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.
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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).
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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,
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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,
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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
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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
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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
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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:
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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/
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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