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AFFIDAVIT OF CLAIMANT

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AFFIDAVIT OF CLAIMANT

  1. 1. Tulsa Airports Improvement Trust RFP #310 Request for Proposal For AIR SERVICE DEVELOPMENT AND CONSULTING SERVICES FOR TULSA INTERNATIONAL AIRPORT Issued on: December 11, 2009 Responses Due: January 11, 2010 I. THE SOLICITATION The Tulsa Airports Improvement Trust, hereinafter referred to as “Trust,” hereby B-1
  2. 2. solicits proposals from qualified professionals for air service development and consulting services that will determine the feasibility of nonstop service to targeted cities and identify carriers that could provide the services at cost effective fares, and assist Tulsa Airport Authority representatives in their pursuit of implementation of services. 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 Trust for further action. The Trustees may conduct interviews 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. II. BACKGROUND As of November 2009, there are 61 scheduled departures per day. The Airport is currently served by six major carriers - American, Continental, Delta, Frontier, Southwest, and United. The major carriers serve Tulsa both directly and through affiliations with regional carriers. Seventeen major airports in fifteen cities are served with nonstop flights every day. Nine of our top ten origin/destination (O&D) cities are currently served with non-stop service. Orlando is the only one of the top ten O & D cities not served with non-stop service. Enplanements for calendar year 2008 were 1,591,703. Additional air service statistics are available at www.tulsaairports.com (media/stats). Southwest Airlines has the largest market share at TUL (38%), followed by American Airlines (26%). Economic development professionals have indicated that the absence of nonstop flights to certain key business markets has become a major issue in attempting to attract new businesses to Tulsa. Adding non-stop service to Washington D.C. and Orlando and increasing capacity to major east and west coast hubs is considered a top priority for Tulsa Airport Authority. III. SCOPE OF SERVICES On an individual agreement basis or under an on-call agreement format, services will include but are not limited to the following: • Development of an effective, comprehensive passenger air service development program to improve domestic air service at TUL. • Evaluation of specific passenger routes (existing and potential) at TUL and formulate a plan to address the deficiencies. • Development of detailed written proposals and professional presentation materials for meetings with targeted air carriers according to any plan proposed. • Assisting TAA staff in scheduling and facilitating meetings at the highest levels with domestic air carriers regarding potential new and/or improved air service to TUL. B-2
  3. 3. • Working with TAA 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. IV. THE PROPOSAL A. Proposal Submission: To be considered, one original and three copies of the proposal must be submitted by 5:00 p.m. on Monday, January 11, 2010. Proposals must be submitted in sealed envelopes that must be clearly marked, “RFP #310 – Air Service Development and Consulting Services.” The name and address of the proposer must also appear on the face of the envelope. Proposals will be opened at 9:00 a.m. on Tuesday, January 12, 2010 in the Tulsa Airport Authority Conference Room, Airline Terminal Building, Room A217, 7777 E Apache St., Tulsa Oklahoma 74115. All proposals opened at the appointed time and place shall remain open for one hundred twenty (120) days after the scheduled time for receipt of proposals pending execution of a contract with the successful proposer. Proposals must be sent to: Darla Harvey – Administrative Operations Supervisor Tulsa Airport Authority Offices, Room A217 – Tulsa International Airport 7777 E Apache Tulsa, OK 74115 Proposals will be accepted Monday through Friday from 8:00 a.m. to 5:00 p.m. Central Standard Time excluding City of Tulsa holidays. It shall be the responsibility of the proposer to deliver proposal to the proper official at the appointed time and place. Later delivery of the proposal for any reason will disqualify the proposer. B. All interested Proposers are required to register with the Administrative Operations Supervisor in order to receive updates, addenda, or any additional information required. The Tulsa Airport Authority is not responsible for any failure to register. C. Inquiries requesting clarification regarding the Request for Proposal or the content therein must be made in writing and must be received prior to the end of business day on Monday, January 4, 2010. D. Any questions regarding this RFP will be handled as promptly and as B-3
  4. 4. directly as possible. If a question requires only clarification of instructions or specifications, it will be handled verbally. If any question results in a change or addition to the RFP, the changes or additions will be forwarded to all registered firms as quickly as possible by addendum. Submit questions to: Darla Harvey at darlaharvey@cityoftulsa.org Fax: 918-699-3086 Office: 918-838-5054 E. Participating Proposers are expressly instructed that the Tulsa Airport Authority Administrative Operations Supervisor is the only authorized source of information concerning the solicitation. Contact with unauthorized agents of the Airport Authority/City of Tulsa or members of the selection or oversight committees while solicitation and evaluations are in process could result in immediate disqualification. F. Proposers shall designate and provide contact information for an individual to contact should any questions arise concerning a proposal. The proposers shall also state the name and title of individuals who will make final decisions regarding contractual commitments and have legal authority to execute the contract on the firm’s behalf. G. The proposal must be typed or clearly legible so as to convey to the Trust the full intent and details as to the proposer’s planning and development of (a) an air service study, (b) marketing information to airlines, and (c) assistance in negotiations with selected carrier(s). Failure to submit detailed information will justify rejection of any proposal submitted hereunder. H. To provide the Tulsa Airport Improvement Trust (Trust) with evidence the proposer has the necessary qualifications and experience to fulfill the conditions of the Contract, the proposer must submit a fully completed Proposal Form, which shall consist of Pages C-1 through C-2, and attachments as necessary for the proposer to provide the required information. Failure to answer all questions completely and furnish all information required may result in disqualification of the proposal. The Trust reserves the right to thoroughly investigate the experience and record of the proposer. I. Addenda: Any addenda to the solicitation issued by the Administrative Operations Supervisor during the time of solicitation for proposals will be considered a part of these documents. Addenda will be furnished to each known recipient of these Proposal Documents. Receipt of such addenda must be acknowledged by the proposer on page C-2 of the Proposal Form. J. All interested parties who submit proposals will be required to comply with all applicable Equal Employment Opportunity Regulations. The Tulsa B-4
  5. 5. Airports Improvement Trust will affirmatively ensure that Disadvantaged Business Enterprises will be afforded full opportunity to submit a proposal in response to this invitation. K. It is anticipated that the contract will be awarded in the February 2010 Tulsa Airports Improvement Trust Board meeting. V. CLARIFICATION The Trust reserves the right to request clarification of information submitted and to request additional information from any or all of the proposers. VI. 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 the Trust, “City of Tulsa”, or their officials, agents, or employees. A proposal will not be accepted from any proposer who is in arrears or is in default to the Trust upon any debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the Trust, or has failed to perform faithfully any previous contract with the Trust. VII. PROPOSALS TO BE RETAINED All forms, information, and sealed proposals shall become the property of the Tulsa Airport Improvement Trust. No properly submitted proposal will be returned unless a written request to withdraw is received prior to 9:00 a.m., January 12, 2010. VIII. 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. IX. INDEMNIFICATION B-5
  6. 6. To the maximum extent permitted by law, the consultant shall be liable for and shall hold the Trust and the City of Tulsa 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 Trust, the City of Tulsa 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 Trust or the City of Tulsa directly or indirectly on account of such legal proceedings. The consultant's obligations hereunder are expressly conditioned upon the Trust's provision of notification to the consultant of the pendency of any such claim or suit. The Trust shall cooperate with the consultant in its handling of any such claim or suit to the extent their interests do not conflict. In no event shall the consultant be obligated to indemnify or hold the Trust or the City harmless with respect to any liability caused by the sole negligence of the Trust or the City of Tulsa. X. CONTRACT TERMS It is anticipated that the Tulsa Airports Improvement Trust will enter into a contract with the selected contractor for an initial term ending one (1) year from the date of its execution by the City’s Mayor, with three (3) one-year renewals available at the option of the Tulsa Airports Improvement Trust. All contracts entered into by the Tulsa Airports Improvement Trust shall include, but not be limited to, the following general terms: 1. Renewals. Contractor understands and acknowledges that any future contracts or renewals are neither automatic nor implied by this agreement. The continuing purchase by the Trust of the Services set forth in this Agreement is subject to the Trust’s needs and to the Trust’s annual appropriation of sufficient funds in the Trust’s fiscal year (July 1st to June 30th) in which such Services are purchased. In the event the Trust does not appropriate or budget sufficient funds to perform this Agreement, this Agreement shall be null and void without further action by Trust. XI. RIGHT TO ACCEPT OR REJECT PROPOSALS B-6
  7. 7. The Trust reserves the right to accept or reject, in part or in entirety, any or all proposals for any reason, to cancel in part or entirety the Request for Proposals, to re-advertise for new proposals, and to waive minor irregularities and informalities. XII. WITHDRAWAL OF SELECTION The Trust reserves the right to withdraw its selection of a proposer without any liability to the Trust at any time before the Contract has been approved by the Trust, fully executed by all parties, and an official Notice To Proceed has been received by the successful proposer. XIII. OKLAHOMA OPEN RECORDS ACT AND CONFIDENTIALITY All materials submitted to the Tulsa Airports Improvement Trust pursuant to this Request for Proposals become subject to the mandates of the Oklahoma Open Records Act, 51 Okla. Stat. §§ 24.1, et seq. The purpose of this Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Almost all "records," as that term is defined in the Act, may be disclosed to the public upon request. Except where specific state or federal statues create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access nor reasonable expectation that this information will be kept from public access. See 51 Okla. Stat. §§ 24A.2. If you believe that any of the information you have submitted to the Trust pursuant to this Request for Proposals is confidential under a specific state or federal statute and therefore not subject to the public access, you must comply with the following: A. Place said documents/records in a separate envelope marked "Confidential." DO NOT label your entire response to the Request for Proposals as "Confidential" – label only those portions of the response that you feel are made confidential by state or federal law as "Confidential." If only a portion of a document is confidential, please identify specifically the portions of the document you are claiming are confidential. Under the Oklahoma Open Records Act, the Trust is obligated to produce documents for public inspection even if the documents contain a portion which is confidential, but can redact the confidential parts. B. For each such document for which you are claiming a confidential privilege, identify the federal and/or state law that creates said privilege, e.g., for trade secrets, see 21 O.S. § 1732 (Larceny of Trade Secrets) and the Uniform Trade Secrets Act, 78 O.S. §§ 85, et seq. Should an Open Records request be presented to the Trust requesting information you have identified as "Confidential," you will be responsible B-7
  8. 8. for defending your position in the Court where the proceeding is filed, if needed. If you fail to identify any records submitted as part of your Proposal as "Confidential" by placing them in the "Confidential" envelope AND you fail to identify the specific state or federal law creating said privilege, you are irrefutably agreeing that said records are not confidential and are subject to public access. XIV. 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. XV. 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. Points for cost will be awarded based on each price relative to the lowest proposal. The Tulsa Airports Improvement Trust reserves the right to reject any and all proposals and to waive such formalities as do not affect or alter the substantive provisions thereof. The Selection Committee shall evaluate all proposals based on the following criteria: 1. Experience and Skill of Firm (0-30 points). • Must include type and number of years experience providing air service development consulting services. • Must demonstrate the firm’s experience with air service development including any consulting involving major airlines (full service and low-fare). • Must demonstrate experience developing strategic business recommendations for air service incentive programs. • Must demonstrate a capable working knowledge of the Airport’s operations and an understanding of airline operations. • Must disclose any potential conflicts that may arise in this project due to its representation of other airports. • 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. 2. Qualifications and Experience of Project Manager and Key Staff (0-20 points). Must provide relevant experience and qualifications for all B-8
  9. 9. persons that will be actively engaged in each phase of the project. This should include 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. 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. 3. Record of Past Performance (0-30 points). 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. 5. Compensation (0-20 points). Must provide a fee schedule for all members of 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 currently not serving TUL. Additionally, the Committee may request the submission of additional information to assist in its evaluation of the proposals, and the proposer will be expected to cooperate fully with such a request. The Trust reserves the right to reject any and all proposals. B-9
  10. 10. PROPOSAL FORM The following proposal is submitted for air service development and consulting services at Tulsa International Airport for the Tulsa Airports Improvement Trust, in accordance with the provisions, terms, covenants, and conditions set forth in the Solicitation and Proposal Documents. 1. The undersigned certifies that he/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 Tulsa Airports Improvement Trust. 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 Tulsa Airports Improvement Trust or the City of Tulsa or any of their employees as to compensation in the prospective Contract, or any other provisions, terms, and conditions of said prospective Contract; or in any discussion between proposers and any official of the Tulsa Airports Improvement Trust or the City of Tulsa 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 Tulsa International Airport and for the Tulsa Airports Improvement Trust. 2. In connection with the air service development and consulting services for Tulsa International Airport for the Tulsa Airports Improvement Trust 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, 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, 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/sublessees 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 Tulsa setting forth provisions of this section. b) In the event of the proposer’s noncompliance with this nondiscrimination clause, the Contract may be canceled or terminated by the Trust. The proposer may be declared by the Trust 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-1
  11. 11. 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 Undersigned nor any partner or corporate officer has never been convicted of a felony or a crime involving moral turpitude. e) 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 Trust 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 Trust 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: E-MAIL 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. ATTEST: (SEAL) PROPOSER: _______________________________ BY: Name/Title FIRM: C-2
  12. 12. NONCOLLUSION AFFIDAVIT STATE OF ) COUNTY OF __________ ) ______________________________, of lawful age, being first duly sworn on oath state that: (Seller’s Authorized Agent) 1. I 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. I 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 any municipal official concerning exchange of money or other thing of value for special consideration in the letting of a contract. By:_____________________________________ Signature ________________________________________ Printed Name ________________________________________ Title Subscribed and sworn to before me this _______ day of ___________, 20_____. ________________________________________ C-3
  13. 13. Notary Public My Commission Expires:____________________ Notary Commission number:_________________ AFFIDAVIT OF CLAIMANT STATE OF ) COUNTY OF ) ________________________________________________, of lawful age, being first duly sworn states that all invoices to be submitted pursuant to this agreement with the Tulsa Airports Improvement Trust will be true and correct. Affiant further states that the work, services or material furnished will be completed or supplied in accordance with the plans, specification, orders, requests or contract furnished or executed by the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the City of Tulsa or of any public trust where the City of Tulsa is a beneficiary, of money or any other thing of value to obtain payment of the invoice or procure the contract or purchase order pursuant to which an invoice is submitted. Affiant further certifies that (s)he has complied with all applicable laws regarding equal employment opportunity. Signature:_________________________ Printed Name:______________________ Title:_____________________________ Subscribed and sworn to before me this ________________ day of___________________, 20____. _____________________________ C-4
  14. 14. Notary Public My Commission Expires:_____________________ My Commission Number:______________________ C-5

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