AGREEMENT TO PROVIDE FLIGHT TRAINING AIRCRAFT

THIS AGREEMENT, made and entered into this 1stday of August, 2017, byandbetweenTREASURE VALLEY COMMUNITY COLLEGE,hereinafterreferredtoasthe“TVCC,”and XXX, an XXXX(type of company), hereinafter referred to as the“CONTRACTOR.”

WITNESSETH:

WHEREAS, TVCC has initiated within its Career and Technical Education Division an Associate of Applied Science degree program in Aviation Technology – Airplane, which will be available to the students of TVCC.

WHEREAS, the CONTRACTOR owns or possesses aircraftnecessary for use in the TVCC aviation program;

NOW THEREFORE, for and in consideration of the mutual covenants herein contained the parties agree, as follows:

  1. The CONTRACTOR shallprovide the following aircraft:

See Exhibit “A” attached hereto.

  1. CONTRACTOR shall exclusively lease to TVCC the Cessnas and sailplanes and shall lease on an as needed basis one tow plane withtail tow hook assembly for the term of this lease. This Lease shall be for a period of two (2) years with an option to extend for one (1) year beginning on August 1, 2017.
  2. TVCC shall pay CONTRACTOR the following hourly rates. TVCC guarantees that it shall pay no less than twenty (20) hours each month for each Cessna, two hundred (200) hours total each year for all gliders and two hundred (200) hours each year for the tow plane, irrespective of actual use. CONTRACTOR shall bill TVCC with an itemized bill no later than the 15th of each month for the preceding month. Hours shall be determined by an electronic Hobbs meter for the Cessnas and Tow Plane and by daily flight logs for the sailplanes.
  3. [insert Hourly Rates here]
  4. CONTRACTOR shall provide airworthy aircraft at all times.
  5. CONTRACTOR is responsible for all maintenance, upkeep and repairs for the aircraft and tow hook assembly. It is contractor’s responsibility to ensure the aircraft meets all requirements and specifications, including but not limited to, required equipment and safety specifications, as set forth in federal law and state law.Contractor, at its own cost and expense, shall service, repair, maintain and overhaul, test or cause the same to be done to the Aircraft during the term of this Agreement (i) to keep the Aircraft in good operating condition and appearance and (ii) to keep the Aircraft in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under all applicable governmental rules and regulations. Contractor shall maintain all records, logs and other materials required by the United States Department of Transportation and/or the Federal Aviation Administration to be maintained in respect to the Aircraft and shall promptly furnish to TVCC, upon TVCC’s request, such information as may be required to enable TVCC to file any reports required to be filed with any governmental authority because of TVCC’s interest in the Aircraft. TVCC shall not be under any liability or obligation in any manner to provide services, maintenance, repairs, or parts for the Aircraft.
  6. Contractor shall, at its own expense, shall make alterations and modifications in and additions to the Aircraft as may be required to be made from time to time during the term of this Agreement under any applicable law.
  7. CONTRACTOR shall prove all required documentation to the Federal Aviation Administration (FAA), manufacturer, Internal Revenue Service (IRS) and the State of Oregon. In addition, CONTRACTOR shall provide TVCC with a monthly usage log and a monthly maintenance log. The logs shall be provided directly to the TVCCAirplane Program Coordinator, or his designee.
  8. CONTRACTOR shall have all necessary licenses including, but not necessarily limited to, any licenses required by state or federal law to own, operate and/or maintain aircraft and any license required to conduct business in the State of Oregon.
  9. This contract or any part hereof shall not be assigned, sublet, or transferred directly or indirectly without prior written consent of the College’s Vice President ofAdministration Services and the President.
  10. A written contract and any modifications or addenda thereto,executed in writing by both parties constitutes the entire agreement of the parties to the contract. All previous communications between the parties, whether oral or written, withreference to the subject matter of this contract are void and superseded. The resulting contract may be amended at a future date in writing by mutual agreement of theparties.
  11. Treasure Valley Community College may terminate the contract upon sixty (60) days written notice, with or without cause. TVCC may cancel the contract immediately if the aircraft becomes unavailable or unairworthy. The vendor may cancel the contract upon 180 days written notice, with or without cause. Inadequate service or failure to adhere to the covenants of any offering may be cause for cancellation of the contract. The College, through its designated agents and representatives, will be the sole determining judge of whether services rendered under the contract satisfy the requirements as identified in the contract document.
  12. The CONTRACTOR hereby releases TVCC, its officers, agents, servants, and employees from any and all claims and liabilities of any type whatsoever for damage to, loss of, or destruction of any property of the CONTRACTOR, its officers, or other party, and for the injury to or death of any person, firm, corporation, or other party, and for injury to or death of any students furnished by TVCC, and of any person or persons which may now or hereafter arise out of or result from or be in any way connected, directly or indirectly, with said training or the operation of the aircraft here under or performance of this agreement.
  13. The CONTRACTOR further agrees to indemnify and save harmless TVCC, its officers, agents, and employees, from and against any and all claims and liabilities of any type whatsoever and for damage to, loss of, or destruction of any property of a person (including, but not limited to, Contractor’s officers, agents, servants, and employees), firm, corporation and/or other party, and for injury to or death of any person or persons(including, but not limited to, the TVCC students and Contractor’s officers, agents, servants, and employees) which may arise out of or result from or be in any way connected, directly or indirectly, with the performance of this agreement. This indemnity agreement shall extend also to any expense incurred by the TVCCin the connection with the defense of any such claims contemplated herein.
  14. TVCC hereby releases the CONTRACTOR, its officers, agents, servants, and employees from any and all claims and liabilities of any type whatsoever for damage to, loss of, or destruction of any property of the TVCC, its officers, agents or assigns, and for the injury to or death of any person, firm, corporation, or other party, and for injury to or death of any students furnished by TVCC, for any intentional or negligent act of TVCC, its officers, agents or assigns.
  15. The CONTRACTOR agrees to provide the following insurance coverage:
  16. In connection with the operation of aircraft and the performance of this contract (or the flight checking of trainees hereunder by the employees or representatives of governmental agencies), the CONTRACTOR engaged to provide the flight training shall procure and maintain at all times during the performance of service under this contract Aircraft Public Liability Insurance including coverage of liability to passengers against bodily injury and property damage. Such insurance shall be procured and maintained in limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence per claim and Three Million Dollars ($3,000,000.00) aggregate. The CONTRACTOR shall also provide premises liability insurance in an amount not less than One Million Dollars ($1,000,000.00) combined singlelimit per occurrence per claim and Three Million Dollars ($3,000,000.00) aggregate. This required insurance coverage shall be carried under the terms and conditions which shall protect the CONTRACTOR, the student trainee,andTVCC,itsagents,servants,andemployees.
  17. Eachinsurancepolicyevidencingthisrequiredinsuranceshallbearappropriate endorsements whereby the insurance carrier waives any rights of subrogation againsttheTVCCbyreasonofanypaymentundersuchpolicy, and such policy shall further provide that the TVCCwill be given thirty (30) days prior notice before cancellation of such policy or reductionofcoveragethereundercanbeeffective.
  18. The CONTRACTOR shall, prior to initiation of flight instruction under this contract, submit to the TVCCor its duly authorized representative, (1) a certified copy of the insurance policy actually procured and maintained, and (2) an insurance certificate issued by the insurance carrier certifyingtotheexistenceoftherequiredinsurancecoverageinconformitywith this clause. This insurance documentation shall show the period of coverage to beatleastforthelengthofthecontractperiod.
  19. This contract entered into as a result of this RFP shall be governedand interpreted under the laws of the State ofOregon.
  20. The College and the Facility shall be considered independent contractors to one another. This agreement shall not create a partnership, joint venture, or association between the College, any of its students, and the Facility.
  21. Neither party to this agreement shall discriminate pursuant to Title VI of the Civil Rights Act of 1964 with respect to race, age, sex, color, creed, or national origin; Title IX of the Educational Amendments of 1972; and relevant provisions of the Americans with Disabilities Act.
  22. This agreement represents the complete understanding between the College and the CONTRACTOR. It shall supersede prior oral or written understandings and promises relating to this subject matter.
  23. IN WITNESS THEREOF, the parties hereto have affixed their signatures by virtue of the authority vested in each of them by the respective representatives of each of the parties in the Letter of Agreement between TREASURE VALLEY COMMUNITY COLLEGE andCONTRACTOR.

Treasure Valley Community College
Sign:______
Sign:______
Date: ______/ CONTRACTOR
ATTN:
Sign: ______
Name:______
Authorized Agent
Date: ______

EXHIBIT “A”

It is requested that the TVCC provide a quote, availability and current maintenance schedule for the following aircraft:

ITEM 1

Two (2) Cessna 172 Models shall be for the exclusive use of TVCC as follows:

  • Cessna 172N; 172P; 172R
  • Manufacture Year 1981 or newer.
  • Crew:one
  • Capacity:three passengers
  • Length:27ft 2in
  • Wingspan:36ft 1in
  • Height:8ft 11in
  • Wing area:174sqft
  • Empty weight:1,691lb
  • Gross weight:2,450lb
  • Fuel capacity:56 - 66 US gallons
  • Powerplant:Lycoming IO-360-L2A; IO-320- D2J; O360-A4N; four cylinder, horizontally opposed aircraft engine,
  • Propellers:2-bladed metal Performance
  • Cruise speed:122kn (140mph)
  • Stall speed:47kn (54mph) (power off, flaps down)
  • Never exceed speed:163kn (188mph) (IAS)
  • Range:696nmi (801mi) with 45 minute reserve, 55% power, at 12,000 ft
  • Service ceiling:13,500ft
  • Rate of climb:721ft/min
  • Wing loading:14.1lb/sqft

Equipment Required:

Meet requirement of FAR Sec. 91.205 — Powered civil aircraft with standard category U.S. airworthiness certificates: and Additional Instrument and equipment requirements as listed below.

Visual-flight rules (day).For VFR flight during the day, the following instruments and equipment are required:

(1) Airspeed indicator.

(2) Altimeter.

(3) Magnetic direction indicator.

(4) Tachometer for each engine.

(5) Oil pressure gauge for each engine using pressure system.

(6) Temperature gauge for each liquid-cooled engine.

(7) Oil temperature gauge for each air-cooled engine.

(8) Manifold pressure gauge for each altitude engine.

(9) Fuel gauge indicating the quantity of fuel in each tank.

(10) Landing gear position indicator, if the aircraft has a retractable landing gear.

(11) An approved aviation red or aviation white anti-collision light system.

(12) An approved safety belt with an approved metal-to-metal latching device for each seat position. (4 total)

(14) An approved shoulder harness for each front seat.

(15) An emergency locator transmitter.

Visual flight rules (night).For VFR flight at night, the following instruments and equipment are required:

(1) Instruments and equipment specified in paragraph (b) of this section.

(2) Approved position lights.

(3) An approved aviation red or aviation white anti-collision light system

(4) One electric landing light.

(5) An adequate source of electrical energy for all installed electrical and radio equipment.

(6) One spare set of fuses, or three spare fuses of each kind required, that are accessible to the pilot in flight.

Additional Equipment required:

(1) Two-way radio communication and navigation equipment (NAV/COMM) with VOR.

(2) Gyroscopic rate-of-turn indicator

(3) Slip-skid indicator.

(4) Sensitive altimeter adjustable for barometric pressure.

(5) A clock displaying hours, minutes, and seconds with a sweep-second pointer or digital presentation.

(6) Generator or alternator of adequate capacity.

(7) Gyroscopic pitch and bank indicator (artificial horizon).

(8) Gyroscopic direction indicator (directional gyro or equivalent).

(9) Panel mounted GPS

(10) CDI

(11) Panel Mounted intercom system, voice activated

(12) Panel mounted audio control

(13) Pilot and Co-Pilot Yoke PTT

(14) Wing Tip strobes

(15) Dual hinged front windows

(16) Fresh air vents

(17) Pilot and Co-pilot headphone jacks interconnected with NAV/COMM and Intercom systems

(18) Tow bar to stay with the aircraft for ground handling

General Condition:

The aircraft will present a neat and clean appearance with no dents, paint flaking or bare metal. Plexiglass windows will be free of cracks or scratches. Interior upholstery and carpet will be clean and free of tears, holes, and stains. All instruments and equipment will be in serviceable, working condition and GPS software will be up to date. Vacant panel spaces must be covered.

Engine compartment will be clean and exhibit no evidence of oil, fuel, or exhaust leaks.

ITEM 2

Two (2) each two-place Sailplanes, any models

  • The purpose for lease is to employ the training aircraft for exclusive use in the TVCC Aviation Technology – airplane pilot training program, and/or the TVCC Chukar Flying Club on a full-time, year round basis. Estimated use of the aircraft is estimated to be between 200 and 400 hours per year including approximately 800 tows per year.
  • Training aircraft known to meet the desired characteristics include the Schweizer SGS 2-33 and SGS 2-32; Schleicher KA-2; Grob G103; Blanik L-23;

General Characteristics (Minimum Performance):

  • Crew:one
  • Capacity:one passenger
  • Length:25ft 9in (7.85m)
  • Wingspan:51ft 0in (15.54m)
  • Height:9ft 3in (2.83m)
  • Wing area:219.5sqft (20.39m2)
  • Empty weight:600lb (272kg)
  • Max takeoff weight:1,041lb (472kg)
  • Configuration: tandem seating or side-by-side; dual controls suitable for instruction

Performance Requirements:

  • Stall speed:36mph; 57km/h (31kn) dual
  • Never exceed speed:98mph; 157km/h (85kn) in smooth air, rough air and aero-tow
  • Max winch-launch speed:60kn (110km/h; 69mph)
  • g limits:+4.67 -2.56
  • Maximum glide ratio:22.25:1
  • Best glide speed dual:45kn (83km/h; 52mph)
  • Rate of sink:187ft/min (0.95m/s) dual
  • Minimum sink speed:37kn (69km/h; 43mph)
  • Wing loading:4.74lb/sqft (23.14kg/m2) max

ITEM 3

One (1) tow plane, any make/model

  • The purpose for lease is to employ the training aircraft for “call-when needed” use in the TVCC Aviation Technology – airplane pilot training program, and/or the TVCC Chukar Flying Club on a year round basis. Estimated use of the aircraft is estimated to be between 200 and 400 hours per year including approximately 800 tows per year. This bid may be WITH or WITHOUT A QUALIFIED TOW PILOT.
  • One (1) tow hook assembly with STC
  • Tow equipped aircraft known to meet the desired characteristics include the Piper PA-18 Super Cub; American Champion 8GCBC Scout; Aviat A-1B Husky; Piper PA-25 Pawnee

General characteristics

  • Crew:1
  • Length:22 ft 7 in
  • Wingspan:35 ft
  • Height:6 ft 8 in
  • Wing area:178.5 sq ft
  • Empty weight:930lb(422 kg)
  • Max. takeoff weight:1,750 lb (794 kg)
  • Powerplant:minimum 150 hp(as equipped)

Performance (minimum)

  • Never exceed speed:132 knots (153 mph)
  • Maximum speed:113 knots (130 mph) at sea level
  • Cruise speed:100knots(115 mph) (75% power)
  • Stall speed:38 knots (43 mph) flaps down
  • Range:399nmi(460 mi)
  • Service ceiling:19,000 ft

OTHER REQUIREMENTS (APPLIES TO ALL ITEMS[RH1])

  1. The contractor(s) is responsible for all maintenance, upkeep and repairs for the aircraft and tail tow assembly. It is contractor’s responsibility to ensure the aircraft meets all requirements and specifications, including but not limited to, required equipment and safety specifications, as set forth in federal law and state law.
  1. Contractor, at its own cost and expense, shall service, repair, maintain and overhaul, test or cause the same to be done to the Aircraft during the term of this Agreement (i) to keep the Aircraft in good operating condition and appearance and (ii) to keep the Aircraft in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under all applicable governmental rules and regulations. Contractor shall maintain all records, logs and other materials required by the United States Department of Transportation or the Federal Aviation Administration to be maintained in respect to the Aircraft and shall promptly furnish to TVCC, upon TVCC’s request, such information as may be required to enable TVCC to file any reports required to be filed with any governmental authority because of TVCC’s interest in the Aircraft. TVCC shall not be under any liability or obligation in any manner to provide services, maintenance, repairs, or parts for the Aircraft. In addition, Contractor shall, at its own expense, shall make alterations and modifications in and additions to the Aircraft as may be required to be made from time to time during the term of this Agreement under any applicable law, regardless upon whom such requirements are, by their terms, nominally impose
  1. Acceptance of aircraft is at the sole discretion of TVCC.
  2. It is understood that a single CONTRACTOR may not have the ability to provide all aircraft. Partial fleet proposals will be considered.
  3. TVCC reserves the right to change the total number of aircraft leased, and will notify the awardee 30 days in advance of any such changes or additions.
  4. The anticipated lease term is two years with a possible extension of one year.
  5. Duration of the lease is contingent upon final approval from TVCC Administration
  6. The leased aircraft shall be available for delivery to the TVCC by August 1, 2017.

Change or Addition to Scope of Services

  1. TVCC, without invalidating the contract, may make changes by altering, adding to, or deducting from the Scope of Services at any time during the term of the contract in order to meet current TVCC needs. The Lease pricing shall be adjusted accordingly, upon mutual agreement between TVCC and Contractor. Should TVCC request additional services during the term of the Contract, an agreement to provide these services at the same price as quoted will be understood as included in the Respondent’s submission.

Quote documents should include the following