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HomeMy WebLinkAbout06-11-2020 Airport CommissionIOWA CITY AIRPORT COMMISSION ELECTRONIC MEETING AGENDA ZOOM MEETING PLATFORM THURSDAY JUNE 11, 2020 — 6:00 P.M. Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by joining the Zoom meeting via the internet by going to https:Hzoom.us/meeting/register/tJMudeugrDwiGtcPrDBAlzdKouQYNEUMyU 8 If you are asked for a meeting ID, enter 973 2222 7803 to enter a 'Waiting Room' for the meeting. If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID when prompted. Providing comment in person is not an option. 1. Determine Quorum 2. Approval of Minutes from the following meetings: 5 min' May 14, 2020 3. Public Discussion - Items not on the agenda 5 min 4. Items for Discussion / Action a. Airport Website Update 15 min b. FAA/IDOT Projects: 20 min i. Obstruction Mitigation ii. Terminal Apron/Taxiway reconstruction iii. Runway 25 Threshold Relocation 1. Consider a resolution approving reimbursable agreement with Federal Aviation Administration for relocation of Precision Approach Path Indicator (PAPI) equipment 2. Consider a resolution approving work order with Bolton & Menk for engineering services related to the Runway 25 PAPI Relocation. iv. Fuel Farm Expansion and card reader kiosk replacement 1. Consider a resolution approving service and support agreement with QT POD c. Airport "Operations" 20 min i. Management ii. Budget iii. Events 1. Pancake Breakfast 2. Summer of the Arts Drive -In Movies 'The times listed in the agenda are the anticipated duration of that particular agenda item. The actual discussion may take more or less time than anticipated if you will need disability -related accommodations in order to participate in this programlevent, please contact Michael Tharp, Airport Manager, at 319-356-5045 or at michael-tharp 0iowa-city, org. Early requests are strongly encouraged to allow sufficient tune to meet your access needs. Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 2 of 64 3. Autocross (July 26, Sept 20) d. FBO / Flight Training Reports 10 min i. Jet Air e. Commission Members' Reports 2 min f. Staff Report 2 min 5. Set next regular meeting for July 9, 2020 Consider a motion to enter into executive session "To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation." 6. Adjourn 'The times listed in the agenda are the anticipated duration of that particular agenda item. The actual discussion may take more or less time than anticipated if you will need disability -related accommodations in order to participate in this programlevent, please contact Michael Tharp, Airport Manager, at 319-356-5045 or at michael-tharp Oiowa-city, org. Early requests are strongly encouraged to allow sufficient tune to meet your access needs. Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 3 of 64 May 14, 2020 Page 1 MINUTES DRAFT IOWA CITY AIRPORT COMMISSION MAY 14, 2020 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Warren Bishop, Scott Clair, Christopher Lawrence, Bob Libby, Judy Pfohl Staff Present: Eric Goers, Michael Tharp Others Present: Matt Wolford, Carl Byers, Alex Schmidt, John Moes RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. DETERMINE QUORUM: The meeting was called to order at 6:04 P.M. APPROVAL OF MINUTES: Minutes from the April 9, 2020, meeting were reviewed. Pfohl moved to accept the minutes from the April 9, 2020, meeting as presented. Libby seconded the motion. The motion carried 5-0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Airport Website Update — Tharp stated that John Moes and Alex Schmidt from FUEL are present this evening. He added that they did have a meeting with the City's Communications Director. The decision was made at that meeting to host the Airport's website off of the City infrastructure. Moes then spoke, noting that they are now moving ahead full steam on the project. Schmidt then shared with Members what she has been working on, in order to get some feedback from them. She noted that after tonight's meeting, the team will move to the development phase of the project. Schmidt gave Members a brief refresher of what they have already reviewed and changes that have taken place since the last meeting. Looking at the "Pilot's" page, Schmidt noted that she added a listing of restaurants and lodging, per the Commission's request. There will also be an addition of a diagram for the traffic patterns of the runways. Looking at new pages, Schmidt noted the "Community" page. There will be a highlight of the restaurants, parks, and shops in Iowa City, as well as community links. Schmidt continued to run through the various pages that will be added, noting that they will basically match what Iowa City is doing. Members then discussed other items of interest that could be added to the Airport's website. The FUEL Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 4 of 64 May 14, 2020 Page 2 team then responded to Member questions, further clarifying what the finished product will look like. b. FAAIIDOT Projects i. Obstruction Mitigation — Tharp stated this project is underway again. The contractor is prepping the properties that have had trees removed for reseeding and sodding. This should be wrapped up by the middle of June, according to Tharp. He then reminded Members of a possible phase two, to catch some trees that were missed during the first phase. He will be working with the FAA on this proposed project. ii. Terminal Apron/Taxiway reconstruction — Tharp stated that this project will officially begin this coming Monday. He added that notifications have been sent out and signs have been posted. This project will take care of the pavement next to the terminal building and the adjacent taxiway. Each half of the project is expected to take three weeks. iii. Runway 25 Threshold Relocation — Tharp stated that they are currently waiting for the FAA to give them their reimbursable agreement for the PAPI. Byers stated that he did hear back from Brad Eurie today and he hopes to have things ready in the next few work days. iv. Fuel Farm Expansion and card reader kiosk replacement — Tharp noted that this project is moving forward. He has been in contact with the manufacturer regarding this project. Byers also spoke to what he has been doing in preparation for this replacement project to proceed. C. Airport Operations i. Management — Tharp noted that with the upcoming projects at the Airport, he plans to be in the office more. He noted that he does not yet know the City's time line for reopening its various facilities. He discussed how they might begin to reopen the Airport facilities, such as use of the conference room. ii. Budget — Tharp stated that this is the CARES Act grant he had emailed info about to Members. This grant is for $69,000. Tharp then spoke to the impacts that COVID has had at the Airport, such as a $10,000 hit from loss of fuel sales. He then spoke to how he plans to use this grant money to support the Airport's operating budget. 1. Consider a resolution authorizing Chairperson to sign FAA CARES Act Grant for supplemental operations expenses — Lawrence moved to approve Resolution #A20-11, authorizing Chairperson to sign FAA CARES Act Grant for supplemental operations expenses. Bishop seconded the motion. The motion carried 5-0. iii. Events — Tharp stated the auto -cross that was scheduled for this upcoming weekend has been canceled. The car show scheduled for the end of the month has also been canceled. Tharp stated that there are still two auto -cross dates — one in July and one in September — that are still on the calendar, as is the pancake breakfast. Tharp stated that he and Wolford have been working with Summer of the Arts and the Downtown District regarding summer activities and have suggested a drive-in movie event at the Airport. Wolford said they have suggested this in the past, and during this time of social distancing, it would be very doable. Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 5 of 64 May 14, 2020 Page 3 Members then discussed use of the conference room for small groups and how they might handle this with distance restrictions. FBO / Flight Training Reports i. Jet Air — Matt Wolford spoke to the monthly maintenance reports with Members. Mowing season has started, so crews are busy with that and trash pickup. Speaking to Jet Air's business, Wolford stated that things are still quite slow. In the past week or so, however, there has been an increase in air medical trips. Flight training has been fairly stable, according to Wolford. He also spoke to the COVID-19 safety precautions that they are implementing. e. Commission Member Reports — Judy noted that she dropped off some face masks at the Airport and also got a sign for Tharp's door that says "Airport Manager." Clair asked if there was any follow up on the person who got over a fence at the Airport recently. Tharp stated that he went through the security camera footage and did not see the individual until he was close to aircraft. The individual has been arrested, according to Tharp, and has several charges pending from various incidents. Members spoke briefly to security at the Airport and the need to be vigilant. Pfohl spoke to the City's prairie installations and Tharp responded that the City Parks and Rec did meet with him regarding the small plot of land across from the Airport. Staff Report — Tharp stated that earlier this week he was on a conference call with the DOT, Aviation Bureau. It was a round table discussion on how airports are handling the pandemic and what issues have arisen for them. SET NEXT REGULAR MEETING FOR: The next regular meeting of the Airport Commission will be held on Thursday. June 11, 2020, at 6:00 P.M. in the Airport Terminal Building, via electronic method. ADJOURN: Lawrence moved to adjourn the meeting at 7:02 P.M. Pfohl seconded the motion. The motion carried 5-0. CHAIRPERSON DATE Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 6 of 64 May 14, 2020 Page 4 Airport Commission ATTENDANCE RECORD 2020 NAME TERM EXP. c c c c c N W A N O 0 W N O D A N O N O N O N O N O Warren Bishop 06/30/22 O/E O/E X X X Scott Clair 06/30/23 X X X X X Robert Libby 07/01/20 O/E X X X X Christopher Lawrence 07/01/21 X X X X X Judy Pfohl 06/30/22 X X X X X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 7 of 64 Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Resolution authorizing the Chairperson to execute a Non - Federal Reimbursable Agreement with the Federal Aviation Administration. Whereas, the Iowa City Airport Commission desires to relocate the Precision Approach Path Indicator (PAPI) which is owned by the FAA; and Whereas, the Federal Aviation Administration (FAA) has agreed to provide technical services, consultation, site visits, construction oversight, equipment installation and flight inspection to support the relocation of the displaced threshold of Runway 25; and Whereas, the project will require the relocation of the Runway 25 Precision Approach Path Indicator (PAPI); and Whereas, the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport. Now, Therefore, be it resolved by the Iowa City Airport Commission 1. That the attached Non -Federal Reimbursable Agreement for relocation of the Precision Approach Path Indicator is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to said agreement between the Airport Commission and the Federal Aviation Administration. Passed and approved this day of 2020. Chairperson Secretary Approved by City Attorney's Office Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 8 of 64 It was moved by adopted, and upon roll call there were: Ayes and seconded by Nays Absent the Resolution be Bishop Clair Lawrence Libby Pfohl Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 9 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF IOWA CITY, TA IOWA CITY MUNICIPAL AIPORT IOWA CITY, IA WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of Iowa City, IA (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission; WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(1)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and City of Iowa City, IA. ARTICLE 2. Type of Agreement This Agreement is an 'other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to provide FAA technical services, consultation, site visits, construction oversight, equipment installation support, and flight inspection, etc. to support the relocation of the displaced threshold of Runway 25 to the northeast. This project will require the relocation of the Runway 25 Precision Approach Path Indicator (PAPT). Non -Federal Reimbursable Agreement V89 Page 1 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 10 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 The FAA and the Sponsor recognize that RWY 25 PAPI facility is eligible for replacement as a Target of Opportunity (TOO). A new PAPT system will be provided at no cost to the Sponsor. The Sponsor will install the new PAPI, dispose of the existing PAPI as directed by the FAA. The existing Remote Radio Control System currently interfacing with the existing PAPT will be removed and reinstalled for use with the new PAPI. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: "Engineering Review/Construction Oversight and Flight Inspection for the Relocation of the Runway 25 PAPI at the Iowa City Municipal Airport JOW), Iowa City, Iowa" B. The FAA will perform the following activities: 1) Provide all technical assistance necessary to ensure the Sponsor's project meets applicable FAA rules, regulations, orders, requirements, and standards. 2) Provide all applicable available FAA Records directives, specifications, standard drawings and other information required to assist the Sponsor in designing and preparing the site specific plans and specifications for the project. 3) Review and approve the Sponsor's sighting of FAA facilities, contingent upon the finished grading plan provided by the Sponsor as described in paragraph 3.C.7 below. 4) Ensure that the removal and re -installation of the Runway 25 PAPI is in accordance with FAA standards. 5) Electronically locate and physically mark all FAA power and control cables in the areas affected by the Sponsor's construction. 6) Perform engineering design reviews of the Sponsor's plans and specifications in support of the Sponsor's construction project that affects FAA systems or equipment. The FAA will conduct 50%, 90% and 100% reviews. The FAA will require 21 calendar days for review of the 50% and 100% packages, and 60 calendar days for review of the preliminary 90% design plans submission. The Sponsor's design plans and specifications are not final until the FAA Contracting Officer -has notified the Sponsor that all of the FAA's comments, suggestions, and/or requirements have been incorporated into the design plans and specifications. No work may begin that affects FAA facilities until the design plans and specifications are final. 7) Provide Resident Engineering (RE) services during all construction phases of the project necessary to establish or restore service to affected FAA facilities, Non -Federal Reimbursable Agreement V89 Page 2 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 11 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 systems, and equipment. During the construction phases of the project, it is the RE's responsibility to protect the FAA's interests. In furtherance of this responsibility RE will: a. Be the FAA's primary point of contact for the Sponsor during the construction phases of the project to ensure that all necessary information is coordinated with the appropriate FAA parties; b. Ensure all reasonable efforts are made to minimize the impact to FAA operations and existing facilities; c. Notify required Sponsor and FAA personnel and document significant discrepancies between the approved design plans/ specifications and the actual work performed; d. Notify the Sponsor of any failure of the work or materials to conform to the contract, the design plans and specifications, drawings, and any delays in the schedule; e. Keep a construction diary and weekly status reports on the FAA facilities, systems, and equipment affected by the project; f. Ensure compliance with all FAA rules, regulations, orders, standards, requirements, and agreements; and g. Witness key events in the project such as, but not limited to, the connecting and testing of all FAA power and control field cables and the exothermic welding of grounding, bonding, and lightning protection connections. The RE does not have authority to: h. Revoke, alter, or waive any requirement of the design plans, specifications, or drawings of the Sponsor's construction project; i. Act as the contractor's foreman, or perform any other duties for the contractor; j. Enter into or take part in any labor dispute between the Sponsor and its construction contractor: or k. Participate in, settle, or otherwise decide contractual matters in dispute between the Sponsor and its construction contractor 8) Review and approve the Sponsor's construction contractor's "as -built" drawings for those portions of the project that include FAA facilities, systems, equipment, and infrastructure. 9) Participate with the Sponsor in all Contractor Acceptance Inspection(s) (CAT) involving items affecting FAA facilities for the purpose of identifying any deficiencies requiring correction (also called "exceptions"). 10)Participate in all activities associated with the restoration, replacement, relocation, and/or establishment of any affected FAA facilities, systems, and/or equipment. Non -Federal Reimbursable Agreement V89 Page 3 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 12 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 11) Arrange and conduct all flight inspections to restore FAA systems to service. 12) Coordinate with the Airport Sponsor in order to ensure that National Environmental Policy Act (NEPA) documentation for the project incorporates associated FAA F&E actions. Also, ensure NEPA documentation meets FAA requirements andapprovals. 13) Complete Environmental Due Diligence Audit (EDDA) documentation fDrFAA F&E facilities with real property transaction(s) that are associated with this project. 14) If the FAA finds the new sites acceptable as replacements for the existing sites, the FAA will enter into a no -cost land Memorandum of Agreement (MOA) for the new facilitysites. 15) Ensure that all Sponsor -provided National Flight Data Center (NFDC) data for all FAA Navigational Aid (NAVAiD) facilities associated with this project are submitted for publication. C. The Sponsor will perform the following activities: 1. Provide funding for all activities outlined in this Agreement. 2. Perform all appropriate surveys, engineering design, and construction for the relocation of the impacted FAA facilities and all associated components, including hardware, roadways, and infrastructure. The performance of these activities also includes the establishment of new equipment, associated components, hardware, and infrastructure necessary because of the Sponsor's project. 3. Complete the contract, bid, and award process for the construction phase of the project. All design documents mast be approved by the FAA Engineering Services before the Sponsor may proceed with their bid process. The project's scope of work will include but not be limited to all plot site preparation work (e.g., trenching, grading, filling, foundations, demolition) and the installation of all necessary equipment and associated power, control, and coaxial cables. No work may begin that affect FAA equipment until the project designs and specifications are approved by the FAA contracting officer. 4. Provide a full time technical on -site representative during all construction phases of the Sponsor's project to ensure compliance with FAA provided orders, policies, drawings, specifications and details. 5. Provide a schedule, within 30 days of the effective date of this Agreement, updated monthly, for the following tasks: a. Construction bid Non -Federal Reimbursable Agreement V89 Page 4 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 13 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 b. Construction award C. Construction start d. Construction completion e. Overall Construction sequencing schedule f. RE Services needed start (as outlined in Article 3.C.19) g. RE Services needed completion 6. Provide, via email, to the FAA weekly progress reports with photographs of work in progress, associated with FAA facilities, highlighting significant activities listed in FAA provided specifications. Photographs should provide enough clarity to depict actual site conditions, work progress and quality of work performed. Progress reports will also include schedules of upcoming activities. 7. Provide a finished grading plan (including the latitude/longitude coordinates of centefiine points and elevations to the nearest I' vertical) for facility locations as soon as possible, but no later than 12 months prior to the expected date of the NAVATDs reconfiguration and runway opening. 8. Maintain an adequate inspection system, with records of inspection made available to the FAA upon request. The presence or absence of FAA personnel does not relieve the Sponsor or his contractor from any requirement set forth by the FAA. 9. Verify marked cables by hand -digging at multiple locations in the construction zone to establish cable depth, routing, and location confirmation. Reestablish and restore any FAA facilities impacted by project activities, including that are destroyed or otherwise made unusable by the project. Reestablishment shall be in accordance with specifications provided by the FAA. 10. Procure and install new cables (Power and Ground) and duct/ductbank for the project. Installation shall be done per FAA -provided specifications, orders, regulations and standards. If it becomes necessary to replace cable, then the Sponsor will replace signal, power and control cable with new, continuous one- piece cables along with new conduit, raceways, and duct bank as required. 11. Provide new mounting pad, base mounting hardware, and all cabling in accordance with FAA -provided specifications for all impacted FAA facilities. 12. Sponsor shall install the newly acquired PAPT system, and provide all start-up and testing of the system. It shall be the Sponsors responsibility to demonstrate the PAPT system meets all operating tolerances. 13. Sponsor shall be required to connect all radio controls (air -to -ground) for the implementation of the relocated and replaced PAPT. 14. Repair or replace any FAA facility access roadways, equipment pads, or other FAA paved surface degraded during construction. These repairs or replacements should restore the surfaces to original condition of- better - Non -Federal Reimbursable Agreement V89 Page 5 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 14 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 15. Coordinate with the FAA a shutdown request for the NAVAIDs or runway closure no less than 45 days prior to the start of affecting construction to allow to[ - support coordination and the publication of NOTAMs. A complete construction schedule and construction safety phasing plan must accompany the shutdown request. 16. Ensure that no other activities or projects at the airport, scheduled or otherwise, interfere with the FAA's flight inspection, acceptance testing or other scheduled activities. 17. Provide to the FAA, one Y2 size of drawings, three (3) sets of ANSI size "U' design drawings and specifications in hard -copy format and one electronic copy (with all necessary libraries needed to generate the drawings) and specifications for project construction at the 50%, 90%, and 100% design phases. The FAA will have 21 days to review the 50% and 100% design phases and 60 days to review the 90% design phase. Within 21 days of receipt of the FAA's continents, or within such other period as the parties may agree, the Sponsor will provide to the FAA a written response to each of the FAA's comments, suggestions, and /or requirements. No work may begin that affects any FAA systems or facilities until the FAA Contracting Officer has informed the Sponsor that the drawings and specifications are final. Final drawings will be submitted no later than 30 working days prior to the start of the project. The one'/z size, the three sets and one electronic copy of design drawings and specifications shall be sent to the following address: FAA Central Regional Office ATTN: Matt Sibert, AJW-2C14H 901 Locust St. Kansas City, MO 64106 Phone: 816-329-3536 Email: matt.sibert@faa.gov 18. Provide funding for any mandatory upgrades or modifications to any FAA facility impacted by the Sponsor's project. An example of a required modification is safety -related improvements when a facility is "grandfathered" (i.e., allowed to operate under the original design but required to be compliant with current standards). 19. Notify the FAA Engineering Construction & Installation Manager, via email, 60 calendar days in advance of when FAA RE services are required. FAA RE services will be required when the construction work on FAA facilities or their infrastructure begins, installation services for any facility that requires removal of - relocation. Non -Federal Reimbursable Agreement V89 Page 6 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 15 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 20. Provide a secure and weather -protected dry storage site or facility for all FAA equipment from the time the equipment is removed from its existing location until the equipment is reinstalled. 21. Establish or modify electrical service for any FAA facilities, equipment or system incorporated in the project and pay for any one-time costs incurred. Pay any recurring utility charges until the project is completed and accepted by the FAA. If electrical set -vice for any FAA facilities, equipment, or systems in this project is either established or revised, notify and provide the following information so that the FAA can accept the transfer of the electrical service account: a. Name, address, and phone number of local electrical service supplier; b. Service address, meter number, and account number; C. Related information (e.g., service type, estimated energy consumption, copy of monthly billing charges, etc.); and d. Provide Arc Flash labeling to all FAA equipment. 22. Participate with the FAA in all CAI(s) involving items affecting FAA facilities for the purpose of identifying any deficiencies requiting correction. Correct all exceptions noted in the CAI. 23. At the time of the CAI, provide the FAA with all warranty information and documentation for the work done by the Sponsor's contractor on FAA facilities, equipment, and systems. This information shall include equipment or material provided and cable and grounding/lightning protection system testing. 24. The Sponsor will provide the FAA three (3) sets of "As Built" drawings in hard copy format, (D-Size) and one set in an electronic file using the Microstation format, including library files or format as agreed upon by both parties in writing. The electronic file shall include all the accompanying library files needed to generate a complete set of drawings. The "As -Built" drawings will be delivered to the FAA Technical Officer no later than 30 days after project completion of construction. The Requirement for "As -Built" drawings to be delivered to the FAA shall be in accordance with the milestones established in the project's plans and specifications. If the drawings are not completed and provided to the FAA in this manner, the FAA may, at their discretion, develop the required drawings at the Sponsor's expense. 25. Provide any information on hazardous materials or other environmental conditions that may impact the FAA relocated facilities. The Sponsor agrees to remediate, at its sole cost, all hazardous substance contamination found to impact the proposed FAA facility sites prior to construction. 26. The Sponsor must provide land rights and enter into no -cost land MOA with the FAA for the new or relocated facilities for a 20-year term. This includes, but is Non -Federal Reimbursable Agreement V89 Page 7 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 16 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 not limited to, the new sites and any access roads, cable routes and/or restricted critical areas. The Sponsor mast have an all land rights no -cost MOA, including easements, fully executed between the Sponsor and the FAA prior to the commencement of any construction under this Agreement. 27. The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facilities covered by this Agreement daring its term or any renewal thereof made necessary by airport improvements or changes which in the FAA's opinion interfere with the technical and/or operations characteristics of the FAA facilities will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, funding responsibility shall be determined by the FAA. 28. Collect and provide to the FAA for publication all NFDC data for all NAVAIDs facilities associated with this project at least one year prior to the publication date. 29. Sponsor shall complete Technical Reference Data Record (TRDR) forms 6000-10 for the operation of the PAPi system. Technical requirements for the TRDR can be found in FAA Maintenance Order 6000.15. 29. Submit FAA Form 6000-26 Airport Sponsor Strategic Event Submission Form no less than 45 days prior to the start of construction that will impact NAS facilities, result in a full or partial runway closure, or result in a significant taxiway closure. This form is available on the OE/AAA website. This form may also be used to notify the FAA of any changes to the project schedule. 30. Participate in flight inspections to address systems installed by the Sponsor. 31. Submit FAA form 7460-1, Noticed for Proposed Construction or Alteration prior of the project construction. 32. Submit FAA Forth 6000-26 Airport Sponsor Strategic Event SuGmission Form no less than 45 days prior to the start of construction that will impact NAS facilities, result in a full or partial runway closure, or result in a significant taxiway closure. This forth is available on the OE/AAA website. This form may also be used to notify the FAA of any changes to the project schedule. D. This agreement is in whole or in part futrded with funding from an AIP grant [ ] Yes [ ] No. If Yes, the grant date is: and the grant number is: . If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. Non -Federal Reimbursable Agreement V89 Page 8 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 17 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 4. Points of Contact A. FAA: 1. The FAA, Air Traffic Organization, Central Service Area Center, Planning and Requirements Group will provide administrative oversight of this Agreement. Brad Urey is the Lead Planner and liaison with the Sponsor and can be reached at 817-222-4029 or via email at brad.urey@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, of - other terms and conditions of this Agreement. 2. The FAA Kansas City NAVAIDS Engineering Center will perform the scope of work included in this Agreement. Matt Sibert is the Manager of NAVAIDS Engineering Services and liaison with the Sponsor and can be reached at 816- 329-3536 or via email at matt.sibertCfaa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 3. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Bradley K. Logan who can be reached at 817-222-4395 or via email at brad.loganC faa.gov. B. Sponsor: City of Iowa City, IA Michael Tharp (Airport Manager) 1801 S Riverside Dr Iowa City, IA 52246 Phone: 319-356-5045 Email: Michael-Tharp@iowa-City.org ARTICLE 5. Non -Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA's opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. Tn the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility. Non -Federal Reimbursable Agreement V89 Page 9 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 18 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 6. Property Transfer A. To the extent that the Sponsor provides any material associated with the Project, and to the extent that performance of the requirements of this Project results in the creation of assets constructed, emplaced, or installed by the Sponsor, all such material (buildings, equipment, systems, components, cable enclosures, etc.) and assets will be transferred to and become the property of the FAA upon project completion. For purposes of this Article 6, "project completion" means that FAA has inspected the specific equipment or construction, and has accepted it as substantially complete and ready for use. The creation of an additional agreement will not be required, unless such other agreement is required by the laws of the state in which the subject property is located. The Sponsor and FAA acknowledge by execution of this agreement the FAA will accept the fundamental responsibilities of ownership by assuming all operations and maintenance requirements for all property transferred to the FAA. The transfer of asset(s) will occur on the date the asset(s) is placed in service. It has been determined the subject transfer(s) to FAA is in the best interest of both the Sponsor and FAA. B. In order to ensure that the assets and materials subject to this Article remain fully accounted -for and operational, the Sponsor will provide the FAA any additional documents and publications that will enhance the FAA's ability to manage, maintain and track the assets being transferred. Examples may include, but are not limited to, operator manuals, maintenance publications, warranties, inspection reports, etc. These documents will be considered required hand-off items upon Project completion. Non -Federal Reimbursable Agreement V89 Page 10 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 19 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor W134020 Eno nccring 542,30096 WB4050 Construction $7,652.80 WB4030 Environnumtal S10,000.00 Labor Subtotal 559,953.76 Labor Overhead $9,492.69 Total Labor $69,446.44 Min -Labor WB4050 TSSC (Resident Ens*incer S50,000.00 WB4020/WB4030/WB4050 Engineering dient/Lodgi ng & Environ rrat/Travct Pei- S 13,097.00 WB4020 Drafting, $9,227 52 WB4060 171 i aht Check $6,017.50 MTSC-Supplics 2,000.00 Non -Labor Subtotal S80,342.02 Non -Labor Overhead $6,42736 Total Non -Labor $86,769.38 TOTAL ESTIMATED COST $156,215.82 ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. This Agreement will not extend more than five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non -interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refunds under $1 .00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. Non -Federal Reimbursable Agreement V89 Page 11 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 20 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 C. The Reimbursable Receipts team is identified by the FAA as the billing office for this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt - processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt -processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rut 612 Washington D.C. 20591 Telephone: (202) 267-1307 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incutred as: City of Iowa City, IA Attn: Michael Tharp (Airport Manager) 1801 S Riverside Dr Iowa City, IA 52246 319-356-5045 D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. if during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incutred whether or not a final bill or a refund has been sent. Non -Federal Reimbursable Agreement V89 Page 12 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 21 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in waiting and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the tern- inated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other -party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. § 106(1)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. Non -Federal Reimbursable Agreement V89 Page 13 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 22 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. in the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. in no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VT of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. Non -Federal Reimbursable Agreement V89 Page 14 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 23 of 64 Agreement Number AJW-FN-CSA-20-CE-003632 ARTICLE 19. Protection of information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2.1, Contractor Personnel Suitability Requirements are met. ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the tern -is contained and set forth in this Agreement shall be null and void. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. AGREED: FEDERAL AVIATION ADMINISTRATION SIGNATURE NAME TITLE Contracting Officer - DATE City of Iowa City, TA SIGNATURE NAME TITLE DATE Non -Federal Reimbursable Agreement V89 Page 15 of 15 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 24 of 64 Prepared by: Michael Tharp, Operations Specialist, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Resolution approving project Work Order No. 3 with Bolton & Menk, Inc. for professional services related to the Runway 25 Precision Approach Path Indicator (PAPI) relocation. Whereas, the Iowa City Airport Commission entered into a contract entitled "Master Agreement" with Bolton & Menk on February 22, 2019 to provide engineering services for Federal Airport Improvement Program Projects; and Whereas, Paragraph IV.B of said agreement provides that the parties will enter into supplemental agreements for each project; and Whereas, the Iowa City Airport Commission and Bolton & Menk, Inc. have previously approved Work Order No.s 1 and 2; and Whereas, the Commission and Bolton & Menk, Inc., now desire to enter into Work Order No. 3, a copy of which is attached; and Whereas, it is in the best interest of the Commission to enter into Work Order No. 3 Now, Therefore, be it resolved by the Airport Commission of the City of Iowa City: 1. The Chairperson is authorized to sign, and the Secretary to attest, the attached Work Order No. 3. Passed and approved this day of 2020. Chairperson Attest: Secretary It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office Ayes Nays Absent the Resolution be Bishop Clair Lawrence Libby Pfohl Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 25 of 64 WORK ORDER NO.3 TO PROFESSIONAL SERVICES CONTRACT RA FOR RELOCATING FAA PAPI RUNWAY 25 EXTENSION (UNDISPLACED THRESHOLD) IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA BETWEEN: Iowa City Airport Commission (CLIENT) AND- Bolton & Menk, Inc. (CONSULTANT) EFFECTIVE DATE: June 9, 2020 RECITALS 1. Client operates the Iowa City Municipal Airport (FAA Identifier IOW) located in Iowa City, Iowa. 2. This is Work Order No. 3 to the Professional Services Contract, between Client and Bolton & Menk, Inc. The Professional Master Services Contract effective February 22, 2019, is referred to herein as the "Master Agreement," and is incorporated as if fully set forth herein. AGREEMENT DESCRIPTION The CONSULTANT agrees to provide Coordination Services for the FAA Reimbursable Agreement (RA) to relocate the FAA owned PAPT, required for the 708 ft. undisplacement of the Runway 25 threshold at the Towa City Municipal Airport (herein referred to as the Project). I.A. BASIC SERVICES PROJECT UNDERSTANDING The project involves grant administration services, and FAA RA coordination services, all associated with the relocation of the FAA owned PAPT for the 708 ft. undisplacement to the Runway 25 threshold at the Iowa City Municipal Airport in Iowa City, Iowa. For purposes of this Work Order, the Basic Services to be provided by the CONSULTANT are as follows, VAbmnswl1c4vh FACYIAAT51120028V0_FAA NAVAID Reimbursable Agreement-RWY 725VA_Projcct MunugcmMLV10wu City RA Cnnrdinatian WO Nn. 3 .dncs Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 26 of 64 Iowa City Municipal Airport BMI Project No. T51.120028 TASK I. FAA REIMBURABLE AGREEMENT COORDINATION 1.0 Grant Application and Administration 1.1 Grant Preapplication / Administration Assistance The Application may be prepared after acceptance of the Work Order by FAA and the Client. Preparation of the Application will include the following: • Prepare Federal Grant Preapplication including o SF-424, o Form 5100-100 including Program Narrative, discussing the Purpose and Need of the Work and the Method of Accomplishment and o Sponsor Certifications (total of four) • The CONSULTANT will submit the Application to the CLIENT for approval and signatures. After obtaining the necessary signatures, the CLIENT will forward the signed Application to the FAA for further processing. This task shall also include assisting the CLIENT with necessary project hacking documentation in order to make periodic draws on the grant. This will include: • CONSULTANT Invoices necessary for the grant draw request • Assistance in Processing Grant Reimbursement Forms (i.e. FAA Credit Application Spreadsheet) 1.2 Environmental Review, CATEX (A Finding of No Significant impact and Record of Decision (FONST/ROD) has been completed and accepted by the FAA on July 13, 2018. A CATEX is not required for this project and is not included in this scope of work) 2.0 Coordination with FAA on RA Agreement The CONSULTANT will work directly with FAA, ATO Central Service Center, to initiate, coordinate and administer the Reimbursable Agreement (RA) required by FAA for the Threshold Relocation. This work will include the following: a. Initiate contact with FAA, ATO Central Service Center to inform them of the upcoming threshold relocation at IOW. b. Provide the FAA ATO with the following information for FAA to begin the RA document: • Sponsor (who's paying): • Consultant Name, Company, Phone, E-mail • Agreement POC name(s) (For coordinating scope development and review), including o POC Title o Full mailing address: o Facsimile: o Phone: '\Lumsvitte4h1ACY1A\T51120023\0_FAA NAVAID Reimbursable Agreement - RWY 725\A_Project Management\Iowa Guy RA Coordination WO No. 3 .docz Page 2 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 27 of 64 Iowa City Municipal Airport BMI Project No. T51.120028 o E-mail: o The person most knowledgeable about the project: o The point of contact that will be coordinating finance issues and the exchange of funds to FAA: • Agreement signatory name & title • Sponsor Tax ID Number (please ensure this number is accurate. If not, any refund due may be delayed) • Sponsor DUNS Number • AIP Grant number and date. • Preliminary Scope: o Design Review dates for 60%, 90%, and 100% designs_ o Anticipated Construction start and completion dates_ c. Coordinate and attend a Discovery Meeting with FAA and Sponsor 3.0 Integration of F_A—A PAPI Relocation Documents into Project Documents for Physical Relocation of PAPI System The CONSULTANT will work coordinate with FAA personnel on incorporating FAA documents into project documents (plans and specifications) for physical relocation of the PAPI system for Runway 25. This work will include the following: a. Coordinate with FAA for receipt of FAA standard plans and details for FAA -owned PAPI system for system to be furnished by FAA. These standard details will be furnished by FAA. b. Confirm with FAA final approved location for relocated PAPI system. At this time, the system is anticipated to be new equipment furnished by the FAA. c_ Update and or supplement standard FAA documents for specific requirements and locations of all equipment to fit specific requirements of this installation, to include: • Power source and electrical runs necessary for the system • Exact locations of all units in system (4 light units and control unit) • Location of any required access to new PAPT site and coordination of FAA access requirements 4.0 Coordination of Flight Check of new PAPI system location When the physical installation of the new FAA -owned PAPI system is complete, the CONSULTANT will coordinate the light check of the PAPI system with FAA Flight Check personnel. This will include the following: a. Schedule flight check with FAA flight check services. b. Complete forms requesting light check. c. Coordinate for Contractor of actual PAPT system installation and Consultant representative to be present during light check for adjustments, if required. '\Lurnsvitte4h1ACYIA\T51120023\0_FAA NAVAID Reimbursable Agreement - RWY 725\A_Project Management\Iowa Guy RA Coordination WO No. 3 .docz Page 3 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Iowa City Municipal Airport Page 28 of 64 BMI Project No. T51.120028 5.0 Project Closeout Prepare the closeout documentation in accordance with the AIP Sponsor Guide Section 1600. The CONSULTANT will prepare the closeout document within 90 days of final payment to the contractor. Closeout documentation shall include, but may not be limited to, the following: 5.1.1 Sponsor Cover Letter 5.1.2 Final Project Cost Summary 5.1.3 Final SF-271 Form, Outlay Report and Request for Reimbursement for Construction Projects 5.1.4 Final SF-425 Form, Federal Financial Report Assemble documentation for the project closeout report once the project is complete. This will include gathering all documentation, supplemental agreements (if applicable), pay requests, and change orders in preparation for grant closeout. The closeout report elements include a project summary, final certifications, summary of grant payments, and outlay report. This work includes preparation of the report, coordination with the Client, State, and FAA for review, and preparation of final documents for Client approval_ The CLIENT will furnish copies of all administrative costs, as well as paperwork related to previous grant reimbursement (drawdown) requests- I .B. ADDITIONAL SERVICES Consulting services performed other than those authorized tinder Section I.A. shall not be considered part of the Basic Services and may be authorized by the Client as Additional Services by means of a written amendment to this Work Order # 3. Additional Services consist of those services, which are not generally considered to be Basic Services; or exceed the requirements of the Basic Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following: 1. Additions to the project outside of this scope. 2. Additional coordination with FAA required for the Project beyond that specified. 3. Additional Field Investigation required beyond those specified. 4. Completion of additional special studies not identified in Section I.A. 5. Attendance of additional meetings beyond those identified in the above scope. 6. All other services not specifically identified in Section I.A. T.C. CONSIDERATION The services described above in Section I.A. BASIC SERVICES shall be provided as follows: Task Estimated Fee Method of Compensation Task 1—RA Coordination $ 15,000.00 Lump Sum TOTAL AUTHORIZED FEE $ 15,000.00 Estimated Federal Share (100%) $ 15,000.00 Estimated Local Share (0%) $ 0.00 '\Lumsvitte4h1ACY1A\T51120023\0_FAA NAVAID Reimbursable Agreement - RWY 725\A_Project Management\Iowa City RA Coordination WO No. 3 .docz Page 4 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Iowa City Municipal Airport Page 29 of 64 BMI Project No. T51.120028 The Lump Surn fee includes reimbursable expenses. Progress payments shall be made in accordance with the Attached Fee Schedule (Exhibit I) and Section III of the Master Agreement. BASIS OF FEE ASSUMPTION For this proposal, assumptions were made as to the nature of how or why certain situations will be handled. These assumptions are as follows: Off -site improvement design/construction will not be required. Deliverables provided by CLIENT are sufficient to be used for the basis for design/construction. Any changes to the scope of work that are not specifically included in this proposal will be considered additional work and a negotiated amendment to the agreement will be completed. I.D. SCHEDULE The consulting services authorized under Section I. A. will be performed under the following schedule or as authorized by the CLIENT as the BASIC SERVICES proceed. See attached schedule for more details. TASK SERVICE DESCRIPTION DATE 1 RA Coordination November 2019— August 2021 I.E. AUTHORIZATION By: Iowa City Airport Commission Christopher Lawrence Date Chairperson, Iowa City Airport Commission Attachments: Exhibit I — Project Fee Breakdown Bolton & Menk, Inc. B 6/8/2020 Ronald A. Roetzel, P.E. Date Aviation Services Manager Exhibit II —Federal Contract Provisions for A/E Agreements Approved: City Attorney's Office '\Lumsvitte4h1ACYIA\T51120023\0_FAA NAVAID Reimbursable Agreement - RWY 725\A_Project Management\Iowa City RA Coordination WO No. 3 .docz Page 5 m -t Z ,,A B P,se3oo,. PROJECT FEE BREAKDOWN SPONSOR: IOWA OTY MUNIOPAL AIRPORT PROJECT: RA FOR RELOCATING FAA PAPI RUNWAY 25 EXTENSION (UNDISPLACED THRESHOLD) CONSULTANT: BOLTM & MINK, INC AIRPORT ENGINEERING, PLANNING &SURVEYING SERVICES Rem No. Pcincip l/Senior Projert Manager ProjeR Manager -tensed Land Surveyor AirportPlanner GI./CAD TxM1nieen Clerical Total Cos[ Task I FAA REIMBURABLE L.0 AGREEMENT COORDINATION Grant Application and Administration 0 8 0 2 0 2 12 $I,Sfi0.00 2.0 Coordination with FAAon RA A,rement 0 10 0 4 12 0 2S $3,070.00 3A Integration of FAA PAPI Relocation Documents into Project Documents for PM1 ical Relocation of PALI Srtem 2 A 0 4 24 0 50 56,120.00 0.0 Coordination of Flight CM1eck of new PALIsstem location 2 8 8 0 0 0 10 2%o.00 5.0 Pro'ect Closeout 0 8 0 0 0 G 14 Ifi90.00 DAinated Tota l Manhours4 51 8 10 3fi 8 120 Sum ma Costs $72000 $0,3AA0 $.D. $950.00 $3,4A.00 $Loo.. TOTAL TASKI $IS,000.00 K.IALlA\T51i21J NP2klD Rvinihursemo ry;--r Ruv 72 1Uenyl.niu.r0V.F— for AO N.SxInlo\. F— for �0 M. Jslex Airpor��MjJ jj0r020 Packet e J ne 2020 Page 31 of 64 FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER", "OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER CONTRACTOR" OR LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.333, 2 CFR § 200.336, and FAA Order 5100.38 The contractor must maintain an acceptable cost accounting system. The contractor agrees toprovide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United Statesor any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The contractor agrees to maintain all books, recordsand reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS —GENERAL Reference: 49 USC §47123 The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin,sex, age, or disability be excluded from participating in any activity conducted with or benefitingfrom Federal assistance. This provision binds the contractor and sub -tier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS —TITLE VI ASSURANCE Reference: 49 USC § 47123 a nd FAA Order 1400.11 A) Title VI Solicitation Notice The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively ensure that any contract entered into pursuant tothis advertisement, disadvantaged business enterprises will be afforded full and fairopportunity to submit bids in response to this invitation and will not be discriminated against onthe grounds of race, color, or national origin in consideration for an award. Page 1 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 32 of 64 B) Title VI Clauses for Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees asfollows: 1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they maybe amended from time to time, which are herein incorporated by reference and made a part of this contract. 2) Non-discrimination: The contractor, with regard to the work performed by it during thecontract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited bythe Nondiscrimination Acts and Authorities, including employment practices when the contract covers anyactivity, project, or program set forth in Appendix B of 49 CFR part 21. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made bythe contractor for work tobe performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4) Information and Reports: The contractor will provide all information and reports required by the Nondiscrimination Acts and Authorities, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is inthe exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will setforth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but notlimited to: a. Withholding payments to the contractor under the contract until the contractorcomplies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Nondiscrimination Acts and Authorities, and directives issued pursuant thereto. The contractorwill take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 2 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 33 of 64 Q Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the followingnon- discrimination statutes and authorities; including but not limitedto: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfairtreatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 3 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 34 of 64 DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR part 26 Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carryout applicable requirements of49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days fromthe receipt of each payment the prime contractor receives from the Sponsor. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days afterthe subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non -DBE subcontractors. ENERGY CONSERVATION REQUIREMENTS Reference: 2 CFR § 200, Appendix II (H) Contractor and each subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor— Wage and Hour Division. QKKI]]_\IB+]I/_1111141_1y:1W/_101IH:11_109:IS4lits] 2VY111 Reference: 20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor —Occupational Safety and Health Administration. Page 4 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 35 of 64 RIGHT TO INVENTIONS Reference: 2 CFR § 200 Appendix II (F) and 37 CFR §401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work. SEISMIC SAFETY Reference: 49 CFR part 41 In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance' that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. TAX DELINQUENCY AND FELONCY CONVICTION Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) and DOT Order 4200.6 Certification -The applicant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Atax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Certification - The applicant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Page 5 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 36 of 64 TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 and 49 CFR part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: a) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or b) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or c) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Page 6 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 37 of 64 VETERAN'S PREFERENCE Reference: 49 USC §47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $3,500 DISTRACTED DRIVING Reference: Executive Order13513 and DOT Order3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving' (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted drivers, including policies to ban text messaging while driving when performingwork related to a grant or sub -grant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motorvehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING$10.000 TERMINATION OF CONTRACT Reference: 2 CFR § 200 Appendix II (B) Termination for Convenience The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination by Default Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating Page 7 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 38 of 64 the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1) Perform the services within the time specified in this contractor by Owner approved extension; 2) Make adequate progress so as to endanger satisfactory performance of the Project; 3) Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1) Defaults on its obligations under this Agreement; 2) Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3) Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Page 8 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 39 of 64 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, and DOT Order 4200.5 By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1) Checking the System for Award Management at website: https://www.sam.gov. 2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3) Inserting a clause or condition in the covered transaction with the lower tiercontract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excludedor disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR § 200 Appendix II (E) 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer ormechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek. 2) Violations Liability for Unpaid Wares; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract forthe District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3) Withholding for Unpaid Wares and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under anysuch contract or any Page 9 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 40 of 64 other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as maybe determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphsl through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor orlower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment; 2 CFR part 200, Appendix II (1); and 49 CFR part 20, AppendixA The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his orher knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisite for makingor entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. P Page 10 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 41 of 64 ROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 BREACH OF CONTRACT TERMS Reference: 2 CFR § 200 Appendix II (A) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessaryto enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 101711 LI VAI:X_hIHfJ/_A 14:1Yi711LI11[@0role] 019.1g l Reference: 2 CFR § 200 Appendix II (G) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. Page 11 of 11 Updated November 12, 2019 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 42 of 64 Prepared by: Michael Tharp, Airport Manager, 1801 S. Riverside Dr, Iowa City IA 52246 319-350-5045 Resolution number Resolution authorizing the Chairperson to execute a Subscription Service Agreement with QT Pod. Whereas, the Iowa City Airport Commission desires to install new credit card point of sale kiosks to the self -serve fuel system; and Whereas, QT POD provides service and management software for the self -serve storage system and self -serve sales transactions for the QT POD M4000 Self -Serve Terminal the Commission uses at the Airport; and Whereas, QT POD's M4000 Self -Serve Terminal requires these subscription services in order to function, and has negotiated an agreement with QT POD to provide the services; and Whereas, the Commission finds the proposed agreement to be proper and in the best interest of the Iowa City Municipal Airport. Now, Therefore, be it resolved by the Iowa City Airport Commission 1. That the attached agreement with QT POD for credit card point of sale kiosk service and management software subscription services is hereby approved. 2. That the Chairperson is directed and authorized to execute and the Secretary to attest to the agreement between the Airport Commission and QT POD. Passed and approved this day of Chairperson Secretary It was moved by and seconded by adopted, and upon roll call there were: Ayes Nays Approved by City Attorney's Office Absent 2020. the Resolution be Bishop Clair Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 43 of 64 Lawrence Libby Pfohl Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 44 of 64 SUBSCRIPTION SERVICE AGREEMENT This Subscription Service Agreement ("Agreement") is entered into effective as of Upon Installation ("Effective Date"), between QT POD, LLC, an Oregon limited liability company ("QT POD") and Iowa City Airport Commission ("Customer"). Customer and QT POD may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS A. Customer has purchased QT POD's M4000 Self -Serve Terminal ("M40001% which requires certain subscription services in order to function; and B. Customer wishes to procure, and QT wishes to provide, the subscription services described below on the terns and conditions specified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the Parties hereby agree as follows: AGREEMENT 1. Term of Agreement. This Agreement shall take effect on the Effective Date. This Agreement shall have an initial term of five (5) years (invoiced annually) from the Effective Date (the "Initial Term"), unless terminated sooner in accordance with the terms of this Agreement. Thereafter, this Agreement will automatically renew for successive one (1) year terms unless either Party gives written notice of its intent not to renew to the other Party at least 90 days before the expiration of the then current term. The Initial Term and any renewal terms shall be collectively referred to as the "Term." 2. License. Services and Fees. Subject to the terms and subject to the conditions set forth in this Agreement, QT POD agrees to provide cloud -based access and a limited, non-exclusive, non -transferable license to use its proprietary Siteminder Fuel Management Software, together with database hosting services, software updates, 24n technical support and an optional parts replacement plan (collectively, "Services"), during the Term, in exchange for the fees specified in Exhibit 1 ("Fees"). The Services will allow Customer to perform fuel management tasks from any computer or tablet with internet connectivity, including: sales transaction detail, account management, fuel inventory management, tax table review, single click invoicing, account detail, basic discounting, schedule assessment, tail/registration number capture, transaction detail log and detailed sales activity review. The Services allow Customer to prepare detailed reports and data is exportable to Microsoft Excel. QT POD will provide the Services via a web -based service interface application that will be provided, defined and determined by QT POD. 3. Resnonsibilities of OT POD. 3.1 Services. QT POD shall use reasonable efforts to provide the Services in an uninterrupted, continuous fashion. Customer understands and agrees that QT POD's systems may be periodically off line or otherwise inoperable in order for QT POD to perform maintenance, install or test software, or for other commercially reasonable business purposes and that during such time Services may not be provided. Customer further understands and agrees that from time to time QT POD's systems may be off line or otherwise inoperable as a result of the failure of equipment or services provided to QT POD by third parties (for example, public or private telecommunications services or internet nodes or facilities, overall Internet congestion, unavailability of generic Internet services, such as DNS services), and that during such time Services may not be provided. In the event of unforeseen network or equipment failure, QT POD will use commercially reasonable efforts to restore the Services in a reasonably prompt fashion. Subscription Services Agreement Page 1 of-8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 45 of 64 3.2 Modification. QT POD may from time to time, in its sole discretion, modify the manner in which it provides Services, and modify its software and systems, all of which may result in a change in the manner in which QT POD provides the Services, provided, however, that such modifications and/or changes will not degrade the level of, or have a material adverse impact upon the features and functionality of the Services. 3.3 Support. QT POD will offer reasonable technical support as set forth in the Support and Service Level Agreement, attached as Exhibit 2. 4. Responsibilities of Customer. 4.1 Format and Internet Connection. Customer will be responsible for delivering and receiving data to and from QT POD's server(s) in the format required by QT POD and for supplying functional, industry -standard hardware and adequate internet connectivity, including internet connectivity for the M4000 unit. Customer shall also provide QT POD with a static IP address or a specific range of static IP addresses. 4.2 Access to M4000. Customer will provide QT POD with access to the M4000 as may be needed to perform services such as support and software updates, and will otherwise cooperate with QT POD in the performance of its obligations under this Agreement. 4.3 Confidentiality of End User's Data, QT POD will provide encrypted data transmission and secure hosting services, but Customer is solely responsible for implementing security measures, procedures, and standards or any other best practices available, to protect the confidentiality of all data stored or transmitted through or stored on Customer's equipment or servers. 4.4 Updates. QT POD will provide maintenance and upgrades to the Services, but Customer shall provide such access and assistance as may be necessary to accomplish such maintenance or upgrades. 4.5 End User Communications. QT POD will work collaboratively with Customer to resolve operational or performance issues should they arise, but Customer is responsible for communicating with its customers. 4.6 Proper Use, Customer is responsible for using the Services in the manner instructed by QT POD and otherwise in the manner intended. The software used in connection with the Services is QT POD's proprietary software and Customer shall not decompile, disassemble, reverse engineer, modify, adapt, rent, sublicense, distribute or resell if for profit. 5. Terms of Payment. Fees shall be paid annually in advance. All fees and other charges stated herein are due and payable within thirty (30) days after the date of QT POD's invoice. 6. Taxes. Fees do not include any applicable federal, state, or local excise, sales, use, value-added, and similar taxes and duties arising in connection with the provision of the Services and this Agreement. Customer is solely responsible for paying all such taxes. Customer may receive the Services without such taxes added if Customer provides QT POD with proper tax exemption certificates. 7. Minimum Technical Specifications. Customer shall be responsible for providing industry -standard internet connectivity and one or more computers or tablets in order to utilize the Services. 8. Scope and Limitations. Customer acknowledges that QT POD is responsible only for providing Customer with data transmission. QT POD is not providing any information relating to any credit report, nor should any information provided Subscription Services Agreement Page 2 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 46 of 64 by QT POD be used to create or modify any credit report. QT POD is not responsible for the operation of Customer's web site(s), or the actions or inaction of any third party or entity, including any bank, processor, financial institution or network, telecommunications carrier, third party software developer or ISP. 9. Indemnification. 9.1 Customer Indemnity. Customer shall indemnify, defend and hold harmless QT POD, and each of its parent companies, subsidiaries and affiliated companies, and each of their respective employees, officers, directors, managers, agents and representatives, from and against any and all claims, demands, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys' fees and costs, arising out of or related to Customer's misuse of the Services, data breaches within the Customer's network, or Customer's misconduct or negligence. 9.2 OT POD Indemnity. QT POD shall indemnify, defend and hold harmless Customer, and each of its parent companies, subsidiaries and affiliated companies, and each of their respective employees, officers, directors, managers, agents and representatives, from and against any and all claims, demands, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys' fees and costs, arising out of or related to claims that the Services infringe or misappropriate any intellectual property right. In the event of such a claim, or if QT POD reasonably believes that the Service is likely to become the subject of such a claim, then QT POD shall, at its expense: (a) obtain for Customer the right to continue using such Service; (b) replace or modify the Service so that it does not infringe upon or misappropriate such intellectual property right and maintains substantially similar functionality and performance; or, (c) in the event that QT POD is unable or determines, in its reasonable judgment, that it is commercially unreasonable to do either of the aforementioned, QT POD shall terminate this Agreement promptly reimburse to Customer any prepaid Fees for which Subscription Service have not been rendered or provided. 10. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY, NOR WILL ANY OF A PARTY'S MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, IN CONNECTION WITH OR AS A RESULT OF THIS AGREEMENT OR ITS OR ANY OF THEIR CONDUCT OR PERFORMANCE UNDER THIS AGREEMENT, INCLUDING IN CONNECTION WITH DEFECTIVE PRODUCTS, EVEN IF SUCH AMOUNTS ARE OR SHOULD HAVE BEEN REASONABLY FORESEEABLE TO A PARTY OR A PARTY IS OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOST PROFITS. IF, DESPITE THE FOREGOING PROVISIONS, LIABILITY IS NEVERTHELESS IMPOSED ON A PARTY OR ON ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, EXCEPT AS EXPRESSLY PROVIDED, WHATEVER THE REASON FOR SUCH IMPOSITION OF LIABILITY (INCLUDING THE CLAIMED INVALIDITY OF ANY EXCLUSION OF LIABILITY HEREUNDER), IN NO EVENT WILL THE AGGREGATE LIABILITY OF A PARTY AND ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL PRICE PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE PREVIOUS 12 MONTHS, REGARDLESS OF THE NUMBER OF CLAIMS. THE SERVICE CREDITS SET FORTH IN EXHIBIT 2 SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR QT POD'S FAILURE TO MAINTAIN THE REQUIRED UPTIME PERCENTAGE. Subscription Services Agreement Page 3 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 47 of 64 11. Cardholder and Transaction Information; PCI Comoliance. QT POD shall handle all Cardholder Information (as defined below) under this Agreement in compliance, with the then current version of the PCI Data Security Standard Card Association (as defined below) rules, policies, and regulations (as they may appear on Card Association websites), and all applicable laws, regulations, ordinances, rules, and orders of governmental authorities having jurisdiction, including without limitation Sections 501(b) and 501(b)(2) of the Gramm Leach Bliley Act of 1999, 15 U.S.C. §6801 et seq (collectively, the "Requirements"). Customer shall also conduct all of its own activities in compliance with the Requirements. Neither Party shall sell, transfer, disclose to any unauthorized person, or use the Cardholder Information except: (a) to provide authorized services related to payment transaction processing, settlement, and funding; (b) to provide fraud control and loyalty services; (c) to cooperate with law enforcement investigations, to comply with legally executed subpoenas, or as specifically required by law; or (d) for other uses authorized by the Party providing the Cardholder Information in writing. To verify ongoing compliance with the PCI Data Security Standard, each Party shall engage a Qualified Security Assessor ("QSA") to conduct, on at least an annual basis, an onsite compliance review. For purposes of this Section 11: (1) the term "Cardholder Information" means any information evidencing either a cardholder's personal data (including without limitation evidence of the cardholder's credit or other type of card), or transactions consummated with credit or other types of cards, including both electronic, written and other forms of data; and (ii) the term "Card Associations" means bankcard associations (e.g., MasterCard and Visa), other non-bankcard or private label associations and other credit or debit card associations. 12. Excused Non -Performance. QT POD will not have any liability or responsibility for any delay in or failure to perform under this Agreement as a result of circumstances beyond QT POD's reasonable control, and all such delay and failure is hereby excused by Customer. Such excusing circumstances (a "Force Majeure") include: shortages of materials; acts of God; fire; flood; war, embargo; labor trouble; failure or delay by third parties; riots; and laws, rules, regulations and orders of any governmental authority. If any material delay or material inability to perform continues for more than ninety (90) days, Customer may, as its sole and exclusive remedy, terminate this Agreement upon seven (7) days written notice to QT POD. 13. Default and Early Termination. If Customer defaults in performance of any material obligation under this Agreement, QT POD may terminate this Agreement, provided that QT POD shall have given written notice of such default to Customer and Customer shall have failed to cure such default to QT POD's reasonable satisfaction within thirty (30) days after QT POD provides such written notice. Customer agrees that Customer's failure to timely pay any invoiced fees, costs or expenses when due will constitute a material breach hereunder and, notwithstanding the foregoing provisions of this paragraph, in such event QT POD may immediately terminate this Agreement. Each Party will have the right to terminate this Agreement upon the other Party's cessation of business, election to dissolve, insolvency, commission of an act of bankruptcy, general assignment for the benefit of creditors or the fling of any petition in bankruptcy or for relief under the provisions of the bankruptcy laws, or the failure to have discharged within sixty (60) days the filing of any petition in bankruptcy or for the relief under the provisions of the bankruptcy laws against the Party. The rights granted hereunder are not exclusive but are cumulative with any other rights or remedies a Party may have. 14. Miscellaneous Provisions. 14.1. Independent Contractor. Neither Party or its employees are joint venturers, partners, agents, or employees of the other Party. Neither Party is authorized to represent, obligate, or bind the other. Nothing in this Agreement shall be construed as giving either Party any right to exercise any control over the other Party's operations or over the manner and method by which such Party conducts its operations. Subscription Services Agreement Page 4 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 48 of 64 Neither Parry shall have the authority to and shall not purport to make any commitments or representations on behalf of the other Party or otherwise to take any actions on behalf of the other Party. 14.2. Notices. Any notice given pursuant to this Agreement shall be in writing and shall be given by personal service or by United States certified mail, return receipt requested, postage prepaid to the addresses appearing at the end of this Agreement, or as changed through written notice to the other Party. Notice given by personal service shall be deemed effective on the date it is delivered to the addressee, and notice mailed shall be deemed effective on the fourth business day following its placement in the mail addressed to the addressee. Address for Notice: Address for Notice: QT POD, LLC 4909 Nautilus Court N. #109 Boulder CO 80301 Iowa City Airport Commission 1801 S. Riverside Drive Iowa City, IA 52246 Attention: Attention: Michael Tharp, Airport Mal 14.3 Survival. All provisions related to confidentiality, indemnity, limitation of liability and each other provision of this Agreement that by its nature extends beyond the expiration or earlier termination of this Agreement, will survive and continue in full force and effect after this Agreement expires or is earlier terminated. 14.4 Assignment. Neither Party may assign any of its rights, interests or duties under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, QT POD may assign this Agreement to any successor or assignee of the rights underlying the Services (for example, the purchaser of the intellectual property rights required for the lawful provision of the Services). 14.5 Succession. This Agreement will bind and inure to the benefit of each Party and its permitted successors, assigns, and delegates. 14.6 Governing Law; Jurisdiction and Venue. This Agreement will be interpreted under, and any disputes arising out of this Agreement will be governed by, the laws of the State of Colorado, without reference to its conflicts of law principles. The Uniform Computer Information Transactions Act will not apply to the interpretation or enforcement of this Agreement. Each Party irrevocably consents to the jurisdiction of the state and federal courts located in the State of Colorado, in connection with all actions arising out of or in connection with this Agreement, and waives any objections that venue is an inconvenient forum. 14.7 Waiver. A Patty's delay or failure to enforce or insist on strict compliance with any provision of this Agreement will not constitute a waiver or otherwise modify this Agreement. A Party's waiver of any right granted under this Agreement on one occasion will not: (a) waive any other right; (b) constitute a continuing waiver; or (c) waive that right on any other occasion, 14.8 Amendments. This agreement may be amended only be a written instrument signed by both Parties, which writing must refer to this Agreement. 14.9 Rules of Construction and Interpretation. Section and paragraph headings are for convenience only and do not affect the meaning or interpretation of this Agreement. All exhibits attached to or referenced in this Agreement are a part of and are incorporated in this Agreement. Both Parties have had the opportunity to have this Agreement reviewed by their attorneys, therefore, no rule of construction or interpretation that disfavors the Party drafting this Agreement or any of its provisions will apply to the interpretation of this Agreement. The words "includes" and "including" are not limited in any way and mean "including without limitation." The word "or" is not exclusive and includes "and/or." The word "will" is Subscription Services Agreement Page 5 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 49 of 64 a synonym for the word "shall," Reference to a "person" includes an individual, a corporation, a limited liability company, an association, a governmental body or any other entity. 14.10 Counternarts and Delivery. This Agreement may be executed in counterparts. Each counterpart will be considered an original, and all of them, taken together, will constitute a single Agreement. Facsimile and electronic signatures will be deemed original signatures for all purposes under this Agreement. When properly signed, this Agreement may be delivered by facsimile or electronically, and any such delivery will have the same effect as physical delivery of a signed original. 14.11 Entire Agreement. This Agreement, and its attached exhibits constitute the entire agreement between the Parties and supersedes any and all previous representations, understandings, or agreements between the Parties as to the subject matter hereof. Executed by the undersigned authorized representatives of the Parties effective as of the Agreement Effective Date. QT POD, LLC LZ Title: Iowa City Airport Commission A Name: Title: Subscription Services Agreement Page 6 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 50 of 64 Exhibit 1 Fees 1. Fee Plans The following Fee Plans are available. Please select one. Base Plan—$945 per unit, per year Includes: Access and use of the web -based Siteminder Fuel Management Software, Database Hosting, Data, 2417 technical support, software updates 57 Premium Plan—$1,995 per unit, per year (Post -Warranty) Includes: Access and use of the web -based Siteminder Fuel Management Software, Database Hosting, Data, 2417 technical support, software updates and post -warranty parts replacement 2. Cellular Option ✓0 The Services may be accessed through a cellular plan established by QT POD at a cost of $480 per unit, per year 3. Premium Plan Parts Replacement Terms and Conditions The terms and conditions of the parts replacement benefit included in the Premium Plan are as follows: After the expiration of the M4000 product warranty, QT POD will repair or replace (at its option) malfunctioning components of the M4000 unit, using either new or rebuilt parts or components (at QT POD's option) at no charge to charge Customer ("Parts Replacement"). The M4000 is designed so that most of its parts may be replaced by Customer, utilizing the instructions provided by QT POD. In rare instances, a qualified technician may be required. QT POD will provide remote technical assistance relating to parts replacement, but Customer shall be responsible for the installation of all replacement components and shall bear all associated costs and expenses. Customer shall return all failed components to QT. Parts Replacement is only available if the unit is installed by QT POD, a certified service company or an individual approved by QT POD. Upon request, QT POD may provide a list of qualified service companies or technicians, but in no event will QT POD be responsible for any act or omission of such service company or technician. To maintain eligibility for Parts Replacement, Customer must ensure that QT POD's Post Installation Checklist is completed and provided to QT POD for the installation of the unit. Each checklist must be signed by a qualified technician or other individual approved by QT POD. Parts Replacement does not cover components damaged due to acts of God, lightning strikes or related damage, accident, misuse, abuse, negligence, modification of or to any part of the terminal or software, or damage due to improper operation, maintenance, or installation. Parts Replacement does not apply to non-QT POD equipment, including but not limited to computers, fuel dispensers, fuel pumps, meters, registers, pulsers or valves, or any repair or replacement caused by credit card network processing changes or Branded Oil Company changes. Relays are not covered by Parts Replacement if they fail due to excess current draw from devices external to QT POD equipment. Notwithstanding the foregoing, lightning damage may be covered (at QT's option) if the terminal is equipped with QT POD surge protection equipment. Subscription Services Agreement Page 7 of 8 Airport Commission Agenda & Information Packet Meeting Date June 11, 2020 Page 51 of 64 Exhibit 2 Support and Service Level Agreement 1. Technical Support Reeardinz Services • Business Hours Sunoort, QT POD will provide Customer with reasonable telephone technical support Monday through Friday from 7:30 a.m. to 5:30 p.m. Mountain Time, excluding holidays. • 24/7 Super. QT POD will provide Customer with reasonable technical support after-hours and on holidays on an on -call basis. QT POD will make every effort to respond to Customer within one hour of the initial call for service. After-hours support is intended for emergency situations in which Customer is unable to pump fuel. 2. Service Level Objectives QT POD agrees that the monthly availability of the Services shall be equal to or greater than 99.7%, excluding any excused performance as set forth below or in the Agreement ("Uptime Percentage"). The Uptime Percentage shall be calculated by comparing the total number of minutes in a thirty -day period (43,200) with the number of minutes of Downtime in any thirty -day period. For purposes of this Agreement, "Downtime" includes any period of time that Customer is unable to process normal transactions as a result of the failure of the Services. Downtime does not include unavailability of the Services for any of the following reasons: general internet failure; QT POD scheduled maintenance or other planned outages; problems with or maintenance occurring on the Customer's applications, equipment or facilities; alterations, additions, adjustments, or repairs that are made by Customer to hardware; acts or omissions of Customer or its authorized user; or performance that is excused under the terms of the Agreement (including excused performance under Section 3.1 and Section 12 of the Agreement). 3. Service Credits QT POD shall issue Customer service credits in the amounts specified in the table below ("Service Credits") if it is unable to maintain the required Uptime Percentage in any given month. Service Credits will be a percentage of a monthly Fee (the annual Fee divided by 12) and shall be applied against Fees for the next billing cycle. Service Credits shall be Customer's sole and exclusive remedy for QT POD's failure to maintain the required Uptime Percentage. Service Credit Amounts UPTIME THRESHOLDS MONTHLY FEE CREDIT % 99.69% - 99.65% 10% 99.64%- 99.00% 20% 99.00%and under 30% Subscription Services Agreement Page 8 of 8 Airport Commission Agenda & Inbnnalion Packet 06/O0/2020 15:46 ICITY OF IOWA CITY mthaxp INVOICE LIST BY GL ACCOUNT YEAR/PERIOD: 2020/11 TO 2020/11 ACCOUNT/VENDOR INVOICE PO YEAR/PR TYP S WARRANT IP 1 Iapix gla CHECH DESCRIPTION 76850110 Airport Operations 76850110 432080 Other Professional Services 013313 FUEL INC 0003783 0 2020 11 INV P 6,000.00 050820 243928 Website Development ACCOUNT TOTAL 6,000.00 76850110 438030 Electricity 010319 MIDAMERICAN ENERGY 20200520133219 0 2020 11 INV P 1,231.15 052220 17012 MidAmBilling 052020 010319 MIDAMERICAN ENERGY 20200527130522 0 2020 11 INV P 12.75 052920 17371 MidAmBilling 052720 1,243.90 ACCOUNT TOTAL 1,243.90 76850110 438070 Heating Fuel/Gas 010319 MIDAMERICAN ENERGY 20200513131733 0 20g0 11 INV P 60.97 051520 16967 MidAmBilling 051320 010319 MID ICAN ENERGY 20200520133219 0 2020 11 INV P 86.91 052220 17012 MidAmBilling 052020 147.88 ACCOUNT TOTAL 147.88 76850110 438100 Refuse Collection Charges 010507 JOHNSON COUNTY REFUS 128725 0 2020 11 INV P 181.50 051520 299032 Refuse & Recycling 010507 JOHNSON COUNTY REFUS 128728 0 2020 11 INV P 45.00 051520 299032 Refuse & Recycling 226.50 ACCOUNT TOTAL 226.50 76850110 438110 Local Phone Service 011937 AUREON COMMUNICATION 0789004025.20.05 0 2020 11 INV P 86.04 050820 243914 Basic Phone Service ACCOUNT TOTAL 86.04 76850110 992010 Other Building R&M Services 010856 JET AIR INC IOW IVI-20-007208 0 2020 11 INV P 600.00 052920 299591 Janitorial Services ACCOUNT TOTAL 600.00 76850110 993080 Other Equipment R&M Services 010856 JET AIR INC IOW IVI-20-007223 0 2020 11 INV P 670.65 052920 299591 Maintenance Reimbur ACCOUNT TOTAL 670.65 76850110 995030 Nursery Srvc-Lawn & Plant Care 010856 JET AIR INC IOW IVI-20-007207 0 20y0 11 INV P 5,500.00 052920 299591 Groundskeeping/Main ACCOUNT TOTAL 5,500.00 76850110 466070 Other Maintenance Supplies 010856 JET AIR INC IOW IVI-20-007223 0 2020 11 INV P 29.87 052920 299591 Maintenance Reimbur Airport Commission Agenda & Inbnnation Packet 06/O0/2020 15:46 ICITY OF IOWA CITY IP 2 mthaxp (INVOICE LIST BY GL ACCOUNT Iapix gla YEAR/PERIOD: 2020/11 TO 2020/11 ACCOUNT/VENDOR INVOICE PO YEAR/PR TYP S WARRANT CHECH DESCRIPTION ACCOUNT TOTAL 29.87 76850110 467020 Equippment R&M Supplies 010856 JET AIR INC IOW IVI-20-007223 0 2020 11 INV P 495.00 052920 299591 Maintenance Reimbur ACCOUNT TOTAL 495.00 76850110 469200 Tools 010856 JET AIR INC IOW IVI-20-007223 0 2020 11 INV P 254.39 052920 299591 Maintenance Reimbur ACCOUNT TOTAL 254.39 ORO 76850110 TOTAL 15,254.23 - ---- - ----- FUND --- ---- Airport — — — — ---- - TOTAL: - 15-259.23 -------------------- ** END OF REPORT - Generated by Michael Tharp ** 06/09/2020 10:51 mtharp FOR 2020 13 ACCOUNTS FOR: 7600 Airport 76850110 Airport Operations 76850110 363910 Misc Sale of Me 76850110 369100 Reimb of Expens 76850110 369900 Miscellaneous 0 76850110 381100 Interest on Inv 2020/10/040897 04/30/2020 GEN 2020/10/040897 04/30/2020 GEN 2020/10/040897 04/30/2020 GEN 2020/10/040897 04/30/2020 GEN 76850110 382100 Land Rental 2020/10/040451 04/20/2020 GBI 2020/10/040637 04/06/2020 CRP 76850110 382200 Building/Room R 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 MI Airport Commission Agenda & Inbnnation Packet CITY OF IOWA CITY IP 1 YEAR-TO-DATE BUDGET REPORT glytdbud MAY DETAIL 2019 JOURNAL DETAIL 2020 10 TO 2020 10 ORIGINAL TRANFRS/ REVISED AVAILARLE PCT APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 0 0 0 -260.00 0 0 0 -139.18 0-11,000 -11,000 -2,360.00 0 -2,500 -2,500 -2,319.48 -186.42 REF SS -99.08 REF SS -8.22 REF SS 366.47 REF SS -51,520 0 -51,520 -49,116.56 -600.00 REF -368.75 REF 2857518 US TREAS -275,000 0-275,000 -253,233.12 -185.00 REF -155.00 REF -199.00 REF -155.00 REF -155.00 REF -199.00 REF -185.00 REF -199.00 REF -230.00 REF -185.00 REF -155.00 REF -199.00 REF -358.00 REF -110.00 REF -199.00 REF -185.00 REF -155.00 REF .00 260.00 100.0% .00 139.18 100.0% .00-8,640.00 21.5%' .00-180.52 92.8%' Interest Allocation Entry Interest Allocation Entry Interest Allocation Entry Interest Allocation Entry .00-2,403.99 95.3%' LAND RENT LEASE PAYMENT .00-21,766.88 92.1%' HANGAR RENT HANGAR #30 HANGAR #7 HANGAR #16 HANGAR #24 HANGAR #9 HANGAR #39 HANGAR #10 HANGAR #46 Hangar Rent #41 HANGAR #11 Hangar #2 HANGAR #33 Office Rent (Bldg G) HANGAR #5 HANGAR #38 HANGAR #27 06/09/2020 10:51 mtharp FOR 2020 13 ACCOUNTS FOR: 7600 Airport Airport Commission Agenda & Inbmation Packet ICITY OF IOWA CITY YEAR-TO-DATE BUDGET REPORT MAY DETAIL 2019 glytdbud JOURNAL DETAIL 2020 10 TO 2020 10 ORIGINAL TRANFRS/ REVISED APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES 020 MI -332.00 REF HANGAR #56 020 GBI -199.00 REF HANGAR #8 020 GBI -4,606.00 REF D, E, F, H 020 GBI -500.00 REF Haggai M 020 GBI -199.00 REF HANGAR #1 020 GBI -195.00 REF HANGAR #59 020 GBI -195.00 REF HANGAR #60 020 GBI -650.00 REF HANGAR #72 020 GBI -166.67 REF AIRPORT RENTA 020 GBI -185.00 REF HANGAR #51 020 GBI -155.00 REF HANGAR #20 020 GBI -185.00 REF HANGAR #42 020 GBI -4,829.25 REF HANGAR #35 020 GBI -684.00 REF HANGAR #32 020 GBI -325.00 REF HANGAR #34 020 MI -199.00 REF HANGAR #9 020 MI -155.00 REF HANGAR #15 020 MI -185.00 REF HANGAR #53 020 MI -155.00 REF HANGAR #18 020 GBI -199.00 REF HANGAR #3 020 GBI -155.00 REF HANGAR #14 020 GBI -185.00 REF HANGAR #40 020 GBI -243.00 REF HANGAR #61 020 GBI -230.00 REF HANGAR #55 020 MI -650.00 REF HANGAR #71 020 GBI -195.00 REF HANGAR #63 020 GBI -185.00 REF HANGAR #49 020 GBI -185.00 REF HANGAR #36 020 GBI -185.00 REF HANGAR #37 020 GBI -230.00 REF HANGAR #45 020 GBI -155.00 REF HANGAR #25 020 MI -185.00 REF HANGAR #99 020 GBI -185.00 REF HANGAR #50 020 GBI -155.00 REF HANGAR #28 020 GBI -155.00 REF HANGAR #17 020 GBI -199.00 REF HANGAR #6 020 GBI -155.00 REF HANGAR #22 020 GBI -195.00 REF HANGAR #62 020 GBI -185.00 REF HANGAR #43 020 GBI -155.00 REF HANGAR #23 020 GBI -155.00 REF HANGAR #21 020 GBI -210.00 REF HANGAR #64 020 GBI -404.00 REF HANGAR #31 020 GBI -92.50 REF HANGAR #48 020 GBI -92.50 REF HANGAR #48 020 GBI -155.00 REF HANGAR #12 020 MI -100.00 REF OFFICE SPACE AVAILARLE PCT BUDGET USED - HANGAR N RENT 06/09/2020 10:51 mtharp FOR 2020 13 ACCOUNTS FOR: 7600 Airport 76850110 382200 Building/Room R 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 2020/10/040451 04/20/2020 GBI 76850110 382300 Eguifinent Renta 2020/10/040048 04/02/2020 CRP 76850110 384900 Other Cormnissio 2020/10/040433 04/16/2020 CRP 76850110 393120 General Levv 2020/10/040326 04/30/2020 GEN 2020/10/040879 04/30/2020 GEN 76850110 411000 Perm Full Time 2020/10/040191 04/10/2020 PRJ 2020/10/040580 04/24/2020 PRJ 76850110 413000 Temforary Emnlo 76850110 414500 Longevity Pay 76850110 421100 Health Insuranc 2020/10/040191 04/10/2020 PRJ 2020/10/040580 04/24/2020 PRJ Airport Commission Agenda & Inbnnalion Packet CITY OF IOWA CITY P 3 YEAR-TO-DATE BUDGET REPORT Iglytdbud MAY DETAIL 2019 JOURNAL DETAIL 2020 10 TO 2020 10 ORIGINAL TRANFRS/ REVISED AVAILABLE POT APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED -155.00 REF -155.00 REF -185.00 REF -225.00 REF HANGAR #26 HANGAR #29 HANGAR #52 HANGAR RENT #57 0 0 0 -11,839.50 .00 11,839.50 100.0% -454.50 REF 2830486 JET AIR INC OTHER -36,500 0 -36,500 -31,351.20 .00 -5,148.80 85.9%' -2,423.80 REF 2849201 EASTERN AVIATION FUR OTHER -100,000 100,000 0 -16,666.66 .00 16,666.66 100.0% -8,333.33 REF REJE%2 Ptax from Gen Fund 75,000.01 REF SS/DB Reverse 8.19 to 4.20 funding 62,192 0 62,192 57,408.00 .00 4,784.00 92.3% 2,392.00 REF 040420 WARRANT =040420 RUN-1 BIWEEKLY 2,392.00 REF 041820 WARRANT-041820 RUN-1 BIWEEKLY 763 0 763 586.28 .00 176.72 76.8% Soo 0 Soo 500.00 .00 .00 100.0% 5,671 594 6,265 6,049.46 .00 215.64 96.6% 263.02 REF 040420 WARRANT-040420 RUN-1 BIWEEKLY 263.02 REF 041820 WARRANT-041820 RUN-1 BIWEEKLY Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 ICITY OF IOWA CITY P 9 mtharpYEAR-TO-DATE BUDGET REPORT Iglytdbud MAY DETAIL 2019 FOR 2020 13 JOURNAL DETAIL 2020 10 TO 2020 10 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 7600 Airport APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 76850110 421200 Dental Insuranc 408 0 408 371.45 .00 36.55 91.0% 2020/10/040191 04/10/2020 PRJ 16.15 REF 040420 WARRANT-040420 RUN-1 BIWEEKLY 2020/10/040580 04/24/2020 PRJ 16.15 REF 041820 WARRANT-041820 RUN-1 BIWEEKLY 76850110 421300 Life Insurance 142 0 142 129.69 .00 12.31 91.3% 2020/10/040580 04/24/2020 PRJ 11.79 REF 041820 WARRANT-041820 RUN-1 BIWEEKLY 76850110 421400 Disability Insu 228 0 228 208.12 .00 19.88 91.3% 2020/10/040580 04/24/2020 PRJ 18.92 REF 041820 WARRANT=041820 RUN-1 BIWEEKLY 76850110 422100 FICA 4,795 0 4,795 4,419.77 .00 375.60 92.2% 2020/10/040191 04/10/2020 PRJ 180.27 REF 040420 WARRANT-040420 RUN-1 BIWEEKLY 2020/10/040580 04/24/2020 PRJ 180.60 REF 041820 WARRANT-041820 RUN-1 BIWEEKLY 76850110 423100 IPERS 5,991 0 5,991 5,521.74 .00 469.29 92.2% 2020/10/040191 04/10/2020 PRJ 225.80 REF 040420 WARRANT =040420 RUN-1 BIWEEKLY 2020/10/040580 04/24/2020 PRJ 225.80 REF 041820 WARRANT =041820 RUN-1 BIWEEKLY 76850110 431020 Court Costs & S 155 0 155 139.18 .00 15.82 89.8% 76850110 432020 Annual Audit 512 0 512 462.55 .00 49.45 90.3% 76850110 432080 Other Professio 0 15,000 15,000 10,408.09 .00 4,591.91 69.4% 2020/10/040809 04/23/2020 API 123.38 VND 010050 VCH TRU ART City of Iowa City Aerial Photo 243858 76850110 435055 Mail & Delivery 0 0 0 709.86 .00 -709.86 100.0%' Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 mtharpYEAR-TO-DATE FOR 2020 13 ACCOUNTS FOR: 7600 Airport ICITY OF IOWA CITY BUDGET REPORT MAY DETAIL ORIGINAL TRANFRS/ APPROP ADJSTNTS 2019 REVISED BUDGET YTD ACTUAL JOURNAL DETAIL ENCUMBRANCES P 5 Iglytdbud 2020 10 TO 2020 10 AVAILABLE PCT BUDGET USED 76850110 435060 Legal Publicati 0 0 0 22.30 .00 -22.30 100.0%' 76850110 436030 Transportation 1,000 0 1,000 389.40 .00 610.60 38.9% 76850110 436050 Registration 1,000 0 1,000 275.00 .00 725.00 27.5% 76850110 436060 Lodging 500 0 500 298.80 .00 201.20 59.8% 76850110 436080 Meals 200 0 200 25.00 .00 175.00 12.5% 76850110 437010 Comp Liability 4,400 0 4,400 17,416.71 .00 -13,016.71 395.8%' 76850110 437020 Fire & Casualty 12,767 0 12,767 13,803.00 .00 -1,036.00 108.1%' 76850110 437030 Worker's CoM I 163 0 163 185.00 .00 -22.00 113.5%' 76850110 437041 Bonding & Other 870 0 870 .00 .00 870.00 .0% 76850110 437200 Loss Reserve Pa 5,000 0 5,000 5,000.00 .00 .00 100.0% 76850110 438010 Stor.ter Util 19,348 0 19,348 17,360.42 .00 1,987.58 89.7% 2020/10/040352 04/15/2020 UBB 1,578.22 REF 200415 C-200415 4200 UB AR GEN Airport Commission Agenda & Inbnnation Packet 06/09/2020 10:51 ICITY OF IOWA CITY P 6 mtharpYEAR-TO-DATE BUDGET REPORT glytdbud MAY DETAIL 2019 FOR 2020 13 JOURNAL DETAIL 2020 10 TO 2020 10 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE POT 7600 Airport APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 76850110 438030 Electricity 19,238 0 19,238 14,207.02 .00 5,030.98 73.8% 2020/10/040583 04/24/2020 API 303.89 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 2020/10/040583 04/24/2020 API 809.42 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 2020/10/040583 04/24/2020 API 66.84 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 2020/10/040583 04/24/2020 API 235.69 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 2020/10/040583 04/24/2020 API 69.92 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 76850110 438050 Landfill Use 220 0 220 .00 .00 220.00 .0% 76850110 438070 Heating Fuel/Ga 3,787 0 3,787 4,330.81 .00 -543.81 119.9%' 2020/10/040583 04/24/2020 API 22.54 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 2020/10/040583 04/24/2020 API 116.08 VND 010319 VCH MIDAMERICAN ENERGY MidAmBilling 04222020 16498 76850110 438080 Sewer Utility C 1,832 0 1,832 1,741.91 .00 90.09 95.1% 2020/10/040352 04/15/2020 UBB 95.75 REF 200415 C-200415 2000 UB AR GEN 76850110 438090 Water Utility C 2,048 0 2,048 2,599.60 .00 -496.60 129.2%' 2020/10/040352 04/15/2020 UBB 134.85 REF 200415 C-200415 1000 UB AR GEN 76850110 438100 Refuse Collecti 2,391 0 2,391 2,497.50 .00 -106.50 109.5%' 2020/10/040564 04/20/2020 API 181.50 VND 010507 VCH JOHNSON COUNTY REFUS Refuse & Recycling 293298 2020/10/040564 04/20/2020 API 45.00 VND 010507 VCH JOHNSON COUNTY REFUS Refuse & Recycling 293298 76850110 438110 Local Phone Ser 1,053 0 1,053 1,037.61 .00 15.39 98.5% 2020/10/040198 04/01/2020 API 86.04 VND 011937 VCH AUREON COIMNNICATION Basic Phone Services 242987 76850110 992010 Other Building 13,000 0 13,000 14,028.54 .00 -1,028.54 107.9%' 2020/10/040197 04/07/2020 API 600.00 VND 010856 VCH JET AIR INC IOW Janitorial Services 243026 2020/10/040565 04/20/2020 API 30.00 VND 013610 VCH STANDARD PEST CONTRO Pest Control Services 243353 Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 mtharp FOR 2020 13 ACCOUNTS FOR: 7600 Airport ICITY OF IOWA CITY I YEAR-TO-DATE BUDGET REPORT MAY DETAIL ORIGINAL TRANFRS/ APPROP ADJSTMTS 2019 REVISED BUDGET YTD ACTUAL JOURNAL DETAIL ENCUMBRANCES IP 7 glytdbud 2020 10 TO 2020 10 AVAILABLE PCT BUDGET USED 76850110 992020 Structure R&M S 2,500 0 2,500 980.00 .00 1,520.00 39.2% 2020/10/040200 04/03/2020 API 245.00 VND 010823 VCH SCHUMACHER ELEVATOR Elevator Maintenance Service C 16403 76850110 992030 Heating & Cooli 6,000 0 6,000 1,830.23 .00 4,169.77 30.5% 76850110 992060 Electrical & Pl 5,000 0 5,000 3,347.19 .00 1,652.81 66.9% 76850110 993050 Radio Equipment 0 0 0 28.94 .00 -28.94 100.0%- 2020/10/090197 04/07/2020 API 28.94 VND 010856 VCH JET AIR INC IOW Maintenance Reimbursement 243026 76850110 993080 Other Equipment 4,460 0 4,460 9,980.42 .00 -5,520.42 223.8%' 76850110 995030 Nursery Srvc-La 38,500 0 38,500 43,110.01 .00 -4,610.01 112.0%' 2020/10/040197 04/07/2020 API 5,500.00 VND 010856 VCH JET AIR INC IOW Groundskeeping/Maintenance 243026 76850110 995080 Snow and Ice Re 30,000 0 30,000 31,193.89 .00 -1,193.89 109.0%' 76850110 995110 Testing Service 2,500 0 2,500 1,974.04 .00 525.96 79.0% 76850110 995230 Other Operating 279 0 279 1,411.94 .00 -1,132.94 506.1%' 76850110 996100 City Attorney 7,258 0 7,258 6,653.17 .00 604.83 91.7% 2020/10/040326 04/30/2020 GEN 604.83 REF REJEM2 Airport to Attorney Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 mtharpYEAR-TO-DATE FOR 2020 13 ACCOUNTS FOR: 7600 Airport ICITY OF IOWA CITY BUDGET REPORT MAY DETAIL ORIGINAL TRANFRS/ APPROP ADJSTNTS 2019 REVISED BUDGET YTD ACTUAL P 8 Iglytdbud JOURNAL DETAIL 2020 10 TO 2020 10 AVAILABLE POT ENCUMBRANCES BUDGET USED 76850110 996120 ITS-Server/Stor 592 0 592 518.49 .00 73.51 87.6% 2020/10/040852 04/30/2020 GNI 41.20 REF AO Storage of files AIR 2020/10/040853 04/30/2020 GNI 8.78 REF AO Storage of Email 76850110 996130 ITS-PC/Peripher 11,975 0 11,975 13,264.90 .00-1,289.90 110.8%- 2020/10/090860 04/30/2020 GNI 1,213.50 REF AO APR ITS Repl Chgbk 76850110 996160 ITS-Infrastuctu 8,761 0 8,761 8,761.00 .00 .00 100.0% 76850110 996190 ITS -Software SA 216 0 216 203.50 .00 12.50 94.2% 2020/10/040854 04/30/2020 GNI 18.50 REF AO Office software 76850110 996200 Photocopying Ch 0 0 0 500.98 .00-500.98 100.0%' 76850110 996300 Phone Equipment 1,371 0 1,371 1,263.95 .00 107.05 92.2% 2020/10/040861 04/30/2020 GNI 112.50 REF AO CH APR PHONE ASSET CHARGE 2020/10/040862 04/30/2020 GNI 1.95 REF AO CH APR LONG DISTANCE CHARGES 76850110 996320 Mail Chargeback 0 0 0 71.90 .00 -71.90 100.0%' 76850110 996350 City Vehicle Re 25,142 0 25,142 22,489.08 .00 2,652.92 89.4% 2020/10/040885 04/30/2020 GNI 2,070.85 REF TLW APR REPLACEPIENT COST 76850110 996370 Fuel Chargeback 4,264 0 4,264 3,402.35 .00 861.65 79.8% 2020/10/040885 04/30/2020 GNI 215.67 REF TLW APR DIVISION FUEL Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 ICITY OF IOWA CITY P 9 mtharpYEAR-TO-DATE BUDGET REPORT glytdbud MAY DETAIL 2019 FOR 2020 13 JOURNAL DETAIL 2020 10 TO 2020 10 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE ]?CT 7600 Airport APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 76850110 996380 Vehicle R&M Cha 24,094 0 24,094 10,575.67 .00 13,518.33 43.9% 2020/10/040885 04/30/2020 GNI 2,254.08 REF TLW APR DIVISION SERVICE 76850110 999055 Permitting Fees 990 0 990 265.00 .00 175.00 60.2% 76850110 999060 Dues & Membersh 1,375 0 1,375 1,250.00 .00 125.00 90.9% 76850110 999120 Equipment Renta 500 0 500 .00 .00 500.00 .0% 76850110 452010 Office Supplies 570 0 570 .00 .00 570.00 .0% 76850110 454020 Subscriptions 282 0 282 325.60 .00 -43.60 115.5%- 76850110 461050 Other Agricultu 230 0 230 .00 .00 230.00 .0% 76850110 466070 Other Maintenan 5,000 0 5,000 1,284.91 .00 3,715.09 25.7% 76850110 467020 Equipment R&M S 0 0 0 1,518.77 .00 -1,518.77 100.0%' 2020/10/040197 04/07/2020 API 13.32 VND 010856 VCH JET AIR INC IOW Maintenance Reimbursement 243026 76850110 468030 Asphalt 250 0 250 .00 .00 250.00 .0% 76850110 469190 Minor Equipment 0 0 0 1,795.95 .00 -1,795.95 100.0%' Airport Commission Agenda & Inbmation Packet 06/09/2020 10:51 ICITY OF IOWA CITY IP 10 mtharp I YEAR-TO-DATE BUDGET REPORT Iglytdbud MAY DETAIL 2019 FOR 2020 13 JOURNAL DETAIL 2020 10 TO 2020 10 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILARLE PCT 7600 Airport APPROP ADJSTNTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 76850110 469200 Tools 351 0 351 254.39 .00 96.61 72.5% 76850110 469210 First Aid/Safet 599 0 599 300.47 .00 293.53 50.6% 76850110 469360 Food and Bevera 0 0 0 152.76 .00 -152.76 100.0%' 76850110 473020 Non -Contracted 0 15,013 15,013 16,263.00 .00 -1,250.00 108.3%' 76850110 474240 Tractors 12,000 0 12,000 7,710.00 .00 4,290.00 64.3% 76850110 490040 Capital Project 0 114,975 114,975 114,975.00 .00 .00 100.0% 2020/10/040879 04/30/2020 GEN 114,975.00 REF SS/DB 4.30 CIP funding TOTAL Airport Operations -98,342 232,082 133,741 122,999.61 .00 11,290.89 91.6% TOTAL Airport -98,342 232,082 133,741 122,999.61 .00 11,290.89 91.6% TOTAL REVENUES-463,020 86,500 -376,520 -367,285.70 .00 -9,234.30 TOTAL EXPENSES 364,678 145,582 510,261 489,735.31 .00 20,525.19 PRIOR FUND BALANCE 199,898.35 CHANGE IN FUND BALANCE - NET OF REVENUES/EXPENSES -122,999.61 REVISED FUND BALANCE 22,998.74 Airport Commission Agenda & Inbnnation Packet 06/09/2020 10:51 ICITY OF IOWA CITY IP 11 mthaxp I YEAR-TO-DATE BUDGET REPORT glytdbud MAY DETAIL 2019 FOR 2020 13 JOURNAL DETAIL 2020 10 TO 2020 10 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED GRAND TOTAL-98,342 232,082 133,741 122,999.61 .00 11,290.89 91.6% " END OF REPORT - Generated by Michael Tharp "