CITY OF TYLER Tyler Pounds Regional Airport 700 Skyway Blvd., Suite 201 Tyler, Texas

CITY OF TYLER Tyler Pounds Regional Airport 700 Skyway Blvd., Suite 201 Tyler, Texas 75704 903-531-9825 www.flytyr.com RFP: Bid #16-021 TAX EXEMPT LEASE PURCHASE FINANCIAL SERVICES DUE: Tuesday, May 10, 2016 at 2:00pm SUBMIT PROPOSALS TO: City of Tyler Purchasing Office Attention: Sherry Pettit 511 W. Locust, Tyler, TX 75702 Phone: (903) 531-1232

A. OVERVIEW City of Tyler, Texas ( City ) requests proposals from qualified and eligible financial institutions to provide financing services for the acquisition of equipment under a master lease agreement. Subject to the terms, conditions, provisions, and the enclosed specifications, responses to this solicitation will be received at the City of Tyler Water Utilities Administration Office, Attention: Sherry Pettit, 511 W. Locust, Tyler, TX 75702, until 2:00 p.m. Tuesday, May 10, 2016. After which, only then names of the respondents will be publicly announced. Responses received after the scheduled due date and time will be rejected. Proposals must be submitted in a sealed package marked on the outside with the Proposer s name, address, and the Bid number and Project name. This solicitation does not commit the City of Tyler to award a contract, to pay any costs incurred in the preparation of proposals submitted, or to procure or contract for the services. The City reserves the right to accept or reject or cancel in part, or in its entirety offers received as a result of this request if deemed to be in the best interest of the City to do so. B. SCHEDULE Date April 11, 2016 and April 18, 2016 April 21, 2016 Event Request for proposals documents to be advertised to prospective proposers. Pre-proposal meeting to be held at 3:00 P.M. in the conference room, Tyler Pounds Regional Airport Terminal, 2nd Floor of the West Side Terminal Building. April 28, 2016 Questions must be submitted no later than 2:00 P.M., by email or mail, to Tyler Pounds Regional Airport, 700 Skyway Blvd, Suite #201, Tyler, Texas 75704. May 10, 2016 May 13, 2016 May 16, 2016 May 25, 2016 Proposals are due at Tyler Water Utilities, Attention: Sherry Pettit, 511 W. Locust, Tyler, TX no later than 2:00 P.M. Finalist to be notified. Airport Advisory Board considers selected contract; City Council considers contract.

C. SCOPE OF WORK The City proposes to establish an agreement with a qualified and eligible financial institution to provide financing services for the acquisition of Amano McGann Parking Equipment under a master lease purchase agreement with Associated Time & Parking Controls, or another authorized vendor, as desired. The finance agreement shall be between the City and the successful Proposer (hereinafter referred to as Proposer or Lessor ). The proposed lease purchase financing project includes any one or more of the following items of property for use by the Tyler Pounds Regional Airport. The desired terms of the proposed lease purchase financing are as follows: 1. Principal Amount Of Lease-Purchase: Up to (but not to exceed) $265,000 for various parking lot equipment and machinery as listed in EXHIBIT A. The City is proposing to lease finance all of the items listed therein. 2. Tax Exempt Lease Purchase: a. This issue shall be "Bank-Qualified for taxation purposes in calendar year 2016 (as described in Section 265(b) (3) (B) of the Internal Revenue Code of 2009, as amended). b. The City shall enter into a tax-exempt lease purchase agreement with the Bank in order to provide financing for this Project. c. Type/Security: The obligation of the City to pay lease rental payments shall be subject to annual appropriations by the Tyler City Council. d. Interest Rate: The City desires fixed rate financing for these Project purchases. Please include the lease factor in addition to quoted interest rate. e. The proposal should include an indicative date for the fixed rate quote, and the period that the Bank will "hold" such rate. The City anticipates full delivery of the Project before date August 8, 2016. f. The City further requests the Bank to indicate its willingness to provide to the City the benefit of a commensurate decrease in the offered rate should market interest rates drop during the stated commitment period. 3. Lease Payments and Terms: The City is seeking proposals with annual payments in arrears for: OPTION 1. A five (5) year term for the Project, and OPTION 2. A six (6) year term for the Project ***All payments shall be computed on an annual compounding basis*** 4. Purchase Options: The City will build equity in the equipment with each lease payment and will have the option to purchase the equipment as specified herein. The City will own the equipment free and clear of Lessor s lien after the last lease payment. 3

5. Pre-payment without Penalty: The City wants a right of prepayment, upon reasonable notice to the Bank, without penalty for any loan received. Please indicate, however, whether no right of prepayment (or, right of prepayment which vests after a fixed period of time), would yield a lower interest rate quote from the Bank for the desired term quotes described above. 6. All obligations, costs and responsibilities associated with ownership of the equipment shall be borne by the City whereby dispersing of such funds will be the sole responsibility of the City. 7. The City will not pay escrow, investment or any other associated fees. 8. The City will carry insurance coverage to the full amount of equipment purchase; the Lessor WILL NOT be named as Additional Insured on the policy. The Lessor shall be named as Loss Payee on the property coverage. 9. Proposer is to provide the preferred method of closing on the Project. Indicate anticipated closing costs (if applicable) with closing method. Closing cost(s) will be considered in total financing cost calculations made by the City in award decision. D. SUBMITTALS 1. Letter of Interest; or No Response Form (EXHIBIT D ); 2. Rate Proposals (EXHIBIT B ); 3. Master Lease Agreement with option to purchase and consistent with enclosed Terms and Conditions (Section F. SPECIFIC TERMS AND CONDITIONS). 4. Documents/Certificates to evidence and carry-out transactions (i.e. representations, warranties, and indemnities which are deemed appropriate by the City and the Lessor, etc.); 5. Include name, address, telephone number; 6. Five (5) year and Six (6) year amortization schedules, with principal and interest in arrears listed separately by year; 7. Proposer shall provide sealed proposals in writing and shall indicate any bank loan fees or other special terms as a separate line item. Given the terms of the proposed borrowing, the City anticipates that the Bank shall not require separate legal counsel. Copies of the City s audited financial reports for the prior fiscal year(s) will be provided, upon request. Also, however, please feel free to call the City of Tyler to obtain additional financial information regarding the City or the Project. 4

The proposal must be delivered to the City on or before 2:00 P.M. on Tuesday, May 10, 2016 to: City of Tyler Purchasing Office Attention: Sherry Pettit 511 W. Locust, Tyler, TX 75702 Phone: (903) 531-1232 8. All responses shall be valid for a minimum period of 90 calendar days. The City anticipates awarding the financing to the qualified bidder offering the lowest cost of financing for the total Project and most advantageous terms of the lease. Any and all Proposals may be rejected by the City. Should any proposal not conform to the terms and conditions in this proposal, the proposal shall be subject to rejection as non-responsive. Any Proposal may be withdrawn by written request of the Proposer until the date and time established herein for opening of the Proposals. Any proposals not previously withdrawn, will, upon opening, constitute and irrevocable offer for 90 days (or until one or more of the Proposals have been duly accepted by the City, whichever is earlier) to provide the City the services solicited in this request for proposal. Further, the City has the right to waive minor defects or variations from the exact requirements of the specifications in a proposal which do not affect the quality or schedule of the services being procured. If insufficient information is submitted in order properly to evaluate the proposal by a proposer, the City shall have the right to require such additional information as it may deem necessary after the proposal time and date, provided that the information requested does not change the quality or schedule of the services being procured. E. INSTRUCTIONS TO BIDDERS 1. Submittal must include a letter of interest, one (1) original proposal clearly marked as original, and two (2) complete copies of the Proposer s proposal. Responses must be in a sealed container/package. For identification purposes, all containers/packages must contain the Bid number and Project name. The Individual signing the response must be an Agent legally authorized to bind the company. 2. Show bid number on the outside of mailing package. The City of Tyler assumes no responsibility for unmarked or improperly marked envelopes. 3. The Proposer must become fully aware of the City s requirements for the lease terms of the public parking facility equipment. Failure to do so will not relieve a successful proponent of its obligation to carry out the provisions of the lease agreement. The Proposer must be familiar and comply with all federal, state and local laws, ordinances, rules and regulations that affect in any manner the proposed lease. 5

The submittal of a proposal will be construed as evidence that all proposer obligations have been satisfied and no subsequent allowance will be made in this regard. 4. ADDENDA CHANGES WHILE PROPOSING No interpretation of the meaning of any part of request for proposals, nor corrections of any apparent ambiguity, inconsistency or error therein, will be made to any Proposer orally. Any request for interpretations or corrections must be made in writing to: Mr. Davis Dickson, Airport Manager Tyler Pounds Regional Airport 700 Skyway Blvd., Suite 201 Tyler, TX 75704 Any such request which is not received at least seven (7) working days before opening of proposals will not be considered. All interpretations and supplemental instructions will be in the form of written addenda to the request for proposal documents, which, if issued, will be posted via City of Tyler website and emailed to all known prospective proposers. However, it is the responsibility of each Proposer, before submitting its proposal, to contact Airport Administration to determine if any addenda have been issued and to make such addenda a part of its proposal. Proposals submitted will be considered as if the addenda had been received. Only the interpretation or correction given by the City in writing will be binding, and prospective Proposers are advised that only the City will give information concerning, or will explain or interpret the request for proposal documents. Written requests for proposal information will be accepted until 2:00 p.m., Tuesday, May 10, 2016. A non-mandatory pre-proposal meeting will be held at 3:00 p.m., Thursday, April 21, 2016, in the Airport Conference Room which is located on the second floor of the West Airport Terminal at 700 Skyway Blvd., Tyler, TX 75704. No visits will be allowed before the pre-proposal meeting. 5. PREPARATION OF PROPOSAL a. All documentation submitted with this proposal should be bound in a single volume. b. Proposals should be prepared simply and economically providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of this proposal. Emphasis should be on completeness and clarity of content and ease of locating responses to requested information. 6. DISQUALIFICATION OF PROPOSERS The City may disqualify a Proposer and reject its proposal for any of the following 6

reasons: a. Submission of more than one proposal for the same work by an individual, firm, partnership or corporation under the same or different names. If a company has more than one division, only one proposal may be submitted for the company. b. Evidence of collusion among proposers in the preparation and submittal of any proposals. c. Failure to provide the notarized form(s) required in the proposal documents in a timely manner. Minor irregularities that do not materially affect the proposal may be waived at the sole discretion of the City. 7. REJECTIONS OF IRREGULAR PROPOSALS Proposals will be considered irregular and may be rejected if they show omissions, alterations of form, additions not called for, conditions, limitations, alternate proposals or other irregularities of any kind. The City reserves the right to waive any non-conformance or irregularities of proposals, or to reject any or all proposals, in whole or in part, whenever such nonconformance or irregularities are minor and such action is deemed to be in the best interest of the City. 8. All responses shall be printed in ink or typewritten. Bids written in pencil will be disqualified. 9. NONDISCRIMINATION PROVISIONS No person in the United States shall, on the grounds of race, color, national origin, sex, creed, or disability status be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in relation to the evaluation of any submitted Proposal. The successful Proposer shall agree to abide by this nondiscrimination provision in all aspects of work performed and services rendered. 10. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT The City reserves the right to accept or reject any or all Proposals, in whole or in part. The City will be under no obligation or duty to award the Contract to the lowest proposed financing for the Project, and the City reserves the right to award the Contract to the Proposer submitting the Proposal that the City, in its sole discretion, determines will be most advantageous and beneficial to the City, with preference to local bidders as described in Section 2(6)(d), Contracts and Purchasing of the Tyler, Texas Code of Ordinances 2009, as amended. The City will be the sole judge of which Proposal will be in its best interest and its decision will be final. 7

Proposers meeting certain ranking criteria, to be determined by the City, may be required to make a presentation to the Selection Committee, consisting of both Airport and City of Tyler Representatives. Proposers must address each of the criteria requested. The City is under no obligation to contact a Proposer to obtain information required to evaluate the Proposal. Questions regarding this solicitation must be emailed to Davis Dickson, Tyler Pounds Regional Airport at ddickson@tylertexas.com no later than 2:00 p.m. on Thursday, April 28, 2016. Answers to all questions will be posted on the City of Tyler Airport webpage (http://www.cityoftyler.org/departments/airport/business/rfprfq.aspx) as addendums to this proposal. The Proposer acknowledges having fully familiarized him/herself with the information contained within this entire solicitation and applicable amendments, will need to submit EXHIBIT C with proposal. A "No Response" qualifies as a response; however, it is the responsibility of the Proposer to complete and submit EXHIBIT D if you receive solicitations that do not apply. F. SPECIFIC TERMS AND CONDITIONS 1. COMPETITION: This solicitation is intended to promote full and open competition. If any language, specifications, terms and conditions, or any combination thereof restricts or limits the requirements in this solicitation to a single source, it shall be the responsibility of the interested vendor to notify Davis Dickson at the Tyler Pounds Regional Airport in writing no later than seven (7) business days prior to the scheduled due date and time. 2. RESPONDANTS QUALIFICATION: The City reserves the right to request satisfactory evidence of Proposer s ability to furnish services in accordance with the terms and conditions listed herein. The City further reserves the right to make the final determination as to the Proposer s ability to provide said services. 3. WAIVER: The City reserves the right to waive any Instruction to Proposers, General or Special Provisions, General or Special Conditions, or specifications deviation if deemed to be in the best interest of the City. 4. RESPONSE PERIOD: All responses shall be valid for a minimum period of 90 calendar days. 5. DEVIATIONS FROM SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible therefore. Deviations must be explained in detail on a separate attached sheet(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. 8

Unidentified deviations found during the evaluation of the response may be cause for rejection. 6. DEBARMENT: By submitting a qualification package, the vendor is certifying that it is not currently debarred from responding to any request for proposals by any agency or subdivision of the State of Texas or the United States Federal Government, nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts by any agency or subdivision of the State of Texas. 7. DEFAULT: In case of default by the Proposer/Lessor, the City reserves the right to purchase any or all items in default in the open market, charging the Lessor with any excessive costs. Should such charge be assessed, no subsequent solicitation response of the defaulting Lessor will be considered in future bids until the assessed charge has been satisfied. 8. HOLD HARMLESS: All respondents to this proposal shall indemnify and hold harmless the City of Tyler Government and any of their officers and employees from all suits and claims alleged to be a result of this Request for Proposal. The issuance of this Request for Proposal constitutes only an invitation to present a proposal. The City of Tyler reserves the right to determine, at its sole discretion, whether any aspect of a Proposer s submittal meets the criteria in this request for proposals. The City of Tyler also reserves the right to seek clarifications, to negotiate with any vendor submitting a response, to reject any or all responses with or without cause, and to modify the procurement process and schedule. 9. CANCELLATION: In the event that this Request for Proposals is withdrawn or the project canceled for any reason, the City of Tyler shall have no liability to any respondent for any costs or expenses incurred in connection with this request for bids or otherwise. 10. CONTRACT AWARD: This solicitation and submitted documents, when properly accepted by the City of Tyler, shall be incorporated into an agreement equally binding between the successful Proposer and the City. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting agreement. The City shall not be legally bound by any amendment or interpretation that is not fully executed by both parties in writing. 11. CONTRACT ADMINISTRATION: Questions or problems arising after award of an agreement shall be directed to Davis Dickson at the Tyler Pounds Regional Airport Administration Office at 903-531-9825. 12. AFFIRMATIVE ACTION: The successful Proposer will take affirmative action in complying with all Federal and State requirements concerning fair employment and treatment of all employees, without regard or discrimination by reason of race, color, religion, sex, national origin or disability status. 13. GOVERNING LAW and VENUE: Any contract resulting from this request for proposals shall be 9

governed in all respects by the laws of the State of Texas and any litigation with respect thereto shall be brought in any court of competent jurisdiction in Smith County, Texas. 14. BONDS: Payment and Performance Bonds are not required for this Request for Proposals. 15. OWNERSHIP OF MATERIAL: Ownership of all data, material, and documentation originated and prepared for the City pursuant to this contract shall belong exclusively to the City. All proposals sent by mail should be sent certified mail or by courier with signature required to ensure delivery. On behalf of the City of Tyler, I thank you for your time and consideration to respond to this Request for Proposal and look forward to receipt of a proposal from your Bank. Davis Dickson, Airport Manager 700 Skyway Blvd, Suite 201 Tyler, TX 75704 Phone: (903) 531-9825 10

EXHIBIT A RFP: Bid #16-021 AMANO MCGANN PARKING EQUIPMENT LIST Part # Qty. Description Short Term Entry (Lane #1) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-2000/0S1-0000 1 OPU Series Entry Terminal O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops Short Term Entry (Lane #2) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-2000/0S1-0000 1 OPU Series Entry Terminal O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops Long Term Entry (Lane #3) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-2000/0S1-0000 1 OPU Series Entry Terminal O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops Long Term Entry (Lane #4) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-2000/0S1-0000 1 OPU Series Entry Terminal O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops Crossover (Lane #5) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops 11

Crossover (Lane #6) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-0100/1100-000 1 Lane Controllers 2X6 2 Cut in Vehicle Loops Main Exit (Lane #7 and #8) AMG-17501850 1 Amano Barrier Gate AL 12 1 12' Straight Gate Arm. Aluminum O-4700/0S1-0001 1 OPU Series Credit Card Exit Terminal O-7700/0S1-0001-A10 1 OPU Series Pay in Lane Station O-5700/1K1-000P 1 OPU Series POS Terminal O-9000/0B0 1 Barcode Ticket Reader and Validator O-0100/1100-000 2 Lane Controllers 2X6 4 Cut in Vehicle Loops Office-Software/Hardware 1 Hardware, Computers, Etc. to include the following: AMI SQL Server, AMI Application & Credit Card Server, Printer, Monitor, Switch, UPS, Firewall, Router. AMS4950IP 1 Amano McGann iparcpro "BA" Business Alerts Innovative Business Alerts (BA) allows users to preprogram reports, alarms and statistics sent to their PC or Smartphone. The Amano McGann iparcpro Internet connectivity allows management to receive pertinent Business Alerts anywhere. AMS005ULIP 1 Amano McGann iparcpro Web Client 5 Pack AMS1156IP 1 Amano McGann iparcpro Revenue Software Reports include: transaction, parking fee, general totals, attendant totals, daily revenue, ticket type, ticket revenue, revenue summary, sign/on/off, alarms, entry/exit time duration of stay, etc. AMS6958IP 2 Amano McGann iparcpro Credit Card Software Reports include: debit card activity (monthly recharge), payments, card status, card activity, last activity, alarms, user changes, entry/exit time, duration of stay. AMS7050IP 1 Amano McGann iparcpro Count/Monitor Software Reports include: count totals, count statistics, count activity, remote vend, alarms. AMS4255DIP 1 Amano McGann iparcpro Debit Access 12

Software provides multiple variable and flat rate structures. Cards can be debited based on value, uses, or time. Configuration options include debit on entry, debit on exit, once per day/once per 24 hours. limited use and more. O-0100/CONFIG 1 IO100 Configuration File 13

EXHIBIT B RFP: Bid #16-021 PROPOSAL RESPONSE FORM TAX EXEMPT LEASE PURCHASE FINANCIAL SERVICES 1. Interest Rate: 5 Year: % 6 Year: % 2. Lease Factor: 5 Year: 6 Year: 3. Annual Interest Payments: Years 1-5: $ Years 1-6: $ 4. Annual Principal Payments: Years 1-5: $ Years 1-6: $ 5. Closing Costs (if applicable) 5 Year: $ 6 Year: $ Preferred Funding Date: Proposer s Funding Date: Details: Company Name Authorized Signature 14

EXHIBIT C RFP: Bid #16-021 CERTIFICATE OF FAMILIARITY TAX EXEMPT LEASE PURCHASE FINANCIAL SERVICES The undersigned, having fully familiarized him/her with the information contained within this entire solicitation and applicable amendments, submits the attached response, and other applicable information to the City, which I verify to be true and correct to the best of my knowledge. I further certify that this response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same materials, supplies or equipment, and is in all respects, fair and without collusion or fraud. I agree to abide by all conditions set forth in this solicitation and certify that I have signature authority to bind the company listed herein. MINORITY BUSINESS: Are you a minority business? Yes ( Women-owned / Disadvantaged) If yes, please submit a copy of your certificate with your response. No Mailing Address Printed Name City, State, Zip Title Date Telephone Number Fax Number REMITTANCE ADDRESS Company Name Authorized Signature (As registered with the IRS) Address E-Mail Address City, State, Zip Fax Number Telephone Number Federal Tax ID Number Toll Free Number Sales Tax Number The attached Certificate of Familiarity must be returned with proposal response 15

EXHIBIT D RFP: Bid #16-021 "NO RESPONSE" FORM To submit a "No Response" for this project, this form must be completed for your company to remain on our bidders list for commodities/services referenced. If you do not respond your name may be removed from this bidders list. Please check statement(s) applicable to your "No Bid" response -- o Specifications are restrictive o Specifications are ambiguous (Specify below in Comments section) o We are unable to meet specifications o We are unable to meet lease requirements o We are unable to meet insurance requirements o We do not offer this product or service o Remove us from your vendor list for this commodity or service o Other (Specify below in Comments section) Comments Company Name (as registered with the IRS) Authorized Signature Correspondence Address Printed Name City, State, Zip Title / Date Telephone Email 16