HomeMy WebLinkAbout6.13.17 PacketReduced
NANTUCKET MEMORIAL AIRPORT COMMISSION June 13, 2017
Agenda
1. Announcements a. This Meeting is Being Both Audio & Video Recorded 2. Review and Approve: a. Agenda
b. 5/11/17 Draft Minutes c. Ratify 5/24/17 & 6/7/17 Warrants 3. Pending Leases/Contracts as Set Forth on Exhibit 1, which Exhibit is Herein Incorporated by Reference
4 Public Comment
5. Pending Matters a. 042214-2 Formerly Used Defense Site (FUDS) Status
b. 011315-2 General Fund Repayment Proposal and Discussion of In-Kind Services c. 042017-2 – Hangar 1 Fair Market Rental Value Appraisal 6. 122215-1 Air Service Update
7. 061317-1 Ratify Revised Advertising Rates 8. 061317-2 Brookfield Asset Bridgetown. LLC Sub-Lease to FedEx Corp.
9. 061317-3 Volume Fuel Discount Program Discussion
10. 061317-4 Non-Union FY18 COLA Discussion 11. Manager’s Report a. Project Updates
b. RFP/Bid Status c. Operations Update
d. Statistics e. Personnel Report
f. 061317-5 Request to Travel – October 1-3, 2017 12. Commissioner’s Comments
13. Public Comment
14. Executive Session – G.L. c.30A, §21 (a) a. Review ES minutes of 5/28/13, 9/10/13, 9/24/13, 10/8/13, 11/12/13, 12/10/13, 1/14/14, 2/25/14, 3/11/14, 3/25/14,
4/22/14, 6/24/14, 11/25/14, 2/24/15, 3/10/15, 4/14/15, 5/12/15, 7/14/15, 8/11/15, 9/8/15, 10/13/15, 11/10/15, 12/8/15, 1/12/16, 1/19/16, 2/9/16, 4/19/16, 5/9/16, 6/10/16, 7/12/16, 8/9/16, 9/13/16, 10/11/16, 11/8/16, 12/13/16,
1/10/17, 2/14/17, 3/14/17, 4/20/17 for possible release; and 5/11/17 for review and possible release, and b. Clause 3: To discuss strategy with respect to collective bargaining. The Chair has determined that an open session
may have a detrimental effect on the bargaining position of the Airport Commission, and c. Clause 3 & 6: To consider the purchase, exchange, lease or value of real property and to discuss pending litigation
to Gatto vs. Town. The Chair has determined that an open session may have a detrimental effect on the negotiation and/or litigation position of the Airport Commission, and
d. Clause 3: To discuss strategy with respect to pending litigation related to SRE Snowblower . The Chair has determined that an open session may have a detrimental effect on the litigation position of the Airport Commission.
Public Safety Facility
1st Floor Meeting Room
4 Fairgrounds Road
5:00 PM
Town of Nantucket
NANTUCKET MEMORIAL AIRPORT
14 Airport Road
Nantucket Island, Massachusetts 02554
Thomas M. Rafter, Airport Manager Commissioners Phone: (508) 325-5300 Daniel W. Drake, Chairman Fax: (508) 325-5306 Arthur D. Gasbarro, Vice Chair
Anthony G. Bouscaren Andrea N. Planzer Jeanette D. Topham
DRAFT AIRPORT COMMISSION MEETING May 11, 2017
The meeting was called to order at 6:01 pm by Acting Chairman Arthur Gasbarro with the following Commissioners present: Anthony Bouscaren and Andrea Planzer. Chairman Dan Drake participated via phone conference due to geographical distance. Jeannette Topham participated
remotely due to a personal disability.
The meeting took place in the 1st floor Community room at the Public Safety Facility, 4 Fairgrounds Rd. Nantucket MA.
Airport employees present were: Thomas Rafter, Airport Manager, Janine Torres, Office
Manager, David Sylvia, Compliance Manager, Noah Karberg, Environmental Coordinator, and Mae Williams, Administrative Assistant.
Mr. Gasbarro announced the meeting was being both audio and video recorded.
Mr. Gasbarro asked for comments on the Agenda. Hearing none, the Agenda was adopted.
Mr. Gasbarro asked for comments or corrections to the March 20, 2017 Meeting Minutes. Hearing none, the Minutes were adopted. Ms. Planzer made a Motion to ratify the warrants of 4/19/17 and 5/3/17. Second by Mr. Bouscaren and Passed unanimously by the following roll-call vote:
Mr. Bouscaren – Aye Ms. Topham – Aye Ms. Planzer – Aye
Mr. Gasbarro – Aye
Mr. Drake – Aye Ms. Planzer made a Motion to approve the warrant of 5/17/17. Second by Mr. Bouscaren and
Passed unanimously by the following roll-call vote:
Mr. Bouscaren – Aye
Ms. Topham – Aye Ms. Planzer – Aye
Mr. Gasbarro – Aye Mr. Drake – Aye
5/11/17 Airport Commission Meeting Page 2 of 6
Pending Leases/Contracts – Mr. Rafter presented the following Leases and Contracts:
American Airlines/Piedmont Airlines - 2017 Terminal Office Space and Ground Handling Agreement for $6,960, plus $1,500 Annual Business Fee (ABF) and $480 for intercom.
American Airlines/Republic Airlines - 2017 Seasonal Airline Lease for $12,000, plus $1,500 ABF, plus applicable Landing fees.
Delta Airlines - 2017 Seasonal Airline/Terminal Office Lease for $18,800, plus $1,500
ABF, plus $480 for intercom plus applicable Landing fees.
United Airlines - 2017 Seasonal Terminal Lease for $15,920.00, plus $1,500 ABF, plus
$480 intercom plus applicable Landing fees. – Pending
JetBlue Airways Corporation - 2017 Seasonal Airline Lease for $18,000, plus $1,500 ABF, plus $480 intercom, plus applicable Landing fees.
Republic Parking System – Three (3) year Contract for $90,000 to operate and manage
the Airport’s Parking Facilities.
Jacobs Engineering Group – On-call engineering services. Each task assigned will
amend on-call with amount and determination of funding source – Pending
Grey Wall Software, LLC - Contract for $24,150 for twenty-two (22) Licenses for VEOCI Software and 30 hours of Professional Services.
Door Concepts - Contract for $2,075 for troubleshooting and repair of Terminal
automatic doors.
State of NH, Department of Safety, Division of Fire Standards & Training –
Amendment #2 to increase original amount of $565 from $14,850 to $15,415.
Trillion Aviation – Amendment #1 to extend termination date from June 30, 2017 to September 30, 2017.
Ms. Planzer inquired as to the difference between the Annual Leases vs. Seasonal Agreements.
Janine Torres, Office Manager, explained the differences between Annual and Seasonal Leases and added that is based on past practice. Mr. Rafter suggested to have Anderson & Kreiger (Airport Counsel) review the standard
documents prior to next year’s season. Mr. Gasbarro and Ms. Planzer concurred.
Mr. Drake made a Motion to approve all Leases & contracts excepting United Airlines and Jacobs Engineering. Second by Mr. Bouscaren and Passed by the following roll-call vote: Mr. Bouscaren – Aye
Ms. Topham – Aye
Ms. Planzer – Aye Mr. Gasbarro – Aye
Mr. Drake – Aye
Public Comment None Pending Matters – Mr. Rafter reported:
042214-2 Formerly Used Defense Site (FUDS) Status – The Airport is still awaiting a final
determination from the Army Corp of Engineers (ACE).
5/11/17 Airport Commission Meeting Page 3 of 6
011315-2 General Fund Repayment Proposal and Discussion of In-Kind Services – Mr. Jorge
Pantelli of the Federal Aviation Administration (FAA) has indicated the Airport should receive a
response within a week, however, the FAA has concerns regarding some of the requests that went beyond a six (6) year period and indicated they would not consider those payments. He will put
these concerns in writing.
042017-2 Hangar 1 Fair Market Rental Value Appraisal – The appraisal is pending.
122215-1 Air Service Update – Mr. Rafter reported the following: Mr. Rafter is scheduled to meet with several airlines at the Jumpstart Conference in Providence
RI in early June. Presentations, both independently, and regionally with Hyannis have drafted.
The Airport has received an application filed with the FAA for service between Nantucket and Hyannis from G-Jets. The Airport has sent its responses. Allies Air has leased or purchased a former Island Airline plane and is looking to put it under a
certificate that is based out of Nashua NH to begin 5 or less flights per week between Nantucket
and Hyannis. They will be looking to get a commuter certificate. Island Shuttle continues to pursue their certification. This will be a new commuter service between Nantucket and Hyannis.
Hyannis Airport is rehabilitating one of its runways and this has caused some delays and
cancellations. The work will continue throughout the summer and may pose some minor impacts with service.
Mr. Gasbarro inquired about Tailwind Aviation advertisements. Mr. Rafter responded they have
been sent the information they need to operate properly out of Nantucket.
042017-5 Airport Manager Contract Discussion – Mr. Drake reviewed the principal changes made by Anderson & Kreiger, Airport Counsel: the references to the Town of Nantucket being
the employer have been removed; the section regarding business travel and lodging for Town employees are the same as other Town employees; the provision that the Airport Manager keep the Town informed of the relevant happenings at the Airport has been revised and incorporated
into Exhibit A. Airport Counsel recommended the renewal provision be changed from three (3) years to one (1) year to allow for more flexibility. Ms. Topham expressed her opinion that she does not approve of rolling contracts. Mr. Drake
explained the provision states the agreement can be terminated after one year with certain notice.
She asked for clarification regarding the two weeks of vacation that can be carried over from year to year. She stated she has spoken with some of the Airport tenants and they would like Mr. Rafter to
make himself more visible.
Ms. Planzer made a Motion to approve the employment agreement with Mr. Rafter, Airport Manager. Second by Mr. Bouscaren and Passed by the following roll-call vote: Mr. Bouscaren – Aye
Ms. Topham – Aye
Ms. Planzer – Aye Mr. Gasbarro – Aye
Mr. Drake – Aye
5/11/17 Airport Commission Meeting Page 4 of 6
Mr. Drake suggested that all of the Commissioners sign the contract to establish a good record. 051117-1 Airport Business Plan Concept – Mr. Rafter presented a Power Point presentation on the benefit of establishing a business plan. He reviewed the concept of how he would like to see
the quality and growth of the Airport.
Mr. Drake suggested this information be publicized on social media to get this important information out to the public.
Mr. Gasbarro suggested adding a sub-site on our website and to encourage feedback from the
general public.
Mr. Drake suggested presenting the Business Plan at a future meeting of the Board of Selectmen. Mr. Rafter stated that while this document will be an ongoing effort, it will remain a standing agenda item until the plan is complete.
051117-2 Noise Presentation – Mr. Noah Karberg, Environmental Coordinator, presented a
Power Point summarizing the Noise Abatement Program. He reviewed the Landing Fee Incentive Program, Noise Complaint summary to date, Aircraft Power Unit (APU) Action log, Noise
Abatement and Pre-season promotional items.
Mr. Gasbarro added his belief that Mr. Karberg’s efforts to respond, inform and educate the public of the Noise Abatement Program have been very helpful.
051117-3 FY17 3rd Quarter Update – Mr. Rafter reviewed a spreadsheet that was presented to
the Board of Selectmen showing revenue is up 3%, expenses are down, showing net results of 19% above last year. Manager’s Report – Mr. Rafter reported:
Project Updates
Air Traffic Control Tower – The final invoice was sent for payment in the Town’s last warrant and we are in the process of closing the project out.
Vault Room – A meeting with Jacobs is scheduled for Friday, May 12, 2017 as it
appears there may be a further delay in completing the project.
Interactive Employee Training (IET) – The IET is in place and working well for the
Security Identification Display Area (SIDA) and non-movement area driver training. A meeting with the vendor to review the movement area driver training as well as the Part 139 training modules is scheduled for Friday, May 12, 2017.
Public Address/Flight Information Display System projects (PA/FIDS) – This project has been delayed due to a major issue obtaining a replacement electrician.
Crack sealing project – A State funded project due to start next week during nighttime
hours sealing the cracks on the runways.
Security Cameras – The installation of this State-funded project that has been
completed. Remote access for the authorized users is being coordinated.
North Ramp Rehab Area III – Bids have been received exceeding the amount authorized for the project. The Airport is working with Finance to review how to best
accomplish the project.
Geometry Analysis – Working with the FAA to determine the engineering firm to award this project to.
5/11/17 Airport Commission Meeting Page 5 of 6
Crew Quarters Project – Conceptual drawings and floor plans are being developed by
the architect and they will coordinate with the surveyor and then the plans will be
submitted to FAA for approval. The next step is to work with Town Consultant to see if it is a viable project for developers.
RFP/Bid Status – Mr. Rafter reported the RFP’s being worked on include:
Airport Gas – Proposals are due Friday, May 26, 2017. An addenda is being written to
identify proper payment structure.
Terminal Concession Retail – Proposals are due Monday, May 15, 2017.
Bunker Road Land Lease – This RFP is still being developed.
Solar Land Lease – Proposals are due Monday, May 22, 2017.
Door Maintenance – Proposals are due Monday, May 22, 2017.
Passenger Ramp – Proposals are due Monday, May 22, 2017.
Apron Flood Lights – Bids are due Thursday, June 1, 2017. Operations – Mr. Rafter reported:
Freight – The Airport is working on developing specific minimum standards for freight operation.
FAA Certification – The inspection was a success with many positive comments from
the inspector. The absence of Pavement Condition Numbers (PCN) for the runways on our self-inspection reports may be considered a letter of correction.
Hangar 6 – This hangar is in a state of disrepair and we will be putting out an RFP for to
address tenancy and repair.
Advertising – Lisa Kelly of Airport Media Solutions will be on site next week.
Triennial Exercise – Is scheduled for September 13, 2017.
Statistics – Mr. Rafter reviewed the February 2017 statistics:
Operations are up 5.36% from March 2016; and down .01% from last FYTD.
Enplanements are up 13.23% from March 2016; and down 10.47% from last FYTD.
Jet A Gallons are down 23.30% from March 2016; and up 1.09% from last FYTD.
Jet A Gallons for April 2017 are up 71.24%.
AvGas Gallons are down 4.89% from March 2016; and up 10.35% from last FYTD.
AvGas Gallons for April 2017 are up 21.06%.
Freight is up 18.91% from March 2016; and down 25.49% from last FYTD.
0 Noise Complaints were filed for March 2017. Personnel Report – Mr. Rafter reported:
All seasonal positions have been filled with staggering start dates.
Mr. Rafter requested that the vacant Airport Operations Specialist position be filled first rather
than the Safety Management System (SMS) Manager previously approved in the budget process. The Commission concurred. Commissioners Comments Mr. Drake announced the Airport Commission Meeting schedule is back on track for its normal
date and time, the second Tuesday of the month (June 13, 2017) at 5:00 pm.
Mr. Gasbarro made a brief reiteration regarding noise abatement to have an open line of
communication with the FAA in the ATCT.
5/11/17 Airport Commission Meeting Page 6 of 6
Public Comment None
Having no further business for Open Session, Mr. Bouscaren made a Motion to go into Executive Session, under G.L. Chapter 30A, Section 21A, not to return to Open Session, to review Executive Session Minutes as enumerated on the Agenda; Clause 3 – to discuss strategy with
respect to collective bargaining. The Chair has determined that an open session may have a detrimental effect on the negotiation/litigation position of the Airport Commission; Clause 6 to consider the purchase, exchange, lease or value of real property to discuss pending litigation to
Gatto vs. Town. The Chair has determined that an open session may have a detrimental effect on the negotiation/litigation position of the Airport Commission. And Clause 3 – to discuss strategy
with respect to pending litigation related to SRE Snowblower. The Chair has determined that an
open session may have a detrimental effect on the litigation position of the Airport Commission. Second by Ms. Planzer and Passed unanimously by the following roll-call vote:
Ms. Topham - Aye
Ms. Planzer – Aye Mr. Bouscaren – Aye Mr. Gasbarro - Aye
Mr. Drake - Aye
Meeting adjourned at 7:19 pm
Respectfully submitted,
___________________________________ Mae R. Williams, Recorder
Master List of Documents Used
5/11/17 Agenda including Exhibit 1 4/20/17 Draft Minutes
4/19/17 Warrant Signature Sheet
5/3/17 Warrant Signature Sheet 5/17/17 Warrant Signature Sheet
American Airlines/Piedmont Airlines 2017 Lease Agreement American Airlines/Republic Airlines 2017 Lease Agreement Delta Airlines 2017 Lease Agreement
United Airlines, Inc. 2017 Lease Agreement
JetBlue Airways 2017 Lease Agreement Republic Parking System LLC Contract
Jacobs Engineering Group On-Call Contract Grey Wall Software LLC Contract Door Concepts, Inc. Contract
State of NH, Div. of Fire Standards & Training Amendment #2 Trillion Aviation Amendment #1
ACK Memorial Airport Noise Abatement Program, 2017
FY17 3rd Quarter Update March 2017 Monthly Statistical Report
Employment Agreement for Airport Manager
Exhibit 1
Pending Leases/Contracts/Agreements
6/13/17
1 of 1
Type With Amount Other Information Source of Funding
Annual Seasonal Terminal Lease Agreement
Plus Landing Fees
Plus $1,500 Annual Business Fee
Nobadeer Beach Exercise Class
June 19 - August 18, 2017
Nobadeer beach Catered Events
July 1, 2017 - June 30, 2018
On-Call Engineering Services
Each Task Assigned will Amend On-Call
with Amount and Determine Funding Source
Advertising Consultant
Extend Contract Time for Balance Reamining on
Expired Contract
3-Year Contract for Automatic Door
Service & Repair
Expires 6/30/2020
Supply Switchback Aircraft Boarding Ramp
Expires 6/30/18
Required Live Burn Training
Two Sessions for 6 ARFF Personnel Each
Pending as of Meeting Posting Date
Operating
Jacobs Engineering Group TBDContract
Contract State of New Hampshire
Division of Fire Standards % Training
TBD
Airport Media Solutions
$77,844 Capital
$8,675
Sayle's Seafood ($1,500)
Contract Stanley Access Technologies
Contract
($15,920)Income
License Agreement
License Agreement
Lease Agreement United Airlines, Inc.
Contract Rectrix Aviation, Inc.
ACKlete Fitness ($1,500)Income
Operating for Exp
$70,500 Operating
$4,400 Operating
AGREEMENT FOR ADVERTISING SERVICES
This Agreement, dated _________________ 2017, is by between the Town of Nantucket, acting by and
through its Nantucket Memorial Airport Commission, hereinafter referred to as “Airport”; and Lisa
Balkunas-Kelly, individually, and AirportMedia Solutions, LLC,a Georgia limited liability company, with an
address of 210 W. Lower Factors Walk, Savannah GA 31401. Lisa Balkunas-Kelly and Airport Media
SolutionsLLCshallhereinafterbereferredtocollectivelyas“Consultant.” TheAirportandConsultantmay
also be referred to individually as a “Party,” or collectively as the “Parties.”
In consideration of the mutual covenants contained herein, the parties agree as follows:
ARTICLE 1: SCOPE OF WORK:
The Consultant shall perform all work and furnish all services set forth in and reasonably inferable from
and incidental to the scope of services attached hereto as Attachment A, and shall do so with reasonable
diligenceandreasonablecare,andinaccordancewithprudentindustrypracticesfortheindustryofwhich
such work and services are a part. All employees of Consultant performing work or services under this
Agreement shall have and maintain any and all licenses required by applicable laws and regulations.
ARTICLE 2: TIME OF PERFORMANCE; TERM OF AGREEMENT:
The Consultant shall commence all work and services required hereunder upon execution of this
Agreement, unless otherwise directed in writing by the Airport, and shall complete all work and services
no later than December 31, 2017.
ARTICLE 3: COMPENSATION:
The Airport shall pay the Consultant for the performance of all work and services outlined in Attachment
A the contract sum of $2,000.00 as set forth in Attachment B, plus reasonable and necessary travel
expenses and other reasonable and necessary expenses but only if such expenses have been approved in
writing in advance by the Airport and are supported by third-party receipts/invoices. Notwithstanding
the foregoing, in no event shall such reimbursable expenses exceed $2,400.00. The construct sum and
reimbursable expenses shall be paid to Consultant in arrears. The Consultant shall submit monthly
invoices to the Airport for services rendered and pre-approved reimbursable expenses incurred in the
preceding month along with copies of related expense receipts, which will be due 30 days following
receipt by the Airport.
The Airport shall not be required to make payment for disputed or deficient services, or for disputes
reimbursable expenses pending resolution of such disputes and correction of any deficiencies in
Consultant’s services.
ARTICLE 4: CONTRACT DOCUMENTS:
The following documents form the Contract and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein:
Page 2 of 5
1.This Agreement
2.Amendments, or other changes mutually agreed upon between the parties.
3.All attachments to the Agreement: Attachment A (scope of services); Attachment B (Fees and
Costs); and Attachment C (Additional Terms and Conditions).
In the event of conflicting provisions, those provisions (or the interpretation of such provisions) most
favorable to the Airport shall govern, as reasonably determined by the Airport.
ARTICLE 5: CONTRACT TERMINATION:
The Airport may suspend or terminate this Agreement by providing the Consultant with ten (10) days
written notice for the reasons outlined as follows:
1.Failure of the Consultant for any reason, to fulfill in a timely and proper manner its obligations
under this Agreement.
2.Violation of any of the provisions of this Agreement by the Consultant.
3.AdeterminationbytheAirportthattheConsultanthasengagedinfraud,waste,mismanagement,
misuse of funds, or criminal activity with any funds provided by this Agreement.
4.Violation of any applicable law or regulation by the Consultant in the performance of its services
or in connection with this Agreement.
Either party may terminate this Agreement at any time for convenience by providing the other party
written notice specifying therein thetermination datewhich shall be no sooner than thirty (30) daysfrom
the issuance of said notice. Upon receipt of termination from the Airport, the Consultant shall cease to
incur additionalexpensesin connection with the Agreement. Upon suchtermination, the Consultantshall
be entitled to compensation for all work satisfactorily and properly completed prior to the termination
date as determined by the Airport. Such payment shall not exceed the fair value of the services provided
by Consultant.
ARTICLE 6: INDEMNIFICATION:
The Consultant shall defend, indemnify and hold harmless the Airport and its officers, agents, and all
employees from and against claims arising directly or indirectly from the contract. Consultant shall be
solely responsible for all local taxes or contributions imposed or required under the Social Security,
Workers’ Compensation, and other income tax laws. Further, the Consultant shall defend, indemnify and
hold harmless the Airport with respect to any damages, expenses, or claims arising from or in connection
with any of the work performed or to be performed under this Agreement. This shall not be construed as
a limitation of the Consultant’s liability under the Agreement or as otherwise provided by law. This
provision shall survive the expiration and earlier termination of this Agreement.
ARTICLE 7: AVAILABILITY OF FUNDS:
The compensation,assetforth inthisAgreement, issubjectto theavailability and appropriationof funds.
ARTICLE 8: APPLICABLE LAW:
The Consultant agrees to comply with all applicable local, state and federal laws, regulations and orders
relating to the completion of the Agreement. This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of Massachusetts. Any litigation arising hereunder shall
be brought solely in state court located in Nantucket County.
Page 3 of 5
ARTICLE 9: ASSIGNMENT:
The Consultant shall not make any assignment of this Agreement or any of its rights and obligations
hereunder without the prior written approval of the Airport.
ARTICLE 10: AMENDMENTS:
All amendments or any changes to the provisions specified in this Agreement can only occur when
mutually agreed upon by the Airport and Consultant. Further, such amendments or changes shall be in
writingandsignedbyofficialswithauthoritytobindtheAirport.Noamendmentorchangetothecontract
provisions shall be made until after the written execution of the amendment or change to the Contract
by both parties.
ARTICLE 11: INDEPENDENT CONSULTANT:
The Consultant acknowledges and agrees that it is acting as an independent Consultant for all work and
services rendered pursuant to this Agreement and shall not be considered an employee or agent of the
Airport for any purpose.
ARTICLE 12: INSURANCE:
The Consultant shall be responsible to the Airport or any third party for any property damage or bodily
injury caused by it, any of its sub-Consultants, employees or agents in the performance of, or as a result
of,thework underthis Agreement.The Consultantand any sub-Consultants usedherebycertifythatthey
are insured for workers’ compensation, property damage, personal and product liability. The Consultant
and any sub-Consultant is uses shall purchase, furnish copies of, and maintain in full force insurance
policies in the amounts here indicated.
General Liability
Bodily Injury Liability:$1,000,000 per occurrence
Property Damage Liability: $ 50,000 per occurrence
(or combined single limit)$1,000,000 per occurrence
Workers’ Compensation Insurance
Coverage for all employees in accordance with Massachusetts General Laws
Professional Liability Insurance
Minimum Coverage $1,000,000 per occurrence
Prior to commencement of any work under this Agreement, the Consultant shall provide the Airport with
Certificates of Insurance which include the Town of Nantucket/Nantucket Memorial Airport as an
additionalnamedinsuredandwhichincludeathirtydaynoticeofcancellationtotheAirport. Ifrequested,
Consultant shall also provide copies of the insurance policies maintained by Consultant hereunder
together with the endorsements thereto adding the Town as an additional insured as required herein.
Page 4 of 5
ARTICLE 13: SEVERABILITY:
If any term or condition of this Agreement or any application thereof shall to any extent be held invalid,
illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of
the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one
or both parties would be substantially or materially prejudiced.
ARTICLE 14: ENTIRE AGREEMENT:
This Agreement, including all documents incorporated herein by reference, including Independent
Contractor recitals, Attachment C, constitutes the entire agreement between the parties with respect to
the matters described. This Agreement supersedes all prior agreements, negotiations and
representations, either written or oral, and it shall not be modified or amended except by a written
document executed by the parties hereto.
ARTICLE 15: COUNTERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be deeded to be a
counterpart original.
Page 5 of 5
CERTIFICATION AS TO PAYMENT OF STATE TAXES
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I the
undersigned, authorized signatory for the Consultant do hereby certify under the pains and
penalties of perjury that said Consultant has complied with all laws of the Commonwealth of
Massachusetts relating to taxes, reporting of employees and Consultants, and withholding and
remitting child support.
____________________________
Social Security Number or Signature of Individual or
Federal Identification Number Corporate Name
By:
Corporate Officer
(if applicable)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CONSULTANT
By
____________________________________
____________________________________
Printed Name and Title
NANTUCKET MEMORIAL AIRPORT
by its AIRPORT COMMISSION
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
ATTACHMENT A
Scope of Work – Lisa Balkunas-Kelly, individually and Airport Media Solutions, LLC
Project Scope
Toassistthe N antu cketM emorialA irportC ommissionwiththe TerminalA dvertisingP rogram &
Transitioninthe N antu cketM emorialA irportterminaland otherproperties.
The N antu cketM emorialA irportC ommissionpresentlyhasanadvertisingprogram whichconsistsofsix
(6)insetdu radisplaycasesand eleven(11)literatu re rackscu stomers.Thisscope istoprovide
advertisingservicestoassistinsellingthe cu rrentlocationstopotentialadvertisingclients,withafocu s
ondefiningthe new advertisinglocationsand secu ringnew advertisingclientsforthe N antu cket
M emorialA irportC ommission’sterminaladvertisingprogram while atthe same time ensu ringaseamless
transitionprocessforcu rrentadvertisingcu stomers.The proposed specific tasksinclu de the following:
Tasks
1.W orkwithstafftodevelopanew in-hou se N antu cketM emorialA irportadvertisingprogram which
inclu desnew advertisingdesigns,displaysand locations,new N antu cketM emorialA irportadvertising
contracts,floorplans,rate cards,spec sheetsand revenu e reports.D evelopasystem ofsalestoolsand
lead liststoexpand the N antu cketM emorialA irportprogram withnew advertisersand sponsors.
Establishrelationshipswithlocalprodu ctionhou se vendors,equ ipmentvendorsand specialtydisplay
vendors.
2.W orkwithstafftodefine new advertisingsalesand marketingstrategies.D evelopand facilitate
mu ltiple marketingsaleseventswithN antu cketM emorialA irportstaff,and withcu rrentand new
potentialadvertisersand sponsorstoensu re maximu m participationinanew advertisingprogram with
cu rrentand new advertisingclients.A ssiststaffinsettingspecific goals,requ irementsand prioritiesasit
relatestothe N antu cketM emorialA irport’sadvertisingprogram.
3.A ssistN antu cketM emorialA irport’sstaffwithdevelopmentand placementofadvertisinglocationsfor
advertiser’sdisplaysdu ringtransitionphase.A ssiststaffwiththe relocationofadvertiserstonew
locations.
4.A ssistthe N antu cketM emorialA irportwithdeveloping,expandingand maintainingthe new N antu cket
M emorialA irportadvertisingprogram du ringthe contractu alterm,orasthe N antu cketM emorialA irport
C ommissionwou ld need services.Evalu ate new displayopportu nitiesthrou ghnew technology,
mu ltimediadisplays,specialtydisplaylocations,and spatialadvertisingdisplays.D evelopareasfor
u niqu e localbu sinessestofitau niqu e localflavor.The C onsu ltantswillalsoevalu ate and develop
showcase opportu nitiesforlarge corporate participants.A ssessnationaladvertisingclientopportu nities.
P rovide ongoingadvisoryservicesasneeded bythe N antu cketM emorialA irportC ommission.
5.O therrelated servicesu ponrequ est.
Establishbaseline and design/developmentofconceptsfornew A C K advertisingprogram.D evelop
transitionplanforexistingadvertisersand execu te the planfornew advertisingdisplays.
A ssess,qu alifyand qu antifyexistingadvertisinginventory
D etermine need forcapitalu pgrades/improvementstoinclu de infiscalbu dget
A ssess,qu alifyand qu antifyexistingadvertisingclientsand clientcontracts
P ropose and define new and cu rrentadvertisingand sponsorshiplocations
Researchallaspectsofnew displaytypeswithmu ltiple produ ctionvendors
P ropose and define new displaytypespercu rrentand new potentialadvertisinglocations
D evelopconceptsand marketingmaterialstolau nchnew displaydesignsforcu rrentand new
potentialadvertisers
D evelopand propose new advertisingprogram ratesforcu rrentand new potentialadvertisers
D evelopnew clientadvertisingcontracts
D evelopnew fu llmediakitpackages,rate cards,specificationsheets,floorplans
D evelopsalesand marketingstrategyfortransitionofcu rrentadvertisingclients
D evelopsalesand marketingstrategyforlau nchofnew advertisingshowcase fornew potential
clients,produ ctionvendors,specificationsforA C K marketingstaffand installationpersonstaffat
A C K
Strategize forinitialsalesblitzforcu rrentclientstohave face toface meetingsatthe terminal
bu ildingforindividu alwalkthru and new advertisinglocationselection
SetsalesblitzmeetingwithA C K staffand potentialnew advertisersand sponsorsonand offsite
C old callinginitiativesfornew potentialadvertisers
Finalize execu tionforinstallationplan,artworkplan,revenu e/rate stru ctu re,ongoingsalesblitzplan,
targetincreased revenu e and salesou treachfornew cu stomersand partners.C ontinu e withnew
installations.
D evelopnew revenu e reportingdocu ments/fu nctions
D evelopartworkcoordinationplan/timeline tocoordinate withcu rrentand new clients
A ssesssimilarand regionalairportmarketadvertisingconceptsand advertisingprograms
A nalyze passengertraffic asitrelatestoairportadvertisingratesatsimilarregionalmarkets
D eveloppreferred paymentprocessingforadvertisingclients
A ssessopportu nitiestoleverage commu nityrelationshipstobu ild atru e commu nityshowcase of
clientsinthe new A C K A irportadvertisingprogram
C oordinate Installationofnew advertisingdisplayequ ipment
C oordinate Installationofallnew advertisingclientsartwork
C ontinu e withongoingsalesblitzmeetingsonsite atthe terminalbu ildingtohave face toface
meetingsforindividu alwalkthru and new advertisinglocationselection
C ontinu e topromote ou treachtocommu nitypartnersfornew potentialadvertisingclients
Review differentmethodologywithA C K Staffrelated toperu singand approachingdifferent
categoriesofpotentialadvertisers,i.e.SeasonalA dvertisers,C ommu nityP romotionalP artners,
Universitiesand C olleges,M anu factu rers,H ospitalsand M edicalFacilities,RealEstate
C ompanies,H otelsand Restau rants,etc…
Expand/explore clientbase withinand ou tside ofimmediate area.N ew salesprogram infu llswing.
M aximize salesrevenu e togearu pfornextseason.
C ontinu e monitoringnew program foroptimizationand opportu nities
C ontinu e artworkcoordinationwithallnew clientstobe posted forfu llseasonoptimization
O u treachtoadvertisingcontactsinotherregionalairportadvertisingprogramsforpotential
participationinthe A C K program
A nalyze the marketforpotentialnationaladvertisingclients
C ontactand send mediakitstonationaladvertisingagenciesforpotentialclientparticipation
C ontinu e todevelopallsalesand advertisingpotential
C ontinu e withongoingmarketblitzand salescalls
C ontinu e promotingthe new A C K advertisingprogram inand ou tside ofthe commu nitythrou gh
bu ildingand fosteringexistingcommu nityrelationshipsand exploringnew potentiallongterm
sponsorshipsand partnerships
AT T ACHM EN T B
FeesandCosts
Retainer Fee - monthly retainer fee of $2,000.00 allows for forty (40) work hours.
Any hours above the monthly allotted hours will be billed at an hourly rate of $50.00 per hour.
Consultants will assist Nantucket Memorial Airport Commission Marketing Representatives on new
business calls as a trainer, and therefore not eligible to receive commissions based on sales or contracts
signed. Approved expenses will be billed separately at the end of each month.
Additional costs for other services not defined in the Agreement would be pre-approved by the
Nantucket Memorial Airport Commission prior to incurring said costs, and then billed at the end of each
month.
Typical expense would include:
a.Travel expenses related to airport site visits and on site airport client meetings
b.Client meeting expenses, if necessary
c.Outside marketing collateral
AT T ACHM EN T C
LisaBalkunas-Kelly,individually, and AirportM ediaS olutions,LLC,a Georgia limited liability company,
are hereinafter referred collectively as “Consultants”, located at 210 W .LowerFactorsW alk,S avannah,
GA 31401.
R ECIT ALS
The Consultants are engaged in providing aviation/airport related advertising businessservices.
Consultants represent that they have complied with all Federal, State, and local laws regarding business
permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal
requirements of any kind that may be required to carry out said business and the Scope of Work which is
to be performed by Consultants pursuant to this Agreement. Consultants are or remain open to
conducting similar tasks or activities for entities other than the Nantucket Memorial Airport Commission,
and hold themselves out to the public to be separate business entities.
The Nantucket Memorial Airport Commission desires to engage and contract for the services of the
Consultants to perform certain tasks as set forth in Attachment A. The Consultants desire to enter into
this Agreement and perform as Consultants for the Nantucket Memorial Airport Commission, and are
willing to do so on the terms and conditions set forth in the Agreement.
N O W ,T HER EFO R E,in consideration of the above recitals and the mutual promises and conditions
contained in the Agreement, the parties agree as follows:
S T AT U S O FCO N S U LT AN T S
1. The Agreement does not constitute a hiring by either party. It is the parties intention that Consultants
shall have independent contractor status and not be employees of the Nantucket Memorial Airport
Commission for any purposes, including, but not limited to, the application of the Federal Insurance
ContributionAct,theSocialSecurityAct,theFederalUnemploymentTaxAct,theprovisionsoftheInternal
Revenue Code, the State Revenue and Taxation Code relating to income tax withholding at the source of
income, the Workers’ Compensation Insurance Code 401 (k) and other benefit payments and third party
liability claims. Consultants shall retain sole and absolute discretion in the manner and means of carrying
out their activities and responsibilities under this Agreement. The Agreement shall not be considered or
construedto beapartnership or jointventure,and the NantucketMemorial AirportCommission shall not
be liable for any obligations incurred by the Consultants unless specifically authorized in writing.
Consultants shall not act as an agent of the Nantucket Memorial Airport Commission, ostensibly or
otherwise, nor bind the Nantucket Memorial Airport Commission in any manner, unless specifically
authorized to do so in writing.
2. Consultants agree to provide the services as outlined in Attachment A (Scope of Work).
3. Consultants shall not be entitled to engage in any activities which are not expressly set for the by the
Agreement.
4. The books and records to the Scope of Work set forth in the Agreement shall be maintained by the
Consultants at the Consultants principal place of business, and open to inspection by the Nantucket
Memorial Airport Commission during regular working hours. All documents for work performed by the
Consultants under the Agreement are the property of the Nantucket Memorial Airport Commission, and
such documents shall be transferred to the NantucketMemorial Airport Commission periodically or upon
request. Documents to which the Nantucket Memorial Airport Commission will be entitled to inspect
include, but are notlimitedto,anyand allcontractdocuments; changeorders/purchaseorders,andwork
authorized by the Consultants or the Nantucket Memorial Airport Commission under this Agreement.
5.TheConsultantsshallberesponsibletotheNantucketMemorialAirportCommission’sAirportManager,
but they will not be required to follow or establish a regular or daily work schedule. The Consultants shall
supply all necessary equipment, materials and supplies required to perform their services. The
Consultants will not rely on the equipment or offices of the Nantucket Memorial Airport Commission for
completion of tasks and duties set forth pursuant to this Agreement. The Nantucket Memorial Airport
Commissionshall,however,provideaworklocationwithintheNantucketMemorialAirportCommission’s
primary offices for use by the Consultants when needed. The Nantucket Memorial Airport Commission
retains the right to inspect, stop, or alter the work of Consultants to assure its conformity of this
Agreement.
CO M P EN SAT IO N
6. The Consultants shall be entitled to compensation as outlined in Attachment B.
7. Such compensation shall be paid in accordance with Article 3.
N O T ICECO N CER N IN G W IT HO LDIN G O FT AX ES
8. The Consultants recognize and understand that theywill receive an IRS 1099 statement and related tax
statements, and will be required to file corporate and/or individual tax returns and to pay taxes in
accordance with all provisions of applicable Federal and State law. Consultants hereby promise and agree
to indemnify the Nantucket Memorial Airport Commission for any damages or expenses, including
attorney’s fees, and legal expenses, incurred by the Nantucket Memorial Airport Commission as a result
of the Consultants’ failure to make such required payments.
AGR EEM EN T T O W AIVER IGHT S T O BEN EFIT S
9. The Consultants hereby waive and forego the right to receive any benefits given by the Nantucket
Memorial Airport Commission to its regular employees, including, but not limited to, health benefits,
vacation and sick leave benefits, profit sharing plans, such as 401(k) plans. This waiver is applicable to all
non-salarybenefitswhichmightotherwisebefoundtoaccruetotheConsultantsbyvirtueoftheirservices
totheNantucketMemorialAirportCommission,andiseffectivefortheentiredurationofthisAgreement.
This waiver is effective independently of Consultants’ employment status as adjudged for taxation
purposes or for any other purpose.
T ER M
10.T hisAgreementshallbeeffectiveforeight(8)months,beginningonM ay1,2017andexpiringon
December31,2017.
N O N -DIS CLO S U R EO FT R ADES ECR ET S,CU ST O M ER LIS T S AN D O T HER P R O P R IET AR T YIN FO R M AT IO N
11. Consultants agree not to disclose or communicate, in any manner, either during or after the term of
this Agreement, proprietary information about the Nantucket Memorial Airport Commission, its
operations, clientele, or any other proprietary information, that relate to the business of the Nantucket
Memorial Airport Commission, including, but not limited to, the names of its customers, its marketing
strategies, operations, or any other information of any kind which would be deemed confidential, a trade
secret, a customer list, or other form of proprietary information of the Nantucket Memorial Airport
Commission. Consultants acknowledge that the above information is material and confidential, and that
it affects the profitability of the Nantucket Memorial Airport Commission. Consultants understand that
any breach of this provision, or that of any other Confidentiality and Non-Disclosure Agreement, is a
material breach of this Agreement. To the extent the Consultants feel they need to disclose confidential
information, they may do so only after obtaining written authorization from the Nantucket Memorial
Airport’s Manager.
N O N -S O LICIT AT IO N CO VEN AN T
12. The Consultants shall not, during the Agreement, and for a period of one (1) year immediately
following termination of this Agreement, either directly or indirectly, call on, solicit, or take away, or
attempttocallon,solicit,ortakeaway,anyofthecustomersorclientsoftheNantucketMemorialAirport
Commission on whom Consultants called or became acquainted with during the term of the Agreement,
either for their own benefit, or for the benefit of any other person, firm, corporation or organization.
N O N -R ECR U IT CO VEN AN T
13. Consultants shall not, during this Agreement and for a period of one (1) year immediately following
terminationofthisAgreement,eitherdirectlyorindirectly,recruitanyoftheNantucketMemorialAirport
Commission’s employees for the purpose of any outside business.
R ET U R N O FP R O P ER T Y
14.OnterminationofthisAgreement,orwheneverrequestedbytheparties,eachpartyshallimmediately
deliver to the other party all property in its possession, or under its care and control, belonging to the
other party to them, including but not limited to, proprietary information, customer lists, trade secrets,
intellectual property, computers, equipment, tools, documents, plans, recordings, software, and all
related records or accounting ledgers.
EX P EN S EACCO U N T S
15. The Consultants and the Nantucket Memorial Airport Commission agree to maintain separate
accounts in regards to all expenses related to performing the Scope of Work. The Consultants are solely
responsible for payment of expenses incurred pursuant to this Agreement unless provided otherwise in
writing by the Nantucket Memorial Airport’s Manager. The Consultants agree to execute and deliver any
agreements and documents prepared by the Nantucket Memorial Airport Commission and to do allother
lawful acts required to establish, document, and protect such rights.
W O R KS FO R HIR E
16. The Consultants agree that the Scope of Work, all tasks, duties, results, inventions and intellectual
property developed or performed pursuant to this Agreement are considered “works for hire”, and that
the results of said work are by virtue of this Agreement assigned to the Nantucket Memorial Airport
Commission and shall be the sole property of the Nantucket Memorial Airport Commission for all
purposes, including, but not limited to,copyright, trademark, servicemark, patent, and trade secret laws.
LEGAL CO M P LIAN CE
17. The Consultants are encouraged to treat all Nantucket Memorial Airport Commission employees,
customers, clients, business partners and other affiliates with respect and responsibility. The Consultants
are required to comply with all laws, ethical codes and Nantucket Memorial Airport Commission policies,
procedures, rulesor regulations, including those forbidding sexual harassment, discrimination, and unfair
business practices.
LICEN S IN G,W O R KER S ’ CO M P EN S AT IO N AN D GEN ER AL LIABILIT YIN S U R AN CE
18. The Consultants agreeto immediately supplythe NantucketMemorial AirportCommissionwith proof
of any licensing status required to perform the Scope of Work pursuant to this Agreement, Workers’
Compensation Coverage, and General Liability Insurance.
P ER S O N S HIR ED BYCO N SU LT AN T S
19.AllpersonshiredbytheConsultantstoassistinperformingthetasksanddutiesnecessarytocomplete
the ScopeofWorkshall bethe employeesoftheConsultants, unlessspecifically indicatedotherwise inan
agreement signed by all parties. The Consultants shall immediately provide proof of Workers’
Compensation insurance and General Liability insurance covering said employees.
N O T ICES
20.Anynoticetobegivenhereunderbyanypartytotheothermaybeaffectedeitherbypersonaldelivery
in writing, or by main, registered or certified, postage pre-paid with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this
Agreement,buteachpartymaychangetheiraddressbywrittennoticeinaccordancewiththisparagraph.
Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be
deemed communicated as of five (5) days after mailing. The Consultants agree to keep the Nantucket
Memorial Airport Commission current as to their business and mailing addresses, as well as telephone,
facsimile, e-mail and pager numbers.
Nantucket Memorial Airport
2017 Advertising Rates
Locations Annual Rate 6 Month Rate
Inset Product Display Cases
Summer Arrivals / Overflow seating $2,400.00 $1,950.00
Air Taxi Arrivals and Departures $3,600.00 $3,000.00
LCD Digital Display Monitors
Full terminal Package $5,400.00 $4,200.00
Vehicle Wrap Annual Rate 6 Month Rate
Per Entire Vehicle $7,200.00 $5,700.00
Literature Racks Annual Rate Annual Rate
Per Location x Air Taxi / FBO Summer Arrivals
Small Single Rack- Under 8.5 x 11 $540.00 $270.00
Medium Single Rack Under 9 X 12 $600.00 $300.00
Large Single Rack- Over 9 X 12 $660.00 $330.00
Brochure Rack individual Case- Annual Rate
Summer Arrivals
(6 Months)
No larger than 2 x 4 $1,800.00 $900.00
JetBlue Airways
John F. Kennedy Int’l Airport
Building 81, Jamaica, N.Y. 11430
Tel: (718) 751-8261 Fax: (718) 751-8231
PRESTON HARIMON
NANTUCKET MEMORIAL AIRPORT
14 AIRPORT ROAD
NANTUCKET, MA, 02554
06/01/2017
Ref: Audit # 2017-E7248 & 7249 – NANTUCKET MEMORIAL AIRPORT
FUEL STORAGE & FIP - ACK
Dear Mr. Harimon,
On behalf of JetBlue Airways Quality Assurance I want to thank you and your
associates at Nantucket Memorial Airport for the courtesy extended to me during my
audit of your Fuel Storage Facility and Fuel into Plane Operations at ACK.
My compliments to the staff of Nantucket Memorial Airport, FBO The audit revealed that
it is a well organized company, with good facilities and an experienced staff of
personnel. There were no audit findings as a result of my visit.
The quality of the facility and its organization is to be commended. All of the areas
reviewed were found to be acceptable to JetBlue Airways Fueling Manual Policies /
Procedures and the ATA 103 Fuel Quality Standard.
Nantucket Memorial Airport FBO continues to be accepted as an approved Fuel
Storage vendor and Fuel into Plane business partner for JetBlue Airways.
Should you need additional information, please do not hesitate to contact me at the
JetBlue Quality Assurance department. Phone: (718) 751-8216 or email:
kevin.luff@jetblue.com.
Best Regards,
Kevin Luff
JetBlue Airways
Quality Assurance