HomeMy WebLinkAboutOrdinance 5576ORDINANCE NO.5576
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 OF $8,505.00 WITH Cl2 AVIATION INC. FOR THE PROVISION OF
AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD
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, plus upfront insurance costs of $8,505.00, 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.
Page 2
Ordinance No. 5576
PASSED and APPROVED this 2nd day of April, 2013.
APPROVED:
LI-A
ATTEST:
By.
SONDRA E. SMITH, City Clerk/Treasurer
G
FAY ETTEVILLE •�_=
��i'S'j' • .... •'OJT..
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/2/2013
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
$ 196,127.00 $ -
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
v
epartment D' or
(; �
City Attorney
3-z S- /3
Date
.? 2.?- /,:1
Date
Finance and Internal Services Director Date
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
03-2?-1 35' ID02:20 IRCVD
Clerk's Office
Received in /
Mayor's Office
Comments: Accounts to be used and budget information not yet determined
Revised January 15, 2009
aye ev,le
City Council Meeting of: April 2, 2013
Agenda Item Number:
AVIATION DIVISION
FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO:
THRU:
THRU:
THRU.-
FROM-
DATE:
Mayor Jordan
Chief of Staff
Staff/Contract Review Committee
Terry Gulley, Transportation
Ray M. Boudreaux, Aviation
March 27, 2013
SUBJECT: Approve an emergency contract with Cl2 Aviation, Inc. to provide
tower services after April 7, 2013 in the amount of $20,342.00 per
month with an initial payment of $8,550.00 for insurance. Signature
of the mayor and City Clerk.
RECOMMENDATION: Approve and emergency interim contract with Cl2 Aviation, Inc.
for tower services after April 7, 2013. Signature of the Mayor and the City Clerk.
BACKGROUND: The FAA has taken steps to close the Air Traffic Control Tower at the
Airport due to the sequestration. This action will keep the tower open in the interim while
we continue to fight this arbitrary decision by the FAA.
BUDGET IMPACT: Cl2 currently provides the tower employees under the contract with
the FAA. They have agreed to continue on a month to month basis until we can hopefully
get the law changed. Monthly cost is $20,342.00 with an up front payment for the insurance
of $8,550.00 which will be prorated to approximately $1,250.00 a month when we terminate
this interim contract.
Attachments: Staff Review
Contract with Cl2 Aviation Inc.
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701
479.718.7642 •479.718.7646 FAX • www.accessfayefteville.org/govemment/aviabon
airport—economic—development@ci.fayefteville.ar.us
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 OF $8,550.00 WITH Cl2 AVIATION INC. FOR THE PROVISION OF
AIR TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD
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, plus upfront insurance costs of $8,550.00, 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.
PASSED and APPROVED this 121h day of March, 2013.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Division: Aviation Request Date
2013 Department: Transportation Services 3/29/2013
V 13.0107
Adjustment Number
.BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
$196,127 in the Airport Contract Services account for a contract to operate the Airport Control Tower.
The funds, will be transferred from the General Fund Use of Fund Balance.
Prepared By: Kevin Springer
Di slo ad
Date
Reference:
es
udget. Director
Date
Budget & Research Use Only
Z 9 /�
Type: A B C D
E P
. Department rector a,
Date
General Ledger Date
Finance Director
Date
Posted to General Ledger
C ie of tall.
Date
lnitl
Date
_
Checked,/ Verified
ayor.
Date Initial
Date
TOTAL BUDGET ADJUSTMENT 392,254 392,254
Increase / (Decrease)
Project.Sub
Account, Name
Account'Number Expense : Revenue
Number
Contract Services
5550.3940.531500 196,127 -
*Transfer from General*
5550.0.955.6602.01 - 196,127
*Transfer to: Airport*
1010.6600.7602.55 196,127
Use of Fund Balance
101.0.0001.4999 99 - 196,127
WBudgeABudget Adjustments\2013_Budget\Kevin\BA2013_AI RPORT_CONTRACT_TO.W ER.xlsm
Of 1
Agreement between the City of Fayetteville, Arkansas, and C12 Aviation, Inc.
418113
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' nd day of JO by and between the City
of Fayetteville, Arkansas, 4500 S. School Ave. Suite F, yetteville, Arkansas, 72701, and Cl2
Aviation, Inc., a Georgia corporation having offices at 4488 North Shallowford Road, Suite 200,
Dunwoody, Georgia, 30338, effective as of April 8, 2013.
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 information contained in this document is for the express use of the City of Fayetteville, Arkansas and CII 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 Cl' Aviation, Inc.
418113
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 as follows:
Period 1 April 8, 2013
— April 7, 2014
Period 2 April 8, 2014
—April 7, 2015
Period 3 April 8, 2015
— April 7, 2016
Period 4 April 8, 2016
— April 7, 2017
4. REOUIREMENTS
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
C12 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. Cl2 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 the express use of the City of Fayetteville, Arkansas and CIz Aviation, Inc. employees. It is proprietary to the
City of Fayetteville, Arkansas and CIz 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 CIz Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and C12 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.
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 - $8,505 based on an annual premium of $15,000 prorated to cover the period
April 8, 2013 — 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 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
Period 2 - $21,359 per month
Period 3 - $23,090 per month
Period 4 - $24,244 per month
Insurance as depicted above under Insurance Costs are not included in the costs for Air Traffic
Control Services, Periods I — 4.
The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CIz Aviation, Inc. employees. It is proprietary to the
City of Fayetteville, Arkansas and CIz 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 CIz Aviation, Inc.
Agreement between the City of fayetteville, Arkansas, and C12 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 Cl' 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, 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:
C.I2 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 for the express use of the City of Fayetteville, Arkansas and Cl2 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 of Fayetteville, Arkansas, and C12 Aviation, Inc.
418113
b. The implementation of the FAA Contract Tower (FCT) Program at Fayetteville —
Drake ATCT.
c. Four (4) periods 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
Cl2 Aviation, Inc.
4488 N. Shallowford Rd.
Suite 200
Dunwoody, Georgia 30338
404.79.7.0284 (mobile)
678.363.8843 (facsimile)
Cl2 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 Gil Aviation, Inc. employees. It is proprietary to the
City of Fayetteville, Arkansas and CI1 Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Ciz 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 02 Aviation, Inc.
418113
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.
CP Aviation, Inc.
Michael F. Baylis, II
CEO
Cl2 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 Cl2 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 Cl2 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 Cl2 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 CIz Aviation Inc., without the
express written permission of the City of Fayetteville, Arkansas and CIz Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and Cl2 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. Baylis, II
D' A
Signature
Date 4 x f
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 Clx Aviation, Inc., and Is not to be disclosed outskle 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 Cl2 Aviation, Ina
417113
AGREEMENT
for
AIR T FFIC CONTROL/S110E
between
THE CITY OF AYETTEVILANSAS
and
Cl2 A TION INC.
1. CONTRACT SERVICES
This Agreement is entered into as of the da of 2013by and between the City
of Fayetteville, Arkansas, 4500 S. School ve. Suit F, F yetteville, Arkansas, 72701, and Cl2
Aviation, Inc., a Georgia corporation hav' g off ces at 488 North Shallowford Road, Suite 200,
Dunwoody, Georgia, 30338, effective of April 7, 201
WHEREAS, Cl2 Aviation, Inc. h entered into an agree ent with the City of Fayetteville,
Arkansas, which desVoner
air traffic control servi provided for the Fayetteville
Executive Airport ' Fayetteville, Arkansas. Se ices will be provided during
operating hours, 0800Local) to 2000 (8:00 P.M. al) daily at the Fayetteville -
Drake Airport Traffic (ATCT). Cl2 Aviation, Inc. s 1 provide these services by
issuing pertinent NOTisories for the hours of operation f the Fayetteville - Drake
ATCT.
NOW, THEREFO , BOTH PARTIES, in consideration of the covenants And agreements of the
respective parties erein contained hereby agree as follows:
2. SCOPE O WORK
Cl2 Aviati , Inc. shall furnish all required personnel and labor, and will provide Air Traffic
Control S rvice, including normal weather observations, for the Fayetteville Executive Airport -
Drake F eld (FYV), Fayetteville, Arkansas, airport Movement Area and the airspace within 'the
The titfomration contained in this document is for the express use of the City of Fayetteville, Arkansas and CP Aviation, Inc. employees. It is proprietary to the
City of Fayetteville, Arkansas and CI' Aviation, Inc. and is not to be discosed outside of ffke 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 Cl2 Aviation, Inc.
417113
designated Traffic Area as a VFR Non Federal Contract Tower (NFCT). Performance shall be in
accordance with the Company and Federal Aviation Administratio (FAA) standards and
mandatory directives and agreements.
3.
This agreement will begin the earliest available date of ction and the hours will be from
0800L (8:00 A.M.) to 2000 (8:00 P.M.), daily. Other additional operating hours may be
provided as requested. This A ment will be for four ( periods as follows:
Period 1 April 7, 2013 — April 6, 014
Period 2 April 7, 2014 — April 6, 2 15
Period 3 April 7, 2015 — April 6, 20
Period 4 April 7, 2016 — April 6, 201
4, REQUIREMENTS
a. The City of Fayetteville, Arkansas/Alt omplete any required coordination as necessary
to utilize the FAA maintained C trot T er structure and related ATC equipment.
b. An Air Traffic Manager (A shall be ap 'nted and included in the minimum shift
requirement.
c. Cl2 Aviation, Inc. shall e, ploy qualified Air Tr c Controllers, to accomplish all work
required for this agree ent. Further, Cl2 Aviation, . c. shall ensure sufficient staffing to
meet operating hours)of air traffic from 0800L (8 A. . Local), to 2000L (8 P.M. Local),
daily.
5.
Cl2 Aviation, Inc. agrees to comply with all Federal, State, and the ity of Fayetteville, Arkansas
rules, regulations, laws and require its officers, agents, and employes to observe and obey the
same.
6. INSURANCE
a. Cl2 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 the express use of the City of Fayetteville, Arkansas and CP 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 Fayettevilte, Arkansas and Cl2 Aviation Inc., without the
express written permission of te City of Fayetteville, Arkansas.and CP Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and CI' Aviation, Inc.
417113
— 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 d Harbor Workers'
Compensation Act,
c the Outer Continental Shelf Act and such ther acts as may be
applicable to theseces.
CIZ Aviation, Inc. shall provide a�d maintain in force at all times ding the performance of the
services, insurance in compliance N* nth the insurance requirements 9fthe Agreement.
7. COST OF SERVICES
Insurance
Insurance Cost - $8,550 based on an annual
April 7, 2013 — October 31, 2013.
The Premium is due and payable in advance for
subsequent periods. In order to align with otht
would renew for a full year on November 1, 2013.,
The insurance policy renewal amount is
Personnel Support Costs
$15,000 prorated to cover the period
: period and prior to the beginning of
viation insurance policies this policy
change annually, as determined by the Insurer.
The City of Fayetteville, Arkansas shall `compensate Cl2 Aviation, Inc. fot Traffic Control
Services as follows:
Period 1 - $20,342 per month
Period 2 - $21,359 per month /' F
Period 3 - $23,090 per month
Period 4 - $24,244 per mon
Insurance as depicted ab a under Insurance Costs are not included in the costs for
Control Services, Perio 1— 4.
Traffic
The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CF Aviation, Inc. employees. It is proprietary to the
City of Fayetteville, Arkansas and C11 Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Cl2 Aviation Inc., vrrlhoat the
express written permission of the City of Fayetteville, Arkansas and CF Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and Cl2 Aviation, Inc.
417113
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 prqkisioning of air traffic
control to Cl2 Aviation, Inc. after services occur and after receipt f invoice.
e. If payment has not received within fifteen (15) days o services being provided and
receipt of invoice, ante st will accrue at 1.75 percent pe month. If the invoice is not
paid within thirty (30) s of having received the 'voice, Cl2 Aviation, Inc. may
terminate the agreement.
9. Cl2 AVIATION INC. PAME ORMATIO
Wiring Instructions will be provided by C Avia 'on, 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.
In the event of terminatio7tswi1H`
agreement prior to the end date, all invoi will be paid in full
immediately.
Advance insurance paymbe prorated and any balance will be reimbursed.
This Agreement and rights, duties, and obligations provided for herein shall termina upon the
earliest occurrence o any of the following:
a. For the Cii
f Fayetteville's or CIZ Aviation, Incorporated's convenience, upon
thirty (3 notice to the other party, should either party determine that it nolonger desto have or provide air traffic control services and/or funding is not
available.
The information contained in this document is for the express use of the City of Fayetteville, Arkansas and Cie Aviation, Inc. employees. it is proprietary to the
City of Fayetteville, Adensas and C12 Aviati)n, Inc., and is not to be dlsdased outside of the City of Fayetteville, Arkansas and Cn Aviation Ina, without the
express written permission of fhe City of Fayetteville, Arkansas and CR Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and 02 Aviation, Inc.
417113
b. The implementation of the FAA Contract Tower (FCT) Program at Fayetteville —
Drake ATCT.
c. Four (4) periods from the effective date of this Agreement as cited in paragraph 3 hereof.
d. The commencement, voluntary or involuntary, of proceedings in bankru-ptqy for one of the
parties, including filinibgder Chapter 11 of the U.S. Bankruptcy Code.
e. Failure of the City of Fayette Ile, Arkansas or Cl2 Aviation, Inc. to orm any of the
covenants or conditions under s agreement.
11. COST OF LITIGATION
In the event of any litigation arising out of is Agreement, it 's agreed that the prevailing party
shall. not be responsible for any cost reason
such litigation, including attorney's fees.
12. CONTRACT POINTS OF CONTACT
Cl' Aviation, Inc. — Operations Headquarters
James M. Padgett
Cl2 Aviation, Inc.
4488 N. Shallowford Rd.
Suite 200
Dunwoody, Georgia 30338
404.797.0284 (mobile)
678.363.8843 (facsimile)
Cl2 Aviation, Inc. Point of
Mike Bowman
Fayetteville Executive
Attn: Airport Traffic ontrol
437 W. Ernest Lan er Dr.
Fayetteville, Ar sas, 72701
479.442.2182 irect
by }f in prosecuting or defending against
at Fayetteville - Drake ATCT,
— Drake Field
Tower
479.659.4803 Cell for Emergencies
The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CF Aviation, Inc. employees. it is proprietary to the
City of Fayetteville, Arkansas and CIS Aviation, Inc., and is not to be disclosed outside of the City of Fayetteville, Arkansas and Ca Aviation Inc., without the
express written permission of the City of Fayetteville, Arkansas and CIz Aviation, Inc.
Agreement between the City of Fayetteville, Arkansas, and C12 Aviation, Inc.
417113
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 certi d or registered
United States mail with postage prepaid to the individual representatives addresses of the
parties specified herein.
CIZ 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,
Ray M. Boudreaux
Director Aviation and Economic Devel
Fayetteville Executive Airport — Drake
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 CIZ Aviation,
Inc. pursuant to the work and Services hereunder shall be considered nfidential and
proprietary, and shall not be reproduced, transmitted, used or disclosed b the City of
Fayetteville, Arkansas thout the written consent of CIZ Aviation, Inc., except as may be
necessary for the n -disclosing party to fulfill its obligations hereunder; provid that the
limitation shall no apply to any information or portion thereof, which is within the public
domain at the tim 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 CO of Fayetteville, Arkansas and Cie Aviation, Ina employees. tt 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 CIZ Aviation, Inc.
417113
Entire Agreement.
This Agreement constitutes the entire, complete and final understanding and agreement between
the parties concerning the subject initiative and supersede any previous �{inderstandings,
commitments, or agreements, oral or written.
IN WITNESS WHEREOF,
executed this Agreement eff
City of Fayetteville, Arkansas
By: n
Date
Cl2 Aviation, Inc.
By: Michael F. Baylis, II r\ ro1
Signature
Date V / f.
parties hereto have, through duty authorized representatives,
as of the day and year indicated in the paragraphs above.
The information contained in this document is for the express use of the City of Fayetteville, Arkansas and CIz 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 Cie Aviation Inc., without the
express written permission of the City of Fayetteville, Arkansas and CP Aviation, Inc.
RECEIVED
MAY 0 2 2013
C T1 Y CL£R 'S OFFICES
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEW
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
212 NORTHEAST AVENUE, FAYE I I EVIL.LE, ARKANSAS 72701 I P.O, BOX 1607. 72702 1 479.442-1700 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 FAYETTTEVILLE
Ordinance No 5576
Was inserted in the regular edition of
The Northwest Arkansas Times
on: April 11, 2013
Publication Costs: $ 84,31
OaLkJ
Karen Caler
Subscribed and sworn to before me
This a� day of 11 ^
, 2013.
Notary Public
My Commission Expires: 7m Z 1
ORDINANCE NO. 5576
AN ORDI NANCEWAIVINGTHE REQUIREMENTS le
OF FORMAL COMPETITIVE BIDDING AND
APPROVING A CONTRACT IN THE AMOUNT �e
OF $20,342,00 PER MONTH, PLUS UPFRONT ARKANSAS
INSURANCE COSTS OF $8,505.00 WITH C12
AVIATION INC. FOR THE PROVISION OF AIR
TRAFFIC CONTROL TOWER SERVICES FOR DRAKE FIELD
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 deter-
mines 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, plus
upfront insurance costs of $8,505.00, with Cl2 Aviation Inc.), marked as Exhibit
'A' attached'heretb and made a part hereof, for the provision of air traffic control
tower services for Drake Field.
PASSED and APPROVED this 2nd day of April, 2013.
APPROVED: ATTEST:
By; By:
LIONELD JORDAN. Mayor SONDRA E. SMITH, City Clerklrfeasurer
Exhibits for this ordinance may be viewed in the office of the City ClerWTreasurer.
I lap J. WILES **Do Not Pay from Affidavit**
WT_ Benton County
My Commission Expires
Februa,y20,201 "Invoice will be sent"