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HomeMy WebLinkAboutR-1994-074 Yakima Air Terminal• RESOLUTION NO. R-94 74 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement Between the City of Yakima, in coalition with several other entities possibly including Yakima County, the Yakima Air Terminal, the Greater Yakima Chamber of Commerce and the Yakima County Development Association, and Larry West for services to coordinate the efforts of a coalition formed to ensure that the Yakima Air Terminal remains established as a stand-alone radar facility WHEREAS, the Yakima Air Terminal is crucial to the economic and general development of the City of Yakima, and WHEREAS, the Yakima Air Terminal is now established with "stand- alone" air traffic control radar; and WHEREAS, stand-alone air traffic control radar at the Yakima Air Terminal's is a key element in the future development of the Yakima Air Terminal as a reliable public air facility and as the site of a Foreign Trade Zone, and is otherwise a uniquely valuable asset to the City of Yakima generally, and WHEREAS, Federal government authorities are now considering transferring air traffic control radar for the Yakima Air Terminal to a remote location, and WHEREAS, the City of Yakima is a joint owner of the Yakima Air Terminal and is committed to preserving stand-alone air traffic control radar for the Yakima Air Terminal, and WHEREAS, other interested parties including Yakima County, the Yakima County Development Association and the Greater Yakima Chamber of Commerce have proposed to form a coalition including the City of Yakima to ensure that stand-alone air traffic control radar remains established at the Yakima Air Terminal, and lap/contracts/Larry Peterson :stand alone radar.res WHEREAS, Larry West is abundantly qualified to serve as coordinator of the proposed coalition, and Larry West has been proposed by the interested parties to serve as coordinator of the proposed coalition, and WHEREAS it is in the best interests of the City of Yakima to participate in the proposed coalition and support the cost of Larry West's services as coalition Coordinator, and whereas up to Five Thousand Dollars ($5,000) is a reasonable amount of money for the City of Yakima to spend to support the work of the proposed coalition to ensure stand-alone radar air traffic control radar at the Yakima Air Terminal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and City Clerk are hereby authorized and directed to execute a Professional Services Agreement Between the City of Yakima, in coalition with other entities possibly including Yakima County, the Yakima Air Terminal, the Greater Yakima Chamber of Commerce and the Yakima County Development Association, and Larry West as Coordinator for coordination services for the efforts of the coalition to ensure that the Yakima Air Terminal remains established as a stand-alone radar facility Such agreement shall provide that the City of Yakima shall not pay more than $5,000 for such coordination services. The authority provided by this resolution is limited to this matter and its exercise shall be subject to review and approval of any proposed contract by the City Attorney prior to execution of such contract. ADOPTED BY THE CITY COUNCIL this 21st day of June ATTEST Mayor City Clerk lap/contracts/Larry Peterson :stand alone radar.res , 1994 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF YAKIMA, YAKIMA COUNTY, YAKIMA CHAMBER OF COMMERCE, YAKIMA COUNTY DEVELOPMENT ASSOCIATION, THE YAKIMA AIR TERMINAL AND LARRY WEST THIS AGREEMENT is made and entered into this 14 day of , 1994, by and between the City of Yakima, Yakima County, Yakima Chamber of Commerce, Yakima County Development Association, and the Yakima Air Terminal, hereinafter collectively referred to as the "Coalition;" and Larry West hereinafter referred to as the "Coordinator." WHEREAS, the Yakima Air Terminal is crucial to the economic and general development of the City of Yakima and Yakima County; and WHEREAS, the Yakima Air Terminal is now a "stand-alone" facility for air traffic control radar; and WHEREAS, the Yakima Air Terminal's "stand-alone" status is a key element in the future development of the Yakima Air Terminal as a reliable public air facility, as the site of a Foreign Trade Zone, and as a hub for Federal -Express package service; and WHEREAS, Federal government authorities are considering transferring control of air traffic radar to a remote location; and WHEREAS, the Coalition is committed to preserving the stand-alone status of the Yakima Air Terminal; and WHEREAS, Coordinator is abundantly qualified and desires to serve as coordinator of the Coalition; WHEREAS it is in the best interests of the Coalition members to utilize Coordinator as coalition coordinator under the terms and conditions set forth in this agreement: NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the Coalition and Coordinator as follows: 1. Scope of Professional Services a. Larry West will serve as the Coordinator of the coalition to preserve the Yakima Air Terminal as a locally -operated, stand-alone radar facility for air traffic control. Page 1 of 9 (1s) stand alone radar.k b. The Coordinator will work on behalf of and at the direction of the Coalition to arrange a meeting between the Coalition members, Yakima's Congressional delegation, all principals from the Federal Aviation Administration (FAA), and the State Board of Aeronautics (SBA) to be held in Yakima not later than the fourth week in July, 1994. c. Prior to the date of said meeting, the Coordinator shall research and obtain all necessary and relevant documentation regarding the stand-alone radar issue and corresponding concerns. Coordinator shall prepare a formal and professional document presenting pertinent information and community concerns about the stand alone radar issue to all interested parties at said meeting. d. The Coordinator shall plan, prepare, and present no less than three media presentations prior to the date of said meeting. e. The Coordinator shall contact and inform on a weekly basis each principal of the Coalition of his progress towards the preservation of a locally - operated, stand-alone facility for air traffic control radar at the Yakima Air Terminal. 2. Changes. The Coalition, without invalidating this Agreement, may order changes within the general scope of the services required by this Agreement by altering, adding to and/or deducting from the services to be performed. If any changes under this clause causes an increase or decrease in the Coordinator's cost of, or the time required for, the performance of any part of the work under this Agreement, an equitable adjustment shall be made by mutual agreement and the Agreement modified in writing accordingly. All such changes in the services shall be in writing prior to performance, shall be performed subject to the provisions of this Agreement, and shall be incorporated herein as exhibits. 3. Ownership of Documents. Reports and all relevant data such as maps, diagrams, plans, designs, statistics, specifications, and other supporting records and drawings compiled or prepared in the course of performance of this Agreement by Coordinator shall be the property of the Coalition and each member of the Coalition shall be entitled to at least one copy of each such document. 4. Consideration. Except as stated in Section 2, Changes, and in consideration of the Coordinator's performance of all terms and conditions of this Agreement, the principals of the Coalition agree to pay Coordinator as follows: a. The City of Yakima agrees to pay Coordinator a total sum not to exceed Five Thousand Dollars ($5,000.00). Page 2 of 9 (Is) stand alone radar.k b. Yakima County agrees to pay Coordinator a total sum not to exceed Five Thousand Dollars ($5,000.00). c. The Yakima Air Terminal agrees to pay Coordinator a total sum not to exceed One Thousand Dollars ($1,000.00). d The Yakima Chamber of Commerce agrees to pay Coordinator a total sum not to exceed Fifteen Hundred Dollars ($1500.00). e. The Yakima County Development Association agrees to pay Coordinator a total sum not to exceed Fifteen Hundred Dollars ($1500). The total of the above sums shall not exceed Fourteen Thousand Dollars ($14,000.00). All payments are expressly conditioned upon Coordinator providing satisfactory work and services to the Coalition. 5. Period of Performance. Coordinator shall commence work immediately upon the execution of this Agreement or as scheduled by mutual agreement by the Coalition and Coordinator. This agreement shall terminate upon Coordinator's completion of all work and services required hereunder, or, and with regard to each member of the Coalition, upon termination as set forth in section 14 of this Agreement. Coordinator shall make whatever time investments are necessary to complete said work and services in a timely and efficient manner. 6. Independent Contractor. Coordinator and the Coalition understand and expressly agree that Coordinator is an independent contractor, and neither the Coordinator nor any of Coordinator's employees shall be considered employees of any member of the Coalition. Coordinator and Coordinator's employees shall make no claim of employment or claim any related employment benefits against any member of the Coalition, including but not limited to, medical benefits, social security, and retirement. Coordinator has no authority to nor shall Coordinator represent that it has authorization to bind the Coalition in any manner. 7. No Conflict of Interest. Coordinator represents that neither he nor his employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Coordinator further covenants that he will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 8. Taxes and Assessments. Coordinator shall be solely responsible for compensating his employees and for paying all related taxes, deductions, and assessments, including but not limited to, Page 3 of 9 Us) stand alone radar.k federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and any other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event any member of the Coalition is assessed such a tax or assessment as a result of this Agreement, Coordinator shall pay the same before it becomes due. 9. Discrimination. Coordinator shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. 10. Standards of Performance. In performing the services, Coordinator shall exercise due care and diligence in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services, and shall comply with all applicable laws, regulations, and other requirements of any governmental authority having jurisdiction. 11. No Insurance. It is understood that no member of the Coalition maintains any liability insurance for Coordinator and his employees. 12. Hold Harmless. Coordinator shall defend, indemnify, and hold harmless all members of the Coalition, their agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Coordinator's performance of this Agreement. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Coordinator to any other person or entity without the prior written consent of all members of the Coalition. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Coordinator as stated herein. 14. Termination. Each member of the Coalition may terminate their respective involvement and obligations under this Agreement with or without cause, by giving Coordinator ten (10) days written notice of termination. If the Agreement is so terminated, Page 4 of 9 Os) stand alone radar.k and pursuant to sections 2 and 4, each terminating Coalition member shall pay Coordinator such portion of the contract compensation allocable to the services performed prior to the termination date. 15. Interpretation. This Agreement 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. 16. Severability. If any portion of this Agreement is changed by mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in full force and effect. 17. Non -Waiver. Any failure by either party to enforce performance by the other party of any provision of this Agreement or exercise any rights or remedies hereunder, shall not constitute a waiver of such provision, right or remedy. 18. Notices. Unless stated otherwise, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO COALITION: CITY OF YAKIMA Dick Zais, City Manager 129 North 2nd Street Yakima, WA 98901 YAKIMA COUNTY Chuck Klarich, Chairman Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 YAKIMA CHAMBER OF COMMERCE Gary Webster, General Mgr./Corporate Secretary 10 N. 9th Street Yakima, WA 98901 YAKIMA COUNTY DEVELOPMENT ASSOCIATION Bob Hall 32 N. Front Street Yakima, WA 98901 Page 5 of 9 (Is) stand alone radar.k THE YAKIMA AIR TERMINAL Bruce Loy, Manager 2400 W. Washington Yakima, WA 98903 TO COORDINATOR: Larry West 1816 S. 24th Ave. Yakima, WA 98902 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 19. Governing Law. This Agreement and the exhibits hereto shall be governed and construed in accordance with the laws of the State of Washington. 20. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 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 YAKIMA COUNTY BY: BY: Dick Zais, City Manager Chuck Klarich, Chairman Board of Yakima County Commissioners ATTEST: ,21 City Clerk BY: Bettie Ingham, Commissioner BY: Jim Lewis, Commissioner City Contract No. Ci 70 ATTEST: County Clerk Page 6 of 9 (1s) stand alone radar.k YAKIMA CHAMBER OF COMMERCE BY: Gary Webster General Manager STATE OF WASHINGTON ) . SS. County of Yakima I certify that I know or have satisfactory evidence that Gary Webster is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the General Manager and Corporate Secretary of YAKIMA CHAMBER OF COMMERCE to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: YAKIMA COUNTY DEVELOPMENT ASSOCIATION STATE OF WASHINGTON ) . SS. County of Yakima I certify that I know or have satisfactory evidence that Nil) is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated thax he/she was authorized to execute the instrument and acknowledged it as the rreS&deil of YAKIMA COUNTY Page 7 of 9 (Is) stand alone radar.k DEVELOPMENT ASSOCIATION to be the free and voluntary act of such party for the uses and purposes m nti ned in the instrument. DATED: 9/27/57 � THE YAKIMA AIR TERMINAL BY: ITS: STATE OF WASHINGTON ) . SS. County of Yakima 4detrui-h- NOTARY PUBLIC in nd for the State of Washington, residing at My commission expires: 3/3019 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of YAKIMA AIR TERMINAL to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Page 8 of 9 (Is) stand alone radar.k NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) . SS. County of Yakima I certify that I know or have satisfactory evidence that LARRY WEST is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned. in the instrument. DATED: 9/d19/ Page 9 of 9 (]s) stand alone radar.k 5f)20 -6 -1 -2 - NOTARY PUBLIC in for the Stat of Washington, residing at �Kfma M commission expires: 3 3< 9a PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF YAKIMA YAKIMA COUNTY YAKIMA COUNTY DEVELOPMENT ASSOCIATION AND LARRY WEST AMENDMENT NO. 1 That certain professional services agreement entered into by the City of Yakima, Yakima County, Yakima County Development Association and Larry West whereby Larry West will serve as the coordinator of the Coalition to Preserve the Yakima Air Terminal as a locally operated stand alone radar facility for our traffic control is hereby amended as follows: Paragraph 4b of said agreement is amended to provide as follows: Yakima County agrees to pay coordinator a total sum not to exceed $1,354.50 receipt of which prior to the execution of this agreement is hereby acknowledged by the Coordinator. Dated this C� r d oay of August, 1994 CITY OF YAKIMA Dick Zai , City Manager ATTEST: BOARD OF YAKI O TY COMMISSIONERS YAKIMA COUNTY DEVELOPMENT ASSOC. b:ProfSers. Agr /Deputy Clerk