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HomeMy WebLinkAbout09-14-2006 Airport Commission • IOWA CITY AIRPORT COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA THURSDAY, SEPTEMBER 14, 2006 - 5:45P.M. 1. Determine Quorum 2. Approval of Minutes from the following Meetings: August 10, 2006 3. Public Discussion - Items not on the agenda 4. Items for Discussion/Action: A. Farmers National Agreement B. Ron Wade offer to purchase part of lot located on S. Gilbert C. FAA/IDOT Projects - Earth Tech—David Hughes a. Runway 7/25 b. Taxi-lane North Tee's and Parking Lot Rehab c. Terminal Apron i. Update ii. Supplemental Agreement No. 7 1. Consider a Resolution approving Supplemental Agreement No. 7 for services related to Terminal Apron Rehabilitation D. South Aviation Development E. Consultant Agreement with Snyder&Associates F. Jet Air Management Agreement G. Aviation Commerce Park H. Parking Policy I. Airport"Operations": Strategic Plan-Implementation; Budget; and Airport Management J. Subcommittees' Reports 6. Commission Members' Reports 7. Staff Report 8. Set next regular meeting for October 12, 2006 at 5:45 p.m. 9. Adjourn CONSULTANT SERVICES AGREEMENT This agreement made between Iowa City Airport Commission the CLIENT and SNYDER &ASSOCIATES, INC., The CONSULTANT, for services concerning the following PROJECT: Professional services related to the management and operation of the Iowa City Airport, Iowa City, Iowa. SNYDER &ASSOCIATES, INC. agrees to perform the following professional services in connection with the PROJECT; Services including but not limited to airport planning, budgeting, FAA grant administration, airport security, airport regulatory affairs and city relations related to the Iowa City Airport. The CLIENT hereby agrees to provide the CONSULTANT all criteria, design and construction standards, and full information as to the CLIENT'S requirements for the PROJECT. Other terms and conditions of this contract, including time of performance are as follows: This agreement shall terminate 12 months after it is signed by both parties or once the amount of fee paid to the Consultant for services provided under this Agreement has reached $12,000.00 or whichever comes first. The CLIENT agrees to compensate the CONSULTANT for services rendered under this agreement on the following basis: See Attached Exhibit"A" • • • • Progress payments shall be made in proportion to services as rendered and as indicated within this agreement, and shall be due and owing within 10 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at 1.5% per month from the 30th day. If the , CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT suspend services under this agreement. THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS PAGE. This agreement represents the entire and integrated agreement between the % NT and the CONSULTANT and supersedes all prior negotiations, representations or -'i --ments, either written or oral. This agreement may be amended only by written instrument signed by •• • the CLIENT -.. e CO LTANT. / (� CLI NT l id,/ ` I •R SNYD R &AS'OCIA /S,ir 9 oh ,1'ey /, JoaC DATE DATE ROUTE EXECUTED COPY TO: J:V+irportData\Agreements\Iowa CityAgreement.doc r SNYDER & ASSOCIATES 2005-06 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Professional , Engineer, Landscape Architect, Land Surveyor, Legal, Project Manager, Planner, Right-of-Way Agent, Graphics Designer Principal $124.00 /hour Lead $117.00 /hour Senior $111.00 /hour VIII $108.00 /hour VII $105.00 /hour VI $99.00 /hour , V $92.00 /hour IV $83.00 /hour III $75.00 _/hour II $68.00 /hour I $56.00 /hour Technical Technicians-CADD, Survey, Construction Observation Principal $87.00 /hour . Lead $81.00 /hour Senior $75.00 /hour VIII $71.00 /hour VII $65.00 /hour VI $60.00 /hour V $54.00 /hour _ IV $48.00 /hour III $42.00 /hour II $36.00 /hour I $31.00 /hour Administrative 4rx;.1 Clerical, Computer Programming, Financial Principal $81.00 /hour Lead $75.00 /hour Senior $71.00 /hour VIII $65.00' /hour VII $60.00 /hour VI $54.00 /hour V $47.00 /hour IV $41.00 /hour III $36.00 /hour II $31.00 /hour I $28.00 /hour Reimbursables Mileage current IRS standard rate 1-person robotic equipment(in additon to technical rate) . $25.00 /hour Plotter Prints,Blueprints $0.20 /s.f. Mylar Prints $2.00 /s.f. Color Plots $2.00 /s.f. Color Plots-Photo $5.00 /s.f. Color Copies $0.50 /ea. Outside Services As Invoiced FNC Farm#73948 Farmers Farm Name: Airport National Bruce Ahrens,Accredited Farm Manager A Company Professional Management Services Agreement General This Professional Management Services Agreement("The Agreement")is entered into between Farmers National Company,("Farmers National"),and the Iowa City Airport Commission,("Clients.") Farmers National is a Nebraska Corporation whose corporate offices are located at 11516 Nicholas Street, Suite 100, Omaha, Nebraska, 68154. The Clients are more fully identified on the Client Information sheet, attached. The property subject to this Agreement ("The Property") is described under the Legal Description, attached. The parties acknowledge and agree that the terms of this agreement may only be changed by the mutual agreement of the parties, in writing. The parties also agree that whenever any of the information contained in this Agreement, or any of its attachments, changes, they will promptly notify the other party in writing. The notification of changes made to Farmers National shall be made to the customer Service Department at the address set forth above. The Agreement or the appropriate attachment(s) hereto, shall be modified to reflect any such changes. This agreement replaces contract that was signed in 1982 between Doane Western and the Iowa City Airport Commission. Exhibit"A"Anti-discrimination provision is attached and incorporated herein. Professional Management Services Farmers National is duly licensed and qualified to provide Professional Property Management Services for the Clients. The Clients desire Farmers National to provide such services under the terms and conditions set forth herein. Such services shall include, but shall not necessarily be limited to those set out in the Professional Management Services section,attached. The parties acknowledge that this Agreement does not attempt to include all of the details relative to the Professional Management Services provided to the Clients,but it is intended to provide a general understanding of the duties and responsibilities of the parties. Term of Agreement This Agreement shall take effect on the date set forth below, and shall remain in full force and effect thereafter until terminated in writing by either party,by giving the other party advance written notice of termination between August la and September 306 of any calendar year. Such notice shall cause the Agreement to be terminated effective March l'`of the following calendar year,unless otherwise mutually agreed between the parties. If this Agreement is terminated by the Clients, they agree that, for a period of one year following the effective date of termination, they will not directly or indirectly enter into a management agreement or similar relationship with any employee or former employee of Farmers National. This limitation shall apply only to employees or former employees of Farmers National who have personally participated in providing management services to the Clients during the term of this Agreement. -1- ' Agency Relationship It is mutually understood and agreed that the relationship between the Clients and Farmers National shall be that of Principal and Agent. The Clients acknowledge having been provided with the Agency Relationship Disclosure that accompanies this Agreement. The relationship of Principal and Agent shall be limited to the particular Management Services contracted for hereunder. As so limited,the duties,responsibilities,and authorities of the parties hereto shall be governed by the Laws of Principal and Agent in effect in the state where the Property is located. Management Fees Management Fees will be based upon the type of management service selected by the Clients. There is a flat fee arrangement for Tailored Management Professional Agricultural Services and a percentage fee arrangement for Complete Professional Agricultural Management Services. The Clients shall designate the preferred arrangement on the Management Fee schedule attached hereto,and incorporated herein. Percentage Fees The Clients agree to terms and conditions set forth in Attachment 1 if complete Professional Agricultural Management Services is selected. Clients agree to pay Farmers National a base fee. Base fees are structured upon the anticipated ongoing volume of management activities to be Performed- The base fee to be paid by the Clients is set out under the Complete Professional Agricultural Management Services attached. The Clients agree to pay Farmers National percentage fees based on the gross farm income and are charged in addition to the base fees. Percentage fees are charged and collected as income is received. All income is to be paid directly to Farmers National so that it can be properly accounted for. Percentage fees are based upon the lease type or operating arrangement utilized on the Property during the farm year, and is set out under the Complete Management Services attached. If this Agreement is terminated, the Clients agree to make a final percentage fee payment to Farmers National,based upon the estimated inventories of crops and/or livestock as of the effective date of termination. The final percentage fee shall be due and payable on or before the effbctive date of termination. In the event the Property is sold and the transaction is closed during the term of this Agreement,management fees shall be prorated to the date of closing. Flat Fee The Clients agree to the terms and conditions set forth in Attachment 2 if a Tailored Professional Agricultural Management Service is selected: The Clients agree to pay Farmers National an agreed upon flat fee to perform the specific agricultural services set forth on the Tailored Agricultural Management Services sheet attached hereto and incorporated herein. The Clients acknowledge that this fee is based upon an estimate of the time to be required in providing the services selected by • the Client,and the hourly rates determined by Farmers National. A flat fee shall be determined for each farm year(March 1 to February 28)that this Agreement is in effect While the fee may remain the same for subsequent farm years, the Clients understand and acknowledge that Farmers National may determine that a fee adjustment may be necessary for future farm years. If Farmers National determines that an adjustment is necessary, they shall notify the Clients in writing, between August 1 and September 30th. If the parties are unable to agree upon the fees to be charged during the upcoming farm year,this agreement shall be terminated effective March 1" of the following year. Flat fees shall be billed to the Clients, at times mutually agreed upon between parties,and set forth on the Tailored Management Services schedule. The Clients may add additional Tailored Management Services during the term of this Agreement. If they do so,the parties will agree upon an additional flat fee to cover the additional services to be provided by Farmers National. -2 ' Accounting Farmers National will perform all of the accounting associated with the management of the Property, in conformity with its usual and customary accounting practices, and in accordance with any specific guidance provided by the Clients on the Special Accounting Instructions sheet, attached. Specialized or customized accounting activities may be subject to an extra charge. It is mutually understood and agreed that whenever Farmers National Company pays for items or services that are needed for the management or operation of the Property,the Clients will promptly reimburse Farmers National. With respect to major improvements,however, Farmers National shall confer with and obtain the prior approval of the Clients before commencement of the project. The Clients may provide for their funds to be held in an interest bearing trust account. If so desired, the Clients shall execute the Interest Bearing Account Authorization Addendum form,attached. If the Clients have directed Farmers National Company to utilize an interest bearing account in the management of the Property, Farmers National may secure reimbursement for the costs of such items or services from funds available in said account. If no such account is utilized,or if the funds in the account are insufficient to cover the payments made,Farmers National will advise the Clients of the amount due on the accounting statement sent to the Clients at the end of the month. The Clients will reimburse Farmers National for the full amount due upon receipt of the statement. In the event that reimbursement is not received when due,the Clients agree to pay a service charge to Farmers National. Insurance Farmers National Company realizes the importance of protecting the assets of our client's farm property and one such protection is the procurement of a liability policy in the client's name. Therefore, the Client is required to obtain(if not already in effect) a liability policy with a minimum $500,000 limit within thirty days of the execution of this Agreement. Declaration of Authority & Power of Attorney The Clients, by executing this Agreement, grantthe authorized employees of Farmers National access to any relevant governmental records pertaining to the Property and germane to its professional management. In addition, the authorized employees of Farmers National are authorized to act in the name, place, and stead of the Clients with respect to the professional management of the Property. The authorized,employees of Farmers National are vested with full power and authority to do and perform all actions necessary or appropriate to the professional management of the Property. This shall include the execution, delivery and/or recording of any leases,documents,forms,or other papers,as fully to all intents and purposes as the Clients might or could do,with full power of substitution and revocation. The Clients ratify and confirm all that the duly authorized employees of Farmers National lawfully do or cause to be done on behalf of the clients. The Clients agree to give Farmers National any additional Powers of Attorney needed to professionally manage the Property in the manner described herein. This may include, but is not limited to, Powers of Attorney required by government agencies for participation in government programs. Successors in Trust This Agreement.shall be binding upon the heirs, successors, assigns, or personal representatives of the parties hereto. -3- r ' s Effective Dates This Professional Management Services Agreement is entered into and between the parties on January 26,2006 Professional Management services shall commence on: 1st day of March 20_06 Legal Description of the Property State: Iowa County: Johnson Approximate Acres: 219.4 Legal Description: Cropland acres at the Iowa City Municipal Airport located in Sections 15, 16,21,&22. All Township 79 North—Range 6 West of the 5th P.M. Attachments: • This Professional Management Agreement provides the following services and fee arrangements for the above property: [ J ] Complete Professional Agricultural Management Services and Fees(Attachment 1) [ ] Professional Hunting/Fishing Management and Fees(Attachment 3) [ ] Professional Mineral Management and Fees (Attachment 4) Addendums: [ J ] Interest Bearing Account Authorization(Addendum 1) [ ] Special Accounting Instructions(Addendum 2) [ J ] Principal Correspondent Designation(Addendum 3) [ ] fie': • Clients City of Iowa City i\ Si afore: V / I� Signature: Acceptance� By Farmers National Company Nom Signature: `1r---Ciff -4- CLIENT INFORMATION Type of Ownership: [ ] Single '[ ]Maple [ ] Corporate [ ]Partnership [ ]Trust [NE ]Other: Municipality (For all Partnership,Corporate,&Trust Ownership: Please list each individual owner Bane&percent ownership for insurance purposes) AB#400696 ' City of Iowa City 42-6004805. 100% Name Tax ID Number %of Ownership Iowa City Airport Commission Municipal Airport Iowa City Iowa 52240 Address City 1 State Zip Code f . ) ( 319, 356-5045 ( 1 Home Phone Number Office Phone Number Fax Number Email address AB# Name Social Security or Tax ID Number %of Ownership (chis number will be used for IRS reporting) Address City State Zip Code Spouse's Name Spouse's Social Security or Tax ID Number Spouse Date of Birth ( 1 ( 1 ( 1 Home Phone Number Work Phone Number Fax Number Email address Date of Birth i AB# Name Social Security or Tax ID Number %of Ownership (This number will be used for IRS reporting) 1 Address City State Zip Code Spouse's Name Spouse's Social Security or Tax ID Number Spouse Date of Birth I ( ) ( 1 ( 1 Home Phone Number Work PhoneNumher Fax Number Email address Date of Birth -5- r • 5-r . Agency Relationship Disclosure It is mutually acknowledged between Farmers National and the Clients that Farmers National will act exclusively as the agent of the Clients hereunder,and not as a Tenant's agent or dual agent As such,Farmers National's duties and obligations shall be as follows: 1. To perform the terms of the Professional Agricultural Services Agreement made with the Clients; 2. To exercise reasonable skill and care for the Clients; • 3. To promote the interests of the Clients with the utmost good faith,loyalty,and fidelity,including: a. Seeking rental terms which are acceptable to the Clients,except that FNC shall not be obligated to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease; b. Presenting all written offers to and from the Clients in a timely manner regardless of whether the property is subject to a lease or a letter of intent to lease; • c. Disclosing in writing to the Clients all adverse material facts actually known by FNC; and d. Advising the Clients to obtain expert advice as to material matters about which the FNC knows,but the specifics of which are beyond the expertise of FNC; 4. To account in a timely manner for all money and property received; 5. To comply with all requirements of any. applicable Real Estate License Act, and any rules and regulations promulgated pursuant to such act and 6. To comply with any applicable federal,state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes and regulations. Farmers National acting as the Clients'agent shall not disclose any confidential information about the Clients unless disclosure is required by statute,rule, or regulation or failure to disclose the information would constitute fraudulent misrepresentation. No cause of action for any person shall arise against Farmers National acting as'Client's agent for making any required or permitted disclosure. Farmers National acting as Clients'agent owes no duty or obligation to a tenant,except that Farmers National shall disclose in writing to any tenant all adverse material facts actually known by Farmers National. The adverse material facts may include adverse material facts pertaining to: 1. Any environmental hazards affecting the property which are required by law to be disclosed; 2. The physical condition of the property; 3. Any material defects in the property; 4. Any material defects in the title to the property;or 5. Any material limitation on the Clients'ability to perform under the terms of the lease. Farmers National owes no duty to conduct an independent inspection of the property for the benefit of the tenant and owes no duty to independently verify the accuracy or completeness of any statement made by the Clients or any independent i nspector. Farmers National may show alternative properties not owned by the Clients to prospective tenants and may identify competing properties for lease without breaching any duty or obligation to the Clients. Farmers National may not designate or retain the services of any other broken as subagents, without the express written consent of the Clients. Any such subagents so retained shall be compensated, if at all, by Farmers National, and not by the Clients. Any designated broker who is acting as a subagent on the Clients' behalf shall be a limited agent with the obligations and responsibilities set forth above. The Clients acknowledge having been provided with any Agency Disclosure information prepared by the State Real Estate Commission having jurisdiction in the state where the property is located,if providing such information to Clients is required. Additional information specific to state regulation may be attached. ❑ Nebraska Real Estate Disclosure 0 Missouri Real Estate Disclosure 0 South Dakota Real Estate Disclosure 0 Ohio Real Estate Disclosure ❑Other. -6- -Attachment 1- Complete Professional Agricultural Management.Services The Professional Agricultural Management Services that Farmers National will perform are as follows: • Complete detailed analysis of farming operation and provide recommendations. • Analyze applicable Government Farm Program considerations and provide recommendations. • Develop an annual operating plan and budget including capital improvements,if applicable. • Make recommendations regarding farm or ranch operators as needed. • Analyze alternative lease types or operating arrangements. • Negotiate and prepare an annual written lease or operating agreement. • Prepare and implement necessary crop and/or livestock marketing plans. • Conduct regular inspection visits to the farm and/or meetings with the operator followed by written reports. • Provide financial reporting services including periodic and annual reports to the Clients. Payment of Real Estate Taxes O Farmers National to pay Real Estate Taxes from Client Account before they become due at no additional charge • Ed Client to pay. Crop Marketing Directions Unless otherwise directed by the Clients on a case-by-case basis,the.Clients direct Farmers National to handle the marketing of crops as follows: harvest. Sell crops❑ at O Market according to Farmers National's recommendations 0 not handle marketing 0 Consult with the Clients prior to sale The parties have mutually agreed to the following additional arrangements relative to the services to be provided Agricultural Services Management Fees Fees' The Clients and Farmers National have agreed to the following Agricultural Services Management : 1. Base Management Fee: $600 per year 2. Percentage Management Fees: a.Cash Rent Lease—8% e.Custom Operating Agreement—8% b.Bushel Rent Lease--9')/o f.Rental House—20%. c.Blended Share Lease--9% g. Sale of Previous Crop Inventory--5% d.Crop Share Lease— 10% fees for each farm listed. 3. A minimum yearly fee of$1,000.00 shall be charged as part of the foregoing Base fees will be collected annually in February of each farm year this Agreement is in effect. In cases where a Property is operated with multiple lease types and/or operating arrangements, Percentage Management Fees shall be calculated based upon the dominant lease type in use on the farm during the farm year. The dominant lease type shall be determined based upon where the majority of the farm income is derived. All percentage fees will betaken as income is received. _ .. ! Clients 214-Sir City of Iowa City Signature: Signature: Acceptance By Farmers National Compa ..C1 - ny Signature • -Addendum 1- Interest Bearine Account Authorization This will be a pending account until money is received to open the account. The Clients,by executing this authorization in the space provided below,direct Farmers National to deposit funds drawn from income and moneys collected on their account into an interest bearing account. To the extent required or allowed by law,the characteristics of the account shall be as follows: 1. None of the interest earned on the funds in the account shall belong to, or otherwise inure to the benefit of .' Farmers National. 2. The funds in the account shall not be commingled with any funds of Farmers National. 3. The account shall be a demand type account. 4. The account shall be federally insured. 5. The account shall be open to audit or examination'at all reasonable times. 6. Where required by applicable local law, Farmers National shall notify any appropriate regulatory agencies of the existence of the account. 7. The account shall be designated and identified as a trust account. The clients understand and agree that administrative fees may be charged by the financial institution handling the account. The amount of any such fees shall be disclosed in advance to the client. The client hereby requests and authorizes Farmers National to pay all expenses incurred in the professional management of the Property out of Farmers National's non-interest bearing trust account. The parties acknowledge that the foregoing provisions shall replace any previously executed Interest Bearing Account Authorization. r_ t. .. :.f » Clients City of Iowa City Olc Signature: / `�v^ t'I Thi �� Signature: This addendum pertains to the Agricultural Services Agreement entered into between the parties on January 26,2006 6. Addendum 3 Principal Correspondent Designation . The Clients will identify certain matters that they desire to be specifically informed about, and will indicate to Farmers National circumstances wherein they desire to be consulted prior to the making of final management decisions. To accommodate these situations,the Clients wish to designateill then the following aindiviand consual as thet Principal the Correspondent. The parties acknowledge that the Principal Correspondent other Clients,and will communicate their decisions and recommendations to Farmers National. Principal Correspondent: City of Iowa City I AB#400696 All Clients are to be sent routine periodic accounting statements,narrative reports, and other similar information, except those identified below Client: Client: Client: In addition to the Clients, please send routine periodic accounting statements, narrative reports, and other similar information to the following Additional Correspondents(Limit 3): Additional Correspondent Address: Phone: Email Address: Additional Correspondent: Address: Phone: Email Address: Additional Correspondent: Address: Phone: Email Address: L_,_ This addendum pertains to the Agriculturalanuary Servic2s .2006 (initials) (Initials)Agreement entered into between the parties on "�-- _ mBot+) (halals)� �) 2-1-V6 Zn eiy4i-anaget9,60tey JAon2; .4 47Oe0 , ! % .%� if / /if i S l d a_Riepeccid,„e„ „,theste-- -u '' ; X so2o775 SI 9-jjgJYsY 9 F iY+ ? +tti �'' t t s✓ j rr a^ e KSR "P+y+"ra I t 1 5 r��*,x,±r' M 1 /"'iG 'i^¢yy _ 'C/ �''dxr+,Y» �'Vy.W{ ie r e�.✓.4r:�Y }y y 'w b, 4 -.` ✓-,l r, • aYJ , Fi ygy 3F r. r1.07eAuty ) t.2:202-4-".1.224-,Qt-4411-', nr!' 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D4 METRO PAVERS Johnson County Iowa 2006 KENNEDY PAUL M 0 ::ot http://www.johnson-county.com/servlet/com.esri.esrimap.Esrimap?ServiceName=emapOv&Clie... 8/30/2006 4I.uutSUu L.Uluuy vto VULLIV A ogv A %AL A N Johnson County GIS Online \ , \ Illieisin CITY OF IOWA CITY I L* I LYTLE,LOUISE E ■■11 la CITY OF IOWA CITY KENNEDY'S WATERFRONT ADDITION-PART THREE CITY OF IOWA CITY IOW THE I I I ESTATE JAVA.LLC I Legend IOWA CITY WADE,PATRICIAN CITY OF-IOWA CITY I Legend I Highlighted • I Feature SA I LAKE ADDITI0 Polibral ❑ Boundaries SAND ROAD INVESTORS \ STEVENS DR ❑ SubdWsions N' i -- to ® Sehdiasion Poly T N' 0 TEMP N Ft / REPLATTING OF LOTS 7AND 8, '(D LAK ADDITION m xi Csrierfines / -1 1 Ca Centerline Labels / I THE CROLARGROUP LIS KSG i langi �� GERARD,KENNETH A TR * LAMAR ADVERTISING Johnson County Iowa 2000:*. i http://www Johnson-county.com/servlet/com.esri.esrimap.Esrimap?ServiceName=jcmapOv&Clie... 8/30/2006 w ORIGINAL • AIRPORT MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into by and between the Iowa City Airport Commission (Commission) and Jet Air, Inc. (Jet Air) in Iowa City, Iowa. WHEREAS, the City of Iowa City (City) owns the Iowa City Municipal Airport (Airport) and whereas the Commission is authorized to manage and operate the Airport and whereas Jet Air is the current FBO at the Airport and whereas the Commission desires to contract with Jet Air to manage on a short-term basis certain maintenance and operations at the Airport. NOW THEREFORE, it is hereby understood and agreed between the Commission and Jet Air that: 1. Manager. Jet Air is hereby designated the Manager of the Iowa City Municipal Airport for the period of time as herein specified. Jet Air shall identify a responsible person, acceptable to the Commission, as company representative at the Airport. The Airport Manager shall not be an employee of the City of Iowa City but shall be an independent contractor in accordance with the provisions of this Agreement and shall report to the Commission's Chairperson. As defined in this Agreement, "Commission" shall mean the Iowa City Airport Commission Members appointed by the Iowa City, City Council. It is understood and agreed that Jet Air shall be under the general supervision of the Iowa City Airport Commission Chairperson or his/her designee. 2. Term. Except as otherwise provided herein, the term of this Agreement shall be from September 1, 2004 until June 30, 2005. Thereafter this Agreement shall automatically be renewed on a month-to month basis. Either party may propose renegotiation of this Agreement in writing at anytime. The item (s) to be renegotiated may be effective either during the term of this Agreement or beyond the term of this Agreement. All renegotiated items must be agreed to by both parties. The Commission shall not be obligated to pursue negotiations solely with Jet Air. This Agreement is not assignable to any third party. 3. Termination. Either party may terminate without cause this Agreement with thirty (30) days written notice or as mutually agreed to by the parities. This Agreement shall automatically terminate if a "Fixed Base Operator's Agreement" between the parties is terminated by default or allowed to expire. 4. Duties. That the airport management duties of Jet Air shall include, but not be limited to the following: A. To actively promote the advancement of safety of aviation at the Airport. B. Notify the Commission of the violation of any and all rules, regulations, safety policies, or ordinances of the Commission, City, and/or the State of Iowa and/or the United States Government of which it has knowledge; C:DOCUAdE-IVSDuIekWOCALS-1\Temp\TempMgtAgmUeW4pinaLdoc Page 1 r C. Jet Air will report and be responsible to the Commission Chairperson. Periodic reports will be made to the Commission when requested. Minimum information to be covered are use and operation statistics, recommendations for improvements and other relevant information as may be from time to time required; ID. With assistance of Commission employee(s), manage the general upkeep and maintenance of the airport; E. To inspect and correct or arrange repair of any malfunctioning safety or communication equipment owned by the City and located at the Airport, within forty-eight (48) hours after having received notification of a malfunction of any safety or communication equipment to the extent that the replacement or repair of any malfunctioning device or equipment is less than $2,500.00 and provide to the Commission an invoice, bill, or receipt for said repair; F. To report to the Commission Chairperson within forty-eight (48) hours the inability of repair, corrections or alterations of said equipment; G. To close the Airport when, in the judgment of Jet Air, said closing is necessary for safety reasons. Jet Air will notify the Commission Chairperson in as reasonable timeframe upon decision to close the Airport; H. Jet Air shall adhere to Commission purchase requisition and purchase order system; I. To coordinate information to the Commission in its preparation of the Airport budget; J. To assist, at the direction of the Commission Chairperson, the compilation of pertinent information for development projects which involve the Iowa Department of Transportation and the Federal Aviation Administration and to advise the Commission Chairperson on said development projects as from time to time as may be necessary; K. To notify the Commission Chairperson of any special event requests and the general parameters of the event; L. With assistance of Commission employee(s), Jet Air shall manage all maintenance and operational activity at the Iowa City Municipal Airport including mowing, snow removal as provided in Paragraph 6 below, equipment maintenance, structure maintenance, runway lights, and other normal maintenance and operational tasks consistent with accepted airport maintenance and operational standards. The Commission will provide the necessary equipment needed to perform the services specified in Paragraph 4 herein, including all parts and supplies necessary for"minor repairs to structures and equipment. C:\DOOOME—I'SDulekll.00ALS-1\temp\TempMglAgmtletAuFioaldoc Page 2 The Commission retains the responsibility to manage and collect rents. M. To facilitate the use of the meeting room on the top floor of the Airport Terminal consistent with the rules adopted by the Commission. • 0. Jet Air shall assist the Commission with snow removal as provided in Paragraph 6 below. 5. Commission Emplovee(s). Consistent with its duties to manage the day-to-day operations of the Airport, Jet Air will manage the day-to-day duties and responsibilities of the Commission employee(s) and establish their work priorities. Jet Air shall not discipline said employees and shall have no authority to grant or deny vacation or other time off for said employees. There is no employer-employee relationship between Jet Air and said employees. 6. Equipment. The Commission shall provide the following City equipment for Jet Air's use in pursuing these maintenance tasks: a. Pickup truck and blade b. Tractor with following attachments, blade, loader and mower c. Skid Loader d. Snow fence e. Hand and riding mowers f. Fuel and parts for the above Jet Air shall not use the equipment listed above until the Commission trains Jet Air employees, who shall be Ron Duffe and one other employee designated by Jet Air, on the use and operation of said equipment. With regard to snow removal, Jet Air shall not plow or remove any snow on the "air side" of the airport, defined as the runways and approaches. The Commission shall consult with Jet Air on a regular basis as specific equipment needs arise. The Commission shall provide for maintenance of this equipment, except for minor repairs as above stated. 7. Maintenance. With assistance of Commission employee(s), Jet Air shall determine specific maintenance tasks and their scheduling. Jet Air shall not knowingly destroy or otherwise injure any City equipment assigned for its use, and will assign only qualified employees to operate the equipment. 8. Fee. As compensation for such services rendered by Jet Air, the Commission shall pay Jet Air a monthly fee in the amount of $1,500.00 beginning September 1, 2004. Payments for September 2004 through December 2004 are due within fifteen (15) days of execution of this agreement, and all succeeding payments are due on the first day of the month. For emergency operations, including snow removal, in addition to the monthly amount as herein stated, the Commission shall reimburse Jet Air for any additional employee costs agreed to, in advance, by the Chairperson or his/her designee. Reimbursement requests by Jet Air to the Commission shall include necessary details of the additional employee costs including but not limited to name of the employee, date and time the extra work was performed and the amount the employee was paid for this extra work. Jet C:IDOCUME-11SDulek LOCALS-1\Temp\empMgtAg"aletA"PinaLdoc Page 3 7 Air shall promptly provide the Commission with a standard schedule for said costs. 9. Nondiscrimination. Jet Air for itself, its heirs, personal representatives, and successors in interest, as a part of the consideration hereof, does hereby covenant and agree that Jet Air shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Program of the Department of Transportation, and as said regulations may be amended. Jet Air shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 10. Landing Area- General Aviation Provisions The Commission reserves the right, but shall not be obligated to Jet Air to maintain and keep In repair the landing area of the Airport and all the publicly owned facilities of the Airport, together with the right to direct and control all activities of Jet Air in this regard. The Commission reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the Airport as it sees fit, regardless of the desires or views of Jet Air and without interference or hindrance. The Commission reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent Jet Air from erecting, or permitting to be erected, any building or other structure on the Airport. The Commission shall have the right to enter into an agreement with the United States Government or the State of Iowa for military aircraft or naval use of part or all of the landing areas, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provision of the agreement with the government, shall be suspended. 11. Indemnification. Except for liability arising out of gross negligence or intentional willful misconduct, the Commission shall release, acquit, and forever discharge Jet Air, its officers, agents, and employees from all liability arising out of or connected with the use of City equipment or Jet Air personnel while performing the duties related to this Agreement. The Commission further agrees to indemnify, defend, and hold harmless Jet Air, its officers, agents, and employees against any and all claims, of whatever description, arising out of or connected with such use of City equipment or performance of duties related to this C:\DOCUME-PSDuIekLOCALS-L\Temp\TempMgtAgmtutAGFlnaLdoc Page 4 Agreement, except for liability arising out of gross negligence or intentional willful misconduct. 12. Insurance. Jet Air shall at its own expense procure and maintain general liability and casualty insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Comprehensive General (or Premises) Liability - $1,000,000 per occurrence and $2,000,000 aggregate. Jet Air's insurance carrier shall be A rated or better by A.M. Best. Jet Air shall name the Commission and the City of Iowa City, as additional insured. Jet Air shall furnish the Commission with a Certificate of Insurance effecting coverage required by this agreement, and said certification shall provide for thirty (30) days notice of any material change or cancellation of the policy. Jet Air shall provide its employees with workers compensation coverage as required by Iowa law. 12. FAA. This Agreement shall be subordinate to the provisions of any existing or future agreement between the Commission and the United States relative to the operation or maintenance of the Airport, the execution of which has been, or may be, required as a condition precedent to the expenditure of federal funds for the development of said Airport. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this t day of FG b v t►4 y 2005. IOWA ITY AIRPORT COMMISSION JET AIR, INC. BYIChairm BY i�✓ / Randy H rtwig, Chain Date 1 - i ' 0`3" Date /-/ ? 3.s� Approved by: Date l t City Attorney's Office C.\DOCDMp I\SDWek\LOCAIS-1\Temp\TempMgtgmtletAirpinuldot Page 5 IOWA CITY MUNICIPAL AIRPORT VEHICLE PARKING POLICY DEFINITIONS: VEHICLE: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, whether or not licensed for the current year. (1978 Code §24-102; amd. 1994 Code; Ord. 00-3954, 12-19-2000; Ord. 01-3963, 4-3-2001) INOPERABLE/OBSOLETE VEHICLE: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: A. Any vehicle or part of a vehicle with a broken windshield or any other broken glass. B. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top or tailpipe. C. Any vehicle lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. D. Any vehicle or part of a vehicle which is a habitat for rats, mice or snakes or any other vermin or insects. E. Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety. F. Any vehicle that is not capable of moving in both forward and reverse gears. SHORT TERM —Any period not exceeding 24 hours INTERMEDIATE TERM — Period lasting longer than 24 hours but not exceeding 5 consecutive days LONG TERM — Period Lasting longer than 5 days, but not qualifying as Transient Long Term TRANSIENT LONG TERM —Vehicles located at the airport for the purposes of transporting frequent aircraft passengers to and from the Iowa City Municipal Airport The Iowa City Airport has 3 areas surrounding the Terminal Building which have parking spaces marked. These area are broken down into 3 categories: Long- term, Short-term, and FBO /Staff. Proximity to each other results in the capabilities of overflow from one are being contained in either of the other lots. See attached map for layout The following are the fees and requirements to park vehicles at the Iowa City Municipal Airport: Short Term Parking: Under 24 hours — nothing required. Vehicles shall be parked in spaces along the short term lot. Intermediate Term: Vehicles will be registered with Airport or FBO personnel. Registration shall consist of Name, Address, and Phone Number. During Winter Months, Spare Key or other means of vehicle movement shall be left to accommodate snow removal plans. During Summer months, Spare Key will be left for movement of vehicle to accommodate possible construction projects. Vehicles shall be parked in the Short Term Lot with overflow to the Long Term Lot as necessary Long Term: Vehicles will be registered with Airport or FBO personnel. Registration shall consist of Name, Address, and Phone Number. During Winter Months, Spare Key or other means of vehicle movement shall be left to accommodate snow removal plans. During Summer months, Spare Key will be left for movement of vehicle to accommodate possible construction projects. Vehicles will be parked in the Long Term Lots. Operators will purchase a placard to be placed in a visible location and will be based on the following price schedule. Rates for Long Term Parking 1 Week - $5 2 Weeks - $10 3 Weeks - $15 1 Month+ - $20 Transient Long Term: Vehicles stored at the airport for purposes of transporting frequent visitors shall be registered with Airport or FBO personnel. Registration shall include Vehicle Owner, Primary Contact, Address, and Spare Keys to move the vehicle for Snow Removal or Construction. A Parking Placard will be purchased for the fee of$120 and shall be good for 1 year. This parking Placard will be valid based on the Calendar Year and the 1st Year will be prorated based on purchase date. 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Parking Area Layout w.t .t JKIAL V f Eastern Iowa Airport BAY fundamental ��� 111 � needs4 - ilk branding changes -` The Eastern Iowa Airport is one of the few entities in the dux76i, of Corridor that not only serves as a major economic engine for vs/, the region,but also as a defining part of what makes the `i _ _ Corridor a regional entity. m -„ - 1,� „ Despite these special attributes it continues to be plagued with significant branding challenges_ We were pleased that the airport was recently awarded a COMMENTARY ' $200,000 marketing grant by the U.S.Department of Transportation to encourage potential passengers in the Fifteen in 5's idea no. 6 �" Corridor to use that airport instead of traveling to others nearby. Fifteen ideas for Linn County were While the;11 The fundamental reason why Corridor passengers use unveiled on May 11,2005,as part Energy other airports,particularly those living outside of Cedar of the Fifteen in 5 community efficiency and tin Rapids and Linn County,is a lack of ownership.This is a planning process. and tin direct result of the flawed namingof the able energye sup lesser ext the L and to a Representatives from the 21- leaders havetakei extent, airport's control. member Fifteen in 5 Until 1997,the airport was known as the Cedar Rapids Selection Committee the comp `',' Municipal Airport The name was changed at that time to pids Area Cedar Ra Chani 4,1 The Eastern Iowa Airport''to better reflect the area the airport Chamber of Commerce 4000 serves, according to the facility's web site. and The Greater Cedar :,= gm ._ That change-from a very parochial name to something Rapids Community I crop II too geographically vague--might have been made for valid Foundation unveiled the in"** tenant et marketing reasons,but it missed the mark. 'Eastern Iowa' ideas,marking the culmi-refer to just about anywhere between Iles M°ides and nation of more than eight etltan the Mississippi River. months of work by N hun-the Bakshl dials of local citizens. s"assoraat(with cite tk We had originally thought that the Cedar Rapids/Iowa City Novak Design i roup of addict Corridor Regional goodDozens of ideas were Cedar Ilapkts. yip Airport would be a new name but and tri with the recent death of lames Van All debated in the open Allen,it seems much motet fitting that it be changed to the James Van Allen Regional forum, which was the hallmark of with profits project the process.The Airport.This will not only give people in the Corridor, finalized list left one A local precede a better sense of idea on the borderline at No. 16: by Jim Dehlsen,et particularly those in Johnson County, ownership by honoring this great man,it will also help Make DanCounty a nationwide of Clipper Windy[ to market the airport model foret71i nergy efficiency by estab- located a$22tn The other piece of the bran fishing a goal of reducing energy per plant in Cedar Raj ding puzzle is actual control. capita and developing standards for stable new jobsei4 The airport is owned by the City of Cedar Rapids and is controlled by a commission whose members are appointed At govern rust the dea sounds, eofn tgy creates$20 per by the city's mayor.This has worked well,but we feel a first the ideanfounds like the mayor job broader airport authority is more appropriate. mission statement for a group of mayor will tellyoui Modeled on many other similar airport authorities,a tree-hugginggloactivists, but today's g'u equally eta Corridor Regional Airport Authority would be an-inde end- in elmarketplacet'is notwhatitwas n rent the itn ent,governmental entity responsible for the operation of theeen months Conference sp t The Eastern Iowa Airport and the Iowa City Municipal Fifteen months have passed since na ion's o al ale Airport.The board of directors,composed of business and the ceremonial unveiling.Gas prices don. The total of r community leaders,would be the have since doubled and the nation's Envi The wnfet governing bodq.It would single largest source of domestic Environmental Pn be important to have broad representation from across the Corridor,but the three current members of the Eastern Iowa crude oil in Alaska could be shut study which showy Airport Commission should retain their seats.It is vitallydown due to a bad business perspective, green square-foot invasin important that this board be small-no more than seven From s oa know wenewgreenper results ua l b members-so that its smart investors k°awthat renewable to$70 per � effectiveness is not hampered by too energyn° much bureaucracy. and building green have of 20 years $tuldinj This unique brandingalmost nothing to do with the envi- saves money fortheI opportunity is not only a way for the ronment The outsourcing of U.S. also save moneyfbz' entire Corridor to better embrace the airport,it is a way to" job's and the modernization ofAsiap show that the entire Corridor can work together to further its countries may warrant energy lead lessen the tar' idea 16-was show OA� \ future as a unified region. /� rf'Aor BiA5;pf-Sy tois.f AI A-E ' z7 reervolpasournation'sneetmdustriai veifteerim5projike evolution selves pm►eds,lilse