakima, Yakima County, and the Yakima Airport Board reserve the
right to reject any and all RFP's.
Dated this 14th day of November, 2012.
(Seal)
Sue Ownby, CPPO
Purchasing Manager
Publish on 11/16 & 11/17, 2012
2 1Page
CITY OF YAKIMA
REQUEST FOR,PROPOSALS NO. 11226 -P
for
AIR SERVICE DEVELOPMENT AND CONSULTING SERVICES FOR
YAKIMA AIR TERMINAL
The City of Yakima, Yakima County, and the Yakima Airport Board, hereafter
referred to as the "Parties" invites submissions from qualified consultants
interested in air service development and consulting services at the Yakima Air
Terminal ( http : / /www.yakimaairterminal.com).
1. DEADLINE FOR DELIVERY OF PROPOSALS:
One original proposal, with five (5) complete copies, shall be sealed and
must be delivered no later than 3:00 P.M. PST, December 13, 2012 to:
City of Yakima
Clerk's Office
129 No. 2nd St.
Yakima, WA 98901
Proposal packages must be marked- RFP No. 11226 -P, "Air Service
Development and Consulting Services for Yakima Air Terminal."
QUALIFICATIONS RECEIVED AFTER 3:00 P.M. PST, ON THE DATE LISTED
ABOVE WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE
STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED.
Proposals, which do not include all requested information and required documentation,
may be considered non - responsive.
Documents submitted in response to this RFP will become the property of the
City of Yakima/Yakima County/Yakima Air Terminal and will be regarded as
public record under Washington Public Records Act under RCW 42.17., and
subject to review or release to the public, excluding financial records marked
"confidential ".
2. ADDENDA:
Proposers who register with Purchasing at 509 - 575 -6093 to receive addenda to
this RFP will be notified of any addenda that may be issued. Addenda will also
be posted online at: www.vakimawa.gov /services /purchasing. Scroll down to
Current Bid Openings. Receipt of any addenda issues shall be acknowledged on
proposal form.
3 1Pape
3. RFP ADMINISTRATION:
Upon release of this RFP, all applicant communications should be directed in
writing to the RFP Coordinator listed below. Any oral communications with other
City, County or Yakima Air Terminal employees will be considered unofficial and
non- binding on the City. Written requests must be received a minimum of seven
(7) days prior to the submission deadline. Any requests received after this
deadline will not be considered. All requests received prior to the deadline will be
responded to, in writing, by the Purchasing Manager in the form of an addendum
addressed to all prospective respondents who have registered per instructions
online to receive RFP updates.
4. RFP COORDINATOR: The RFP Coordinator is:
Sue Ownby, Purchasing Manager
City of Yakima
129 No. 2nd Street
Yakima, WA 98901
Ph-. 509 - 576 -6695
email sown bV(a�ci.yakima.wa.us (preferred method)
5. PRELIMINARY RFP SCHEDULE (may be revised as needed)
Date
RFP Released .................................. ............................... November 16, 2012
Submission Deadline ...... .......................December 13, 2012 at 3:00 P.M.
Interviews... ...... . ... ............ Nov 28 -Dec 3, 2012
Faxing or mailing of letters to successful applicants ....... December 17. 2012
Proposed Start Date ....... ............................... .........................January 1, 2013
The successful applicant will be offered the opportunity to enter into an
agreement with the Parties to provide consultant services. Sample agreement
is attached.
Read this Request for Proposals (RFP) document carefully as the award will be
given to the most "responsible and responsive" Proposer responding to this RFP.
The City of Yakima/Yakima County/Yakima Airport Board reserves the right to
accept or reject any or all proposals, to extend the period for accepting
proposals, to advertise the RFP at any time and to waive any minor irregularities
in any proposals.
- - -
41Paoc
6. CONTENTS OF PROPOSAL:
a. Proposal Form, attached hereto as Exhibit A.
b. The proposal must be typed or clearly legible so as to convey to the
Airport the full intent and details as to the proposer's planning and
development of (a) an air service program, (b): marketing information
to airlines, (c) cooperative funding program and, (d) .assistance in
negotiations with selected carrier(s). Failure to submit detailed
information will justify rejection of any proposal submitted hereunder.
c. Proposal must provide evidence the proposer has the necessary
qualifications and experience to fulfill the conditions of the Contract.
The Parties reserve the right to thoroughly investigate the experience
and record of the proposer.
d. Experience and Skill of Firm
i. Must include type and number of years' experience providing
air service development consulting services.
ii. Must demonstrate the firm's experience with air service
development including any consulting involving major
airlines (full service and low- fare).
iii. Must demonstrate experience developing. strategic business
recommendations for air service incentive programs.
iv. Must demonstrate a capable working knowledge of the
Airport's operations , and an understanding of airline
operations.
v. Must disclose any potential conflicts that may arise in this
project due to its representation of other Airport.
vi. Must provide at least one sample airline presentation to
demonstrate the firm's ability to produce an organized flow of
information with appropriate graphical presentation.
e. Qualifications and Experience of Proiect Manaoer and Kev Staff
i. Must provide relevant experience and qualifications for all
personas that will be actively engaged in each phase of the
project (including major clients and projects each individual
has .worked on in the last three years, references to contact
regarding the work, and the specific responsibility each
individual will have on this project).
ii. Must demonstrate the capacity and capability of the firm with
respect to such factors as cost control, quality of work, and
ability to meet schedules.
5 1 P a e
f. Record of Past Performance
i. Must demonstrate success in attracting new or otherwise
improving air service to a variety of different sized Airports.
Include examples of how the firm used creative ability,
knowledge and understanding of the market conditions and
trends, and analytical capability to achieve success.
g. Compensation
i. Must provide a fee schedule for the project team and a
proposed budget for the research and development of an air
carrier presentation that introduces potential air service
opportunities to air carriers.
7. SCOPE OF SERVICES OF PROPOSAL
Services may include but are not limited to the following
a. Air Service and Business Development
➢ Development of an effective, comprehensive, year round
passenger air service program to create domestic air service at
Yakima Air Terminal.
➢ Development of detailed proposals and professional presentation
materials for meetings with targeted air carriers.
➢ Negotiate long term air service contracts that may include incentive
programs, minimum revenue guarantee (MRG) with financial caps,
flat rate contracts, and /or marketing supported agreements.
➢ Evaluate and develop a strategy for route selection and airline
selection with reasonably priced fares.
➢ Develop airline reports that focus on load factors, revenue /yield
management, retail tickets, and origination /destination (O &D) stats.
➢ Investigate charter services and low cost airline opportunities.
➢ Investigate business aviation services and other airport business
development opportunities.
➢ Assist Parties in scheduling and facilitating meetings at the highest
levels with domestic air carriers regarding potential new and /or
improved air service to Yakima Air Terminal.
6 Pace
➢ Work with partners to identify specific business strategies to
respond to opportunities for new and /or improved air service that
arise as a result of rapidly changing market conditions and /or
unexpected changes in the airline industry.
➢ Assist in identifying and serving airport- related businesses for
location at or near the Yakima Air Terminal.
h. Cooperative Funding /Business Alliances
➢ Create business alliances with major companies, governments,
and organizations as well as local businesses and the community
at large to further air service goals.
➢ Investigate and assist in cooperative funding from public and
private entities for commercial air service.
➢ Secure adequate, long term community (business and private)
pledge funding for the commercial air service program.
➢ Aid in the development of a long term funding vehicle.
i. Marketing Services
➢ Develop cooperative marketing programs with the airlines to
include but not limited to comp tickets, in -kind marketing
programs, special fares and public relations opportunities.
➢ Create and coordinate a marketing plan for negotiated air service
program to include:
o Investigate and coordinate alliance opportunities with major
lodging, property management companies, chamber of
commerce, tourism boards, real estate companies,
business organizations and airlines.
o Four season marketing plan in the communities and
region.
o Aid in coordination of the marketing plan with the
community, local businesses, lodging organizations,
schools, business organizations, transportation companies,
and the chamber of commerce.
o Incorporate the commercial air service message into
business partner marketing materials.
o Develop a community /committee communications system.
o Coordinate (as needed) with the commercial air service
alliance management the implementation of the marketing
plan.
71Pag)e
j. Deliverables
➢ An effective, comprehensive passenger air service development
program to create air service at Yakima Air Terminal.
➢ Provide a synopsis of how other U.S. airports have structure air
service incentive programs to attract air service.
➢ Yakima market analysis, to include demographic, ethnic,
economic, business, and leisure travel research.
➢ Air Service Incentive Plan.
➢ Business Development Plan
➢ Detailed written proposals and professional presentation
materials for meetings with targeted air carriers.
➢ Scheduled meetings with highest level airline schedule planners
for presentation of Airport's proposed air service.
8., CLARIFICATION
The Parties reserve the.right to request clarification of information submitted and
to request additional information from any or all of the proposers.
9. DISQUALIFICATION OF PROPOSALS
More than one proposal under the same or different names from any one
proposer will not be considered. Reasonable grounds for believing the proposer
is interested in more than one proposal will cause the rejection of all proposals in
which the proposer is interested. One or more or all proposals will be rejected if
there is reason for believing that collusion exists among proposers or Yakima,
Yakima County, Yakima Airport Board, or their officials, agents or employees.
P, proposal will not be accepted from any proposer who is in arrears or is in
default to the City upon any debt or contract, or who is a defaulter as surety or
otherwise upon any obligation to the Airport
10. PROPOSALS TO BE RETAINED
All forms, information, and sealed proposals shall become the property of the
Parties.
8 1 P a g e
11. PROPOSERS RESPONSIBLE FOR PROPOSAL
The proposer shall carefully examine the terms of the proposal documents and
minimum requirements and shall judge for itself all of the circumstances and
conditions affecting its proposal.
12. INDEMNIFICATION
To the maximum extent permitted by law, the consultant shall be liable for and
shall hold the Parties harmless from all damage or injury caused to persons or
property arising out of the performance of any contract resulting from this
Request for Proposals. The consultant shall agree to assume the defense of the
Parties and their officers, agents, and employees in all legal proceedings with
third parties connected with the consultant's performance under this Contract and
to pay all expenses, including court costs and reasonable attorney's fees,
incurred by the Parties directly or indirectly on account of such legal proceedings.
The consultant's obligations hereunder are expressly conditioned upon the City's
provision of notification to the consultant of the pendency of any such claim or
suit. The Parties shall cooperate with the consultant in its handling of any such
claim or suit to the extent their interests do not conflict.
13. WITHDRAWAL OF SELECTION
The City reserves the right to withdraw its selection of a proposer without any
liability to the Parties at any time before the Contract has been approved and
fully executed.
14. NO PROPOSAL COMPENSATION
No proposer will be compensated for submission of a proposal or-for any time or
services provided as part of the proposal, evaluation, or negotiation process.
15. PROPOSAL EVALUATION
In selecting the best proposal for the tasks to be accomplished as defined in the
Scope of Services, a Selection Committee shall evaluate all proposals submitted,
and may elect to conduct oral interviews with two or more finalists unless the
Selection Committee can make its selection based on the proposals submitted.
The Parties reserve the right to reject any and all proposals and to waive such
formalities as do not affect or alter the substantive provisions thereof.
9 1Page
The Selection Committee shall evaluate all proposals based on the following
criteria:
16. ABOUT THE AIRPORT - YAKIMA AIR TERMINAL — MCALLISTER
FIELD DESCRIPTION OF FACILITY AND OPERATIONS:
Craft Airport Master Plan: The draft airport master plan update which should
be completed by Feb 2013 by URS Corporation and can be located on the
airport's website at:
http. / /www yakimaairterminal.com /index.cfm ?fuseaction= page &pagelD =58
The draft chapters may be found on the "Master Plan Chapters" pa
The Yakima Air Terminal — McAllister Field is located in the City and County of
Yakima which is in the heart of Central Washington. The airport is nestled in a
valley between two mountain ridges at an elevation 1,099 feet Mean Sea Level.
The County is home to 247,141 full -time residents (2011 Census) and covers
roughly 4,296 square miles which makes Yakima County the second largest land
area in the State of Washington. With Yakima County's rapidly expanding
population it ranks the seventh largest population area in the State of
Washington. The Yakima Air Terminal is the gateway for this large area of
Central Washington.
Yakima and the surrounding communities provide an abundance of opportunities
for year -round recreational activities. Some of these activities include some of
the best winter skiing in the U.S , Snowmobiling end snowshoe trails during the
winter season. Numerous other activities can be enjoyed during the spring,
summer, and fall which include hiking, boating, rock climbing,, white water river
rafting, golfing, camping, water skiing, fishing, and much more.
- -- - -- - -- - -
101Page
ualifcation' and Ex � `erien`ce ` ° '
Points
(1)
Qualifications and Experience of Project-
0 -30
Manager and Key Staff
(2)
Record of Past Performance in air service
0 -50
expansion, public - private funding model, and
airport economic development
(3)
Compensation
0 -20
TOTAL
100
16. ABOUT THE AIRPORT - YAKIMA AIR TERMINAL — MCALLISTER
FIELD DESCRIPTION OF FACILITY AND OPERATIONS:
Craft Airport Master Plan: The draft airport master plan update which should
be completed by Feb 2013 by URS Corporation and can be located on the
airport's website at:
http. / /www yakimaairterminal.com /index.cfm ?fuseaction= page &pagelD =58
The draft chapters may be found on the "Master Plan Chapters" pa
The Yakima Air Terminal — McAllister Field is located in the City and County of
Yakima which is in the heart of Central Washington. The airport is nestled in a
valley between two mountain ridges at an elevation 1,099 feet Mean Sea Level.
The County is home to 247,141 full -time residents (2011 Census) and covers
roughly 4,296 square miles which makes Yakima County the second largest land
area in the State of Washington. With Yakima County's rapidly expanding
population it ranks the seventh largest population area in the State of
Washington. The Yakima Air Terminal is the gateway for this large area of
Central Washington.
Yakima and the surrounding communities provide an abundance of opportunities
for year -round recreational activities. Some of these activities include some of
the best winter skiing in the U.S , Snowmobiling end snowshoe trails during the
winter season. Numerous other activities can be enjoyed during the spring,
summer, and fall which include hiking, boating, rock climbing,, white water river
rafting, golfing, camping, water skiing, fishing, and much more.
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101Page
Yakima Valley's wine country offers visitors stunning landscapes, friendly faces,
flavorful wines, exquisite hospitality, open roads, farms, and no city traffic.,
Facility and Site Characteristics
In 1926, the Yakima Airport site was an 80 acre field full of sagebrush. Since
that time, the airport has dramatically expanded to its current size of 825 acres
and is home to 160 aircraft. Yakima Air Terminal is a FAA Part 139 certificated
airport with its primary runway classified as a C -III able to accommodate the
Boeing 737 -800 aircraft. The airport is equipped with Airport Rescue and Fire
Fighting capabilities which encompass an ARFF Index B upgradable to Index C
upon request. The main runway 9/27 is 7604 feet long by 150 feet wide and is
equipped with a precision approach Instrument Landing System to accommodate
aircraft operations in adverse weather conditions. The secondary runway 4/22 is
3835 feet long by 150 feet wide and will accommodate smaller aircraft operations
during times when the main primary runway is not available due to strong
southerly winds. Both runways have parallel taxiways that measure the full
length of each runway with connecting taxiways located at strategic points. The
Yakima Air Terminal experiences about 40,000 aircraft operations per year which
of those 18,840 are air carrier operations.
The Yakima Air Terminal also has a, variety of pilot services to include an
Automated Weather Observation System to provide critical weather information
located at the airport. In conjunction with this service, the airport has an Air
Traffic Control Tower operated by Serco under a contract with the Federal
Aviation Administration.
The Yakima Air Terminal is home to many businesses which range from aircraft
servicing to a General Aviation and Light Sport Aircraft production. The wide
variety of aircraft services include; McAllister Museum of Aviation, McCormick Air
Center a full service Fixed Based Operator, Aircraft Hangars, J.R. Helicopter
Service, Cub Crafters, and Yakima Aerosport.
The Yakima Air Terminal provides a variety of customer services which include
air service to /from the Yakima Valley. In order to facilitate these services the
airport has a terminal building located conveniently off of Washington Avenue.
The terminal building has 5 aircraft parking gates all of which embark passengers
through the ground level concourse. The airport is serviced by SeaPort Airlines
which have two daily flights to /from Wenatchee, WA and Portland, OR. The
second airline which provides three flights daily to /from Seattle International
Airport is Alaska Airlines utilizing the Bombardier Q400 aircraft. Between these
two carriers they accommodate approximately 63,000 enplanements per year.
The terminal also houses two rental car facilities which are conveniently located
adjacent to the baggage claim area. Hertz and Avis /Budget rental car companies
allow easy access to vehicles which are parked just east of the terminal building.
11IPage
Yakima Air Terminal has been the home of Cub Crafters since 1980 where the
business started out rebuilding the Super Cub. Since that time, this ambition
evolved to the stage where CubCrafters was no longer in the modification
business so much as it was building new airplanes - airplanes greatly improved
from the original Super Cub. Stronger, safer, easier to fly. More recently, in
response to the creation of the Light Sport Aircraft class, CubCrafters developed
the 100 - horsepower Sport Cub and the phenomenal new 180 hp Carbon Cub SS
(which provides the shortest takeoff, fastest climb rate and shortest landing of
any aircraft in its class). Currently CubCrafters operates in a modern 40,000
square foot facility on the eastern part of Yakima Air Terminal.
Yakima Air Terminal is also home to the McAllister Museum of Aviation where
the museum displays years of history to include how Yakima Air Terminal
became the airport as it is today. Charlie and Alister McAllister acquired and
rebuilt their first airplane, a Standard J1, in 1925. In 1926 they took flying lessons
from the famous instructor and aerobatic pilot Tex Rankin. Then they flew their
Standard J1 to Yakima to start their first flight school. At that time, there was no
airport, simply a field known as Goodman's Pasture. Later on, the pasture was
converted to the Yakima Airport, McAllister Field.
The National Guard is also located on the south side of the airport in a modern,
state of the art facility. As a tenant of the airport and Central Washington, the
National Guard enables its troops to respond to domestic emergencies, combat
missions, counterdrug efforts, reconstruction missions and more —all with equal
speed, strength and efficiency. This may include community efforts, responding
to wildfires, floods, or any natural disasters. The approximate 8,000 sq ft
facilities is also available to the public where they host many events to include
Graduations /Receptions, Social/Youth Events, Group Meetings, Sports,
Tournaments /competitions, Birthday Parties /Potlucks, Classes /Seminars,
Antique Shows, Rummage Sales, Dog /Cat Shows, and Charity Events.
McCormick Air Center is Yakima Air Terminal's full service Fixed Base Operator
which provides a wide variety of aircraft services which include.
• Full /Self service fuel
• Jet A and 100LL (full service /self fuel)
• Airframe & Power Plant Maintenance
• Ground Service Equipment
• Hangar rentals (T and Box)
• Aircraft parking
• Aircraft rental
• Aircraft flight instruction
• Pilot lounge and briefing station
• Passenger lounge with flat screen TV
• Courtesy car
-- ... -. 12 1 P_a o_e.
• Coffee
• Ice
• Catering
• Hotel Arrangements
Financial Condition and Air Service Development
The Yakima, Air Terminal has experienced difficulty in its financial performance
over the past five years. Its revenues have been essentially flat, while its
expenses have risen
During that last five years, the Yakima Air Terminal 'has, lost revenue due to
closure of the terminal's coffee shop, and restaurant, in- terminal travel agency.
The revenue derived from contracts with air carriers has also declined due to
Horizon Airlines' schedule and equipment changes (now 3 flights a day utilizing
the Q400 instead of 7 -8 flights per day to Seattle using the smaller Dash 8 -200),
and the discontinuation of service from Yakima to Salt Lake City by Delta Airlines
(Skywest). The revenue derived from commercial rents has declined and legal
fees related to commercial properties have increased. The Yakima Air Terminal
also anticipates that the increasing net costs associated with TSA LEO
regulations and reductions in related TSA reimbursement rates will present a
significant fiscal risk for the future.
Current commercial airline service departs and arrives only to and from Seattle,
Portland, and Wenatchee. Thus, business and personal airline users must
incorporate Seattle or Portland connections and layovers in order to travel to
points east of Yakima. In the alternative, Pasco airport offers departures to
Denver, Salt Lake City and San Francisco, thus enabling faster, more direct
travel time for business travelers. East - directed access can also be found at the
Redmond (Oregon) Airport, offering access to same cities. No study has yet
been conducted which .would illustrate the economic impact of the current limited
east - directed access of Yakima Air Terminal. However, it is generally believed
that east - directed access would enhance commercial, air traffic and very
positively affect Air Terminal revenues, as well as those of other commercial
activities at the Yakima Air Terminal.
131Page
Operating
Operating
Expenses
Income /
Operating
Before
(Loss) Before
Year
Revenues
Depreciation
Depreciation
2007
1,057,921
945,528
112,393
2008
1,086,376
1,049,920
36,456
2009
1,049,219
1,237,183
(187,964)
2010
1,056,972
1,238,470
(181,498)
2011
1,067,662
1,126,012
(58,350)
During that last five years, the Yakima Air Terminal 'has, lost revenue due to
closure of the terminal's coffee shop, and restaurant, in- terminal travel agency.
The revenue derived from contracts with air carriers has also declined due to
Horizon Airlines' schedule and equipment changes (now 3 flights a day utilizing
the Q400 instead of 7 -8 flights per day to Seattle using the smaller Dash 8 -200),
and the discontinuation of service from Yakima to Salt Lake City by Delta Airlines
(Skywest). The revenue derived from commercial rents has declined and legal
fees related to commercial properties have increased. The Yakima Air Terminal
also anticipates that the increasing net costs associated with TSA LEO
regulations and reductions in related TSA reimbursement rates will present a
significant fiscal risk for the future.
Current commercial airline service departs and arrives only to and from Seattle,
Portland, and Wenatchee. Thus, business and personal airline users must
incorporate Seattle or Portland connections and layovers in order to travel to
points east of Yakima. In the alternative, Pasco airport offers departures to
Denver, Salt Lake City and San Francisco, thus enabling faster, more direct
travel time for business travelers. East - directed access can also be found at the
Redmond (Oregon) Airport, offering access to same cities. No study has yet
been conducted which .would illustrate the economic impact of the current limited
east - directed access of Yakima Air Terminal. However, it is generally believed
that east - directed access would enhance commercial, air traffic and very
positively affect Air Terminal revenues, as well as those of other commercial
activities at the Yakima Air Terminal.
131Page
Current Airport Management and Operations
The Yakima Air Terminal is currently managed and run by airport employees who
manage all day -to -day functions of the airport. These daily tasks include
monitoring the daily operations, leasehold compliance, real estate property
management, coordination with Federal, State, County and local
agencies /organizations on projects affecting the airport environment, personnel
management, budget creation and management and Capital Improvement
Projects.
The staff includes:
(1) Airport Manager
(1) Assistant Airport Manager
(1) Administrative Assistant.of Projects, Leases, Security
(1) Administrative Assistant — Finance and Human Resources
(1) Terminal Building Maintenance Specialist
(2) Part Time Custodians
(1) Airport Maintenance Lead
(3) Airport Maintenance Specialist
Essential duties and responsibilities with airport maintenance specialists include
the following (other duties may be assigned):
a. Performs annual training including Airport Certification Manual (ACM)
standards, markings, signs, ground vehicle operations, NOTAM, winter
safety and operations, airport safety, self inspections, fuel handling,
hazardous wildlife attractions and wildlife control. Employee is responsible
for knowing, understanding and being able to take action on these topics
in order to keep the airport in FAR 139 compliance.
b. Performs maintenance duties including vegetation management within the
Air Operations Area /landside mowing, weeding, tree /grass trimming,
spraying grass to assure all aspects of the airfield meet stringent FAR's
while assuring the airport looks astatically appealing.
c. Operates following equipment but not limited to- snowplows, snow blower,
case loader with multiple attachments, mobile sweeper, air blast sweeper,
backhoe, forklift, boom truck, tractors, chipper, air stairs, Line Lazer striper
and city bus for tours. Employee will also maintain the three A.R.F.F.
vehicles located at the airport fire department and the airport vehicles.
Regularly scheduled maintenance for these vehicles would include lube,
oil, and filter. Other repairs range from brakes to starters from water
pumps to rear main seals.
d. Employee performs airside painting to maintain all the paint on the airfield
as need and required by the FAA. All painting projects must follow
stringent guild lines per the FAA's Advisory Circular which include the
- 141Page
following areas: Runways, Taxiways, Intersections, Ramps and service
roads (138 acres of pavement). Other areas that may require painting are
building interior, exterior, parking lots and main terminal circle drive.
e. Performs general maintenance on the airfield to include perimeter fences,
manual and hydraulic gates, signs and the airport's controlled access
system.
Maintains airport electrical systems for all airport owned buildings and
equipment. These areas include repairing or replacing airfield lighting
bulbs, fixtures, outlets, switches, streetlights in parking lot and circle drive,
baggage belt, baggage doors, sprinkler system controls, and reader board
sign. Employee will also maintain airfields back -up generator system.
g. Coordinates wildlife control on the airport through various methods
including non - lethal dispersal, vehicle sirens, bird bangers and
environmental changes. Some lethal dispersal may be required when
.wildlife hazards become a high risk. Maintain written or electronic records
of all wildlife activity on airport property and surrounding areas.
h. Performs snow removal functions when required by the airport's Snow and
Ice Control Plan. Employees use various pieces of equipment to maintain
safe standards on the airfield. Employee may be on call 24/7 during winter
months to perform these duties.
i. Assist in various forms of aircraft diverts which include marshaling, parking
aircraft and passenger assistance with small /large aircraft.
Perform building maintenance work for airport owned property which
includes roof repair, HVAC systems, plumbing, electrical, security access
control system and any form of carpentry work that can be accomplished
in house.
k. Employee is responsible for inventory of parts listing form nuts & bolts to
filters, light bulbs, oils, fuel, etc.
I. Perform various functions of fabrication of metals which include cut, weld,
heat, drill, bend, and twist metal to make repairs and parts for equipment.
Airport owned signs may be developed through maintenance department
which consists of metal bending and cutting equipment. Repair and
manufacture many wood products with the saws and drills.
m. Keep records on all the equipment and training accomplished per the
FAA. Some record keeping measures include but not limited to mileage,
fuel usage, oil. changes and 'repairs.
151Page
17. ABOUT THE CITY.
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and
is located in central Washington State. It encompasses 28.7 square miles in an
area of rich volcanic soil. The City is 145 miles southeast of Seattle, 200 miles
southwest of Spokane, and 180 miles northeast of Vancouver, Washington. The
region is served by rail, highway and air transportation facilities, which have
helped develop the City as the commercial and business center of Central
Washington. With a 2011 population of 91,630 Yakima is the ninth largest city in
the State of Washington.
The City of Yakima operates as a first class charter city under the
Council /Manager form of government. The City Council consists of seven
Council members, four of whom are elected from separate districts, and three
elected at large. The Council chooses the Mayor, from within its own
membership, every two years.
The City provides the full range of municipal services contemplated by charter or
statute. These include public safety (police, fire, and building), public
improvements (streets, traffic signals), sanitation (solid waste disposal, sanitary
wastewater utility), water and irrigation utilities, transit, community development,
parks and recreation, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley.
Apples, cherries, pears, grapes, and other fruits, plus a wide variety of field crops
and vegetables make the Yakima Valley one of the top agricultural producing
areas of the nation. Agriculture crops stretch over 350,000 acres and produce
over thirty types of fruits and vegetables. Irrigation in the valley is made possible
from water from the U.S. Bureau of Reclamation's Yakima Project. With its farm
production base, the Yakima area is a major food processing region.
Adding to the area's economy are over 250 manufacturing firms in the Yakima
area that produced a variety of products including wood products, packaging,
plastic products, produce and aircraft parts.
➢ Del Monte, officially formed in the Yakima Valley in 1910, packs
cherries and pears within the Yakima Valley and employs
approximately 23 full time, and 600 seasonal employees.
➢ Shields Bag and Printing, originating in 1935, has grown from a
small town printer to a leader in the flexible packaging industry.
Currently, Shields employs over 450 people.
➢ GE Aviation located in Yakima, a primary manufacturer of hydraulic
equipment for the aerospace industry. The Yakima plant, with
1611 "a e
about 300 employees, focuses on landing gear and hydraulic
systems.
➢ Irwin Research and Development located in Yakima, a primary
manufacturer of polystyrene packaging machinery for the food
industry. The company has operated in Yakima for over 20 years
and employs more than 125 people.
TRANSPORTATION
Commercial airline service is provided by Alaska Airlines through the Yakima Air
Terminal. Greyhound Bus has regular passenger service schedules to and from
Yakima, and the Burlington Northern Santa Fe Railroad supplies product
services for Yakima. The air, highway and rail systems in the Yakima Valley
provide critical, high quality services to our agricultural, industrial, commercial
and tourism based businesses.
HOSPITALS.
There are two major hospitals in the Yakima area. Yakima Valley Memorial
Hospital inpatient services include, but are not limited to, Cardiology, Critical
Care, Orthopedics, the Family Birthplace, Pediatrics Unit, Neonatal Intensive
Care, Surgery, Psychiatric Health Care, Respiratory Therapy, as well as a
Laboratory and a Pharmacy, and maintains a staff of approximately 2,200
employees. Yakima Regional Medical and Cardiac Center provides a full
complement of medical services, including open heart surgery, a 17-bed CARF
accredited inpatient rehabilitation unit, a newly renovated and expanded 21 -bed
emergency department, a level III trauma designation, an on campus MRI
service and over 900 employees.
CANCER CARE CLINIC
The North Star Lodge is a 36,000 square foot outpatient Cancer Center built in
2000, and founded by Memorial Hospital. The facility offers services beyond
what many major medical centers offer. The innovative and comprehensive
cancer care offered at North Star Lodge allows Central Washington cancer
patients the same innovative treatments available at major cancer centers
throughout the country.
MUSEUM
When the 65,000 square foot Yakima Valley Museum was remodeled in 2002,
the project added 4,500 square feet of space to the interior, and gave the front of
the building a new look. Historical exhibits about the Yakima Valley, including its
natural history, American Indian culture, pioneer life, early city life, and
information regarding the Yakima Valley's agriculture history are available,, as
well as the Museum Soda Fountain, a functioning replica of a late 1930's Art
Deco soda fountain.
l71Paae
ECONOMIC DEVELOPMENT
The nonprofit Yakima County Development Association (New Vision), originally
funded with $1,000,000 in donations from local business and industry, has made
tangible progress over the years in business expansion, industrial recruitment,
development of new business ventures and infrastructure development with
broad public and private sector involvement. Over the past five years New Vision
has provided in -depth assistance to 19 companies that have located or expanded
business facilities in Yakima County. These companies have collectively
invested over $75 million in new facilities or equipment and created over 750 new
jobs.
HIGHER EDUCATION
There are several higher education institutions serving the Yakima area. Yakima
Valley Community College (YVCC) in Yakima and Grandview is a two -year
institution founded in 1928, which offers a multitude of academic programs. In
the fall of 2003 the Deccio Higher Education Center was opened on the YVCC
campus. The center is a new approach taken by the state to provide higher
education to the area and houses YVCC student services, eleven interactive
television classrooms, two video conference rooms, seven computer labs, two
workshop /seminar rooms, a graduate study area, and a large meeting room.
Heritage University is located a few miles southeast of Yakima, and is an
accredited four -year liberal arts college. Perry Technical Institute offers a
nationally recognized vocational / technical program and is accredited by
ACCSCT (Accrediting Commission of Career Schools and Colleges of
Technology). The Pacific Northwest University of Health Sciences (PNWU)
opened in 2008, trains approximately 75 new primary care physicians per year,
and is the first medical university to open in the entire Pacific Northwest in 60
Years.
TOURISM
Yakima is a popular location for sports events, conventions and a variety of
tourism activities due to its dry climate, approximately 300 days of sunshine
annually, and convenient central location in the State. The Yakima area provides
hunting, fishing and water skiing opportunities, and provides numerous recreation
opportunities in both summer and winter. Yakima is located within an hour's
drive of abundant recreational activities, such as snow skiing, hiking, mountain
climbing, and rock climbing, located in numerous National Parks, including Mt.
Rainier National Park.
A growing industry bringing increasing numbers of tourists to the Yakima Valley
is Yakima Valley's magnificent vineyards and wineries. The area is fast
becoming known as the "Gateway to Wine Country." There are over forty
wineries located in the Yakima Valley, and many area wines have received
significant recognition and awards.
-
-- ----- -------- -- - - - -
18 1 P a g e
Recreational opportunities are plentiful in Greater Yakima. There are 34 parks,
for a total of 352 acres, located within the City for public use. In 2011, the City
operated two swimming pools - one outdoor and one indoor, along with two
water playground areas and two skate parks. In addition, there are two public
and one private 18 -hole golf courses, three nine hole courses and 24 public
tennis courts. There are also six little league fields and seven softball fields -
five of which have lighting. In addition to the six fields located in City parks, the
J.M. Perry Complex has fields that can be configured into either ten youth or six
full size soccer fields.
Facilities within the area which provide for various conventions, sports and other
tourism related activities include:
➢ The Yakima'Convention Center has an impressive 41,000 square feet of
meeting space available. The fully carpeted, column free, 23,400 square
foot Grand Ballroom can be divided into eight separate rooms and the
South Ballroom can be divided into six separate rooms, allowing many
possible variations to fit specific needs.
➢ The State Fair Park, the home of the Central Washington State Fair,
featuring the Sun Dome - the largest facility of its type in the world, hosts
year -round world tour class events, and the Yakima Baseball Stadium, a
professional minor league class 3,000 seat capacity stadium.
➢ The Capitol Theatre, a magnificent and historical theatre originally built in
1920, seats 1,500 and holds over 150 activities and events annually. The
theatre recently expanded by adding a Production Center which was
completed in late 2010. This facility includes a 500 seat black box theatre
now known as the "4th Street Theatre ", as well as an expanded
loading /unloading area that will accommodate larger productions, and an
additional basement storage area.
- _ -- - -- - - - - - -- - - -- - - - - - - -- - -- -- -------- - - - -- - -.., - -
191Page
EXHIBIT A
PROPOSALFORM
The following proposal is submitted for air service development and
consulting services at Yakima Air Terminal, in accordance with the provisions,
terms, covenants, and conditions set forth in the Solicitation and Proposal
Documents.
The undersigned certifies that lie /she has read and understands the terms
and conditions in the Solicitation and the Proposal Documents, and has
the capability to carry out all of the Consultant's responsibilities set forth
therein. The undersigned understands that its proposal will be effective
upon acceptance of the proposal and subsequent execution of a Contract
with the City of Yakima, Yakima County, and Yakima Air Terminal. The
undersigned further states that the proposer has not been a party to any
collusion among proposers in restraint of freedom of competition by
agreement to preclude proposals for or refrain from proposing; or with any
official of the City of Yakima, Yakima County, or Yakima Air Terminal or
any of their employees as to compensation in the prospective Contract; or
in any discussion between proposers and any officials of the City of
Yakima, Yakima County, or Yakima Air Terminal or any of their employees
concerning exchange of money or other things of value for special
consideration in the selection of the successful proposer for the Air
Service Development and Consulting Services for the City of Yakima,
Yakima County or the Yakima Air Terminal.
2. In connection with the air service development and consulting services for
the City of Yakima, Yakima County and the Yakima Air Terminal under
this proposal, the proposer agrees as follows:
a. The proposer agrees not to discriminate against any employee or
applicant for employment because of race, color, creed, sex,
national origin, sexual origin, ancestry, age, or disability. The
proposer shall take affirmative action to ensure that employees are
treated without regard to their race, color, creed, sex, national
origin, sexual orientation, ancestry, age, or disability, as defined by
the Americans with Disabilities Act of 1990, Section 3 (2). Such
actions shall include, but not be limited to, the following -
employment, upgrading, demotion or transfer, or pay or other forms
of compensation and selection for training, including
apprenticeship. The proposer and subcontractors /sub lessees shall
agree to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided by the City Clerk
of the City of Yakima setting for the provisions of this section.
- - -- 20 1 P a,, e
b. In the event of the proposer's noncompliance with this
nondiscrimination clause, the Contract may be canceled or
terminated by the City, County, or Air Terminal. The proposer may
be declared by the City, County or Air Terminal ineligible for further
contracts or agreements with the said agency until satisfactory
proof of intent to comply shall be made by the proposer and /or
subcontractors /sub lessees.
c. The proposer agrees to include the requirements of this
nondiscrimination clause in any subcontracts /subleases connected
with the performance of this Contract.
d. The declaration of the proposer's qualifications and experience is
complete to the best of the proposer's ability, and it swears that all
information contained therein is true and correct to the best of its
knowledge.
3. By submission of this proposal., the proposer acknowledges that the City
has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the proposer's
declaration of its qualifications and experience, and authorizes the release
to the City of any and all information sought in such inquiry or
investigation.
4. Receipt is acknowledged of the following addenda: (if applicable)
Submitted by: (Please type or print)
COMPANY NAME-
ADDRESS:
PHONE NO.
FAX NO:
EMAIL ADDRESS:
If a partnership, a general partner must sign; if a corporation, an authorized
corporate officer must sign, and the corporate seal must be affixed to this
proposal form.
a�,e
Zn
ATTEST (SEAL) PROPOSER:
Name/Title
FIRM:
Printed Name
Title
Subscribed and sworn to before me this _day of
'' ' ---- '- - - ----'----'-- ---' --- -- --- - --'--
22|Ps�c
SAMPLE STANDARD PROFESSIONAL SERVICES AGREEMENT
The respondent awarded the contract will be required to sign a contract with the Yakima
Air Terminal which will address all of the proposal elements. Included below is a sample
contract subject to negotiation by both parties.
AGREEMENT
For Professional Services
THIS AGREEMENT ( "Agreement ") is made and entered into this day
of , 20 by and between the Yakima Air Terminal
( "YAT "), and Error! Reference source not found. ( "Consultant ").
WHEREAS, YAT is undertaking the following project: ( "Project "), and
WHEREAS, YAT desires to retain the services of a Consultant to
complete the Project as set forth in this Agreement; and
WHEREAS, Consultant desires to provide those services to YAT.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties agree as follows:
1. Services. YAT agrees to retain Consultant to provide the services
set forth in Exhibit A, attached hereto and incorporated- herein by reference
( "Services "), and Consultant agrees to so serve. Consultant warrants and
represents that it has the requisite authority, capacity, experience, and expertise
to perform the Services in `compliance with the provisions of this Agreement and
all applicable laws and agrees to perform the Services on the terms and
conditions set forth herein. YAT reserves the right to omit any of the Services
identified in Exhibit A upon written notice to Consultant.
2. Compensation. YAT agrees to pay Consultant a sum not to
exceed -- Dollars ( ), as adjusted to reflect the deletion by YAT of any of the
Services set forth in Exhibit A. YAT shall make payment upon receipt and
approval of invoices submitted by Consultant, which invoices shall be submitted
to YAT not more frequently than monthly and which shall identify the specific
Services performed for which payment is requested.
3. Term. The Term of this Agreement shall be from the date first
written above until unless extended by written agreement of the
parties.
23lPage
4. Appropriation. The parties agree and acknowledge that this
Agreement does not constitute a multiple fiscal year debt or financial obligation of
YAT based on YAT's ability to terminate this Agreement pursuant to
"Termination," below. Consultant acknowledges that YAT has made no promise
to continue to budget funds beyond the current fiscal year and that YAT has and
will pledge adequate cash reserves on a fiscal year -by- fiscal year basis.
5. Monitoring and Evaluation. YAT reserves the right to monitor and
evaluate the progress and performance of Consultant to ensure that the terms of
this Agreement are being satisfactorily met in accordance with YAT's and other
applicable monitoring and evaluating criteria and standards. Consultant shall
cooperate with YAT relating to such monitoring and evaluation.
6. YAT Property. Reports, surveys, maps, plans, drawings,
photographs, and any other tangible materials produced by Consultant pursuant
to this Agreement shall at all times be considered YAT property.
7. Independent Contractor. The parties agree that Consultant shall be
an independent contractor and shall not be an employee, agent, or servant of
YAT. Consultant is not entitled to workers' compensation benefits from
YAT and is obligated to pay federal and state income tax on any money
earned pursuant to this Agreement.
8. FAA Grant Assurance Requirements and Non Discrimination.
Contractor shall perform or comply with all FAA grant assurances.
9. Insurance Requirements.
a. Comprehensive General Liability Insurance. Consultant
shall procure and .keep in force during the duration of this Agreement a
policy of comprehensive general liability insurance insuring Consultant
and naming City of Yakima, Yakima County and the Yakima Air Terminal
as an additional insured against any liability for personal injury, bodily
injury, or death arising out of the performance of the Services with at least
One Million Dollars ($1,000,000) each occurrence. The limits of said
insurance shall not, however, limit the liability of Consultant hereunder.
b. Comprehensive Automobile Liability Insurance. Consultant
shall procure and keep in force during the duration of this Agreement a
policy of comprehensive automobile liability insurance insuring Consultant
and naming City of Yakima, Yakima County and the Yakima Air Terminal
as an additional insured against any liability for personal injury, bodily
injury, or death arising out of the use of motor vehicles and covering
operations on or off the site of all motor vehicles controlled by Consultant
which are used in connection with the Project, whether the motor vehicles
are owned, non - owned, or hired, with a combined single limit of at least
241Page
One Million Dollars ($1,000,000). The limits of said insurance shall not,
however, limit the liability of Consultant hereunder.
C. Professional Liability Insurance. If Consultant is an architect,
engineer, surveyor, appraiser, physician, attorney, accountant, or other
licensed professional, or if it is customary in the trade or business in which
Consultant is engaged to carry professional liability insurance, or if YAT
otherwise deems it necessary, Consultant shall procure and keep in force
during the duration of this Agreement a policy of errors and omissions
professional liability insurance insuring Consultant against any
professional liability with a limit of at least One Million Dollars ($1,000,000)
per claim and annual aggregate. The limits of said insurance shall not,
however, limit the liability of Consultant hereunder.
d. Terms of Insurance.
(i) Insurance required by this Agreement shall be with
companies qualified to do business in the State of Washington with
a general policyholder's financial rating of not less than A- as set
forth in the most current edition of "Best's Insurance Reports" and
may provide for deductible amounts as Consultant deems
reasonable for the Services, but in no event greater than Twenty
Thousand Dollars ($20,000.00). No such policies shall be
cancelable or subject to reduction in coverage limits or other
modification except after thirty (30) days prior written notice to YAT.
Consultant shall identify whether the type of coverage is
"occurrence" or "claims made." If the type of coverage is "claims
made," which at renewal Consultant changes to "occurrence,"
Consultant shall carry a six (6) -month tail. Consultant shall not do
or permit to be done anything that shall invalidate the policies.
(ii) The policies described in subparagraphs a. and b.
above shall be for the mutual and joint benefit and protection of
Consultant and City of Yakima, Yakima County and the*Yakima Air
Terminal. Such policies shall provide that City /County or YAT,
although named as an additional insured, shall nevertheless be
entitled to recovery under said policies for any loss occasioned to it,
its officers, employees, and agents by reason of negligence of
Consultant, its officers, employees, agents, subcontractors, or
business invitees. Such policies shall be written as primary policies
not contributing to and not in excess of coverage the YAT may
carry.
e. Workers' Compensation and Other Insurance. During the
term of this Agreement, Consultant shall procure and keep in force
workers' compensation insurance and all other insurance required by any
251Paoe
applicable law. If under Washington law Consultant is not required to
carry workers' compensation insurance, Consultant shall provide YAT an
executed Certificate of Exemption from Statutory Workers' Compensation
Law and Acknowledgement of Risk/Hold Harmless Agreement, which
shall be attached hereto as Exhibit B. and incorporated herein by
reference.
f. Evidence of Coverage. Before commencing work under this
Agreement, Consultant shall furnish to YAT certificates of insurance
policies evidencing insurance coverage required by this Agreement.
Consultant understands and agrees that YAT shall not be obligated under
this Agreement until Consultant furnishes such certificates of insurance.
g. Subcontracts. Consultant agrees to include the insurance
requirements set forth in this Agreement in all subcontracts. YAT shall
hold Consultant responsible in the event any subcontractor fails to have
insurance meeting the requirements set forth in this Agreement. YAT
reserves the right to approve variations in the insurance requirements
applicable to subcontractors upon joint written request of subcontractor
and Consultant if, in YAT's opinion, such variations do not substantially
affect VAT's interests.
10. Indemnification. Consultant hereby covenants and agrees to
indemnify, save, and hold harmless City of Yakima, Yakima County, the Yakima
Air Terminal, their officers, employees, and agents from any and all liability, loss,
costs, charges, obligations, expenses, attorney's fees, litigation, judgments,
damages, claims, and demands of any kind whatsoever arising from or out of any
negligent act or omission or other tortious conduct of Consultant, its officers,
employees, or agents in the performance or nonperformance of its obligations
under this Agreement.
26 Pa e
11. Termination.
a. Generally. YAT may terminate this Agreement without
cause if it determines that such termination is in VAT's best interest. YAT
shall effect such termination by giving written notice of termination to
Consultant, specifying the effective date of termination, at least fourteen
(14) calendar days prior to the effective date of termination. In the event
of such termination by YAT, YAT shall be liable to pay Consultant for
Services performed as of the effective date of termination, but shall not be
liable to Consultant for anticipated profits. Consultant shall not perform
any additional Services following receipt of the notice of termination unless
otherwise instructed in writing by YAT.
b. For Cause. If, through any cause, Consultant fails to fulfill its
obligations under this Agreement in a timely and proper manner, violates
any provision of this Agreement, or violates any applicable law, YAT shall
have the right to terminate this Agreement for cause immediately upon
written notice of termination to Consultant. In the event of such
termination by YAT, YAT shall be liable to pay Consultant for Services
performed as of the effective date of termination, but shall not be liable to
Consultant for anticipated profits. Consultant shall not perform any
additional Services following receipt of the notice of termination.
Notwithstanding the above, Consultant shall not be relieved of liability to
YAT for any damages sustained by YAT by virtue of,any breach of this
Agreement, and YAT may withhold payment to Consultant for the
purposes of setoff until such time as the exact amount of damages due, to
YAT from Consultant is determined.
12. Governing Law and Venue. This Agreement shall be governed by
the laws of the State of Washington, and venue shall be in Yakima
County, Washington. This agreement shall also be governed by all
federal, state, and local laws, ordinances, rules, and regulations that in
any manner affect the work including but not limited to applicable FAA and
TSA regulations and policies.
13 AIRPORT SECURITY. The Federal Transportation Security
Administration is the federal agency primarily responsible for overseeing
the security measures utilized by the airport owner pursuant to the
relevant provisions of Chapter 49, United States Code, and regulations
adopted under the authority of the Code, including but not limited to 49
CFR 1540, 49 CFR 1542, et seq. Violations of the statutes or regulations
may result in severe civil monetary penalties being assessed against the
airport operator. It is the intent of the YAT that the burdens and
consequences of any security violations imposed upon the YAT as a result
of actions by the prospective Airport manager or management entity, or its
27�Pa17e
employees, agents, invitees, or licensees shall be borne by the
prospective Airport manager or management entity.
14. Assignability. Consultant shall not assign this Agreement without
YAT's prior written consent.
15. Bindinq Effect. This Agreement shall be binding upon, and shall
inure to the benefit of, the parties hereto and their respective heirs, personal
representatives, successors, and assigns.
16. Survival Clause. The "Indemnification" provision set forth in this
Agreement shall survive the completion of the Services and the satisfaction,
expiration, or termination of this Agreement.
17. Entire Agreement. This Agreement contains the entire agreement
of the parties relating to the subject matter hereof and, except as provided
herein, may not be modified or amended except by written agreement of the
parties.
18. Severability. In the event a court of competent jurisdiction holds
any provision of this Agreement invalid or unenforceable, such holding shall not
invalidate or render unenforceable any other provision of this Agreement.
19. Headings. Paragraph headings used in this Agreement are for
convenience of reference and shall in no way control or affect the meaning or
interpretation of any provision of this Agreement.
20. Notices. Written notices required under this Agreement and all
other correspondence between the parties shall be directed to the following and
shall be deemed received when hand - delivered or three (3) days after being sent
by certified mail, return receipt requested:
City: Sue Ownby
Purchasing Manager
129 No. 2 "d St.
Yakima, WA 98901
Consultant:
21. Time of the Essence. Consultant acknowledges that time is of the
essence of this Agreement. Consultant's failure to complete any of the Services
contemplated herein during the Term of this Agreement, shall be deemed a
breach of this Agreement.
281 Pag),e
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first above written.
YAKIMA AIR TERMINAL
A
Title:
CONSULTANT: Error! Reference source not
found.
Title:
_.-- ._ 29jPage
NONCOLLUSION AFFIDAVIT
STATE OF
COUNTY OF
(Seller's Authorized Agent)
of lawful age, being first duly
sworn on oath state that:
1. 1 am the authorized agent of Seller herein for the purposes of certifying
facts pertaining to the existence of collusion between and among bidders
and municipal officials or employees, as well as facts pertaining to the
giving or offering of things of value to government personnel in return for
special consideration in the letting of any contract pursuant to the bid to
which this statement is attached.
2. 1 am fully aware of the facts and circumstances surrounding the making of
Seller's Bid to which this statement is attached, and I have been
personally and directly involved in the proceedings leading to the
submission of such bid; and
3. Neither the Seller nor anyone subject to the Seller's direction or control
has been a party:
a. to any collusion among bidders in restraint of freedom of
competition by agreement to bid at a fixed price or to refrain
from bidding,
b. to any collusion with any municipal official or employee as to
quantity, quality, or price in the prospective contract, or as to
any other terms of such prospective contract, nor
,c. in any discussions between bidders and nay municipal official
concerning exchange of money or other things of value for
special consideration in the letting of a contract.
By-
Signature
_.__ - 301Page