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contract because the term of service and amount of insurance payment are no longer valid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