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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"