Des Moines Airport Authority REQUEST FOR PROPOSALS FOR

COMPENSATION STUDY & PERFORMANCE EVALUATION SYSTEM

DEVELOPMENT Requests for clarification regarding this RFP must be made to the Authority’s contract manager at: SCDawson@dsmairport.com no later than 3:00 p.m., December 22, 2014. Only written inquiries submitted by mail or e-mail will be accepted from potential proposers, and written responses will be issued to all known potential proposers. Proposers wishing to respond to this RFP or receive addendums must notify the Authority no later than 3:00 pm, December 22, 2014. Written answers to requests for clarification will be provided to all persons making a request to receive addendums no later than 3:00pm, December 23, 2014. An electronic copy of this Request for Proposal is available by contacting the Contract Manager at SCDawson@dsmairport.com, and on the Airport’s website, http://www.dsmairport.com.

Proposal Due Date and Time: December 31, 2014, 4:00 pm Central PURPOSE The Des Moines Airport Authority (Authority) is soliciting proposals from qualified firms for the purpose of conducting a comprehensive compensation study of all represented and non-represented positions. The selected firm is expected to meet the following objectives:

• Development of a performance evaluation and compensation system, transitioning non-bargaining employees of the Authority from a step based system to a merit based system;

• Establish current market rate compensation for all position classifications and recommend processes for periodic updates of market rates;

• Review existing job descriptions and recommend revisions; The Authority anticipates review of proposals during the first two weeks of January 2015 with contract award no later than January 15, 2015. Work is expected to be completed no later than March 30, 2015. A contract substantially similar to the sample contract included in this Request For Proposal will be executed between the successful firm and the Authority.

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BACKGROUND INFORMATION The Des Moines Airport Authority manages the Des Moines International Airport. The Authority was established in November 2011 under the governance of a non-employee, five member board. Prior to becoming an authority, the airport was managed as an enterprise fund of the City of Des Moines. A current organization chart for the Authority is included as Attachment 4. Of the 61 employees of the Authority, ten are represented by the Municipal Employees Association (MEA) and 29 are represented by the Central Iowa Public Employees Council (CIPEC). The remaining 22 employees are considered administration staff and are not represented. The two bargaining units have historically negotiated single or multi-year contracts, which include across the board salary increases applied to the range and step system. Although not technically a bargaining unit, under the City of Des Moines, the administration employees also operated on a range and step system with annual across the board increases. Certain salary ranges were last reviewed as part of a study conducted by the City of Des Moines in 2006. In 2012, the salary range for Building Engineer was increased in response to difficulty filling vacant positions. The Authority currently participates in the ACI-NA Airport Salary Survey conducted by Western Management Group, using those results along with other readily available local and national surveys to assess reasonableness of salary levels. The Authority’s benefit program has remained unchanged from the City of Des Moines. Employees participate in the Iowa Public Employees Retirement System (IPERS), health and dental insurance, life insurance, deferred compensation program, and flex spending accounts for health care and child care expenses. The Authority has participated in the ACI-NA Airport Salary Survey conducted by Western Management Group since 2012. This survey and other available local surveys have been used to establish compensation levels for a limited number of positions in the last two years. It is anticipated that the firm selected will use the ACI-NA survey as a resource as it is specifically tailored to many positions of the Authority. The 2015 survey is scheduled to be released in the first half of February 2015. The firm selected will be required to execute the Data Protection Agreement included as Attachment 7.

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SCOPE OF SERVICES The study involves approximately 22 full-time classification titles composed of executive, professional, administrative, technical, blue collar and clerical positions. The contract awarded as a result of this Request for Proposals w i l l require the successful firm to provide services that meet or exceed the following objectives:

• Complete a review of the Authority’s current compensation and evaluation systems to understand existing strengths and weaknesses, tools used to set salary and benefit rates, and other factors surrounding compensation of Authority positions.

• Conduct a review of salary rates for all Authority positions, recommending specific market rates and ranges for each position based on applicable survey data. The Authority seeks rates that are internally equitable and competitive in external public and private markets. Where appropriate, airport specific survey data should be considered. Although some classifications belong to bargaining groups, the Authority plans to use the market rates established by this study to guide its negotiating position.

• Develop a process by which the Authority can periodically (3 year cycle) update the market rates for each position to maintain a competitive compensation system.

• Review position descriptions of all Authority job classifications and recommend revisions as needed to ensure compliance with applicable Fair Labor Standards Act provisions relative to exempt and non-exempt status.

• Develop a performance evaluation process that coordinates the evaluation and compensation systems, effectively managing the salaries of long-term employees within a given range around the market rate.

• Develop a clear and easily understood overview of the evaluation and compensation systems for presentation to employees and stakeholders.

• Provide periodic updates on the progress of work, and as requested, present final results in person to Authority staff and Board Members.

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EVALUATION OF PROPOSALS

This section sets forth criteria which will be used in the evaluation of proposals. Each responsive proposal will be evaluated and a selection made on the basis of the criteria listed below:

Weight Criteria

40%

Experience of the firm and proposed project team with regard to compensation studies, particularly with public entities transitioning from a step based system to a merit based system.

25%

Demonstrated understanding of Authority’s needs with respect to the compensation study, quality of the firm’s described approach, and ability to meet/exceed the criteria set forth in the Scope of Services.

10% References

25% Cost of services

The Authority may conduct interviews and discussions with one or more firms. Once these interviews and discussions are completed, the contract award will be made to the top-ranked firm, and other proposers will be advised of the decision. Proposals will remain confidential until a firm has been selected. PROPOSAL RESPONSE FORMAT

Proposers are to make written proposals that present the firm’s qualifications and understanding of the work to be performed. Proposers shall address each of the specific topics listed below as a minimum. Failure to include any of the requested information may be cause for proposal to be considered non-responsive and therefore rejected. A cover letter introducing your firm and confirming your interest in performing the subject study. Indicate your agreement with, or specific exceptions to, any of the objectives, requirements, terms or conditions contained in this solicitation document.

Experience of the firm and proposed project team with regards to analysis and formulation of compensation and benefit plans:

A. Describe your firm's overall experience with providing compensation and benefits consulting services, particularly to government entities, preferably municipalities, airports and utilities.

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B. Identify and describe the experience, qualifications and credentials of the project team or individual(s) proposed to do the work, specifically detailing the experience with government agencies.

C. Describe any recently completed or current work your firm is performing for other clients, especially government entities, with respect to employee compensation plans.

D. List at least two current references for whom comparable work has been performed. This list must include the client’s name, person to contact, address, telephone number, and description of the work performed.

Demonstrated understanding of the Authority’s needs with respect to its compensation policy and the ability to meet/exceed the objectives set forth in Scope of Services above.

A. Provide a description of the general approach to be used in conducting the study, including assumptions, theories and methodologies to be employed, and the anticipated public and private comparables to be used.

B. Provide a work plan describing the individual tasks to be performed, and the relative

scheduling of those tasks including a listing of Authority resources required. All deliverable items should be identified and described. The work plan should detail key events, methods, estimated hours and the timeline for completion.

C. Provide an indication of the salary survey data expected to be used in completion

of this work. The Authority will provide access to the 2014 and 2015 ACI-NA Airport Salary Survey completed by Western Management Group. The selected firm will be required to execute Western Management Group’s Data Protection Agreement, included as Attachment 7.

Cost of Services: Provide a not-to-exceed cost based on the tasks to be performed. Complete and submit the Proposal Form (Attachment 6). Completed Attachment 1 and Attachment 3.

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SUBMITTAL INSTRUCTIONS Proposal packages must be received at the address shown below on or before December 31, 2014, 4:00 pm local time. Proposals submitted after this time will be rejected as unresponsive. Proposers shall submit four copies to: Steven Dawson Contract Manager Des Moines Airport Authority 5800 Fleur Drive, Suite 207 Des Moines, IA 50321 Proposal packages must be clearly marked on the outside of the package with the name of the submitting firm and “Position Classification & Compensation Study”. Proposers are responsible to ensure receipt of proposals by the specified due date and time. Delivery to the U.S. Postal Service or other carrier does not constitute receipt of delivery.

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STANDARD PROVISIONS AND REQUIREMENTS FOR REQUESTS FOR PROPOSALS (RFPs)

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

A proposal submitted in response to the Authority's Request for Proposals 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 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

RFP, 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 RFP Process

Upon issuance of this RFP, Proposers shall not communicate in any way with any Authority employee other than the contract manager regarding the terms or provisions of this RFP. Questions about this RFP are to be in writing and directed to the contract manager, and will be addressed in a written addendum to the RFP.

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

Clarification or Interpretation

The Authority's contract manager will respond in writing to all inquiries presented to the Authority as provided in section 3, above. The Authority's written response will be directed to all known potential Proposers. Only the Authority's written responses will be considered to be the Authority's official

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response binding upon the Authority. In addition to making a written response, the Authority may issue addenda amending the RFP by changing or deleting the provisions of, or adding provisions to, the RFP.

5. 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 contract manager render the RFP 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.

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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 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 and Bond.

Each Proposer shall provide evidence satisfactory to the Authority that it can obtain the required insurance coverages and bond. For this purpose, each Proposer shall submit with its proposal the certification form appended to this RFP as Attachment 3, in which the Proposer's insurance agent and/or bonding agent certifies that the Proposer can obtain the required insurance coverages and/or bond. 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 RFP will be evaluated by Authority staff. The Authority staff will utilize the evaluation criteria and scoring methodology set forth in this RFP in making its determination as to the best proposal.

B. Upon completing its evaluation and the scoring of competing

proposals, a Notice of Intent to Award will be provided to all competing Proposers by mail, FAX or e-mail.

9. 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

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speak and the Board consents to the request. 10. Rejection of Proposals.

The Authority reserves the right to reject any or all proposals in whole or in part received in response to the RFP. The Authority will not pay for any information requested in the RFP, nor is it liable for any cost incurred by a Proposer in responding to the RFP.

11. 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 RFP), 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 RFP), the Authority Board Chairperson will execute the contract as directed by the Authority Board.

12. Proposal Obligations.

The contents of this RFP, of a proposal submitted in response to this RFP, and of the Authority's official response to a question, objection, or request for clarification or interpretation regarding the RFP, and of any exception to the RFP 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.

13. Disposition of Proposals.

All proposals submitted in response to the RFP become the property of the Authority and will not be returned.

14. Assignment of Contract Prohibited Unless Approved in Writing by the

Authority.

No contract awarded pursuant to RFP is assignable without the prior written consent of the Authority.

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15. Attachments.

A. Attachment 1: Non-Collusion Affidavit

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

Indemnification Requirements

C. Attachment 3: Proposer's Certification Regarding Insurance and/or Bond Certification of Proposer's Insurance Agent Regarding Proposer's Ability to Obtain Required Insurance Coverages;

D. Attachment 4: Authority Organization Chart

E. Attachment 5: Sample Contract

F. Attachment 6: Price Schedule

G. Attachment 7: Data Protection Agreement II. GENERAL TERMS AND CONDITIONS

1. Exclusive Contract.

The contract that results from this Request for Proposals 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 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

DES MOINES AIRPORT AUTHORITY PROFESSIONAL SERVICES - GENERAL

INSURANCE & INDEMNIFICATION REQUIREMENTS

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 “nonadmitted” 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. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: The Consultant shall procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage, both written with State of Iowa statutory limits. Waiver of Subrogation in favor of the AUTHORITY is required.

B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Consultant shall procure and maintain 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. 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.

C. PROFESSIONAL LIABILITY INSURANCE: The Consultant shall procure and

maintain Professional Errors and Omissions Insurance with limits not less than $1,000,000 per claim and in the aggregate.

D. CONTRACTUAL LIABILITY: The General Liability Insurance policy shall include Contractual Liability coverage equivalent to that included in ISO standard

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form CG 0001. The AUTHORITY shall not be included as an Additional Insured on either policy.

E. CANCELLATION & NONRENEWAL NOTIFICATION ENDORSEMENT:

The General Liability Insurance and Professional Liability Insurance policies shall be endorsed to provide the AUTHORITY with no less than thirty (30) days Advance Written Notice of Cancellation, forty-five (45) days Advance Written Notification for Nonrenewal and ten (10) days Written Notification of Cancellation due to non-payment of premium. Written notifications shall be sent to: Des Moines Airport Authority, Executive Director, 5800 Fleur Drive, Des Moines, Iowa 50321.

F. WAIVER OF SUBROGATION: To the fullest extent permitted by law, Consultant

hereby releases the AUTHORITY, including its appointed officials, agents, employees and volunteers and others working on its behalf, 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 appointed officials, agents, employees and volunteers, and other working on its behalf.

G. PROOF OF INSURANCE: The Consultant shall provide to the AUTHORITY Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through F 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”. ”. A Copy of the Cancellation and Nonrenewal Notification Endorsement shall be submitted with the Certificates of Insurance. Mail Certificates of Insurance to: Executive Director, Des Moines Airport Authority, 5800 Fleur Drive, Des Moines, Iowa 50321.

H. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The Consultant

shall require that any of its agents, subconsultants and subcontractors who perform work and/or services on behalf of the Consultant purchase and maintain the types of insurance customary for the services being provided.

3. INDEMNIFICATION REQUIREMENTS

For purposes of this Section 3, the term “AUTHORITY” means the Des Moines Airport Authority and its appointed officials, agents, employees, volunteers, and others working on its behalf. For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, pay on behalf of, indemnify, and

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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, except to the extent caused by or resulting from the sole negligence of the AUTHORITY.

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 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 or 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, except to the extent caused by or resulting from the sole negligence of the AUTHORITY.

Consultant expressly assumes responsibility for any and all damage caused to AUTHORITY property arising out of or 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.

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.

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Phone

ATTACHMENT 3

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:

Name/Address/Phone/FAX # of Insurance Agency:

____________________

Name of Agent/Broker (Print):

Signature of Agent/Broker:

Date of Signature: _______________

Signature and stamp of Notary Republic

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Des Moines Airport Authority Organizational Chart (Updated December 9, 2014)

Board of Directors

Legal Counsel Executive Director

Director of Finance & Administration

AMPCO Parking Contract Contracts Manager Accounting

Manager

Airport AccountantAccounting SpecialistIII

Director of Operations

Pro-Tec Fire Services Contract

Operations Compliance Officer

Operations & Security Manager

Operations Supervisors (6)

Security Assistant (1)

Staff Assitant Secretary

Administration Assistant

Operations Center Attendant (6)

Airfield Maintenance

Manager

Airfield Maintenance

Senior Crew Chief

Mechanics (2) Crew Chiefs (2)

Field Workers (15)

Chief Electrician

Electricians (2)

Director of Engineering &

Planning

Airport Facilites Manager

ABM Custodial Contract

Chief Building Engineer

Building Engineers (7)

Technical Systems Manager

System Technicians (3)

Airport Consultants

P:\WORKING\2014\ADMIN\HR\Org Charts\1209 Complete Org Chart.docx

Attachment 5 CONTRACT BETWEEN

THE DES MOINES AIRPORT AUTHORITY AND

[successful proposer] This Contract is entered into between the Des Moines Airport Authority (the "Authority") and [contractor], a _______ corporation qualified to do business in Iowa and having offices at ________ (the "Contractor").

RECITALS The Authority desires to obtain a comprehensive compensation study for the Des Moines International Airport (the "Airport"). On December 9, 2013, the Authority’s purchasing agent advertised for proposals for "Compensation Study & Performance Evaluation System Development” through RFP #______, which included a proposal due date of December 31, 2015, the Request for Proposals ("RFP"). The Authority received __ proposals within the deadline for submission. In accordance with the evaluation criteria set out in the RFP, an evaluation and selection committee reviewed the timely submitted proposals and determined that the Contractor, which is in the business of providing such services, submitted the best overall proposal based on the requirements of the RFP. The parties now desire to enter into a contract to formalize their agreement for Contractor to provide a comprehensive compensation and evaluation study at the Des Moines International Airport and to implement the requirements of the RFP and the provisions of the proposal made by Contractor. The parties therefore agree as follows: SECTION 1: CONTRACT DOCUMENTS The Contract between the parties includes: (1) this document, including the Recitals; (2) Addenda to the RFP dated ___________; (3) the RFP, including its attachments and exhibits; (4) the Contractor’s proposal dated ______________ (the "Proposal"). The listed documents are to be interpreted so as to give effect to all terms of each and to harmonize their provisions. To the extent there are provisions in the listed documents that are irreconcilable, the order of precedence is as listed in this section. SECTION 2: SCOPE OF SERVICES TO BE RENDERED

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A. Consultant shall provide the consulting services under the terms and

conditions set forth in this Contract ("Scope of Work" or “Work”). Consultant shall not perform work beyond the Scope of Work except pursuant to the Authority's prior written request.

B. Consultant is an independent contractor. Nothing contained in this Contract will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture. Consultant has no authority to act as agent for, or on behalf of, the Authority, or to represent the Authority, or bind the Authority in any manner. Consultant will not be entitled to worker's compensation, retirement, insurance or other benefits afforded to employees of the Authority.

SECTION 3: TERM OF CONTRACT The Contractor’s obligation to provide a comprehensive compensation and evaluation study begins upon execution of this Contract and terminates when the Consultant has delivered the complete Design Documents as defined below. SECTION 4: PRICES AND PAYMENT

A. For the term of this Contract, including extensions, the Authority shall pay Contractor to perform the Scope of Work _______________

B. Contractor may invoice the Authority monthly for hours worked during the

previous month. The Authority shall pay Contractor within 30 days after the Authority receives an accurate invoice with documentation showing _________________for services performed.

SECTION 5: CONTRACT ADMINISTRATION The work to be performed by the Contractor shall at all times be subject to the general supervision and approval of the Authority Executive Director or his designee. The Executive Director hereby designates general supervision and authority to the Authority's Director of Finance. The Director of Finance or his designee will be the liaison between the Contractor and the Authority for the purpose of administering the Work to be performed under this Contract. SECTION 6: TERMINATION AND ADJUSTMENT

A. If Contractor fails to fulfill its obligations under this Contract, the Authority may terminate this Contract after giving the Contractor ten days written notice to cure such failure. The ten day cure period will begin on the date

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shown on the written notification from the Authority. If within the 10 day period Contractor fails to cure to the reasonable satisfaction of the Executive Director, then the Authority may give notice that it is terminating this Contract and Contractor shall cease all activity associated with this Contract at such time as the notification is received. The Authority has the right to set off the cost of procuring another contractor to perform or complete the Scope of Work in the event Contractor fails to perform the Work satisfactorily.

B. At any time prior to completion of the Work, the Authority may, in its sole

discretion, terminate the contract by providing the Contractor written notice of its intention to terminate. Contractor shall cease all activity associated with this Contract at the time the notification is received. Unless the notification provides otherwise, Contractor shall cease all activity associated with this Contract at the time the notification is received. If the termination is without fault of the Contractor, the Authority shall pay for Work satisfactorily performed to the date of termination and reimburse Contractor for unrecoverable expenses Contractor incurred prior to receiving the notification.

SECTION 7: INSURANCE AND INDEMNIFICATION Prior to beginning work at the Airport, Contractor shall provide the certificates of insurance and endorsements showing that the Contractor has obtained the insurance required by Attachment 2 to the RFP. Contractor shall defend, pay on behalf of, indemnify and hold harmless the Authority as provided for in Attachment 2, "Standard Insurance and Indemnification Requirements" of the RFP. Contractor shall obtain and shall maintain in continuous effect during the term of this Contract, and while any of its obligations remain unsatisfied, the insurance coverages, limits, waivers and endorsements set forth in Attachment 2 of the RFP. SECTION 8: COMPLIANCE WITH FEDERAL AVIATION AND TRANSPORTATION SECURITY REGULATIONS

A. Contractor shall comply at all times with Federal Aviation Regulations (FAR) Part 139, and Transportation Security Regulations (TSR) Parts 1500, 1520 1540 and 1542, the Authority 's policies, regulations and ordinances, the Authority 's Transportation Security Administration approved Airport Security Program, and any other applicable laws, regulations and rules as they currently exist and as they are amended from time to time. Contractor further agrees that any fines levied upon the Authority, its officers, employees, agents, volunteers and others working on behalf of the Authority (“Indemnitees”) pursuant to enforcement of FAR Part 139 and TSR Parts 1500, 1520, 1540, and 1542 due to acts or omissions by Contractor, Contractor's agents, servants, officers,

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employees, or independent bidders, will be borne by Contractor. Contractor further agrees to indemnify and hold harmless the Indemnitees from any and all fines levied and from any and all claims, demands, liabilities, or expenses of every kind or nature related to such levy or defense to such levy (including, but not limited to, salary of attorneys employed by the Authority) that Indemnitees may incur or at any time sustain or incur by reason of or in consequence of acts or omissions by Contractor. Contractor further agrees to indemnify and hold harmless Indemnitees from any and all claims, demands and or lawsuits arising out of Contractor's or Contractor's agents, servants, officers, employees, or independent contractors’ failure to comply with FAR Part 139 and TSR Parts 1500, 1520, 1540 and 1542, the Airport Security Program or any other applicable law, regulation or rule.

B. Contractor shall control all persons and vehicles entering any Airport

restricted area (including aircraft movement area) through its leased space, if any, in accordance with the Airport Security Program and in compliance with TSR Parts 1500, 1520, 1540, and 1542 as they currently exist and as they are amended from time to time.

SECTION 9: (omitted)

SECTION 10: NON-DISCRIMINATION Contractor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability and shall furnish evidence of compliance with this provision when so requested by the Authority. SECTION 11: (omitted) SECTION 12: 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 Contract (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 Contract, the Consultant shall immediately turn over

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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. SECTION 13: GOVERNING LAW

A. This Contract is entered into and performable in part in Polk County, Iowa, and shall be governed by and construed in accordance with the laws of the state of Iowa, without regard to its conflicts of laws principles. Contractor and Authority hereby submit to the exclusive jurisdiction of the United States federal district court for the Southern District of Iowa or the Iowa district court sitting in Polk County, Iowa in any action or proceeding arising out of or relating to this, and Contractor and the Authority hereby irrevocably agree that all claims and counterclaims in respect of any such action or proceeding shall be heard and determined in any such court. Contractor and the Authority each waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that they may now or hereafter have to the bringing of any such action or proceeding in any such court.

B. Waiver of Jury Trial. Each of the parties hereby irrevocably and unconditionally waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Contract.

SECTION 14: COMPLIANCE WITH LAW Contractor shall comply at all times during the term of this Contract, at its own cost and expense, with all applicable present and future ordinances, rules, regulations and laws of the Authority, county or state government or of the United States Government, and of any political division, subdivision or agency, authority or commission which may have jurisdiction to pass laws or ordinances with respect to the matters addressed in this Contract. SECTION 15: SUCCESSORS AND ASSIGNS BOUND All the terms, covenants, and agreements in this Contract are binding upon and will inure to the benefit of successors, assigns, and legal representatives of the parties. SECTION 16: NONWAIVER OF RIGHTS No waiver of default by either party of any of the terms, covenants, and conditions of this Contract will be construed as, or operate as, a waiver of any subsequent

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default of any of the terms, covenants, or conditions of this Contract. SECTION 17: SEVERABILITY If one or more clauses, sections, or provisions of this Contract, or their application, are held to be unlawful, invalid, or unenforceable, the remainder of this Contract and the application of its remaining provisions will not be affected thereby. SECTION 18: PARAGRAPH HEADINGS The paragraph headings contained in this Contract are for convenience in reference and are not intended to define or limit the scope of any provision. SECTION 19: ENTIRE AGREEMENT This Contract, together with all exhibits and attachments, constitutes the entire agreement between the parties, and all prior promises, representations or statements, verbal or written, are merged in this Contract. SECTION 20: LICENSES AND PERMITS Contractor shall obtain all applicable licenses and permits as required by federal, state, or local law. SECTION 21: AGREEMENT CONSTRUCTION Words and phrases in this Contract are to be construed as in the singular or plural number, as masculine, feminine, or neuter gender, and as disjunctive or conjunctive, according to the context. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not apply to the interpretation of this Contract or any amendments to this Contract. SECTION 22: REPRESENTATIONS OF PARTIES The Authority and Contractor represent that each has the full power and proper authority to make and execute this Contract, to exercise its rights, powers and privileges as described, and to perform the agreements and covenants contained in this contract. Contractor further warrants that it has the authority to enter into and be bound by the terms of this Contract and no order of any bankruptcy or other court, and no agreement with others, prohibits or limits such authority. SECTION 23: NO THIRD PARTY BENEFICIARIES It is not the intention of the parties by entering into this Contract to create any rights in any person not a party to this Contract.

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SECTION 24: NOTICES, PAYMENTS AND INVOICES All notices that the parties are authorized or required to give one another pursuant to this Contract, and all reports, payments and invoices, must be in writing and may be personally delivered or sent by ordinary mail to the addresses provided below. Mailed notices, reports, payments or invoices will be presumed to be received by the party to whom directed three days after they are postmarked. Such notices, reports, payments and invoices must be delivered or mailed to the following persons at the addresses listed: Authority:

Executive Director Des Moines Airport Authority 5800 Fleur Drive, Suite 207 Des Moines, IA 50321 Office: 515-256-5100 Email: kjfoley@dsmairport.com

Contractor:

Email: Office: Cell:

Des Moines Airport Authority [Contractor] _________________________ _________________________ XXXX XXXX Airport Authority Board Chair [title] Date: ____________________ Date: _____________________ Approved as to form: Attest: _________________________ _________________________ David A. Ferree Lorna L. Davros Assistant City Attorney Airport Board Staff Assistant Secretary

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Attachment 6

PROPOSAL FORM

Des Moines Airport Authority Request For Proposals for

COMPENSATION STUDY & PERFORMANCE EVALUATION SYSTEM DEVELOPMENT

I hereby certify that I am authorized to make this offer on behalf of the named company and to bind t h e company to all conditions of this proposal. By submitting this proposal, I hereby represent that the firm identified below has thoroughly examined the Request For Proposals, is familiar with the Scope of Services, and is fully qualified to perform the services described to achieve the City’s objectives in a professional manner.

Name of Firm Address

City/State/Zip

Signature

Name (Print)

Title Telephone Number

Fax Number

E-Mail Address

Date Submitted

Total Cost as described in Scope of Services portion of proposal. All costs related to travel, supplies, etc., are to be included.

Total, not-to-exceed cost:

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Attachment 7: DATA PROTECTION AGREEMENT Consulting Firm as a Third Party Service Provider SURVEY: 2015 ACI-NA Compensation and Benefits Survey (“Survey”) CONSULTING FIRM: TBD CONTACT PERSON: PHONE: E-MAIL: PARTICIPANT: Des Moines Airport Authority CONTACT PERSON: Brian Mulcahy PHONE: 515-256-5389 E-MAIL: bcmulcahy@dsmairport.com Des Moines Airport Authority has retained TBD CONSULTANT to assist in the data preparation, data reporting, data submission, data analysis and application of the results of the Survey to Des Moines Airport Authority’s internal compensation programs. TBD CONSULTANT, as a provider of Third Party consulting services to Des Moines Airport Authority, agrees that any data, analyses, and reports obtained by TBD CONSULTANT from this edition of the Survey will ONLY be used for the internal human resource and compensation program purposes of Des Moines Airport Authority. Unless specifically authorized in writing by Western Management Group, TBD CONSULTANT agrees that no data, analyses or reports obtained by TBD CONSULTANT as a Third Party consulting service provider will be provided to, or shared with any clients other than Des Moines Airport Authority, other outside or third parties in any form. This includes, but is not limited to hard copy, electronic copy, or electronic transmission or the placement in any data warehouse, where any other third party may utilize or gain access to this data, analyses, or reports. This provision will also apply to the sharing of data, analyses, or reports with other consulting operations, divisions, subsidiaries and other operating entities of the corporate structure of Consultant. Western Management Group specifically prohibits Des Moines Airport Authority and TBD CONSULTANT from releasing any data, analyses or reports from the Survey to any outside, third party, or data warehouse service, such as Salary.com, Towers Watson, Hewitt Associates, and other firms offering similar services, where data, analyses or results from the Survey would be housed on servers, networks or computers other than those of Des Moines Airport Authority or TBD CONSULTANT, without prior written authorization by Western Management Group. TBD CONSULTANT also agrees that any data, analyses, and reports obtained by TBD CONSULTANT from this edition of the Survey will ONLY be used for a specific period. This period begins on the date this agreement is signed and will end the 31st of December, 2015. After this period, authorization from Western Management Group is required in order for TBD CONSULTANT to continue access to this edition of the Survey. SIGNED FOR Des Moines Airport Authority: ________________________________ DATE: _____________ PRINT NAME: ______________________________________ TITLE: ____________________________________________ SIGNED FOR TBD CONSULTANT: _______________________________________ DATE: __________ PRINT NAME: ______________________________________ TITLE: ____________________________________________ Authorized by Western Management Group: SIGNED BY: ________________________ PRINT NAME: ___________________________ DATE: ____________

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