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REQUEST FOR QUALIFICATIONS FOR SERVICES RELATED TO A WEBSITE UPGRADE AT DES MOINES INTERNATIONAL AIRPORT Contract ID#: 2020-18 Issue Date: February 14, 2020 Question Deadline: February 24, 2020 at 3:00 PM CDT Email Questions To: [email protected] Reference in Question: Website Upgrade RFQ 2020 RFQ Response Deadline: March 13, 2020 at 3:00 PM CDT Des Moines International Airport 5800 Fleur Drive, Suite 207 Des Moines, IA 50321 Contact Information: Kayla Kovarna Phone: (515)256-5108 DESCRIPTION: Proposals are being solicited for the purpose of contracting for consulting services related to the development and implementation of an upgrade to current website for the Des Moines International Airport (DSM).

REQUEST FOR QUALIFICATIONS FOR SERVICES RELATED TO A ... · • search engine optimization • responsive design Other Services Make recommendations to AUTHORITY of consultants, contractors,

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Page 1: REQUEST FOR QUALIFICATIONS FOR SERVICES RELATED TO A ... · • search engine optimization • responsive design Other Services Make recommendations to AUTHORITY of consultants, contractors,

REQUEST FOR QUALIFICATIONS

FOR SERVICES RELATED TO A

WEBSITE UPGRADE

AT DES MOINES INTERNATIONAL AIRPORT

Contract ID#: 2020-18

Issue Date: February 14, 2020

Question Deadline: February 24, 2020 at 3:00 PM CDT

Email Questions To: [email protected]

Reference in Question: Website Upgrade RFQ 2020

RFQ Response Deadline: March 13, 2020 at 3:00 PM CDT

Des Moines International Airport

5800 Fleur Drive, Suite 207

Des Moines, IA 50321

Contact Information: Kayla Kovarna

Phone: (515)256-5108

DESCRIPTION: Proposals are being solicited for the purpose of contracting for consulting

services related to the development and implementation of an upgrade to current website for the

Des Moines International Airport (DSM).

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I. Introduction

The Des Moines Airport Authority (the “Authority”) is hereby soliciting statements of qualifications

and experience from consultants for the development and implementation to upgrade the Authority’s

existing website, within industry best practices. A study is to be performed to evaluate the existing

website to identify potential modifications and improvements.

The specific work will follow tasks negotiated in a scope of services prior to finalizing a contract.

The AUTHORITY intends to select a consulting firm to provide all identified tasks to include any

sub-consultants. The consultant selected will manage all tasks undertaken.

The purpose of this notice is to invite qualified, experienced and interested firms to submit a

Statement of Qualifications. In support of this invitation, the information presented in this document

is designed to acquaint interested firms with the specific submittal and how the consultant selection

process will be accomplished by the AUTHORITY.

The statement of qualifications submitted must follow the guidelines provided to be considered.

Consultants desiring to be considered should submit four copies of their statement of qualifications

with related experience and references to the following address no later than

March 13, 2020 @ 3:00 P.M. CDT. Electronic submissions will not be accepted.

Des Moines Airport Authority

Attention: Kayla Kovarna, Communications, Marketing & Air Service Development

Manager

5800 Fleur Drive, Suite 207

Des Moines, Iowa 50321

II. Scope of Services

AUTHORITY is seeking proposals from qualified consultants to conduct work, formulate strategies

and provide continued guidance toward the creation of an updated website for the Authority. Planned

work includes, but is not limited to, the following:

The consultant shall deliver a comprehensive website update to the Authority, including all relevant

structural elements and other content including:

• successful website redesign

• user experience and usability testing

• information architecture

• website development and deployment

• website hosting

• content strategy

• search engine optimization

• responsive design

Other Services

Make recommendations to AUTHORITY of consultants, contractors, vendors, products and

technological improvements that will be best suited to achieve the goals of the AUTHORITY’s

website upgrade.

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The Scope of Services listed above is to be used as a general guide and is not intended to be a

complete list of all the work necessary to complete the project. A more detailed overview is included

as Attachment 5. Proposing teams may suggest a modified scope as part of their proposal.

III. Statement of Qualifications

For the AUTHORITY’s Consultant Selection Committee to best identify the most qualified firm, the

Statement of Qualifications should respond to, and be presented in, the following identifiable

components.

COMPONENT 1. A transmittal letter signed by the intended project manager, identifying the key

personnel and all sub­ consultants to be used on the project.

The transmittal letter must acknowledge review of the proposed contract format attached hereto with a

statement the consultant agrees to the contract format, its content and all requirements as presented

including professional liability insurance limits. The contract language will not be changed or

amended during negotiations except for modifications required for tasks included in a specific project.

Work will proceed based upon project fund availability.

COMPONENT 2. An executive summary which addresses the proposed scope of services. Any

deviations, conflicts with other work or schedule difficulties should be addressed in this section. If

different individuals or sub-consultants would be proposed for the various efforts, these must be

identified in the executive summary. It is recognized that the period of the services and variations in

the scope will require changes to be discussed in the contract negotiations, however, the initial

submittal must address the scope of services described above in general terms. The consultants

understanding of the issues involved with the work identified must be provided. The use of substitute

sub- consultants for the tasks identified by the consultant may be considered in negotiations.

COMPONENT 3. Answers to the following questions (limit response to one page for each

question). Any conflicts with other work or schedule difficulties should be addressed in this section.

General Questions:

Vendor System Information

1. For hosted solutions, describe your hardware and software configuration.

2. Describe the architecture, languages, and tools used to develop your proposed solution.

3. Describe which standards you follow to obtain Accessibility compliance.

4. Provide details on the licensing requirements and a copy of software license agreements.

5. Describe your DDoS Mitigation solution.

6. Describe your disaster recovery solution, including the Recovery Time Objective (RTO) and

Recovery Point Objective (RPO).

Services and Implementation

1. Explain your company’s experience in developing responsive websites.

2. Describe your implementation approach, project management tools, and methodologies for

the proposed solution.

3. Submit a detailed implementation plan which will address requirements, customizations,

content migration, implementation schedule, delivery milestones, and responsibilities for each

party with your response.

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4. Describe any optional services that could be included with our solution:

• Advanced training – do you provide ongoing training on editing and analytics?

• Site health checks – do you provide regular site health checks? • Accessibility Consulting – Do you offer any assistance with helping us comply

with accessibility issues and creating accessible content? • Advanced Website User Experience Analysis – Do you offer any advanced

services to provide an in-depth analysis of our needs and expectations? • Content Strategy – Do you offer any advanced training or assistance to help us

with managing our content, working with us to write in the plain language style, or review our existing content?

• Content Writing – Do you provide content writing? • Dedicated Account Manager – Do you offer an option to have a dedicated

account manager to contact for any support issues? • Monthly Office Hours – Do you offer monthly office hours where we can call in

during a set time to get answers to non-critical issues? • Premium Disaster Recovery – Do you offer a premium disaster recovery

solution beyond your base package that would give us a 99.99% uptime guarantee and less than a 5-minute recovery time?

• Site Analytics Reporting – Do you offer ongoing assistance with helping us analyze

our site statistics and recommending changes to make sure our website continues to

meet our visitors’ needs?

• Organizational branding – do you support overall organizational branding through

website engagement?

Training

1. Describe the training that accompanies the system implementation.

2. What types of training materials are provided?

3. Do you offer on-site training?

Software Support and Maintenance

1. Describe the software support/maintenance programs available

2. Does the maintenance program include all future software upgrades?

3. Describe the hours of support you provide? Where is it located? Is it staffed by your

employees, or is it a third-party facility? Briefly discuss technical support staffing numbers,

staff experience, etc.

4. Describe your service call escalation policy.

5. Do you have a guaranteed uptime? Describe your service level agreement for uptime

Warranty

1. Describe the warranty offered with your proposed solution.

2. Do the same support commitments apply during the warranty period as during the

maintenance contract period?

Services and Support Cost

1. Implementation of Web Site Design

2. Implementation Services

3. Training Services

4. Software Support and Maintenance

5. Hourly billing rates for each job classification that will or could be utilized during the project

and post “go-live.”

6. Other Services and Costs (Specify)

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Ongoing Cost

1. Annual Hosting or Subscription Fee

2. Hourly Rates for custom development

3. Other ongoing costs

Situational Questions: (Provide examples of situations in which you have applied these principles

successfully, limit response to one page for each question).

1. What are the top challenges in implementing a website redesign at a small hub airport and what

are your recommendations to overcome these obstacles?

2. Describe the top metrics and data vital to designing and implementing an effective website

system.

3. From your experience, please give specific examples of the organizational, cultural, and resource-

related components necessary for the successful implementation of a comprehensive website

install.

4. Describe a time when the server or a client’s website went down and your team needed to respond

to resolve the issue. How long was the recovery and what was the outcome?

5. Describe your best client relationship and what makes it work. How do you ensure the working

relationship is efficient, productive and mutually beneficial?

COMPONENT 4. The following information along with an organizational structure of the team

proposed by the consultant.

a. Name of the firm, address, telephone number, fax number, e-mail address, and

website.

b. Name and title of the contact person.

c. The total number of personnel by discipline employed by the firm in the office that

may be used for specific tasks. If persons from other offices of the consultant will be

assigned to the tasks, these persons should be identified as well as the location of the

assigned office and tasks being performed by those persons. This section should

indicate if different persons will be utilized for different work. The AUTHORITY

desires to have a single Project Manager identified for all work. The Project Manager

should be a key person in the consultant's organization.

d. The names and addresses of sub-consultants and the role each sub-consultant may

perform on a particular task and the relation of each to the consultant's efforts.

e. Resumes of all key personnel, specialists and sub-consultants who will be assigned to

the project team. Identify the key personnel role on tasks with their experience in

relevant work. Identify the percentage of time the key personnel will be engaged in a

particular task. Identify the physical location (office, branch, city and state) where the

staff member will work.

f. Professional/Technical references

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?

g. The above information (items a through g) must be provided for all proposed

sub­consultants.

COMPONENT 5. Additional information concerning the consultant and or sub-consultants may be

provided. THE ADDITIONAL INFORMATION IS LIMITED TO SIX SINGLE SIDED

PAGES OR THREE DOUBLE-SIDED PAGES. Pictures, graphs, inserts, spacers, and charts are

considered as additional information.

IV. Submittal Procedures

Interested firms should submit four (4) copies of their Qualifications to:

Des Moines Airport Authority

Attention: Kayla Kovarna, Communications, Marketing & Air Service Development

Manager

5800 Fleur Drive, Suite 207

Des Moines, Iowa 50321

The format of the statement shall not exceed 8 1/2" x 11" in size. Materials beyond the information

specifically requested are neither desired nor encouraged. Four (4) copies of the Statement of

Qualifications must be received before 3:00 P.M, CDT March 13, 2020. Materials received after that

time shall not be considered.

Questions regarding this RFQ must be submitted in writing to Kayla Kovarna, Communications,

Marketing & Air Service Development Manager at [email protected] with the subject line

RFQ Question. AUTHORITY will not respond to telephone inquiries regarding this RFQ. All

questions must be submitted in writing by 3:00 PM, CDT, February 24, 2020. All questions and

answers will be posted on the DSM Airport website by February 26, 2020. Any changes to this RFQ

will be made in the form of an addendum and will be posted on the DSM Airport website.

V. Selection Process

The selection committee will review all responses that meet the requirements outlined above and are

received prior to the designated date and time. The selection committee will recommend the Authority

Board award a contract based on the best overall proposal as determined by the committee. Evaluation

of each Statement of Qualification may consider the following criteria:

CRITERIA WEIGHT

Project approach and work plan that describes how the team proposes to

accomplish the work in the specified time periods, including any perceived

challenges of this project and the proposed plan to resolve them.

20

Project personnel and qualifications to perform their respective roles

including resumes of the project manager and key staff members.

20

Recent experience within the last seven (7) years with:

- Developing an interactive and engaging website that has an intuitive,

easy-to-use interface that allows visitors to access the website quickly

and easily regardless of the device they are using.

40

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- Developing a website that promotes transparency by making it easy

for us to share and post information and for our individuals to find

and interact with the information.

- Delivering a robust hosting environment with a guaranteed uptime of

99.9% backed by a Service Level Agreement.

- Delivering an evolutionary content management system that is in a

state of constant evolution and improvement and allows users of all

skill levels to update assigned sections of the website.

Pricing: Implementation and On-going services 10

Experience at airports 5

References

5

It is the intention of the selection committee to review the qualifications of the interested firms and

make a selection based upon the Statement of Qualifications as submitted. However, the selection

committee reserves the right to conduct interviews. If interviews are conducted, adequate notice

(seven calendar days) will be given. The AUTHORITY reserves the right, in its sole discretion, to

make a selection based solely upon the RFQ submission.

The top ranked firm will be invited to negotiate a contract with the AUTHORITY. A detailed scope of

work will be developed and agreed to by the selected consultant and the AUTHORITY. This detailed

scope of work and associated fee will be incorporated as part of the contract.

All firms submitting responses will be notified of the status of their response and the

recommendations of the Selection Committee according to the following tentative schedule.

• Date Issued – February 14, 2020

• Deadline for Submission of Written Questions – February 24, 2020 at 3:00 PM CDT

• Deadline for Submission of Statement of Qualifications – March 13, 2020 at 3:00 PM

CDT

• Notification of Selection – April 14, 2020

• Preparation of Scope of Work Services and approval of the tasks – April 30, 2020

• Negotiation of Agreement – May 6, 2020

• Approval of Contract – May 12, 2020

• Notice to Proceed – May 13, 2020

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VI. Standard Terms

1. Proposal Must Be Signed by Proposer or Designated Agent.

A proposal submitted in response to the Authority's Request for Qualifications must be

signed by the Proposer if an individual, or by a designated agent empowered to bind the

Proposer in a contract.

2. Partnership and Joint Venture Proposals; Use of Corporate Name or Fictitious

Corporate Name.

A. If a proposal is submitted by two or more persons acting as a partnership, the

names of the persons appearing on the proposal must be followed by the

notation -- "a partnership", or words of similar import.

B. If a proposal is submitted by two or more persons or corporate entities as a joint

venture, the names of the persons or entities appearing on the proposal must be

followed by the notation -- "a joint venture". In that instance, the proposal

must also be signed by all joint venturers or the authorized agents of all joint

venturers. Joint venture proposals must identify which person or firm that will

act as a lead person or firm. Any proposal from a joint venture that fails to meet

the above requirements will be subject to rejection.

C. In submitting a proposal and in entering into a contract in response to an RFQ,

a corporate entity may use its fictitious corporate name in addition to its legal

corporate name, if the fictitious name is appropriately registered with the Iowa

Secretary of State. Proposers are advised to exercise care in the use of any

fictitious name for their firms.

3. Communication with Authority during RFQ Process

Upon issuance of this RFQ, proposers shall not communicate in any way with any

Authority employee other than the Communications, Marketing & Air Service

Development Manager regarding the terms or provisions of this RFQ. Questions

about this RFQ are to be in writing and directed to the Communications, Marketing

& Air Service Development Manager, and will be addressed in a written addendum

to the RFQ.

4. Authority's Response to Proposer Questions, Objections, and Requests for

Clarification or Interpretation.

The Authority's Communications, Marketing & Air Service Development Manager

will respond in writing to all inquiries presented to the Authority as provided in

section 3, above. All questions and answers will be posted on the DSM Airport

website. Only the Authority's written responses will be considered to be the

Authority's official response binding upon the Authority. In addition to making a

written response, the Authority may issue addenda amending the RFQ by changing or

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deleting the provisions of, or adding provisions to, the RFQ. Any changes to this RFQ

will be made in the form of an addendum and will be posted on the Authority’s

website.

5. Non-Collusion Affidavit Required.

Any agreement or collusion among Proposers or prospective Proposers in restraint

of freedom of competition by agreement to propose a fixed price or otherwise will

render the proposals of such Proposers void. Proposers will be required to execute

and submit with their proposals a Non-Collusion Affidavit in the form appended

hereto as Attachment 1. Any disclosure by one Proposer to another Proposer of the

content of a proposal in advance of the submission of proposals will render the

proposals of both Proposers void, and may at the discretion of the Communications,

Marketing & Air Service Development Manager render the RFQ proceedings void.

6. Proposals Not Confidential; Proposer Requests for Confidentiality under Iowa

Open Records Law, Chapter 22 of Iowa Code; Disclosure of Proposal Content.

Under Iowa Code chapter 22, "Examination of Public Records", all records of a

governmental body are presumed to be public records, open to inspection by members

of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to that

general rule, establishing several categories of "confidential records". Under this

provision, confidential records are to be kept confidential "unless otherwise ordered

by a court, by the lawful custodian of the records, or by another person duly

authorized to release such information". Among the public records that are

considered confidential under this provision are the following:

3. Trade secrets which are recognized and protected as such by law.

6. Reports to governmental agencies which, if released, would give

advantage to competitors and serve no public purpose.

The Authority, as custodian of the proposal submitted in response to a Request for

Proposals, may, but is not required to, keep portions of proposals confidential under

exceptions 3 and 6 noted above. If a responding individual or company determines

that a portion or portions of its proposal constitute a trade secret, or should otherwise

be kept confidential to avoid giving advantage to competitors, a confidentiality request

must be submitted with the proposal identifying which portion or portions of the

proposal or bid should be kept confidential and why. The burden will be on each

individual Proposer to make a confidentiality request and to justify application of a

confidentiality exception to its proposal. The Authority will not under any

circumstance consider the entire proposal to be a confidential record.

If a request is made by a member of the public to examine a proposal including the

portion or portions for which a confidentiality request has been made, the Authority

will notify the Proposer and will keep confidential that portion of the proposal covered

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by the confidentiality request pending action by the Proposer requesting confidentiality

to defend its request. The Proposer requesting confidentiality will be given not more

than five calendar days within which to file suit in Polk County District Court seeking

the entry of a declaratory order or injunction to protect and keep confidential that

portion of its proposal. Absent such action by a Proposer requesting confidentiality

and the entry of a court order declaring such portion or portions of the proposal

confidential, the entire proposal will be released for public examination. The Proposer

shall indemnify the Authority for any fines, attorney’s fees and court costs the

Authority may incur or that be awarded against it as a result of complying with the

Proposer's request for confidentiality.

7. Proposers to Provide Evidence of Ability to Obtain Insurance.

Each Proposer shall provide evidence satisfactory to the Authority that it can obtain the

required insurance coverages. For this purpose, each Proposer shall submit with its

proposal the certification form appended to this RFQ as Attachment 3, in which the

Proposer's insurance agent certifies that the Proposer can obtain the required insurance

coverages. Failure to submit the required certifications form will be grounds for

rejection of the proposal.

8. Procedure for Evaluation and Recommendation as to Selection of Best Proposal.

A. Competing proposals submitted in response to the RFQ will be evaluated by

Authority staff. The Authority staff will utilize the evaluation criteria set forth

in this RFQ in making its determination as to the best proposal.

B. Upon completing its evaluation and the scoring of competing proposals, a

Notice of Selection will be provided to all competing Proposers by mail,

FAX or e-mail at least five days prior to the appeal deadline set forth in

the Notice of Selection.

9. Appeal of Authority Staff Recommendation

A Proposer who is aggrieved by the Authority staff’s determination and

recommendation as to the selection of the best proposal, may appeal such

determination and recommendation by filing a written objection to the Authority

within the appeal deadline set forth in the Notice of Selection. Such objections may

be filed in person, by mail, or e-mail but must be received within the appeal deadline.

In its written objection, the appealing Proposer shall set forth all of its objections to

the Authority staff’s recommendation and all arguments in support of its objections,

and shall attach all documentation supporting its objections upon which it intends to

rely.

The Authority Board may, in its discretion, hear presentations by the appealing

Proposer and by competing Proposers with respect to the appealing Proposer's

objections. If the Authority Board agrees to hear presentations, it may limit their

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length and all Proposers will be given an equal opportunity to speak. The Authority

Board's decision will be final.

10. Authority Board Consideration of Authority Staff Recommendation as to Best

Proposal.

When the Authority staff’s recommendation comes before the Authority Board for

consideration, the Board may request that the recommended Proposer appear before the

Board to give a presentation or to answer questions regarding its proposal. Competing

Proposers will not be allowed to speak at that time unless a prior request has been

made and permission to speak granted, or unless an Authority Board member requests

that the competing Proposer be allowed to speak and the Board consents to the request.

11. Rejection of Proposals.

The Authority reserves the right to reject any or all proposals in whole or in part

received in response to the RFQ. The Authority will not pay for any information

requested in the RFQ, nor is it liable for any cost incurred by a Proposer in responding

to the RFQ.

12. Formation of Contract.

A. The successful proposer shall enter into a contract with the Authority on forms

provided by the Authority.

B. Upon the Authority's approval of the evidence of insurance submitted by the

successful Proposer (if required by the RFQ), and upon the Authority's legal

representative's review of the form of contract executed by the Proposer, and of

the performance bond submitted by the Proposer (if required by the RFQ), the

Authority Board Chairperson will execute the contract as directed by the

Authority Board.

13. Proposal Obligations.

The contents of this RFQ, of a proposal submitted in response to this RFQ, and of

the Authority's official response to a question, objection, or request for clarification

or interpretation regarding the RFQ, and of any exception to the RFQ submitted by

the successful Proposer and accepted by the Authority, will become part of the

contractual obligation and deemed incorporated by reference into the ensuing

contract.

14. Disposition of Proposals.

All proposals submitted in response to the RFQ become the property of the Authority

and will not be returned.

15. Assignment of Contract Prohibited Unless Approved in Writing by the Authority.

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No contract awarded pursuant to RFQ is assignable without the prior written consent of

the Authority.

16. Attachments.

A. Attachment 1: Non-Collusion Affidavit

B. Attachment 2: Des Moines Airport Authority Standard – Major Insurance &

Indemnification Requirements

C. Attachment 3: Certification of Proposer’s Insurance Agent Regarding

Proposer’s Ability to Obtain Required Insurance Coverage

D. Attachment 4: Sample Contract

E. Attachment 5: Overview of Scope of Services Requested

F. Attachment 6: FAA Provisions

VII. General Terms And Conditions

1. Exclusive Contract.

The contract that results from this Request for Qualifications constitutes the exclusive

contract between the parties and incorporates the provisions of these terms and

conditions, and supersedes any previous agreements or contracts, either written or oral.

The terms and conditions hereof may not be altered without prior written consent of

both parties.

2. Assignment.

Successful Proposers may not assign contracts or purchase orders to any party

(including financial institutions) without written permission of the Executive Director

of the Authority or his/her designee.

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Attachment 1: Non-Collusion Affidavit

The Proposer herby certifies under penalty of perjury:

1. That this proposal is not affected by, contingent on, or dependent on any other proposal

submitted for any improvement for the Des Moines Airport Authority; and

2. That no individual employed by the Proposer was paid or will be paid by any person,

corporation, firm, association, or other organization for soliciting the proposal, other than the

payment of their normal compensation to persons regularly employed by the Proposer whose

services in connection with the making of this proposal were in the regular course of their

duties for the Proposer; and

3. That no part of the compensation to be received by the Proposer was paid or will be paid to

any person, corporation, firm, association, or other organization for soliciting the proposal,

other than the payment of their normal compensation to persons regularly employed by the

Proposer whose services in connection with the making of this proposal were in the regular

course of their duties for the Proposer; and

4. That this proposal is genuine and not collusive or sham; that the Proposer has not colluded,

conspired, connived or agreed, directly or indirectly, with any other proposer or person, to put

in a sham proposal or to refrain from making a proposal, and has not in any manner, directly

or indirectly, sought, by agreement or collusion, or communication or conference, with any

person, to fix the proposal price of Proposer or any other Proposer, or to otherwise restrain

freedom of competition, and that all statements in this proposal are true: and

5. That the individual executing this proposal has the authority to execute this proposal on behalf

of the Proposer.

________________________________________

Proposer

________________________________________

Signature

By _____________________________________

Name (print/type)

________________________________________

Title

________________________________________

Street Address

________________________________________

City, State, Zip Code

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Attachment 2: Insurance and Indemnification Requirements

DES MOINES AIRPORT AUTHORITY

SOFTWARE AS A SERVICE – IT GENERAL

INSURANCE & INDEMNIFICATION REQUIREMENTS

For the purposes of this Attachment and all provisions included herein, the term “AUTHORITY” shall mean the

Des Moines Airport Authority, including its elected and appointed officials, employees, agents, volunteers,

boards, commissions and others working on its behalf.

1. GENERAL

The CONSULTANT shall purchase and maintain insurance to protect the CONSULTANT and

AUTHORITY throughout the duration of the Agreement. Said insurance shall be provided by insurance

companies “admitted” or “non-admitted” to do business in the State of Iowa having no less than an A. M.

Best Rating of “B+.” All policies, except professional liability, shall be written on an occurrence basis and

in form and amounts satisfactory to the AUTHORITY. Certificates of Insurance confirming adequate

insurance coverage shall be submitted to the AUTHORITY prior to Agreement execution or commencement

of work and/or services.

2. INSURANCE REQUIREMENTS

A. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability insurance on

an occurrence basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate

combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall

include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations,

(d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse

and Underground- XCU (when applicable). Waiver of Subrogation in favor of the AUTHORITY is

required as per paragraph 2.G. below.

Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO

standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a

non-ISO equivalent form.

B. CONTRACTUAL LIABILITY: The Contractual Liability coverage required above shall include the

cost of defense and settlement. CONSULTANT agrees to submit to its insurance carrier, on behalf of

the AUTHORITY, any claim or demand against the AUTHORITY for which the CONSULTANT has

agreed to defend, indemnify and hold the AUTHORITY harmless in Sections 3 and 4 Indemnifications

below, and to do so in a timely manner so required in its insurance policies.

C. WORKERS’ COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: As required by State

of Iowa Workers’ Compensation Law, the CONSULTANT shall procure and maintain Workers’

Compensation Insurance, including Employer’s Liability Coverage. The Workers’ Compensation

Insurance shall be written with State of Iowa statutory limits. If, by Iowa Code Section 85.1A, the

CONSULTANT is not required to purchase Workers’ Compensation Insurance, the CONSULTANT

shall have a copy of the Nonelection of Workers’ Compensation or Employer’s Liability Coverage form

on file with the Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa Code

Section 87.22. Waiver of Subrogation in favor of the AUTHORITY is required as per paragraph 2.G.

below.

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D. PROFESSIONAL LIABILITY INSURANCE: Professional Errors and Omissions Insurance on an

occurrence basis with limits not less than $1,000,000 per claim and in the aggregate.

E. CYBERSECURITY LIABILITY INSURANCE: Cybersecurity, or Cyber and Privacy, coverage on an

occurrence basis with limits of liability not less than $2,000,000 per occurrence and aggregate. Coverage

shall include: (a) Funds Transfer Fraud and (b) Privacy Liability.

F. CANCELLATION & NONRENEWAL NOTIFICATIONS: The CONSULTANT shall provide the

AUTHORITY with no less than ten (10) days notification of cancellation or nonrenewal of General

Liability, Professional Liability and Cybersecurity Insurances policies required above.

Written notifications shall be sent to: Des Moines Airport Authority, Engineering Department, 5800

Fleur Drive, Suite 207, Des Moines, Iowa 50321.

G. WAIVER OF SUBROGATION: To the fullest extent permitted by law, CONSULTANT hereby

releases the AUTHORITY from and against any and all liability or responsibility to the CONSULTANT

or anyone claiming through or under the CONSULTANT by way of subrogation or otherwise, for any

loss without regard to the fault of the AUTHORITY or the type of loss involved including loss due to

occupational injury. This provision shall be applicable and in full force and effect only with respect to

loss or damage occurring during the time of this Agreement. The CONSULTANT’S Workers

Compensation Insurance and General Liability Insurance policies shall contain either a policy provision

or endorsement affirming the above stated release in favor of the AUTHORITY, including its elected

and appointed officials, agents, employees and volunteers, and others working on its behalf.

H. PROOF OF INSURANCE: The CONSULTANT shall provide the following proof of insurance to the

AUTHORITY:

a. Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through

G above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall

specify the Title of the Agreement under “Description of Operations/Locations/Vehicle/Special

Items” and indicate Waiver of Subrogation by marking the corresponding boxes on COI and/or

including a statement of compliance under Description of Operations.

Mail Certificates of Insurance to: Des Moines Airport Authority, Engineering Department,

5800 Fleur Drive, Suite 207, Des Moines, Iowa 50321.

I. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The CONSULTANT shall require all

its agents, subconsultants and subcontractors who perform work and/or services on behalf of the

CONSULTANT to purchase and maintain the types of insurance customary for the services being

provided.

3. GENERAL INDEMNIFICATION REQUIREMENTS

For other than professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees

to defend, pay on behalf of, indemnify, and hold harmless the AUTHORITY against any and all claims,

demands, suits, damages or losses, together with any and all outlay and expense connected therewith

including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against,

recovered from or suffered by the AUTHORITY by reason of any injury or loss including, but not limited

to, personal injury, bodily injury including death, property damage including loss of use thereof, and

economic damages that arise out of or are in any way connected or associated with CONSULTANT’S work

or services under this Agreement, including that of its officers, agents, employees, subconsultants,

subcontractors and others under the control of CONSULTANT.

For professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to pay on

behalf of, indemnify, and hold harmless the AUTHORITY against any and all claims, demands, suits,

damages or losses, together with any and all outlay and expense connected therewith including, but not

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limited to, attorneys’ fees and court costs and economic damages that may be recovered from or suffered by

the AUTHORITY that arise out of any negligent act, error or omission of the CONSULTANT, including

that of its officers, agents, employees, subconsultants, subcontractors and others under the control of

CONSULTANT.

CONSULTANT’S obligation to indemnify the AUTHORITY contained in this Agreement is not limited by

the amount or type of damages, compensation or benefits payable under any workers’ compensation acts,

disability benefit acts, or other employee benefits acts.

The AUTHORITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss

or expense incurred by CONSULTANT arising out of CONSULTANT’S work or services under this

Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under

control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of

the AUTHORITY.

CONSULTANT expressly assumes responsibility for any and all damage caused to AUTHORITY property

arising out of CONSULTANT’S work or services under this Agreement, including that of its officers, agents,

employees, subconsultants, subcontractors and others under the control of CONSULTANT.

CONSULTANT shall ensure that its activities on AUTHORITY property will be performed and supervised

by adequately trained and qualified personnel and CONSULTANT will observe all applicable safety rules.

4. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION

A. CONSULTANT warrants that no property protected by copyright or patent will be reproduced or used,

nor will the name of any entity protected by trademark be reproduced or used by CONSULTANT unless

CONSULTANT has obtained written permission from the copyright, trademark or patent owner as

required by law, subject also to the AUTHORITY’S consent. CONSULTANT covenants to comply

strictly with all laws respecting copyrights, patents, royalties and trademarks and warrants that it will not

infringe any related statutory, common law or other right of any person or entity in performing this

Agreement. CONSULTANT will indemnify and hold the AUTHORITY and its officers, agents and

employees harmless from all claims, losses and damages (including court costs and attorneys’ fees) with

respect to such copyright, patent, royalty or trademark rights.

CONSULTANT shall defend, at its expense, any claim or suit brought against the AUTHORITY alleging

that any CONSULTANT software furnished hereunder infringes a patent or copyright, and shall pay all

costs and damages finally awarded.

In the event a CONSULTANT software product is, by a court of competent jurisdiction, finally

determined to be infringing and its use by the AUTHORITY is enjoined, CONSULTANT will, at its

election:

a. Procure for the AUTHORITY the right to continue using the infringing CONSULTANT software

products;

b. Modify or replace the infringing CONSULTANT software products so that it becomes non-

infringing; or

c. Terminate the AUTHORITY’S license for the infringing CONSULTANT software products and

refund to the AUTHORITY the software fee paid for the infringing CONSULTANT software

products, as depreciated on a straight-line basis over the duration of the license agreement.

CONSULTANT obligations in this section are contingent on the Client performing all of the following

in connection with any claim as described herein:

i. Promptly notifies CONSULTANT, in writing, of any such claim;

ii. Gives CONSULTANT reasonable cooperation, information, and assistance in connection with

the claim; and

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iii. Consents to CONSULTANT’S sole control and authority with respect to the defense, settlement

or compromise of the claim.

B. Exceptions to CONSULTANT’S Obligations. CONSULTANT will have no liability hereunder if the

claim of infringement or an adverse final judgment rendered by a court of competent jurisdiction results

from:

i. AUTHORITY’S use of a previous version of a CONSULTANT-created Software Product which

results in the claim of such infringement and the claim would have been avoided had

AUTHORITY used the current version of the CONSULTANT-created Software Product and

CONSULTANT had provided Client with prominent written notice of the infringing nature of

such previous version in a reasonable amount of time to allow AUTHORITY sufficient time to

install and implement such new version;

ii. AUTHORITY’S combining the CONSULTANT-created Software Product with devices or

products not provided by CONSULTANT and such AUTHORITY action results in the claim of

infringement;

iii. Use of a CONSULTANT-created Software Product in applications, business environments or

processes for which the CONSULTANT-created Software Product was not designed or

contemplated, and where use of the CONSULTANT-created Software Product outside such

application, environment or business process would not have given rise to the claim;

iv. Corrections, modifications, alterations or enhancements that AUTHORITY made to the

CONSULTANT-created Software Product and such correction, modification, alteration or

enhancement is determined by a court of competent jurisdiction to be the sole or primary cause

of the infringement;

v. Use of the CONSULTANT-created Software Product by any person or entity other than

AUTHORITY, the Des Moines Public Library, and the Des Moines Metropolitan Wastewater

Reclamation Authority; or

vi. AUTHORITY’S willful infringement, including AUTHORITY’S continued use of the infringing

CONSULTANT-created Software Product after AUTHORITY becomes aware that such

infringing CONSULTANT-created Software Product is or is likely to become the subject of a

claim hereunder.

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Attachment 3: Insurance Certification

Certification of Proposer’s Insurance Agent Regarding Proposer’s Ability to Obtain Required

Insurance Coverage

I hereby certify that my client, as identified below, will be able to meet all of the insurance requirements

of Attachment 2 and provide the performance bond required in Attachment 4, has been advised of any

additional costs associated with doing so, and has agreed to obtain such coverages if selected as the

successful proposer of the RFP to which my client has responded:

Legal Name of Proposer: ___________________________________

Insurance Agency: ________________________________________________

Address: ________________________________________________________

________________________________________________________

Phone Number: _______________________

FAX Number: _______________________

Name of Agent/Broker: ____________________________________________

Signature of Agent/Broker: __________________________________________

Date of Signature: _______________________

Signature and stamp of Notary Public: _______________________________

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Attachment 4: Sample Contract

DES MOINES AIRPORT AUTHORITY

PROFESSIONAL SERVICES AGREEMENT: Lump Sum

Des Moines Airport Authority Website Redesign

(Activity ID:__________)

The Des Moines Airport Authority (the "Authority") is desirous of obtaining professional services in

connection with Des Moines Airport Authority Website Redesign.

The (Consultant Company Name, President/CEO Name, Title, and Complete Address) (the

"Consultant"), is a (corporation or partnership) organized and existing under the laws of the State of (

) and duly authorized to do business in the State of Iowa.

The Consultant is desirous of performing web services, and represents that it is qualified to perform,

professional services for the Authority in connection with Des Moines Airport Authority Website

Redesign.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. GENERAL

(a) PERFORMANCE: The performance of the Consultant is limited to the scope of

services outlined in Attachment 5.

AUTHORITY'S AUTHORIZED REPRESENTATIVE: The Executive Director is the liaison

officer between the Authority Board and the Consultant. The Executive Director has

delegated the administration, general supervision, and approval authority under this

agreement to the Technical Services Manager. The Technical Services Manager is the

Authority's representative for the administration of the services to be performed and

the receipt of all communications and information. The Technical Services Manager

will arrange such conferences as the Technical Services Manager deems necessary,

secure and obtain all comments, approvals, and notices to proceed from the Authority,

and transmit such comments, approvals, and notices to proceed to the Consultant. The

Consultant's performance is at all times subject to the general oversight and

administrative approval of the Technical Services Manager.

(b) CONFERENCES: As the performance of this agreement progresses, the Consultant

shall, at the request of the Technical Services Manager, attend conferences to be held

from time to time at a mutually convenient location. The Consultant shall prepare and

present such information as may be pertinent or necessary to enable the Technical

Services Manager to pass critical judgment on the features and the progress of the

work. The Consultant shall make such changes, amendments, and revisions in the

detail of any phase of service that may be required by the Technical Services Manager.

If alternates or alternatives are to be considered, the Technical Services Manager will

have the right of selection. The Consultant shall, at the request of the Technical

Services Manager, appear personally, and prepare and present such documents and

explanations to the Airport Board as may be requested.

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(c) INSURANCE AND INDEMNIFICATION: The Consultant shall purchase and

maintain insurance in accordance with the insurance requirements set forth in

Attachment 2 to protect the Consultant and the Authority throughout the duration of

this agreement. The Consultant shall not commit any act that could invalidate any

policy of insurance. The Consultant shall defend, indemnify and hold harmless the

Authority in accordance with the indemnification requirements set forth in Attachment

1. The Consultant is subject to all terms and provisions set forth in Attachment 1 and

its exhibits.

(d) PROGRESS REPORTS: The Consultant shall furnish the Authority with monthly

progress reports specifying the percentage of work completed, together with a

description of the work in progress. The Consultant shall also, upon request of the

Technical Services Manager, furnish the necessary documentation to verify the

reported progress.

(e) ACCESS TO CONSULTANT'S RECORDS: The Consultant shall maintain all books,

documents, papers, accounting records and other evidence pertaining to costs incurred

in performing the work covered by this agreement. The Consultant shall provide the

Technical Services Manager access to the documents and other evidence for the

purpose of inspection, audit and copying during normal business hours. The

Consultant shall maintain all documents and other evidence for three years from the

date of final payment.

(f) OWNERSHIP OF DOCUMENTS: The Consultant agrees that the Authority is the

sole and exclusive owner of all designs, design plans, images, drawings, models,

survey notes, reports, specifications, studies, records and other data and documents, in

whatever form, prepared under this agreement (the "Design Documents"). The

Consultant hereby irrevocably assigns, transfers and conveys to the Authority all right,

title and interest in and to the Design Documents and all intellectual property rights

and proprietary rights arising out of the Design Documents, including copyrights,

patents, trademarks, and derivative works and interests. The Consultant warrants to

the Authority that the Design Documents will be free from any claims or

encumbrances of intellectual property or proprietary rights of the Consultant and any

third party, including any employee, agent, contractor, sub-consultant, subcontractor,

subsidiary or affiliate of Consultant. Upon completion or termination of this

agreement, the Consultant shall immediately turn over to the Authority all Design

Documents not previously delivered to the Authority.

To the extent any of the Consultant's rights in the Design Documents are not subject to

assignment or transfer, including any moral rights and any rights of attribution and

integrity, the Consultant hereby irrevocably and unconditionally waives such rights,

and the enforcement of them, and agrees not to challenge the Authority's rights in and

to the Design Documents.

The Authority agrees not to re-use the Design Documents in the construction of

another project without the prior approval of the Consultant, except that the Authority

may use the Design Documents without the prior approval of the Consultant, as long as

the Authority shall indemnify the Consultant against any claim for negligent design

relating to its use of the Design Documents.

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(g) The Federal Aviation Administration requires that Attachment No. 6 be made a part of

the Agreement. Consultant agrees to comply with all requirements set forth in the

attachment.

(h) TERMINATION: The Authority may suspend or terminate the services of the

Consultant at any time. If the Authority desires to suspend or terminate the services of

the Consultant, the suspension or termination may be effected by the Authority giving

the Consultant a 10 day written notice. The Authority shall pay for services

satisfactorily rendered by the Consultant to the date of termination.

(i) CHANGES IN SCOPE OF SERVICES

(1) Extra Work: The Consultant shall not perform extra work without first

receiving authorization from the Authority in writing in a supplemental

agreement. At the discretion of the Authority, work not called out in this

agreement, or work that is considered to be beyond the extent of a reasonable

exploration of alternates, or "trial and error" solutions in design procedure, may

be classed as extra work. Extra work will usually be of limited extent and may

consist of:

(A) The introduction of new items of work beyond the stated or implied

Scope of Services.

(B) Redesign or detailing required by a change of concept, made after a

prior authorization to proceed, that causes an appreciable loss of work

accomplished. This item consists of work required to revise plans or

documents to the state of completion obtained prior to an order for

change.

The Authority will renegotiate payment for extra work on a cost plus a fixed

fee basis. If the Consultant is of the opinion that any work the Consultant has

been directed to perform is beyond the Scope of Services and constitutes extra

work, the Consultant shall promptly notify the Authority in writing. In the

event the Authority determines that the work does constitute extra work, the

Authority may either withdraw the direction or provide extra compensation to

the Consultant as provided for above. The Consultant shall not perform extra

work without receiving a written supplemental agreement from the Authority in

advance.

(2) Deletion of Work: Authorization for deletion of work will be evidenced by the

Authority in writing. At the discretion of the Authority, work items listed in

section 2, SCOPE OF SERVICES, or parts thereof, may be deleted from the

work. Any reduction to the Consultant's compensation as a result of the

deletion will be based on the estimated cost to perform the deleted work. In the

event that the Consultant has performed authorized work on the deleted items

prior to deletion, the cost of the work performed will be retained in the

Consultant's compensation.

(j) NONDISCRIMINATION: The Consultant hereby acknowledges and agrees:

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(1) Not to discriminate against any employees or applicants for employment on the

basis of age, race, religion, creed, color, sex, sexual orientation, gender identity,

national origin, ancestry or disability.

(2) To include this provision in all subcontracts for this project.

(k) SUBLETTING OR ASSIGNMENT: The Consultant shall not sublet, assign, or

otherwise dispose of any portion of the Services without a written permission to sublet

signed by the Authority Technical Services Manager. Requests for permission to

sublet must be in writing, specifying the organization that will perform the work, the

work to be performed, and the dollar amount of the work to be performed. When

requested by the Technical Services Manager, the Consultant shall provide a written

report showing that the organization that will perform the work is particularly

experienced and equipped for such work. Consent by the Authority for the Consultant

to sublet, assign or otherwise dispose of any portion of this agreement, will not relieve

the Consultant of any responsibility to perform under this agreement, nor will it in any

way create a contractual relationship between the Authority and the subconsultant.

The Consultant shall include in and make a part of all subagreements all portions of

this agreement that relate to the subconsultants' work including the Nondiscrimination

portions of this Agreement.

(l) CLOSE-OUT OF AGREEMENT: Upon completion or termination of this agreement,

the Consultant shall provide the Authority the following documents:

(1) The Design Documents listed in section l(g).

(2) A final invoice.

(3) A written report showing the actual amounts the Consultant paid to DBE/TSB

organizations to perform any of the Services.

(m) LAWS, REGULATIONS AND CODES: The Consultant hereby agrees that:

(1) All work done as part of this agreement will comply with all current federal,

state, and local laws, rules, regulations and codes.

(2) All design and survey work will be performed under the direction and control

of an engineer, surveyor, or architect licensed in Iowa. Engineering,

architectural, and land surveying documents, including plans, specifications,

and reports, will be sealed by an engineer, surveyor, or architect licensed in

Iowa.

(n) ATTORNEYS' FEES, GOVERNING LAW, AND WAIVER OF JURY TRIAL

(1) If a dispute arises between the Authority and the Consultant regarding the

performance of this agreement or damages suffered by a breach of this

agreement, and if the dispute results in the filing of a legal action or demand for

arbitration, mediation, or other form of alternative dispute resolution, and if the

Authority prevails in whole or in part, the Consultant shall pay all of the

Authority's costs and expenses, including, but not limited to, reasonable

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attorney's fees, out-of-pocket expenses, expert witness fees and costs, costs of

depositions, costs to collect any judgments or awards, and all other costs and

expenses of the proceedings.

(2) GOVERNING LAW AND FORUM: This agreement and all claims or disputes

arising out of or relating to this agreement or its subject matter are governed by

the laws of the State of Iowa, without regard to its conflict of laws provisions,

and any action, claim or proceeding arising out of or relating to this agreement

must be brought in Polk County, Iowa. Each party hereby waives any objection,

including any objection based upon improper venue or forum non conveniens,

that it may have, now or in the future, to the bringing of any action, claim or

proceeding in Polk County, Iowa.

(3) WAIVER OF JURY TRIAL: Each of the parties hereby irrevocably and

unconditionally waives all rights to trial by jury in any action, proceeding

or counterclaim arising out of or relating to this agreement.

(o) DEFENSE COOPERATION: In the event that the Authority has to defend any claim

or legal action relating to or resulting from goods or services to be supplied under this

agreement, the Consultant shall cooperate fully with the Authority in defending such

claim or action, including responding timely to all requests by the Authority.

(p) AUTHORITY POLICY AND PROCEDURES: The Consultant shall conform to the

Director of Operation’s directions regarding policies and procedures as they relate to

matters under this agreement, including:

(1) Invoices and billings for service.

(2) Design standards and specifications.

(3) Standard formats for reports, plans, and specifications:

(A) Reports and specifications: 8.5"x 11" in Microsoft Word digital format.

(B) Other formats only upon special approval of the Authority Technical

Services Manager.

(4) Plan-review process including site-plan and review by Boards and

Commissions.

(5) Include Authority Activity ID on all documents related to this agreement.

(q) NOTICE TO PROCEED: The Consultant shall not begin work until a written notice to

proceed is issued by the Authority Communications, Marketing & Air Service

Development Manager.. If section 2 of this agreement provides for the work to be

completed in phases, a notice to proceed will be issued for each phase.

2. SCOPE OF SERVICES

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(a) SERVICES PROVIDED BY CONSULTANT: The Consultant shall perform the

Scope of Services in Attachment No. 5, "Scope of Services". (If Agreement has

Phases, Provide Detailed Scope by Phase, Otherwise Leave Blank.)

(b) OBLIGATION OF AUTHORITY TO CONSULTANT: The Authority shall:

(1) Provide available information, such as scope of services requested, design

ideas, and other information that is mutually agreed upon as pertinent to the

project.

(2) Designate a liaison officer from the Authority who will work directly with the

Consultant to coordinate the collection of Authority-supplied data, arrange for

meetings, and be responsible for general coordination between the Authority

and the Consultant.

(3) See attachment 5 for Scope of Services Requested.

3 COMPENSATION: The Authority shall compensate the Consultant as follows:

(a) Cost-Plus-Fixed Fee. Compensation to the Consultant for all services under this

Agreement shall be on the basis of lump sum fee. Compensation shall not exceed

$xxx,xxx.xx without prior approval of the Authority.

(b) TERMINATION: In the event of a termination under section l(i), the Authority shall

compensate the Consultant as follows:

(1) If this agreement is terminated at the completion of any phase of service,

compensation will be the sum of the fees for each phase completed.

(2) If this agreement is terminated during any phase of service, compensation will

be the sum of fees for each phase completed plus compensation for services

satisfactorily rendered during that phase of work not completed. Compensation

for services rendered will be based on the Consultant's standard hourly rates

plus compensation due subconsultants for services rendered during that phase

of work not completed plus reimbursable expenses related to that phase of

service not completed.

(c) DEFINITIONS: The following definitions apply:

(1) Salary costs used as a basis for payment means salaries and wages (basic and

incentive) paid to the Consultant's personnel engaged directly on the project,

including, but not limited to, Technical Services Manager, architects,

surveyors, designers, technicians, specification writers, estimators, other

technical and business personnel; plus the cost of customary and statutory

benefits including, but not limited to, social security contributions,

unemployment, excise and payroll taxes, workers' compensation, health and

retirement benefits, sick leave, vacation and holiday pay and other group

benefits.

(2) Reimbursable expenses mean the direct non-salary expenses incurred by the

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Consultant that are directly attributable and properly allocable to the project.

Reimbursable expenses are not included in the overhead expense pool and may

include: travel and subsistence, reproductions, computer charges, materials and

supplies.

4. COMPLETION OF WORK: The Consultant shall complete all services on or before

(November 30, 2020), provided no unforeseen delays beyond the control of the Consultant

occur.

5. PRIMARY CONTACTS FOR THIS AGREEMENT: The Executive Director has designated

the primary contact person for the Authority as Kevin Wilson, Technical Services Manager,

515-256-5100, [email protected]. The Consultant shall address any correspondence

directly to Kevin Wilson.

The primary contact person for (Consultant's Company Name) is (Give Name of Company

Contact Person, Title, Address, Phone Number, E-Mail, Etc.). Any future correspondence

from the Authority, such as payments, contracts, etc., shall be directed to (Company Contact

Person).

The parties have executed this Agreement, in triplicate, as of ( ) day of ( ), 2020.

DES MOINES AIRPORT AUTHORITY CONSULTANT COMPANY NAME

Kerty Levy, Board Chairperson (Consultant's Name and Title)

Approved as to form only: ATTEST:

James R. Wainwright Mary Benson

Attorney Staff Assistant Secretary

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Attachment 5: Objectives and Scope of Services Expanded

Project Objectives and Goals

The primary objectives and goals of the website redesign are as follows:

Interactive and Engaging Website – We are seeking to redesign our website to include an intuitive, easy-

to-use interface that allows visitors to access the website quickly and easily regardless of the device they

are using.

Purpose of our New Website – Our new site should: • Serve the needs of all users by letting them easily find what they are seeking.

• Promote transparency by making it easy for us to share and post information, and for our

individuals to find and interact with the information.

• Represent our brand and showcase in a way that highlights the benefits of using our Airport.

• Provide a pleasant and delightful experience to all individuals by making it easy for them to find

what they want in a straightforward manner.

• Be strategic and nimble and focus on making our content useful, interactive, and engaging. We

know that things will change in the future, and we want our site to adapt and remain relevant.

Visitors – We take a broad visitor-centric view of our Airport since we view anyone who visits our website

as a potential traveler. Our website is our digital front door, and our goal is to focus on the needs of our

Airport and on improving our interactions and engagement with those that use our Airport.

Strategic Partnership – We want a Consultant partner who will help guide us to where we want to be today

and provide ongoing services and support to keep us there in the future.

Research-Based Design – We want a site that meets the unique needs of our Airport, and we are not looking

for a cookie-cutter or templated solution. Our Consultant should employ a strategic research-based and data-

driven process to gather input, define expectations and design a consistent, user-friendly navigation

framework for the website that meets the needs of all users.

Responsive Site – Visitors to our site will utilize a wide variety of devices to access our website, including

computers, tablets, and mobile smartphones. Our new website should automatically detect the screen

resolution of any device and respond with a view of the site that is optimized specifically for that screen.

This will ensure that all users will be able to view our site, no matter what device they are using.

Accessible Site – Our new website should comply with Worldwide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG)2.0 (Level AA compliance) and Section 508 of the Rehabilitation Act of 1973. In addition, the Consultant should follow best practices, voluntary standards and guidelines developed by the World Wide Web Consortium’s (W3C) Web Accessibility Initiative (WAI), and train our users in creating accessible content.

Flexible Solution – The new site should build upon proven and accepted website development standards

while maintaining the flexibility to easily grow and add new functionality over time and with minimal cost.

The solution should also accommodate existing auxiliary department sites to maintain a unique look and

feel but share overall infrastructure and features.

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Robust Hosting Environment – we are seeking a hosted website solution that should include: • Guaranteed uptime of 99.9% backed by a Service Level Agreement (SLA)

• Full disaster recovery to a backup data center with less than 60 minutes of site restoration and less

than 15 minutes of data replication.

• Complete Distributed Denial of Service (DDoS) mitigation solution to detect and mitigate

malicious cyber-attacks.

Evolutionary SaaS Solution – The Consultant’s hosted Software as a Service (SaaS) content

management solution (CMS) should be in a state of constant evolution and improvement. The annual

subscription fee should cover ongoing support plus regular monthly updates and improvements to

existing features of the CMS and incorporate new enhancements and features over time. This will

enable us to adapt to an evolving industry and for our site to continually meet our travelers’ needs.

Simplify and Streamline Administration – The solution should: • Simplify website administration, allowing users of all skill levels to update

assigned sections of the website.

• Streamline business operations and reduce the amount of time that IT spends on enhancing and maintaining the site.

Target Audiences

Audiences served by the website will include:

• Travelers and potential travelers of varying backgrounds, reading and language ability • Current companies and potential companies seeking information to support Airport operations • Local and national media

Our Current Environment

This is a summary of our existing website environment:

Existing Website – The existing website was launched before 2011 when the Authority took over the

management of the airport.

Content Management – The website consists of web pages managed by multiple Airport Departments.

Content Strategy – It is a Content Management system. You can create and manage an unlimited number of pages.

Website Documents – pdf and images.

Website Platform – The site has been developed on current provider platform.

Website Hosting – The site is hosted on current providers' environment.

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Scope of Work

Consultant Experience and Development Criteria

Preference will be given to Consultants with experience developing transportation websites, with special

attention given to Consultants’ breadth of experience, references, number of years of experience, and

expertise of the staff. Additional development criteria include:

Collaborative Effort – The website will be developed through the cooperation of theDes Moines International

Airport and the Consultant and facilitated under the supervision of a dedicated project management professional

in the direct employ of the Consultant.

Skilled Team – The Consultant will supply a team of user experience, design, and development

professionals to supplement the development process led by the project manager. This team should include

staff members skilled in website user experience, navigation and information architecture, accessibility, and

support and training of the content management system.

Proven Development Process – The Consultant should have a proven development process and

flexible timeline structure that favors the availability and time commitment of the Des Moines

Airport Authority.

Proven Content Management System – The proposed content management software must be a proven

platform for website development. Development that is requested and approved by the Des Moines

International Airport should be performed by the Consultant utilizing agile software development

methodologies that encourage collaboration between the developer and the Des Moines Airport Authority.

Design Guidelines and Qualifications

The design of the website should be welcoming, attractive and created by a member or members of the

Consultant’s professional design staff. The final version of the design should be a collaborative effort between

the Des Moines International Airport and the Consultant, incorporating elements that effectively represent the

Des Moines International Airport’s brand and image through a data-driven and consultative development

process.

The Consultant should utilize a data-driven design process to gather information to complete a comprehensive

redesign of our website.

The techniques should include the best practices of usability and user experience:

➢ Homepage heat mapping – the Consultant should use heat mapping to collect information about every

action taken on the current site to review functionality and behavior. The heat mapping should include

where people have clicked, scrolled, and hovered on the page.

➢ Accessibility validation (WCAG 2.0) – the Consultant should analyze the accessibility of the current

site and make recommendations for the new site.

➢ Site analytics – The Consultant should utilize historical site analytics to understand patterns and

information useful to the development of the new site.

➢ Mobile usability – The Consultant should analyze the current site for mobile usability and review the

mobile site statistics to understand the needs of the current visitors.

➢ User usability testing – Usability testing allows the Consultant to conduct user research with participants

in their natural environment to test interaction and identify issues with navigation and layout.

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Specific design guidelines include:

➢ Accessibility – Website design and associated elements should comply with WCAG 2.0 and Section

508 of the Rehabilitation Act.

➢ Consistent Website Design – Website design must remain consistent throughout all pages to

maximize usability, except where differentiating between departments or sections of the website as

requested by the Des Moines Airport Authority. ➢ Design Overview – Website design must be visually appealing, incorporating the Des

Moines International Airport colors and logo where appropriate. ➢ Design Process – The Consultant shall develop an original design for the Des Moines

International Airport and, over a period of time during the development of the website, consult with key members of the Des Moines International Airport website redesign committee to make revisions and alterations to the Consultant’s original design submission.

➢ Easy Updating – Design elements should include background images, photographs, logos,

and buttons that are easily updated or swapped out by our staff at any time and without

incurring any additional implementation or update charges. ➢ Website Design and Content Ownership – Ownership of the website design and all content

should be transferred to the Des Moines International Airport upon completion of the project. Responsive Website

We recognize that there are two ways to build a responsive website – using responsive design and adaptive

design. Responsive design provides one layout that fluidly changes depending on the size of the screen.

Adaptive design has several distinct layouts for multiple screen sizes that are built for the distinct needs of

that device. We are seeking a Consultant partner who has experience in both approaches and who will

recommend the best solution for our needs.

The Consultant is expected to produce a responsive website for the Des Moines International Airport to

meet the needs of users accessing the site on a variety of devices, including computers, tablets, and

smartphones. The Consultant must have proven success in previous responsive design projects. The

solution should automatically detect the screen resolution of any device and respond with a view of the site

that is optimized specifically for that screen. This will ensure that all users will be able to view our site, no

matter what device they are using. The project is expected to include:

• Clean visual design incorporating the Des Moines International Airport logo and branding as identified in 3.2.

• Responsive site creation that includes, but not limited to:

• Creation of responsive templates

• Creation of fluid grids

• Navigation redesign

• Taxonomy and site map

• Image adjustments

• Ability to adjust or modify responsive views on individual pages or templates

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System Functionality

The Consultant’s proposed content management system (CMS) should be a web-based application that

provides the core of the entire development process, being both the platform for development and the tool

by which system administrators and contributors can update the new website. The CMS may feature plug-

in applications or modules that enhance the functionality of the website, though core features should center

around ease-of-use, flexibility and, for ongoing stability, established information architecture and hosting

environment.

The CMS must allow non-technical content contributors to the following abilities: Administrative Dashboard – The administrative portion of the CMS shall be accessible for all content

contributors and feature a customizable interface that displays critical shortcuts, on-site items that require

attention, recent activity logs, and an internal messaging system that displays administrative messages

and updated information.

Automatic Sitemap – The CMS should automatically create and update a sitemap and on-page breadcrumbs when content is added, edited, or removed from the site.

Content Expiration – Notification of expiration of site content through notifications available via the CMS, including a dashboard administrative display and e-mail notifications. The dashboard should also detail the dates for when specific content was last updated and allow for notifications when certain periods are reached.

Menu Updates – Content publishers should be able to add and update menu items if assigned the appropriate permission level.

Online Help and Training Videos – 24/7 access to support materials including, but not limited to: online training manuals, support FAQs, customer support forums, instructional videos, informational newsletters, informational and support-driven webinars (live and archived), request forms, online education courses, and support- related updates through common social networking mediums.

Page Templates

Content publishers must have the option to use pre-created page templates to assist in the formatting and development of new content.

Content publishers should have the ability to place widgets or content blocks on page templates that serve specific purposes and streamline the template building process. Widgets can represent any key function such as calendars, directory, e-notification, forms, FAQs, search, Widgets should have settings to customize their look and function to meet specific needs.

Content publishers must have the option to share templates with and use templates from a wider community

pool which shares consistent page development.

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System Features

Accessibility Add-ons – Accessibility software embedded in the website that offers users access to larger

fonts and audible content

Active Directory Integration – The solution should have an option for Active Directory integration for

authentication.

Advanced Site Search – Provide an internal site search that:

Individuals should be able to sort search results by date, content, title, or relevance; users should be able to filter by type of content and easily apply advanced search techniques, such as Boolean, if desired. Administrators should be able to tune the search results by using synonyms for common words or terms and promote pages through the use of keywords. Search functionality should search web content as well as the contents offiles (PDFs, Word Documents, etc.)

Is contained exclusively within the {entity}’s site and not outsourced to an external page hosted by a search provider such as Google.

APIs, Import and Export – Major components should have import and export capabilities, and APIs should be defined.

Social Media integration – The solution should allow the integration into Airport social media.

Calendar – Users should have quick and easy access to add, import, export, and update calendar listings,

with editing methods available through a direct, front-end interface or a robust back- end interface.

E-Notifications – We would like a tool that provides a sign-up box allowing individuals to add their email addresses to receive important notices. Users should be able to set their preferences and should have their sign-up validated via a confirmation email. Functionality should be integrated with calendar, job postings, news, and RFP posts.

Event Calendar – An event calendar application that allows an unlimited number of calendar categories or types to be added to the site, with an unlimited number of

items allowed to be added within each category.

Form Creator – Solution should have an online form development tool for the Des Moines International

Airport to develop interactive forms:

• Ability to have unlimited categories of forms, with an unlimited number of forms in each category.

• Ability for members to complete and submit forms electronically. • Method by which form data is stored in a database and can be exported in a usable format from the

CMS. • Capability to merge forms with other applications of the CMS. • Ability to customize forms for other applications of the CMS and tie directly into those tools. GIS

Mapping – Ability to integrate with the Des Moines International Airport GIS mapping applications.

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RFP Posts – Should include an RFP posting where RFPs can be posted along with amendments and updates. RFPs should be schedulable and should have the capability to automatically expire on a certain date to ensure that the site is always up-to-date.

RSS Feeds – Solution should have feeds to keep users and subscribers up-to-date on important events, news, and announcements from the website. Individuals should be able to subscribe from any RSS reader.

Service Directory – A service directory organizes the functions of an organization instead of departments. This is key to serving the needs of the community by letting users search by topic or services. The service directory should allow users tosearch by keyword and should filter by category.

Third-Party Integration – Ability to integrate with existing 3rd party applications (Fight information, Airport Parking)

Optional Services We are also interested in understanding additional professional services available with your solution:

Accessibility Consulting – Do you offer any assistance with helping us comply with accessibility issues and creating accessible content? Advanced Website User Experience Analysis – Do you offer any advanced services to provide an in-depth analysis of our needs and expectations?

Content Strategy – Do you offer any advanced training or assistance to help us with managing our content, working with us to write in the plain language style, or

review our existing content?

Dedicated Account Manager – Do you offer an option to have a dedicated account manager to contact for any support issues?

Monthly Office Hours – Do you offer monthly office hours where we can call in during a set time to get answers to non-critical issues?

Premium Disaster Recovery – Do you offer a premium disaster recovery solution beyond your base package that would give us a 99.99% uptime guarantee and less than a 5-minute recovery time?

Site Analytics Reporting – Do you offer ongoing assistance with helping us analyze our site

statistics and recommending changes to make sure our website continues to meet our visitors’

needs?

Technology/Platform Requirements

Browser Support – The Des Moines International Airport is looking for the new website to support

mobile and desktop versions of Apple Safari, Google Chrome, Microsoft Internet Explorer and Edge,

and Mozilla Firefox. The site should support all versions of the browsers that have been released

within the last five years.

Disaster Recovery – In the event of an outage impacting the primary data center, the hosting solution must have a disaster recovery or backup data center where our website visitors will continue to be able to access our site. The Recovery Time Objective (RTO) should be 60 minutes or less, and the data replication (Recovery Point Object or RPO) should be 15 minutes or less.

Hosting Data Center and Backup Data Center – The hosting platform must be in a certified data

center (SSAE 16 Type II Compliant) with multiple layers of security access, redundant ISP providers,

backup power and redundant generator, and firewall protection.

Page Load Time – The solution should ensure that pages load on an average of 1.5 seconds of less.

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Programming Experience – Explain your company’s experience with other programming capabilities that would be useful in developing websites.

System Uptime Guarantee – The hosting platform should have a guaranteed uptime of 99.9% and be backed by a Service Level Agreement (SLA).

Maintenance and Support The Consultant’s CMS, including all features and modular applications associated with the CMS, must have qualified and available support included as a part of ongoing services to maintain the CMS, using guidelines, structures and materials meeting the following criteria: Support – The Consultant shall provide access to live support available via e-mail or phone during the Consultant’s normal business hours. The support team must be fluent in the functionality and uses of both the content management system’s features and associated applications and modules.

Support Materials – 24/7 access to support materials including, but not limited to: online training manuals, support FAQs, customer support forums, instructional videos, informational newsletters, informational and support-driven webinars (live and archived), request forms, online education courses, and support-related updates through common social networking mediums.

Support Service Level Agreement – In all submitted proposals, Consultants shall be able to

produce a Service Level Agreement that details the guarantee of customer support as well as a

service escalation process.

While website content updates are to be managed by the Des Moines International Airport through

the CMS, the Consultant must commit to regular maintenance and updating of the CMS and

associated applications to keep the existing software up to date as well as introduce new functionality

and applications. Consultant shall commit to: CMS Improvements – Regular maintenance of the CMS to improve existing functionality and, when appropriate, take the Des Moines International Airport requests into consideration.

CMS New Features – Rolling upgrades of the solution that strengthen and update the CMS’s functionality and associated applications.

Software Service Level Agreement – In all submitted proposals, Consultants shall be able to produce a Service Level Agreement that details the guarantee of upgrades and the dedicated process for improving the software purchased by the Des Moines Airport Authority.

Additional Options Although the Des Moines International Airport has these specific requirements, it is also interested in your ideas for the approach of redesigning the style of the Des Moines International Airport website. We encourage respondents to consider and propose alternative solutions and recommendations. We are particularly interested in specific web functionality that your company may have already developed and deployed for other customers.

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Attachment 6: FAA Provisions

FAA PROVISIONS

Non AIP Contract/Solicitation

1. General Civil Rights Provisions.

The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are

promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,

sex, age, or disability be excluded from participating in any activity conducted with or benefiting

from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through

the completion of the contract. This provision is in addition to that required by Title VI of the

Civil Rights Act of 1964.

2. Title VI Solicitation Notice:

The Des Moines Airport Authority, in accordance with the provisions of Title VI of the Civil

Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby

notifies all bidders or offerors that it will affirmatively ensure that any contract entered into

pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair

opportunity to submit bids in response to this invitation and will not be discriminated against on

the grounds of race, color, or national origin in consideration for an award.

3. Compliance with Nondiscrimination Requirements

During the performance of this Agreement, the Contractor, for itself, its assignees, and successors

in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will

comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as

they may be amended from time to time, which are herein incorporated by reference and

made a part of this Agreement.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the

Agreement, will not discriminate on the grounds of race, color, or national origin in the

selection and retention of subcontractors, including procurements of materials and leases

of equipment. The Contractor will not participate directly or indirectly in the

discrimination prohibited by the Nondiscrimination Acts and Authorities, including

employment practices when the contract covers any activity, project, or program set forth

in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding, or negotiation made by

the Contractor for work to be performed under a subcontract, including procurements of

materials, or leases of equipment, each potential subcontractor or supplier will be notified

by the Contractor of the Contractor’s obligations under this Agreement and the

Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports

required by the Acts, the Regulations, and directives issued pursuant thereto and will

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permit access to its books, records, accounts, other sources of information, and its

facilities as may be determined by the sponsor or the Federal Aviation Administration to

be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities

and instructions. Where any information required of a Contractor is in the exclusive

possession of another who fails or refuses to furnish the information, the Contractor will

so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will

set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the

Non-discrimination provisions of this Agreement, the sponsor will impose such contract

sanctions as it or the Federal Aviation Administration may determine to be appropriate,

including, but not limited to:

a. Withholding payments to the Contractor under the Agreement until the

Contractor complies; and/or

b. Cancelling, terminating, or suspending the Agreement, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs

one through six in every subcontract, including procurements of materials and leases of

equipment, unless exempt by the Acts, the Regulations and directives issued pursuant

thereto. The Contractor will take action with respect to any subcontract or procurement

as the sponsor or the Federal Aviation Administration may direct as a means of enforcing

such provisions including sanctions for noncompliance. Provided, that if the Contractor

becomes involved in, or is threatened with litigation by a subcontractor, or supplier

because of such direction, the Contractor may request the sponsor to enter into any

litigation to protect the interests of the sponsor. In addition, the Contractor may request

the United States to enter into the litigation to protect the interests of the United States.

4. List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this

Agreement, Contractor, for itself, its assignees, and successors in interest, agrees to comply with

the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits

discrimination on the basis of race, color, national origin);

• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of

Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42

U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been

acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,

(prohibits discrimination on the basis of disability); and 49 CFR part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits

discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,

(prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and

applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975

and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms

“programs or activities” to include all of the programs or activities of the Federal-aid

recipients, sub-recipients and Concessionaires, whether such programs or activities are

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Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination

on the basis of disability in the operation of public entities, public and private transportation

systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 –

12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and

38;

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)

(prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, which ensures non-discrimination against minority

populations by discouraging programs, policies, and activities with disproportionately high

and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency, and resulting agency guidance, national origin discrimination includes

discrimination because of limited English proficiency (LEP). To ensure compliance with

Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access

to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from

discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

5. Federal Fair Labor Standards Act (Federal Minimum Wage). All contracts and subcontracts

that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the

Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.

The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full

and part time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or

regulation. The Contractor must address any claims or disputes that arise from this requirement

directly with the U.S. Department of Labor – Wage and Hour Division.

6. Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from

this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same

force and effect as if given in full text. Contractor must provide a work environment that is free

from recognized hazards that may cause death or serious physical harm to the employee. The

Contractor retains full responsibility to monitor its compliance and their subcontractor’s

compliance with the applicable requirements of the Occupational Safety and Health Act of 1970

(20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced

requirement directly with the U.S. Department of Labor – Occupational Safety and Health

Administration.

7. Subordination to Agreements. This Agreement is subject and subordinate to the provisions of

any agreements heretofore or hereafter made between the Authority and the United States of

America or the state of Iowa relative to the operation, maintenance, development, or

administration of the Airport, the execution of which has been required as a condition precedent

to the transfer of federal rights or property to Authority for Airport purposes, or to the

expenditure of federal or state of Iowa funds for the improvement or development of the Airport,

including the expenditure of federal funds for the development of the Airport in accordance with

the provisions of the Federal Aviation Act of 1958, and as said act may be amended from time to

time.

8. Exclusive Rights. It is understood and agreed that nothing herein contained shall be construed to

grant or authorize the granting of an exclusive right within the meaning of Section 308 of the

Federal Aviation Act of 1958, and as said act may be amended from time to time.

9. Subordination to Agreements. This Agreement is subject and subordinate to the provisions of

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any agreements heretofore or hereafter made between the Authority and the United States of

America or the state of Iowa relative to the operation, maintenance, development, or

administration of the Airport, the execution of which has been required as a condition precedent

to the transfer of federal rights or property to Authority for Airport purposes, or to the

expenditure of federal or state of Iowa funds for the improvement or development of the Airport,

including the expenditure of federal funds for the development of the Airport in accordance with

the provisions of the Federal Aviation Act of 1958, and as said act may be amended from time to

time.