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HomeMy WebLinkAboutOrdinance 5579ORDINANCE NO.5579 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT INSURANCE COSTS, WITH Cl2 AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAL ORDINANCE NO. 5576 THAT APPROVED THIS CONTRACT TO BEGIN APRIL 8, 2013 WHEREAS, federal budget sequestration cuts have led the Federal Aviation Administration (FAA) to announce the closure of control tower operations at Drake Field; and WHEREAS, continued air traffic control tower services are essential to assuring maximum safety for air traffic and passengers flying through Drake Field; and WHEREAS, the expertise and training necessary for the provision of air traffic control tower services is held by the current contract provider, Cl2 Aviation Inc.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $20,342.00 per month, with Cl2 Aviation Inc., marked as Exhibit "A" attached hereto and made a part hereof, for the provision of air traffic control tower services for Drake Field upon the date of tower closure by the FAA, should such occur. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance No. 5576 so that the contract attached as Exhibit "A" will supersede the initial contract because the term of service and amount of insurance payment are no longer valid because of the FAA stay of its closure order. Page 2 Ordinance No 5579 PASSED and APPROVED this 16th day of April, 2013. APPROVED ATTEST: By: n .�A• • SONDRA E. SMITH, City Clerk/Treasurer wQd ocd �^^ n AGENDA REQUEST JJ �-19-Ij FOR: COUNCIL MEETING OF April 16, 2013 FROM: Lioneld Jordan, Mayor Kit Williams, City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT INSURANCE COSTS, WITH CIz AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAL ORDINANCE NO. 5576 THAT APPROVED THIS CONTRACT TO BEGIN APRIL 8, 2013 APPROVED FOR AGENDA: `f - 4 - 13 Date I<Z/ Departmental Correspondence MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: JASON KELLEY, ASSISTANT CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY DATE: APRIL 9, 2013 Kit Williams City Attorney Jason B. Kelley Assistant City Attorney RE: STATUS OF FAA LITIGATION EFFORTS REGARDING AIRPORT TOWER As you are probably aware, the FAA delayed its contract air traffic control tower closure decision originally scheduled for April 7, 2013, until June 15, 2013, in an announcement by FAA Administrator Michael Huerta late Friday afternoon (April 5`h) The Council authorized our office to take action to challenge the FAA's decision to close the Drake Field air traffic control tower, in concert with other airports nationwide. The Spokane Airport Board in the State of Washington filed a Petition to Review the FAA's agency decision in the United States Court of Appeals for the District of Columbia Circuit. Other airports filed identical petitions throughout the nation, including at least one in the Ninth Circuit (San Francisco) and one in the Second Circuit (New York City). Pursuant to certain federal statutes regarding multi jurisdictional cases, a random selection was made as to which venue would hear the challenges to the FAA action. All cases were then consolidated and transferred to the Ninth Circuit on the morning of Thursday, April 4`' The City's Motion to Intervene was in the final stages of preparation for filing when word came of the change of venue from the D.C. Circuit to the Ninth Circuit. I had originally submitted paperwork and admission fees to authorize me to file documents as an attorney in the D.C. Circuit, and the change required my filing for admission in the Ninth Circuit. Additionally, the Motion needed to be supplemented with Ninth Circuit precedent, in addition to the D.C. Circuit precedent I had previously relied upon in our legal argument. Despite these hurdles, I was able to file our Motion for Leave to Intervene on Thursday afternoon with the Ninth Circuit. Our Motion is still pending. As a side note, the D.C. Circuit offered to return admission fees filed in their court due to the circumstances. On Friday morning April 51h, the City of Ormond Beach, Florida filed an Emergency Motion for a Stay of the FAA's decision with the Ninth Circuit requesting a hearing and ruling Within a week. We anticipated this filing and were hopeful that this effort would lead to an extension of the deadline by FAA or would quickly permit affected airports to regain air traffic control towers pursuant to court order. Within about three hours of the filing of the Emergency Motion, FAA granted the extension of its own volition. A multitude of cities, counties and airport authorities across the nation have joined in the legal effort challenging the FAA's decision based primarily on the fact that the FAA is bound by its own regulations to perform a safety review before making a tower closure decision. The challengers allege that has not occurred. Between now and June 15`h, continuing efforts will be made to find a more permanent solution to the airport tower situation brought on by federal budget sequestration. At this point, Fayetteville has taken the action it can take. We will continue to keep a close monitor on this case and, assuming our intervention is granted, we will continue to defend the interests of Fayetteville in the Ninth Circuit. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT INSURANCE COSTS, WITH CIZ AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAL ORDINANCE NO. 5576 THAT APPROVED THIS CONTRACT TO BEGIN APRIL 8, 2013 WHEREAS, federal budget sequestration cuts have led the Federal Aviation Administration (FAA) to announce the closure of control tower operations at Drake Field; and WHEREAS, continued air traffic control tower services are essential to assuring maximum safety for air traffic and passengers flying through Drake Field; and WHEREAS, the expertise and training necessary for the provision of air traffic control tower services is held by the current contract provider, CIZ Aviation Inc.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $20,342.00 per month, with CIZ Aviation Inc., marked as Exhibit "A" attached hereto and made a part hereof, for the provision of air traffic control tower services for Drake Field upon the date of tower closure by the FAA, should such occur. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance No. 5576 so that the contract attached as Exhibit "A" will supersede the initial contract because the term of service and amount of insurance payment are no longer valid because of the FAA stay of its closure order. PASSED and APPROVED this /:112utZe]vial 1 LIONELD JORDAN, Mayor day of 2013. 0 ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Agreement between the City of Fayetteville, Arkansas, and Cf Aviation, Inc. z CIAVIATION k:6 P CP Aviation, Inc. 4488 North Shallomford Rd. Suite 200 Dunwoorly, GA 30338 AGREEMENT for AIR TRAFFIC CONTROL SERVICE between THE CITY OF FAYETTEVILLE, ARKANSAS and Cl2 AVIATION, INC. 1. CONTRACT SERVICES This Agreement is entered into as of the 16th day of April, 2013, by and between the City of Fayetteville, Arkansas, 4500 S. School Ave. Suite F, Fayetteville, Arkansas, 72701, and Cl2 Aviation, Inc., a Georgia corporation having offices at 4488 North Shallowford Road, Suite 200, Dunwoody, Georgia, 30338, effective as of the first day that the FAA ceases payment to Cl2 Aviation, Inc. to operate the Drake Field air traffic control tower. WHEREAS, Cl2 Aviation, Inc. has entered into an agreement with the City of Fayetteville, Arkansas, which desires to have air traffic control services provided for the Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. Services will be provided during operating hours, 0800 (8:00 A.M. Local) to 2000 (8:00 P.M. Local) daily at the Fayetteville - Drake Airport Traffic Control Tower (ATCT). Cl2 Aviation, Inc. shall provide these services by issuing pertinent NOTAM and advisories for the hours of operation of the Fayetteville - Drake ATCT. NOW, THEREFORE, BOTH PARTIES, in consideration of the covenants and agreements of the respective parties herein contained hereby agree as follows: 2. SCOPE OF WORK Cl2 Aviation, Inc. shall furnish all required personnel and labor, and will provide Air Traffic Control service, including normal weather observations, for the Fayetteville Executive Airport - Drake Field (FYV), Fayetteville, Arkansas, airport Movement Area and the airspace within the The Intonation contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express wdtten permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and Cf Aviation, Inc. designated Traffic Area as a VFR Non Federal Contract Tower (NFCT). Performance shall be in accordance with the Company and Federal Aviation Administration (FAA) standards and mandatory directives and agreements. 3. PERIOD OF PERFORMANCE AND HOURS OF OPERATION This agreement will begin at the earliest available date of action and the hours will be from 0800L (8:00 A.M.) to 2000L, (8:00 P.M.), daily. Other additional operating hours may be provided as requested. This Agreement will be for four (4) annual periods beginning on the first day that the FAA ceases payments to CIZ Aviation, Inc. to operate the Drake Field air traffic control tower. 4. a. The City of Fayetteville, Arkansas will complete any required coordination as necessary to utilize the FAA maintained Control Tower structure and related ATC equipment. b. An Air Traffic Manager (ATM) shall be appointed and included in the minimum shift requirement. c. CIz Aviation, Inc. shall employ qualified Air Traffic Controllers, to accomplish all work required for this agreement. Further, Cl2 Aviation, Inc. shall ensure sufficient staffing to meet operating hours of air traffic from 0800L (8 A.M. Local), to 2000L (8 P.M. Local), daily. 5. LAWS AND REGULATIONS CIz Aviation, Inc. agrees to comply with all Federal, State, and the City of Fayetteville, Arkansas rules, regulations, laws and require its officers, agents, and employees to observe and obey the same. 6. INSURANCE a. CIZ Aviation, Inc. will provide Airport Owners' and Operators' General Liability Insurance, in the amount of $10,000,000 per occurrence at Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. The premium will be paid in full by the City of Fayetteville, Arkansas in accordance with the payment schedule in paragraph 7. The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and C12 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and CIz Aviation, Inc. b. Workers' Compensation Insurance will be provided as required by state and federal workers' compensation acts, the Federal Longshoremen's and Harbor Workers' Compensation Act, the Outer Continental Shelf Act and such other acts as may be applicable to these services. Cl' Aviation, Inc. shall provide and maintain in force at all times during the performance of the services, insurance in compliance with the insurance requirements of the Agreement. 7. COST OF SERVICES Insurance Insurance Cost - Based on an annual premium of $15,000 prorated to cover the period when this contract starts through October 31, 2013. The Premium is due and payable in advance for the first period and prior to the beginning of subsequent periods. In order to align with other CIZ Aviation insurance policies this policy would renew for a full year on November 1, 2013. The insurance policy renewal amount is subject to change annually, as determined by the Insurer. Personnel Support Costs The City of Fayetteville, Arkansas shall compensate CIZ Aviation, Inc. for Air Traffic Control Services as follows: First Year- $20,342 per month Second Year- $21,359 per month Third Year- $23,090 per month Fourth Year- $24,244 per month Insurance as depicted above under Insurance Costs are not included in the costs for Air Traffic Control Services, Periods 1 — 4. 8. INVOICING a. An invoice will be presented to the City of Fayetteville, Arkansas at the end of the month The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is propdetary to the City of Fayetteville, Arkansas and CIF Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and Cl' Aviation, Inc. for which services are rendered. b. The City of Fayetteville, Arkansas shall make payment for the provisioning of air traffic control to CI' Aviation, Inc. after services occur and after receipt of invoice. c. If payment has not been received within fifteen (15) days of services being provided and receipt of invoice, interest will accrue at 1.75 percent per month. If the invoice is not paid within thirty (30) days of having received the invoice, CI' Aviation, Inc. may terminate the agreement. 9. CI' AVIATION, INC. PAYMENT INFORMATION Wiring Instructions will be provided by CI' Aviation, Inc. following the execution of this agreement, or mail check to the address below: Mail Check To: CI' Aviation, Inc. Attn: Debra Anthony 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia 30338 10. TERM AND TERMINATION In the event of termination of this agreement prior to the end date, all invoices will be paid in full immediately. Advance insurance payments will be prorated and any balance will be reimbursed. This Agreement and all rights, duties, and obligations provided for herein shall terminate upon the earliest occurrence of any of the following: a. For the City of Fayetteville's or Cl2 Aviation, Incorporated's convenience, upon thirty (30) day notice to the other party, should either party determine that it no longer desires to have or provide air traffic control services and/or funding is not available. b. The implementation of a new or replacement FAA Contract Tower (FCT) Program at Fayetteville — Drake ATCT. The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and CI%Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and C12Aviation, Inc. c. Expiration of the four-year period from the effective date of this Agreement as cited in paragraph 3 hereof. d. The commencement, voluntary or involuntary, of proceedings in bankruptcy for one of the parties, including filing under Chapter 11 of the U.S. Bankruptcy Code. e. Failure of the City of Fayetteville, Arkansas or Cl2 Aviation, Inc. to perform any of the covenants or conditions under this agreement. 11. COST OF LITIGATION In the event of any litigation arising out of this Agreement, it is agreed that the prevailing party shall not be responsible for any cost reasonably incurred by it in prosecuting or defending against such litigation, including attorney's fees. 12. CONTRACT POINTS OF CONTACT Cl2 Aviation, Inc. — Operations Headquarters James M. Padgett CIz Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia 30338 404.797.0284 (mobile) 678.363.8843 (facsimile) CII Aviation, Inc. Point of Contact at Fayetteville - Drake ATCT, Arkansas. Mike Bowman Fayetteville Executive Airport — Drake Field Attn: Airport Traffic Control Tower 437 W. Ernest Lancaster Dr. Fayetteville, Arkansas, 72701 479.442.2182 Direct 479.659.4803 Cell for Emergencies Notices The Information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI° Aviation, Inc. employees. It is proprietaryto the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville. Arkansas and CI%Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Ch Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and 02 Aviation, Inc. Any notice or other writing required or permitted by this Agreement shall be deemed to have been sufficiently given either when personally delivered or mailed by certified or registered United States mail with postage prepaid to the individual representatives and addresses of the parties specified herein. Cl2 Aviation, Inc. Michael F. Baylis, II CEO CIz Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia, 30338 and Fayetteville Executive Airport — Drake Field, Arkansas Ray M. Boudreaux Director Aviation and Economic Development Fayetteville Executive Airport — Drake Field 4500 S. School Ave, Suite F Fayetteville, Arkansas 72701 Office: 479.718.7642 Fax: 479.718.7646 Confidentiality The City of Fayetteville, Arkansas hereby agrees that all information provided by CIx Aviation, Inc. pursuant to the work and Services hereunder shall be considered confidential and proprietary, and shall not be reproduced, transmitted, used or disclosed by the City of Fayetteville, Arkansas without the written consent of CIz Aviation, Inc., except as may be necessary for the non -disclosing party to fulfill its obligations hereunder; provided that the limitation shall not apply to any information or portion thereof, which is within the public domain at the time of its disclosure. The requirements of this provision shall survive the term of this Agreement. The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI° Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Ch Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and CI'Aviation, Inc. Entire Agreement. This Agreement constitutes the entire, complete and final understanding and agreement between the parties concerning the subject initiative and supersede any previous understandings, commitments, or agreements, oral or written. IN WITNESS WHEREOF, the parties hereto have, through duly authorized representatives, executed this Agreement effective as of the day and year indicated in the paragraphs above. City of Fayetteville, Arkansas By: Signature Date Cl2 Aviation, Inc. By: Michael F. Baylis, II Signature Date The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and CI%Aviation, Inc. 4,&j L%-) + - IJeGelf+ir Agreement between the City of Fayetteville, Arkansas, and Cf Aviation, Inc. l� �� 418113 Coe, �QJ� CC,,,4CIZAvirdion,Inc. 4488 North Shallowford RdSuite 200TloN Dunwoody, GA 30338 AGREEMENT for AIR TRAFFIC CONTROL SERVICE between THE CITY OF FAYETTEVILLE, ARKANSAS and Cl2 AVIATION, INC. 1. CONTRACT SERVICES (GIII'l— This Agreement is entered into as of the day of by and between the City of Fayetteville, Arkansas, 4500 S. School Ave. Suite F, ye�Arkansas, 72701, and Cl` Aviation, Inc., a Georgia corporation having offices at 4488 NorthShallowford Road, Suite 200, Dunwoody, Georgia, 30338, effective as of f. �L;toi dal :u4 * )FkA- CF.ttfN Play �.' CT c kv"'L.- ,�1... 1, pts..,.t.r jk D.J�' FAA Ai. WHEREAS, CI= Aviation, Inc. has entered into an agreement with the City of Fayetteville, <+D"-i Arkansas, which desires to have air traffic control services provided for the Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. Services will be provided during operating hours, 0800 (8:00 A.M. Local) to 2000 (8:00 P.M. Local) daily at the Fayetteville - Drake Airport Traffic Control Tower (ATCT). CII Aviation, Inc. shall provide these services by issuing pertinent NOTAM and advisories for the hours of operation of the Fayetteville - Drake ATCT. NOW, THEREFORE, BOTH PARTIES, in consideration of the covenants and agreements of the respective parties herein contained hereby agree as follows: 2. SCOPE OF WORK CI' Aviation, Inc. shall furnish all required personnel and labor, and will provide Air Traffic Control service, including normal weather observations, for the Fayetteville Executive Airport - Drake Field (FYV), Fayetteville, Arkansas, airport Movement Area and the airspace within the The Information contained in this document Is for the express use of the City of Fayetlevile, Arkansas and CI•AvlaGan, Inc. employees. It b pmpdelerytothe City of Fayetteville, Arkansas and CP Aviadon, Inc., and is not to 6e disclosed outside of the City of FayetievlNe, Arkansas and CF Aviation Inc., wih,outthe express wrtlen permission of the City of Fayeftevdle, Arkansas and GxAviatlan, Inc. Agreement between the City of Fayetteville, Arkansas, and Ce Aviation, Inc. A/8113 designated Traffic Area as a VFR Non Federal Contract Tower (NFCT). Performance shall be in accordance with the Company and Federal Aviation Administration (FAA) standards and mandatory directives and agreements. 3. PERIOD OF PERFORMANCE AND HOURS OF OPERATION This agreement will begin at the earliest available date of action and the hours will be from 0800L (8:00 A.M.) to 2000L, (8:00 P.M.), daily. Other additional operating hours may be provided as requested, This Agreement will be for four (4) periods a&44l@ws- �/A�4� IL rlvi/- eriod I April 8, 20" - Apr" eriod 2 Apri18, 20 44 - April 7, 2015 G(p�et.-4- k �tsl Period 3 Apr118, 2015 - April 7, 2016 Period 4 - A ri17, 2017 G T z �J�[,{ 2w�, F. 0�.•.4 r 4. REQUIREMENTS jj- Qi,,ka F,-'4 pr: cTrnho (..� 'Tows. - a. • The City of Fayetteville, Arkansas will complete any required coordination as necessary to utilize the FAA maintained Control Tower structure and related ATC equipment. b. An Air Traffic Manager (ATM) shall be appointed and included in the minimum shift requirement. c. CF Aviation, Inc, shall employ qualified Air Traffic Controllers, to accomplish all work required for this agreement. Further, CIZ Aviation, Inc. shall ensure sufficient staffing to meet operating hours of air traffic from 0800L (8 A.M. Local), to 2000L (8 P.M. Local), daily. 5. LAM AND REGI ARONS Clz Aviation, Inc. agrees to comply with all Federal, State, and the City of Fayetteville, Arkansas rules, regulations, laws and require its officers, agents, and employees to observe and obey the same. 6. 1(aIIMALLCE a. CI' Aviation, Inc. will provide Airport Owners' and Operators' General Liability Insurance, in the amount of $10,000,000 per occurrence at Fayetteville Executive Airport The Information contained In this document Is for aeexpress use of the City of Fayettevitie, Arkansas and Cl- Avialion, Inc. employees. It is proprietaryto the City of Fayeneville, Arkansas and CF Aviation, Inc., and is not to be disclosed outside of the City of Fayetevllle, Arkansas and Ch AVIadon Inc, without the express written permission of the City of Fayetteville, Arkansas and CltAviation, Inc. Agreement between the City ofFayelteville, Arkansas, and CP Aviation, Inc. 418113 — Drake Field, Fayetteville, Arkansas. The premium will be paid in full by the City of Fayetteville, Arkansas in accordance with the payment schedule in paragraph 7. b. Workers' Compensation Insurance will be provided as required by state and federal workers' compensation acts, the Federal Longshoremen's and Harbor Workers' Compensation Act, the Outer Continental Shelf Act and such other acts as may be applicable to these services. CId Aviation, Inc. shall provide and maintain in force at all times during the performance of the services, insurance in compliance with the insurance requirements of the Agreement. 7. COST OF SERVICES W GJ�,r S (a.�i 11`I L Insurance Insurance Cos - , based on an annual premium of $15,000 prorated to cover the period — etober 31, 2013. The Premium is due and payable in advance for the first period and prior to the beginning of subsequent periods. In order to align with other C12 Aviation insurance policies this policy would renew for a full year on November 1, 2013. The insurance policy renewal amount is subject to change annually, as determined by the Insurer. Personnel Support Costs The City of Fayetteville, Arkansas shall compensate Cl2 Aviation, Inc. for Air Traffic Control Services as follows: Period-1 - $20,342 per month �. Pet'tad 2 - $21,359 per month Period 3 - $23,090 per month ,a (44 rk ,�, Pa4ed4 - $24,244 per month Insurance as depicted above under Insurance Costs are not included in the costs for Air Traffic Control Services, Periods 1 — 4. The Information contained in this document is forthe express use of the Ck of Fayetlevifle, Arkansas and CI'Aviedon, Inc. employees. It Is proprietaryto the City of FayetleAlle, Arkansas and CFAvlation, Inc., and Is not to be d1sefted oublde of me City of Fayenevllle, Arkansas and CF Avlaaon Inc., wkhout the expresswritten permission of the City of Fayetteville, Afkarsasand Cp Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and Cl` Aviation, Inc. 418113 8. INVOICING a. An invoice will be presented to the City of Fayetteville, Arkansas at the end of the month for which services are rendered, b. The City of Fayetteville, Arkansas shall make payment for the provisioning of air traffic control to CF Aviation, Inc. after services occur and after receipt of invoice. e. If payment has not been received within fifteen (15) days of services being provided and receipt of invoice, interest will accrue at 1.75 percent per month. If the invoice is not paid within thirty (30) days of having received the invoice, CIa Aviation, Inc. may terminate the agreement. 9. CI' AVIATION, INC. PAYMENT INFORMATION Wiring Instructions will be provided by C12 Aviation, Inc. following the execution of this agreement, or mail check to the address below: Mail Check To: C.IZ Aviation, Inc. Attn: Debra Anthony 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia 30338 10. TERM AND TERMINATION In the event of termination of this agreement prior to the end date, all invoices will be paid in full immediately. Advance insurance payments will be prorated and any balance will be reimbursed. This Agreement and all rights, duties, and obligations provided, for herein shall terminate upon the earliest occurrence of any of the following: a. For the City of Fayetteville's or CIZ Aviation, Incorporated's convenience, upon thirty (30) day notice to the other party, should either party determine that it no longer desires to have or provide air traffic control services and/or funding is not available. The Information contained in Ihls document is for ale express use of the City of Fayetlevile, Arkansas and CF Avlaffon, Inc. employees. It Is proprietaryto the City Of Fayetteville, Arkansas and CI' Aviation, Imo., and Is not to be disclosed outside of the City of Fayetteville. Arkansas and Cp Aviation Inc., vdlhoutdie express written permission of the Cily of Fayetteville, Arkalaas and ChAviatlon, Inc. Agreement between the City of Fayetteville, Arkansas, and CI' Aviation, Inc. 418113 � dL b. The implementation of>ffj� FAA Contract Tower (FCT) Program at Fayetteville — Drake A TOT V �A C. r end from the effective date of this Agreement as cited in paragraph 3 hereof. d. The commencement, voluntary or involuntary, of proceedings in bankruptcy for one of the parties, including filing under Chapter I I of the U.S. Bankruptcy Code. e. Failure of the City of Fayetteville, Arkansas or CIZ Aviation, Inc. to perform any of the covenants or conditions under this agreement. 11. COST OF LITIGATION In the event of any litigation arising out of this Agreement, it is agreed that the prevailing party shall not be responsible for any cost reasonably incurred by it in prosecuting or defending against such litigation, including attorney's fees. 12. CQNTRACT POINTS OF CONTACT CP Aviation, Inc. — Operations Headquarters James M. Padgett CIZ Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia30338 404.79.7.0284 (mobile) 678.363.8843 (facsimile) CIZ Aviation, Inc. Point of Contact at Fayetteville - Drake ATCT, Arkansas. Mike Bowman Fayetteville Executive Airport — Drake Field Attn: Airport Traffic Control Tower 437 W. Ernest Lancaster Dr. Fayetteville, Arkansas, 72701 479.442.2182 Direct 479.659.4803 Cell for Emergencies The Information oonfained in this document Is for the express use of the City of Fayetievkle, Arkansas and CI-Aviedon, Inc. employees. ti Is proprietary to the City of Fayetlevllle. Arkansas and CIO Aviation, Ina, and is not to be dhiosed outside of the City of Fayetteville, Arkansas and OF Aviation Inc, wldmut the expresawribn permission of the City of FeyetieuJle, Arkansas and OF Aviation, Inc. Agreement between the City ofFkryeitevtUe, Arkansas, and Ch Aviation, Inc. 41&(13 Noikes Any notice or other writing required or permitted by this Agreement shall be deemed to have been sufficiently given either when personally delivered or mailed by certified or registered United States mail with postage prepaid to the individual representatives and addresses of the parties specified herein. CP Aviation, Inc. Michael F. Baylis, II CEO CP Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia, 30338 <,N. Fayetteville Executive Airport — Drake Field, Arkansas Ray M. Boudreaux Director Aviation and Economic Development Fayetteville Executive Airport — Drake Field 4500 S. School Ave, Suite F Fayetteville, Arkansas 72701 Office: 479.718.7642 Fax: 479.718.7646 Confidentiality The City of Fayetteville, Arkansas hereby agrees that all information provided by C12 Aviation, Inc. pursuant to the work and Services hereunder shall be considered confidential and proprietary, and shall not be reproduced, transmitted, used or disclosed by the City of Fayetteville, Arkansas without the written consent of CI' Aviation, Inc., except as may be necessary for the non -disclosing party to fulfill its obligations hereunder; provided that the limitation shall not apply to any information or portion thereof, which is within the public domain at the time of its disclosure. The requirements of this.provision shall survive the term of this Agreement. The Infomiaton contalned In this dooun wt Is for the express use of fheCib of Fayetteville, Arlmnsmand CP Aviation, Ito employem. ItIs pmpdetahyto the Chhyof Fayethevllle, Admneec end CI' Aviation, Ina, and le notto be disclosed ouWde oftheClyof Fayetteville, Adrerees and CFAviation Ina, wlthohdthe express whiten permission of the Cty of Fayetteville, Arkansas and C 2Aviation, Inc. Agreement between the City ofFayetteviiie, Arkansas, and CI' Aviation, Inc. 418113 Entire Agreement. This Agreement constitutes the entire, complete and final understanding and agreement between the parties concerning the subject initiative and supersede any previous understandings, commitments, or agreements, oral or written. IN WITNESS WHEREOF, the parties hereto have, through duly authorized representatives, executed this Agreement effective as of the day and year indicated in the paragraphs above. City of Fayetteville, Arkansas Cl2 Aviation, Inc. By: Michael F. OnvIis II roi Signature Date W1 The Infomlalbn ocntibed In this document to for the Wtpno use ot#*Cey of FaystavIlls, Arkenses end CI' Aviation, Inc, employees. It b pmpdstaxyto the City of Fayetteville, Moms and CIA Aviation, Ina„ and Is not to be dbdosed oulslde of the City of FayedeAtie, Adam and CIA Aviation Inc., wehoi tthe express wdten peottesan of the Chy of Fayeaevlte, Admr= add CRAriatan, lac. Agreement between the City of Fayetteville, Arkansas, and CIZ Aviation, Inc. 6116113 l / I vialiml. 111< �14.%'.1' Aug'111 17t(111owl"tt( ML 0� AVIATION /)It//it '. I,.l .1"U_i_i.�' AGREEMENT for AIR TRAFFIC CONTROL SERVICE between THE CITY OF FAYETTEVILLE, ARKANSAS and CI'AVIATION, INC. 1. CONTRACT SERVICES This Agreement is entered into as of the 16th day of April, 2013, by and between the City of Fayetteville, Arkansas, 4500 S. School Ave. Suite F, Fayetteville, Arkansas, 72701, and CIZ Aviation, Inc., a Georgia corporation having offices at 4488 North Shallowford Road, Suite 200, Dunwoody, Georgia, 30338, effective as of the first day that the FAA ceases payment to CIZ Aviation, Inc. to operate the Drake Field air traffic control tower. WHEREAS, CIZ Aviation, Inc. has entered into an agreement with the City of Fayetteville, Arkansas, which desires to have air traffic control services provided for the Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. Services will be provided during operating hours, 0800 (8:00 A.M. Local) to 2000 (8:00 P.M. Local) daily at the Fayetteville - Drake Airport Traffic Control Tower (ATCT). Cl' Aviation, Inc. shall provide these services by issuing pertinent NOTAM and advisories for the hours of operation of the Fayetteville - Drake ATCT. NOW, THEREFORE, BOTH PARTIES, in consideration of the covenants and agreements of the respective parties herein contained hereby agree as follows: 2. SCOPE OF WORK CIZ Aviation, Inc. shall furnish all required personnel and labor, and will provide Air Traffic Control service, including normal weather observations, for the Fayetteville Executive Airport - The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and Cl' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Ch Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and CIZ Aviation, Inc. 6116113 Drake Field (FYV), Fayetteville, Arkansas, airport Movement Area and the airspace within the designated Traffic Area as a VFR Non Federal Contract Tower (NFCT). Performance shall be in accordance with the Company and Federal Aviation Administration (FAA) standards and mandatory directives and agreements. 3. PERIOD OF PERFORMANCE AND HOURS OF OPERATION This agreement will begin at the earliest available date of action and the hours will be from 0800L (8:00 A.M.) to 2000L, (8:00 P.M.), daily. Other additional operating hours may be provided as requested. This Agreement will be for four (4) annual periods beginning on the first day that the FAA ceases payments to Cl2 Aviation, Inc. to operate the Drake Field air traffic control tower. 4. a. The City of Fayetteville, Arkansas will complete any required coordination as necessary to utilize the FAA maintained Control Tower structure and related ATC equipment. b. An Air Traffic Manager (ATM) shall be appointed and included in the minimum shift requirement. c. Cl2 Aviation, Inc. shall employ qualified Air Traffic Controllers, to accomplish all work required for this agreement. Further, Cl2 Aviation, Inc. shall ensure sufficient staffing to meet operating hours of air traffic from 0800L (8 A.M. Local), to 2000L (8 P.M. Local), daily. 5. LAWS AND REGULATIONS Cl' Aviation, Inc. agrees to comply with all Federal, State, and the City of Fayetteville, Arkansas rules, regulations, laws and require its officers, agents, and employees to observe and obey the same. 6. INSURANCE a. Cl' Aviation, Inc. will provide Airport Owners' and Operators' General Liability Insurance, in the amount of $10,000,000 per occurrence at Fayetteville Executive Airport — Drake Field, Fayetteville, Arkansas. The premium will be paid in full by the City of Fayetteville, Arkansas in accordance with the payment schedule in paragraph 7. The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI° Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and Cl- Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Ch Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Ch Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and & Aviation, Inc. 6116113 b. Workers' Compensation Insurance will be provided as required by state and federal workers' compensation acts, the Federal Longshoremen's and Harbor Workers' Compensation Act, the Outer Continental Shelf Act and such other acts as may be applicable to these services. CIZ Aviation, Inc. shall provide and maintain in force at all times during the performance of the services, insurance in compliance with the insurance requirements of the Agreement. 7. COST OF SERVICES Insurance Insurance Cost - Based on an annual premium of $15,000 prorated to cover the period when this contract starts through October 31, 2013. The Premium is due and payable in advance for the first period and prior to the beginning of subsequent periods. hi order to align with other CIZ Aviation insurance policies this policy would renew for a full year on November 1, 2013. The insurance policy renewal amount is subject to change annually, as determined by the Insurer. Personnel Support Costs The City of Fayetteville, Arkansas shall compensate CIZ Aviation, Inc. for Air Traffic Control Services as follows: First Year- $20,342 per month Second Year- $21,359 per month Third Year- $23,090 per month Fourth Year- $24,244 per month Insurance as depicted above under Insurance Costs are not included in the costs for Air Traffic Control Services, Periods 1 — 4. The information oonla!nod in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietaryto the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to he disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and C1' Aviation, Inc. 6116113 8. a. An invoice will be presented to the City of Fayetteville, Arkansas at the end of the month for which services are rendered. b. The City of Fayetteville, Arkansas shall make payment for the provisioning of air traffic control to Cl2 Aviation, Inc. after services occur and after receipt of invoice. c. If payment has not been received within fifteen (15) days of services being provided and receipt of invoice, interest will accrue at 1.75 percent per month. If the invoice is not paid within thirty (30) days of having received the invoice, Cl2 Aviation, Inc. may terminate the agreement. 9. Cl2 AVIATION, INC. PAYMENT INFORMATION Wiring Instructions will be provided by Cl2 Aviation, Inc. following the execution of this agreement, or mail check to the address below: Mail Check To: Cl2 Aviation, Inc. Attn: Debra Anthony 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia 30338 10. TERM AND TERMINATION In the event of termination of this agreement prior to the end date, all invoices will be paid in full immediately. Advance insurance payments will be prorated and any balance will be reimbursed. This Agreement and all rights, duties, and obligations provided for herein shall terminate upon the earliest occurrence of any of the following: a. For the City of Fayetteville's or Cl2 Aviation, Incorporated's convenience, upon thirty (30) day notice to the other party, should either party determine that it no longer desires to have or provide air traffic control services and/or funding is not available. The information contained in this document is forthe express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and Cl2 Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City ofFayeneville, Arkansas, and Cl' Aviation, Inc. 6116113 b. The implementation of a new or replacement FAA Contract Tower (FCT) Program at Fayetteville — Drake ATCT. c. Expiration of the four-year period from the effective date of this Agreement as cited in paragraph 3 hereof. d. The commencement, voluntary or involuntary, of proceedings in bankruptcy for one of the parties, including filing under Chapter 11 of the U.S. Bankruptcy Code. e. Failure of the City of Fayetteville, Arkansas or CIZ Aviation, Inc. to perform any of the covenants or conditions under this agreement. 11. COST OF LITIGATION In the event of any litigation arising out of this Agreement, it is agreed that the prevailing party shall not be responsible for any cost reasonably incurred by it in prosecuting or defending against such litigation, including attorney's fees. 12. CONTRACT POINTS OF CONTACT CIZ Aviation, Inc. — Operations Headquarters James M. Padgett Cl' Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia 30338 404.797.0284 (mobile) 678.363.8843 (facsimile) CIZ Aviation, Inc. Point of Contact at Fayetteville - Drake ATCT, Arkansas. Mike Bowman Fayetteville Executive Airport — Drake Field Attn: Airport Traffic Control Tower 437 W. Ernest Lancaster Dr. Fayetteville, Arkansas, 72701 479.442.2182 Direct 479.659.4803 Cell for Emergencies The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. Agreement between the City of Fayetteville, Arkansas, and CIZAviation, Inc. 6116113 Notices Any notice or other writing required or permitted by this Agreement shall be deemed to have been sufficiently given either when personally delivered or mailed by certified or registered United States mail with postage prepaid to the individual representatives and addresses of the parties specified herein. CIZ Aviation, Inc. Michael F. Baylis, II CEO CF Aviation, Inc. 4488 N. Shallowford Rd. Suite 200 Dunwoody, Georgia, 30338 and Fayetteville Executive Airport — Drake Field, Arkansas Ray M. Boudreaux Director Aviation and Economic Development Fayetteville Executive Airport — Drake Field 4500 S. School Ave, Suite F Fayetteville, Arkansas 72701 Office: 479.718.7642 Fax: 479.718.7646 Confidentiality The City of Fayetteville, Arkansas hereby agrees that all information provided by Cl' Aviation, Inc. pursuant to the work and Services hereunder shall be considered confidential and proprietary, and shall not be reproduced, transmitted, used or disclosed by the City of Fayetteville, Arkansas without the written consent of Cl' Aviation, Inc., except as may be necessary for the non -disclosing party to fulfill its obligations hereunder; provided that the limitation shall not apply to any information or portion thereof, which is within the public domain at the time of its disclosure. The requirements of this provision shall survive the term of this Agreement. The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and Cl' Aviation, Ina, and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., x%Mout the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc, Agreement between the City of Fayetteville, Arkansas, and CIZ Aviation, Inc. 6116113 Entire Agreement. This Agreement constitutes the entire, complete and final understanding and agreement between the parties concerning the subject initiative and supersede any previous understandings, commitments, or agreements, oral or written. IN WITNESS WHEREOF, the parties hereto have, through duly authorized representatives, executed this Agreement effective as of the day and year indicated in the paragraphs above. City of Fayetteville, Arkansas i I � i � ►i1��A6�.1>:. ' � Cl2 Aviation, Inc. By: Michael F. Baylis, Il '6o! Signature i4s� Date t3 The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CI' Aviation, Inc. employees. It is proprietary to the City of Fayetteville, Arkansas and CI' Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., without the express written permission of the City of Fayetteville, Arkansas and Cl2 Aviation, Inc. RECEIVED MAY U 2 2013 CITY CLERK'S OFFIICE NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE ANAS TIMES SPAPEF ROGERS RS LLC THE NOTON COUNTY DRTHWEST AIILLY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 I P.O. BOX 1607. 727021 479-442-1700 1 WWW,NWANEWS,COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5579 Was inserted in the regular edition of The Northwest Arkansas Times on: April 25, 2013 Publication Costs: $ 103.76 Karen Caler Subscribed and sworn to before me This -,3� day of 12013. Notary Public My Commission Expires: 2 /� �2o I k4- ORDINANCE NO. 5579 OF FORMAL ANDNTS ��I IC OF FORMAL COMPETITIVE BIDDING AND 7A APPROVING A CONTRACT IN THE AMOUNT OF $20,342.00 PER MONTH, PLUS UPFRONT AXKAXSAe INSURANCE COSTS, WITH Cl2 AVIATION INC. FOR THE PROVISION OF AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD UPON THE DATE OF TOWER CLOSURE BY THE FAA, SHOULD SUCH OCCUR; AND TO REPEAUORDINANCE NO, 557a THAT APPROVED THIS. CONTRACT TO BEGIN APRIL. Malls 1 WHEREAS, federal budget)1 aequeefratlon GLft have lad the hdoml Aviation Administragon fFAA) to arin4unce'the 6WUre:otoontrol Lower operations at Dmko Field; end 11 """" l� - WHEREAS, continued air henq Dori towor aerNcea-ereeaeemlal to eaaudng r e"Mum safely for air traf to and gars (tying Mtough Drabs Fuld; and WHERL*A the expertise and Irelnl neeesaery for the pmaidn of air traffic control tower sarvkes is held by the du0ent contract provider, Cl2 Avlatkn Inc.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby betar- mtnes An exoephanel situation exists In which competitive bidding Is deemed not feasible or practical and therefore wefves the requImmanrs of formal oompetifive bidding and Approves a contact In the amount of $20,34 ,00 per moth, with Cl2 Aviation Inc.. medmd As EKhiblt "A" attached hereto And made a Pan hereof, for the prdvislafrof Fir WOO 00I tower servk:es for Drape Field upon the date of tower casum by the FAA, should such cocur. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals Ordinance No. 5578 so that the contract attached as Exhibh "A" will supersede the initial contract because the temt of service and amount of Insurance payment ere no longer valid because of the FAA stay of its closure order. PASSED end APPROVED this 18th day of April, 2013. APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor SONDRA E. SMRH, City Clerk/Treesurer Exhibits for this ordinance may be viewed in the office of the City Clero Treasurer. 1�*Do Not Pay from Affidavit** **Invoice will be sent** Departmental Correspondence KAN TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director R ay Boudreaux, A><rport Manager FROM: Kit Williams, City Attorney DATE: May 10, 2013 _T. Kit Williams City Attorney Jason B. Kelley Assistant City Attorney RE: FAA agrees to keep paying to fully fund the Drake Field Air Traffic Control Tower I am happy to report that today the FAA announced that it has withdrawn its closure decision which would have ended FAA payments to operate the Drake Field Air Traffic Control Tower here in Fayetteville. This decision follows our successful intervention in the litigation against the FAA's initial decision to discontinue funding. We thank you for authorizing my office to challenge the FAA decision that appeared to have been made in haste and not in full conformance with its own regulations. Assistant City Attorney Jason Kelley did most of the research and drafted our pleadings to intervene in the suit already brought by other affected airports. Our intervention was granted and a joint brief was filed before the FAA changed its mind after Congress had granted it discretion to use it resources to fund these airport towers. We thank Senator Pryor and Representative Womack for their help passing the authorizing law and expressing our concerns to the FAA. Because we will not need to hire Cl Aviation, Inc. this fiscal year to operate our Drake Field tower, we shall not provide the lease authorized by the City Council to CI Aviation, Inc. We have saved around $100,000.00 for our citizens because of the litigation and the City's political efforts to secure the Congress' approval to fund the airport which had been scheduled to be defunded by the FAA. However, it is likely that our Drake Field Air Traffic Control Tower will not be fully funded in the next fiscal year that begins October 1, 2013. My guess is that a cost share will be offered in which the City will have to pay some portion of the costs to keep our tower operational next year. KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY JASON B. KELLEY Assistant City Attorney Judy Housley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 TDD (479) 521-1316 May 10, 2013 Cl Aviation, Inc. 4488 North Shallowford Road Dunwoody, GA 30338 Re: Drake Field/ Fayetteville Executive Airport Tower Dear CI Aviation: TayARKAN50.S 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 As you may know, the FAA has announced that it will not discontinue funding of our air traffic control tower for the remainder of this fiscal year. Therefore, we will not need to go forward with the contract with you to run the tower at least until October, 2013. Once the FAA has announced its financing plans for our tower for the next fiscal year, we will determine whether we need to enter into another contract with you. We appreciate your willingness to contract with us to operate the Drake Field tower, and we may very well need your services in the future. We are glad that the FAA has agreed to pay you to continue to operate our tower at least through the end of September. With kindest regards, Kit Williams Fayetteville City Attorney CC: Mayor Jordan Ray Boudreaux, Airport Manager