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HomeMy WebLinkAboutC05-317 Midwest Air Traffic Control Service THIRD AMENDMENT TO THE AGREEMENT FOR OPERA nON OF THE EAGLE COUNTY REGIONAL AIRPORT CONTROL TOWER BETWEEN EAGLE COUNTY, COLORADO AND MIDWEST AIR TRAFFIC CONTROL SERVICE, INC. THIS THIRD AMENDMENT is hereby made and entered into this -1- day of 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as "County") and Midwest Air Traffic Control Service, Inc., a Kansas Corporation (hereinafter referred to as "Contractor"). WITNESSETH WHEREAS, County and Contractor entered into an Agreement for Operation of the Eagle County Regional Airport Control Tower on March 26, 2002 ("Agreement"); and WHEREAS, subsequent to entering into that Agreement, County constructed a new air traffic control tower; and WHEREAS, on December 16, 2003 County and Contractor entered into an Amended Agreement for Operation of the Eagle County Regional Airport Control Tower, thereby amending certain terms in the Agreement; and WHEREAS, on January 4, 2005 County and Contractor entered into the Second Amendment to the Agreement for Operation of the Eagle County Regional Airport Control Tower thereby amending certain terms in the Agreement; and WHEREAS, pursuant to Article II of the Agreement, the Agreement may be extended for four (4) additional and successive one-year terms commencing October 1, 2002; and WHEREAS, County and Contractor desire to extend the Agreement for an additional one-year term commencing on October 1, 2005 and ending on September 30, 2006; and WHEREAS, County desires to amend the Agreement to add an additional controller to its staffing plan commencing November 6, 2005 through April 1, 2006 and Contractor desires to provide such services; and WHEREAS, pursuant to Article VIII (E) of the Agreement the parties may amend the Agreement through a written amendment executed by Contractor and County, 1 AGREEMENT NOW, THEREFORE, the parties in consideration of the covenants and agreements as more fully set forth herein, and as set forth in the original Agreement do hereby agree as follows: I, County and Contractor hereby agree to extend the Agreement for an additional one-year term, said term commencing on October I, 2005 and ending on September 30, 2006. County shall pay to contractor the amounts defined in Article IV of the Agreement. 2, The last sentence of Article III of the Agreement, which was added pursuant to the "Amended Agreement for Operation of the Eagle County Regional Airport Control Tower" dated December 16,2003, shall be amended to read as follows: "Contractor agrees to add an additional controller to its staffing plan commencing November 6,2005 through April I, 2006, The cost of the seasonal controller is $27,840,84 or $5,560,00 per month for five (5) months to be paid by County monthly upon receipt of an invoice from Contractor. From November 6, 2005 through April 1, 2006 the parties agree that the hours of operation shall be adjusted to cover the hours of 7:00 a.m. to II :00 p.m, Hours beyond 11:00 p,m. shall be invoiced at $40,00 per hour based upon the current federal wage determination with respect to the FAA Contract as set forth above in this Article III. In no case shall tower hours be extended beyond 1 :00 a.m." 3. Article IV of the Agreement shall be amended to read as follows: "The County shall pay to Contractor the amounts provided in the FAA Contract and in accordance with the terms of the FAA Contract. In addition, County agrees to pay for hours beyond 11 :00 p,m, County further agrees to pay for an additional seasonal controller as set forth in Article III above, not to exceed $27,840.84 for the period of November 6,2005 through April 1, 2006. Contractor shall send its monthly invoice to: Eagle County Regional Airport Administrative Office P,O. Box 850 Eagle, CO 81631" 4. The terms of the Agreement, as previously amended, shall continue in full force and effect except as modified by this Amendment. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day and year first mentioned above, 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: COUNTY COMMISSIONERS I Clerk to the Board of County Commissioners MIDWEST AIR TRAFFIC CONTROL INC. 3