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HomeMy WebLinkAbout _ 4.2(a)--Budget Amendment - American Assn of Airport Executives Interactive Employee Training progra CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Resolution approving the 8th Amendment to City Budget Resolution No. 2023-060 appropriating $27,750 in Passenger Facility Charges and Airport Funds to facilitate payment of the American Association of Airport Executives Services Agreement (C-9139) for the Interactive Employee Training program at the Redding Regional Airport. Fiscal Impact This action would appropriate $27,750 of Redding Regional Airport (Airport) Passenger Facility Charges (PFC) revenue to facilitate payment of the American Association of Airport Executives (AAAE) contract. The scope of the contract was amended in July 2022 and the increase in cost was not accounted for in the Airports Division’s current budget. This has been corrected for future billings. Alternative Action City Council may choose not to adopt the resolution and the Airports Division’s operating budget will be over-budget. Background/Analysis The Airport entered into the AAAE contract to develop and provide an Interactive Employee Training (IET) program. The scope of the agreement was amended creating an increase in the contract amount from $27,750 to a total amount of $55,500. The increased contract amount was erroneously left unencumbered during the budgeting process. MEETING DATE: August 15, 2023 ITEM NO. 4.2(a) FROM: ***APPROVED BY*** sbade@cityofredding.org btippin@cityofredding.org SUBJECT: 4.2(a)--American Association of Airport Executives Interactive Employee Training program and Budget Amendment Steve Bade, Assistant City Manager Report to Redding City Council August 9, 2023 Re: 4.2(a)--Budget Amendment - American Assn of Airport Executives Interactive Employee Training progra Page 2 The initial invoice in the amount of $27,750 was paid using cost-savings generated from operating funds granted by the Federal government as part of COVID-19 relief efforts through the CARES Act. The second invoice arrived after the exhaustion of cost-savings from the CARES Act funding and other operating grants and did not trigger internal controls that an outstanding contract amount was unfunded. The final invoice arrived and was processed for payment after July 1, 2023. The current fiscal year budget is not sufficient to absorb the remaining contract amount of $27,750. Environmental Review This action is not a project as defined by the California Environmental Quality Act, and no further action is required. Council Priority/City Manager Goals This is a routine operational item. Attachments ^Resolution ^Notice of Intent American Association of Airport Executives Services Agreement (C-9139) Airports Ten Year Plan RESOLUTION NO. 2023-___ A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 8TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING $27,750 IN AIRPORT PASSENGER FACILITY CHARGE FUNDING FOR THE AAAE- IET TRAINING CONTRACT FOR FISCAL YEAR 2023-24 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 201 7101 Redding Regional Airport $27,750 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FUNDS Decrease (Increase) Fund Balance 201-7101-3616202-00000 Airport Passenger Facility Charges 27,750$ Increase Expenditures 201-7101-5037501-00000 Professional Services & Consulting 27,750$ Total 27,750$ 27,750$ THAT the purpose is to appropriate $27,750 in Passenger Facility Charge funding for the AAAE- IET training contract for fiscal year 2023-24. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 15th day of August, 2023, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MICHAEL DACQUISTO, Mayor ATTEST: FORM APPROVAL: SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney U.S Department of Transportation Federal Aviation Administration Western-Pacific Region Office of Airports 777 S Aviation Blvd, Ste 150 El Segundo, CA 90245 Jim Wadleigh Airports Manager 6751 Woodrum Circle, Suite 200 Redding, California 96002 VIA EMAIL Dear Mr. Wadleigh, Subject: Redding Municipal Airport (RDD), Redding, CA PFC Application 23-06-C-00-RDD Acknowledgement Letter In accordance with 49 U.S.C. § 40117, the Federal Aviation Administration (FAA) acknowledges your notice of intent to impose a PFC charge at Redding Municipal Airport (RDD) and to use PFC revenue at RDD. The authority to impose a PFC is contingent on your continued compliance with the terms of 49 U.S.C. § 40117, 14 Code of Federal Regulations (CFR) Part 158 and any conditions included in this letter. Your notice of intent, submitted on January 12, 2023 has been assigned the following PFC Application Number: 23-06-C-00-RDD. The FAA acknowledges that you will begin collecting a PFC at a $4.50 PFC level on January 1, 2024 and complete your collections on November 1, 2024. Furthermore, the FAA acknowledges that you will collect $343,513 in PFC revenue. The FAA does not have any particular objections to the projects listed below: Project Title Type Level Pay-as-you-go Total Guidance Sign Installation & Misc. NAVAID (002) Concurrent $4.50 $30,811 $30,811 Terminal Loop Design (003) Concurrent $4.50 $53,633 $53,633 AAAE-IET Training Program (004) Concurrent $4.50 $42,000 $42,000 Master Drainage Study (006) Concurrent $4.50 $52,001 $52,001 The FAA only partially acknowledges the projects listed below for the following reason(s). Project #1: Actual costs equal $61,141.53; however, FAA cannot authorize cents/pennies so the correct total is $61,141. Project #5: The local/non-federal share of AIP Grant #63 is $103,927. You may only collect or use PFC revenue equal to the amounts listed to fund these projects. Project Title Type Level Pay-as-you-go Total PFC Audit (001) Concurrent $4.50 $61,141 $61,141 Update Airport Master Plan Study (005) Concurrent $4.50 $103,927 0,$103,927 The FAA also acknowledges your proposal to exempt that class of air carriers defined as Commuters or Small Certificated Air Carriers, filing T-100, which enplane not more than 1% of the total number of passengers enplaned annually at RDD, as well as Large Certificated Air Carriers, filing T-100, which enplane not more than 1% of the total number of passengers enplaned annually at RDD, that are operating at RDD from the requirement to collect the PFC. We request that you notify the carriers in these excluded classes, which were listed in your notice of intent, of their exemption. All public agencies collecting PFC’s are subject to reporting, record keeping, and auditing requirements as described in 14 CFR Part 158, Subpart D (14 CFR section 158.61 et. seq.). Specifically, you are reminded that, pursuant to 158.67(c), at least annually during the period the PFC is collected, held or used, each public agency shall provide for an audit of its PFC account. After completion of your audit, please provide the San Francisco Airports District Office (ADO) a copy of the audit. Also be advised, that the ability to collect on PFC Application Number 23-06-C-00-RDD is governed by either the charge-expiration date, noted above, or when full collection authority (PFC collections plus interest) is reached – whichever comes first. Therefore, it is important to monitor your rate of collection and adjust your charge expiration date as necessary. The charge effective date must be the first day of the month and must be at least 30 days from the date of this letter. We request that you provide a copy of your notice to: Mr. Robert (Bob) Zimmerer Community Planner San Francisco Airports District Office via email at robert.l.zimmerer@faa.gov when you notify the air carriers and foreign air carriers to begin collecting PFCs. Also, you are responsible for coordinating any construction with the appropriate federal offices as you would with any non-federally funded construction. Be advised, 14 CFR section 158.33(a)(1) requires you to implement your concurrent impose and use projects that the FAA has not objected to within 2 years of the date of this letter. 14 CFR section 158.33(a)(1) requires the public agency to begin implementation of a project no later than 2 years after receiving clearance to use PFC revenue on that project. Finally, you must comply in accordance with your certification of 14 CFR Part 158 assurance number 9, standards and specifications and ensure PFCs are used only for eligible components, spaces, and/or equipment. Any inquiries concerning this application should be directed to Mr. Robert (Bob) Zimmerer, Community Planner, San Francisco Airports District Office via email at robert.l.zimmerer@faa.gov. Sincerely, Arlene Draper Manager, Planning & Programming Branch, AWP-610 Office of Airports, Western-Pacific Region ROEd e 041 777 CYPRESS AVENUE, REDDING, CA 96001 ftiebAutiel,,,,</„,--4; P.O. Box 496071, REDDING, CA 96049-6071 PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CITY CLERK 530 225 4447 530 225 4463 FAX December 30, 2021 American Association of Airport Executives Attn: Carter Morris 601 Madison Street Alexandria, VA 22314 RE: Services Agreement— C-9139 Dear Carter Morris, Enclosed please find the fully executed original of the above referenced to Services Agreement by and between the City of Redding and American Association of Airport Executives regarding service and support of computer based training. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Sincerely, Amber DalPoggetto Executive Assistant Enclosure cc: Stephanie McCollum Frank Meyer Ellen Grannis AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES SERVICES AGREEMENT THIS AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES SERVICES AGREEMENT ("Agreement") is made and entered into as of /7/ 2021 the "Effective Date") by and between (i)the American Association of Airport Executives AAAE"), and (ii) Redding Municipal Airport, an entity organized under the laws of the State of California ("Airport"), who, intending to be legally bound, hereby agree as follows: 1.Purpose of Agreement; Scope of Services. The purpose of this Agreement is to provide Designated Aviation Channeling (DAC) services and support of Computer Based Training (CBT) solutions to operate effectively and efficiently, in accordance with federal regulations ("Services"). The scope of services and the parties' responsibilities are as defined in Exhibit A (DAC services) and Exhibit B CBT solutions) attached hereto and by this reference made a part hereof. 2.Fees and Payment 2.1 Fee Payment. In full payment for the Services to be provided, Airport shall pay the fees set forth in Exhibit C at the times and in the manner set forth herein. 2.2 Payment Procedures. For DAC services, the Airport shall establish and maintain a deposit account on which AAAE shall have the limited authority to debit the fees set forth in Sections 2.2 and 2.3 for each of Airport's enrollments. Airport shall retain full ownership of the deposit account and shall replenish such account balance periodically as needed. The AAAE shall notify Airport immediately at any time that there is an unavailability of funds in Airport's deposit account. Airport's deposit account can be replenished by ACH, wire transfer, check or credit card. AAAE will debit the Airport's deposit account for any ACH or electronic transfer fees incurred prior to releasing the funds for processing records. For development of CBT programs, AAAE shall submit an invoice to the Airport after acceptance and delivery of the final scripts used in production of the training courses for 50% of the total project cost noted in Exhibit C. The remaining 50% will be invoiced after AAAE installs the training courses noted in Exhibit C for User Acceptance Testing. For support of CBT solutions, AAAE shall submit an invoice to the Airport on an annual basis, starting with the first of the month following the execution of this Agreement. The Airport shall pay such invoice within thirty (30) calendar days of receipt. 2.3 Invoicing. For DAC services, the Airport's account will be debited through an automated system. However, for the purposes of corrections or other administrative purposes where an individual will be required to have access to the account, AAAE shall designate a qualified AAAE official, and alternate, with accounting responsibilities to have access to the deposit account. Th The AAAE shall provide to the Airport the ability to view basic financial information on AAAE website through the Financial Information link. This information can be sorted and searched by the airport to provide an invoice itemizing with reasonable specificity the debits made by AAAE during the prior month. In the event Airport disputes any items,the parties shall work,in good faith to resolve such disputes and make any necessary refunds and credits. 3.Term and Termination 3.1 Term. The term of this Agreement shall be effective from the date of signature and unless earlier terminated pursuant to Section 3.2 or 3.3, it shall continue for an initial term of twenty-four (24) months. After the initial term, the Agreement shall automatically renew for additional twelve (12) month periods unless otherwise determined by mutual agreement of the parties. 3.2 Termination for Default. This Agreement may be terminated by either party in the event that the other party has not performed any material obligation or has otherwise breached any material term of this Agreement upon the expiration of thirty (30) days (or any longer cure period authorized by the non-breaching party with respect to any individual breach) after receipt of written notice thereof if the breach or nonperformance has not then been cured. 3.3 Action upon Termination. Upon expiration or earlier termination of the Agreement, in regard to the DAC services, AAAE shall provide to Airport a final accounting, including but not limited to, all uninvoiced amounts. In addition, if requested by Airport, AAAE shall return Airport's Criminal History Record Check data using an encrypted external media device utilizing FIPS 140-2 certified encryption modules (e.g. hard disk drive) or other appropriate media as approved by AAAE. The external media device shall be supplied by Airport at its cost or by AAAE at Airport's cost. The AAAE shall invoice Airport for fingerprint data returned at AAAE's current time and material hourly rate plus the cost, if any, of a AAAE supplied media device. 4.Representations and General Warranties 4.1 By AAAE. The AAAE hereby represents and warrants to Airport as follows: a.Authorization and Binding Obligation. The AAAE has full corporate power and authority to enter into, deliver and perform fully its obligations under this Agreement. This Agreement has been fully executed and delivered by AAAE, and constitutes the legal, valid, and binding obligation of AAAE, enforceable against it in accordance with its terms. b. No Conflict. The execution, delivery and performance by AAAE of its obligations under this Agreement do not knowingly conflict with, result in a breach of or require any consent under the charter or bylaws of AAAE or any applicable law or regulation, any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which AAAE is a party or by which it is bound or to which it subject, or constitute a default under such agreement or instrument. 4.2 By Airport. Airport hereby represents and warrants to AAAE as follows: a.Authorization and Binding Obligation. Airport has full corporate power and authority to enter into, deliver and perform fully its obligations under this Agreement. This Agreement has been duly executed and delivered by Airport and constitutes the legal, valid, and binding obligation thereof, enforceable against Airport in accordance with its terms. b. No Conflict. The execution, delivery and performance by Airport of its obligations under this Agreement do not conflict with, result in a breach of or require any consent under, the charter or bylaws of Airport or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which Airport is a party, or by which it is bound or to which it is subject, or constitute a default under any such agreement or instrument. 5. Warranty and Use of Software for CBT Solutions a. Use of Software. The parties agree that the Software is proprietary to AAAE. AAAE retains all intellectual property rights, including copyright, patent and trade secret rights and the Airport agrees that the Software and all related data whether oral or written, and furnished under this Agreement are provided for the Airport's (and its consultants and contractors) exclusive use for the purposes of this Agreement and will be held in confidence. The Airport agrees not to duplicate or disclose any information provided relative to the Software in whole or in part, for the use of others. The Airport will use the Software only for its own internal training purposes and will not use the Software in any manner for or by a third party. b. Warranty. AAAE warrants that the software and training courses at the time of installation of CBT shall materially conform to the specifications agreed-upon. In case of a nonconformance, the Airport shall promptly notify AAAE. AAAE shall correct any nonconformance after notification within a reasonable time by the means it determines to be the most appropriate, whether by telephone instructions, the issuance of updating documentation, corrective code, hardware replacement or modification, or other methods. Notwithstanding the warranties outlined above, AAAE makes no other warranties, express or implied, oral, or written, and makes no representation or guarantees to Airport whatsoever and specifically disclaims all other warranties. 6.Confidentiality 6.1 Confidentiality. Each party shall maintain in strict confidence, and agrees not to disclose to any third party,except as necessary for the performance of this Agreement when authorized by the other party in writing, Confidential Information that one party receives ("Recipient") from disclosing party ("Discloser"). "Confidential Information" means all non-public information of a competitively sensitive nature concerning the disclosing party,including,but not limited to: (a) software, data, and information regarding services, systems or products; (b) processes, procedures, operations, engineering or technology; (c) present product lines, including without limitation, their design, manufacture, marketing, quality control, costs, configurations and uses for such products, as well as the aforementioned information related to products which are the subject of either party's research and development; (d) customer lists,customer information,business plans or data, sales volumes, profitability figures, financial information or other economic or business information; or (e) any efforts undertaken by either party on behalf of their members or customers. 6.2 Exceptions. Confidential Information does not include: information that is required by law and/or order of competent legal authority to be disclosed; information that is or subsequently may come within the knowledge of the public generally through no fault of Recipient; information that Recipient can show was previously known to it as a matter of record at the time of receipt; information that Recipient may subsequently obtain lawfully from a third party who has lawfully obtained the information free of any confidentiality obligations; or information that Recipient may subsequently develop as a matter of record, independently of disclosure by Discloser. 6.3 Duration. With respect to Confidential Information not constituting a trade secret, this Agreement shall remain in full force and effect for a period of three (3) years; with respect to Confidential Information constituting a trade secret, this Agreement shall remain in full force and effect for so long as the Confidential Information constitutes a trade secret. 6.4 Injunctive Relief. Recipient acknowledges that disclosure of any Confidential Information by it or its employees will give rise to irreparable injury to Discloser or the owner of such information, not adequately compensated by damages. Accordingly, Discloser or such other party may seek and obtain injunctive relief against the breach or threatened breach of this Section, in addition to any other legal remedies which may be available, without the requirement of posting bond. 7.Intellectual Property Rights 7.1 The AAAE and Airport acknowledge that both parties and/or third parties retain all right, title and interest under applicable contractual, copyright, intellectual property, and related laws to their previously owned, developed or obtained intellectual property and any enhancements and modifications to same and in the databases and information contained therein used to provide either party's products or services hereunder, and the parties shall use such materials consistent with such right, title and interest and notify the applicable party of any threatened or actual infringement thereof. 7.2 The AAAE retains all its previously owned, developed or obtained intellectual property. The Airport shall use AAAE's intellectual property with such rights as necessary to perform the functions of AAAE's Automated Integration Services, and notify AAAE of any threatened or actual infringement thereof 7.3 In the event that development work is undertaken under this contract by AAAE, which specifically excludes all previously owned, developed or obtained intellectual property, then any such developed items shall be owned by AAAE except in instances related to CBT solutions where AAAE develops Airport specific data or video, which are explicitly for the Airport and using the Airport's information, then such developed data and video shall be owned by the Airport. 7.4 Airport shall not, except as required by applicable law(and then only to that extent): Reverse engineer, translate, disassemble, decompile the whole or any part of AAAE's service offering, solution or proprietary assets or otherwise attempt to access same; Assign, transfer, sell, license, sub-license, lease, rent, charge or otherwise deal in or encumber the proprietary material of AAAE or use the proprietary material of AAAE on behalf of or for the benefit of any third party, or make available the same in any way whatsoever to any third party without AAAE's prior written consent in a fashion contrary to the terms of this Agreement; Distribute, create derivative works of or modify proprietary material of AAAE in anyway, nor create or develop a competitive or similar offering to that of AAAE, nor use, copy, duplicate or display the proprietary material of AAAE on a commercial or development basis except as expressly provided under an agreement. 8.Data Protection The AAAE is dedicated to protecting the Airport provided data, including biometric and biographic information, and providing the Airport with the highest level of service. Airport provided data, which includes personal information sent to AAAE, is not disclosed, made available or otherwise used for any purposes other than for those purposes of completing fingerprint-based criminal history records checks and security threat assessments as prescribed by federal regulation or other forms of government mandate or requests or as mutually agreed upon by Airport and AAAE. Fingerprint and biographical information can be used for other purposes only with the data provider's express permission or as required to comply with applicable laws. The AAAE does not disclose the Airport provided information to companies outside AAAE and AAAE agents and subcontractors, except as required by law. The confidentiality of Airport information is an important part of our operations and a standard business practice. 9. Limitation of Liability Notwithstanding the aforementioned, in no event shall any party be liable for any special, indirect, exemplary, incidental, punitive, or consequential damages arising out of or otherwise relating to the use or performance of the Services. 10. Miscellaneous 10.1 Relationship.This Agreement does not create any partnership,joint venture, franchisor-franchisee, or employer-employee relationship between the parties hereto. Neither party hereto is granted any express or implied right or authority to bind the other party hereto in any manner whatsoever. 10.2 No Third Party Beneficiaries. There are no third-party beneficiaries entitled to enforce any provisions of this Agreement. 10.3 Entire Agreement. This Agreement, together with the Exhibits attached hereto, contains the entire agreement and understanding of the parties hereto with respect to the matters herein set forth, and all prior agreements, negotiations and understandings relating to the subject matter of this Agreement are merged herein and are superseded and canceled by this Agreement. 10.4 Amendment.This Agreement may not be modified except in writing, signed by both of the parties hereto. 10.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to conflicts of law principles thereof. 10.6 Notices. All communications between the parties with respect to any of the provisions of this Agreement shall be in writing, and shall be sent by personal delivery or airmail, facsimile transmission, or other commercial means of rapid delivery, postage or costs of transmission and delivery prepaid, to: If to AAAE, to: American Association of Airport Executives 601 Madison Street Alexandria, VA 22314 Attn: Carter Morris Tel.: (703) 824-0500 Fax: (703) 820-1395 If to Airport: Attn:cc cxy‘k IAA ex- Tel: 530- ,15- 5 5ir Fax: or at such other address, such other person's attention, or such other facsimile number, as shall be specified by like notice. 10.7 Severability. In the event that any provision of this Agreement is declared by a court of competent jurisdiction or arbitration tribunal to be void or unenforceable, the parties hereto expressly agree that such void or unenforceable provision shall be deemed severed from this Agreement, and the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect to the extent feasible in the absence of the void and unenforceable provision. The parties furthermore agree to execute and deliver such amendatory contractual provisions to accomplish lawfully as nearly possible the goals and purposes of the provision so held to be void or unenforceable. 10.8 Waiver. Any party may waive compliance by the other party with any of the provisions of this Agreement.No waiver of any provision shall be construed as a waiver of any other provision or the same provision in a subsequent instance. Any waiver must be in writing. 10.9 Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No assignment of this Agreement or of any contractual rights or obligations hereunder may be made by either party (by operation of law or otherwise) without the prior written consent of the other party hereto, which shall not be unreasonably withheld, and any attempted assignment without the required consent shall be null and void. 10.10 Cooperation. Each party hereto shall take all such steps and measures as may be requested by the other party hereto in order to effectuate the purposes of this Agreement. 10.11 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. 10.12 Headings. The section headings and other descriptions contained in this Agreement are for reference purposes only and shall not affect any way the meaning or interpretation of this Agreement. 10.13 Further Assurances. Each party hereto shall do and perform or cause to be done and performed all further acts and things and shall execute and deliver all such other certificates, instruments and documents as any other party hereto reasonably may request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby. 10.14 Dispute Resolution. The parties shall make good faith efforts to first resolve internally any dispute under this Agreement by escalating it to higher levels of management. IN WITNESS WI-IEREOF, this Agreement has been duly executed by or on behalf of each of the parties hereto as of the date first above written. AMERICAN ASSOCIATION OF Redding Municipal Airport- AIRPORT EXECUTIVES (AAAE)Airport) By: By:Chuck Aukland Name: grjrie-- 1 Name P . is WorksDirPcfp Title: Title: Date:d /. Date:2/2S1ZI ATTEST: th)WW4flicl Ar _go6ea PANT! A MIZE. City Clerk Y: rte att Exhibit A Designated Aviation Channeling Services The AAAE is a Transportation Security Administration(TSA) approved Designated Aviation Channeler (DAC) for: (1) the statutorily required biometric checks; (2) the TSA mandated biographical data checks; and (3) the optional subscription to the TSA Aviation FBI Rap Back Program. Specifically, AAAE's channeling responsibilities include the receipt and processing of mandated background investigations, consisting of a fingerprint-based criminal history records check and biographical security threat assessment, of each individual employed in, or applying for, a position in which the individual: (1) has unescorted access, or may permit other individuals to have unescorted access, to aircraft of an air carrier or foreign air carrier or a secured or sterile area of an airport in the United States; (2) will be responsible for screening passengers or property to be carried aboard an aircraft; (3) is a supervisor of the individuals described in (2) above; (4) who exercises security-related functions associated with aircraft, or performs their duties in sensitive areas of the aviation system, as the TSA Administrator determines is necessary to ensure air transportation security; and (5) is an airport operator employee or agent known as a trusted agent who collects information from applicants and current airport identification media holders used for Criminal History Record Checks (CHRC) and Security Threat Assessments (STA) checks, transmits the information to AAAE, authorizes the issuance of identification media, or issues the identification media. In consideration of the fees paid pursuant to the terms of the Agreement, AAAE will collect and process CHRC and STAs. The AAAE service obligations are: o Collecting the Airport's aviation worker fingerprints, biographical data and required payments for processing the background investigations and immediately forwarding each fingerprint to TSA or another appropriate Federal agency for processing, using electronic means to transmit electronic prints. o Digitizing inked fingerprint card submissions and forwarding them electronically. The AAAE takes all necessary steps required to ensure that the fingerprints are not altered in any way from their original condition. o Enrolling the Airport into the TSA Aviation FBI Rap Back program, managing the Airport's subscription and providing support to the Airport for the program's reporting requirements. O o Utilizing AAAE's fingerprint tracking process, which allows for accurate fingerprint submission status at any point in the background check process. o Performing "real-time"processing to transmit fingerprints to the federal system. o Providing quality assurance and error corrections, when possible, allowing for the maintenance of one of the best error rates in the U.S. for submissions to the FBI. o Providing superior customer support to Airport for questions regarding AAAE services and coordinating the resolution of Airport problems regarding TSA technical and procedural issues. o Ensure that the Airport data transmitted to TSA is secured in accordance with the Federal Information Security Management Act (FISMA), DHS 4300a controls, and appropriate DHS and TSA security policies. o Ensure that processes are in strict accordance with TSA and FBI regulations and guidance and AAAE maintains the highest standards for privacy of the employee information. The Airport's obligations are: Airport agrees to use AAAE as a DAC for the aviation worker vetting programs outlined above for the term of the agreement and so long as AAAE is accepted as a DAC by TSA. Airport shall perform all obligations required to support AAAE in performing the services, including, but not limited to: o Delivering to AAAE formatted data, associated supporting documentation, and certification, as required by TSA; o Establishing and maintaining secure and reliable communication with AAAE and keep the communication methods in good working order; and o Providing AAAE with complete and accurate documents and biometric data for each aviation worker program applicant and in a form and format that is reasonably acceptable to AAAE. Exhibit B Computer Based Training Solutions Statement of Work The following is the maintenance support and service plan for the CBT solutions, also known as the Interactive Employee Training (IET). AAAE will provide Computer Based Training to the Airport consisting of a customized, web-based training solution. AAAE's web-based system, the Interactive Employee Training Learning Suite (IET), is airport-specific, scalable and has cloud-based capabilities. AAAE will provide the following services for the development of IET: Advance consultation on custom videotaping Narration and Audio mixing Custom content/scenario development All graphics and graphic artwork Story boarding and visual development Interactive script development and branching On-site videotaping,to include site survey Integration of custom video into interactive Visualization and scene layouts course Dramatization and scenario development Programming interactive assessments for IET Pre-production meetings for role playing A review version of the interactive course development Packaging of approved interactive program Directing and production of scenarios Final interactive program loaded on each unit Overseeing scene treatment and continuity Installation and On-site testing Non-linear editing and postproduction Quality assurance AAAE's obligations are as follows: AAAE will be directly involved in all aspects of the project and is responsible for planning and execution. AAAE's team consists of a Project Manager who will be the Airport's primary point of contact, and several team members who are assigned to deliver their tasks according to the project schedule or timeline. On large projects, some team members may serve as Team Leads, providing task and technical leadership. The Project Manager will be responsible for overseeing the day-to-day activity and coordinate all functions and workflows. At initiation of the project, the Project Manager will schedule a kickoff meeting to review development phases and approval cycles. The courses and their content will be provided to the Airport for review, and the Airport will have time to review course material. The Project Manager will provide the Airport with a project timeline and scope of work. If at any time, the Airport desires to make any changes or variations from the script(s) or storyboard(s) or from any material or work in progress, and such changes result in additional costs to AAAE, AAAE agrees to notify the Airport of the amount before any such additional costs are incurred and AAAE shall proceed only after receiving approval written or oral) from Authorized Representative, approval by Airport shall be binding and incorporated into the terms of this Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment. The Airport's obligations are as follows: Course Script Approval. Those authorized to review and approve course scripts form the Airport will have ten (1 0) business days to make editing comments upon delivery from a Project Manager. If no comments or edits are received after ten (10) business days from delivery, AAAE will assume the Airport has accepted and approved the script as delivered and proceed to the next phase of production. If Airport makes changes to the approved script after the commenting period is complete, then a change order will be initiated at a rate of$150 per hour charged to the Airport. Course Video Production Approval. Those authorized to review and approve course video production will have seven (7) business days to make editing comments upon notification from a Project Manager. If no comments or edits are received after seven (7) business days from delivery, AAAE will assume the Airport has accepted and approved the production as delivered and proceed to the next phase of the project. If the Airport makes changes to the approved video production after the commenting period is complete, then a change order will be initiated at a rate of$150 per hour charged to the Airport. User Acceptance Testing. Those authorized to conduct user acceptance testing for the Airport will have seven (7) business days to make comments upon delivery from the AAAE. If no comments are received after seven (7) business days from delivery, AAAE will assume the Airport has accepted and approved the delivered courses and complete the project. If the Airport makes changes to the courses after the user acceptance period is complete, then a change order will be initiated at a rate of$150 per hour charged to the Airport. Maintenance Support/Service Plan Service Description 8AM - 8PM EST Includes technical telephone s Monday-Friday Phone upport between the hours of 8AM & Support 8PM EST Monday—Friday (except Federal holidays). Includes complete maintenance of the database and 24/7 Database Support availability of all user data. AAAE ensures data integrity by using overlapping Internet service providers (ISPs), firewall protection for the on-site and remote servers and the daily back up of all data. Helpdesk Ticketing System AAAE implements a helpdesk ticketing system to improve the quality of service, accountability, and customer satisfaction. Includes all operating and video-quality system updates andSystemUpdatesandPatches patches developed by AAAE with remote installation. Includes periodic editing of test questions and other interactive modifications that can be accomplished in the AAAE studio/edit Interactive Course Changes facilities. This package comes with a total allowance of 12 hours per year of labor. These allowance hours may be used for interactive course changes. Each additional hour of labor over the maximum amount will be billed at a rate of$150/hour. Includes an annual on-site visit for the purpose of introducing our Train the Trainer IET training system to new staff or to hold a Q&A session for staff that are familiar with IET. Our hands-on approach will also be an opportunity for us to demonstrate any new tools or features of IET. Regulatory Requirements Package includes updates to course material and videos to remain compliant with federal regulatory changes. Allows for periodic changes/additions to a custom or Value- Added video course that can be accomplished in the AAAE Custom Content/Video studio/edit facilities. This package comes with a total allowance Changes of 12 hours per year of labor. These allowance hours may be used for custom content/video changes. Each additional hour of labor over the maximum amount will be billed at a rate of 1 50/hour. Software Enhancements and Includes periodic Learning Suite and Player enhancements AAAE Updates will make to the ]ET platform to increase efficiency and automation of the software and training operation. AAAE will host the Airport's training course curriculum. AAAE Hosting Required web browsers include Google Chrome,Microsoft Edge, Apple Safari, and Mozilla Firefox. Courses are iOS compatible. Exhibit C Fees and Payment Airport shall pay the fees set forth in this Exhibit for the Services performed by AAAE as outlined in the Agreement. Fees for DAC Services Airport shall pay AAAE: Twenty-Eight dollars and Twenty-Five cents ($28.25) per criminal history record check(CHRC) submission. Three dollars ($3.00) per security threat assessment (STA). One dollar ($1.00)recurrent fee annually for each active STA, which will be paid after the initial first year. Payment date is based on the initial vet date. Two Dollars ($2.00) per RAP Back subscription. In addition to the fees above, there will be a Two Dollar ($2.00) scanning fee per each inked card submission bringing the total fee for each inked fingerprint card submission to thirty dollars and twenty-five cents ($30.25). The AAAE reserves the right to adjust the following fees in case of a material change in the CHRC and STA programs including a price adjustment for the CHRC or STA by TSA or other government entity. Fees for development of CBT Courses and Software SOFTWARE DESCRIPTION PRICE Learning Suite (database) license for training records and Enterprise License and IET-LS reporting via web-based application. Labor required to 7,500.00 Online Configuration configure IET-LS online site to the airport's specific credential ' requirements to host the airport's courses. COURSE _ -DESCRIPTION PRICE SIDA (Customized) Initial Training: Covers general regulation requirements related Virtual Instructor to Part 1542 Airport Security / SIDA including definitions of Interactive Exercises secured areas, badge types and access privileges, badge display, $12,500.00 Pass/Fail Testing piggybacking, challenging, escorting and sensitive security Captions information. Movement Area Driver Training(Customized) Covers the requirements for driving; maintaining vehicle safety; Virtual Instructor definitions and causes of incidents,accidents,and incursions;how $ 15,000.00 Interactive Exercises to effectively communicate with the tower; and all Movement Pass/Fail Testing Area signage,marking and lighting. Sterile Area Training This course is designed for individuals needing an airport-issued Non-Custom security badge with access to the Sterile Area only as described Included Captions under TSA 49 CFR Part 1542. Authorized Signatory This course covers the basic requirements and responsibilities of Non-Custom company employees who are designated according to the SD Included Captions 1542-04-08 Series as signatory authorities. Non-Movement Area Covers the requirements for driving on the Non-Movement Area; Driver Training maintaining vehicle safety;definitions and causes of incidents and Included Non-Custom accidents; and all Non- Movement Area signage, marking and Captions lighting. Travel Expenses for AAAE prefers to film all courses at one time. Should more than $ 5,500.00 Filming Crew one trip be required,the following per trip expense will be applied. 32,500.00 Fees for support of CBT Solutions The Airport shall pay AAAE $6,600 annually. PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530225.4463 FAX CITY OF REDDING 777 Cypress Avenue, Redding, CA 96001 PO BOX 496071, Redding, CA 96049-6071 cityofredding.org July 11, 2022 American Association of Airport Executives Attn: Carter Morris 601 Madison Street Alexandria, VA 22314 RE: First Amendment — C-9139 Dear Carter Morris, Enclosed please find the fully executed original of the above referenced First Amendment to Service Agreement by and between the City of Redding and American Association of Airport Executives regarding updated fees and payments. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Sincerel Amber DalPoggetto Executive Assistant Enclosure cc: Lauren Ford Jim Wadleigh Ellen Graimis HMIL111 The Service Contract by and between the City of Redding ("City"), and the American Association of Airport Executives, dated December 29, 2021, is hereby amended as follows: Article 10.6 is amended in its entirety to read as follows: 10.6 Notices. All communications between the parties with respect to any of the provisions of this Agreement shall be in writing, and shall be sent by personal delivery or airmail, facsimile, transmission, or other commercial means of rapid delivery, postage or costs of transmission and delivery prepaid, to: If to ARAE: American Association of Airport Executives 601 Madison Street Alexandria, VA 22314 Attn: Carter Morris Tel.: (703) 824-0500 Fax: (703) 820-1395 If to Airport: Redding Municipal Airport 6751 Woodrum Circle Redding, CA 96002 Attn: Lauren Ford Tel: (530) 224-4326 Email: airports(q,)cityofreding.org or at such other address, such other person's attention, or such other facsimile number, as shall be specified by like notice. Attachments: The Exhibit 'C' (Fees and Payment) attached to the contract dated December 29, 2021, is hereby replaced in its entirety with the Exhibit 'C' dated 7-7- attached and incorporated by reference herein. All other terms and conditions of the Contract dated December 29, 2021, remain in full force and effect. IN WITNESS WHEREOF, this Agreement has been duly executed by or on behalf of each of the parties hereto as of the date first above written. AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES (AAAE) Lf" By: Name. Title: Date: ATTEST. AME LA MIZE, City Clerk" Redding Municipal Airport Airport) By: N arn er yi p pi ri Title: City Manager Date: Z-Z- Exhibit C Fees and Payment Airport shall pay the fees set forth in this Exhibit for the Services performed by AAAE as outlined in the Agreement. Fees for DAC Services Airport shall pay AAAE: Twenty -Eight dollars and Twenty -Five cents ($2$.25) per criminal history record check CHRC) submission. Three dollars ($3.00) per security threat assessment (STA). One dollar ($1.00) recurrent fee annually for each active STA, which will be paid after the initial first year. Payment date is based on the initial vet date. Two Dollars ($2.00) per RAP Back subscription. In addition to the fees above, there will be a Two Dollar ($2.00) scanning fee per each inked card submission bringing the total fee for each inked fingerprint card submission to thirty dollars and twenty-five cents ($30.25). The AAAE reserves the right to adjust the following fees in case of a material change in the CHRC and STA programs including a price adjustment for the CHRC or STA by TSA or other government entity. Fees for development of CBT Courses and Software SOFTWARE DESCRIPTION PRICE Learning Suite (database) license for training records and Enterprise License and IET-LS Online Configuration reporting via web -based application. Labor required to configure IET-LS online site to the airport's specific credential 7 SOOAO requirements to host the airport's courses. COURSE DESCRIPTION PRICE SIDA (Customized) Initial Training: Covers general regulation requirements related Virtual Instructor to Part 1542 Airport Security l SIDA including definitions of Interactive Exercises secured areas, badge types and access privileges, badge display, 12,500.00 Pass I Fail Testing piggybacking, challenging, escorting and sensitive security Captions information. Movement Area Driver Training (Customized) Covers the requirements for driving; maintaining vehicle safety; Virtual Instructor definitions and causes of incidents, accidents, and incursions; how Interactive Exercises to effectively communicate with the tower; and all Movement 15,000.00 Pass t Fail Testing Area signage, marking and lighting. Sterile Area Training This course is designed for individuals needing an airport -issued Non -Custom security badge with access to the Sterile Area only as described Included Captions under TSA 49 CFR Part 1542. Authorized Signatory This course covers the basic requirements and responsibilities of Non -Custom company employees who are designated according to the SD Included Captions 1542-04-08 Series as signatory authorities. Non -Movement Area Covers the requirements for driving on the Non -Movement Area; Driver Training maintaining vehicle safety; definitions and causes of incidents and Non -Custom accidents; and all Non- Movement Area signage, marking and Included Captions lighting. Non -Movement Area Driver Training (Customized) Initial Training: Covers the requirements for driving on the Non- Virtual Instructor Movement Area; maintaining vehicle safety, definitions and Interactive Exercises causes of incidents and accidents; and all Non -Movement Area 15,000 Pass/Fail Testing signage, marking and lighting. This course is customized to Ca tions RDD's operations, policies, and procedures. Travel Expenses for AAAE prefers to film all courses at one time. Should more than Filming Crew one trip be required, the following per trip expense will be applied. 5,500.00 Ul U Fees for support of CBT Solutions The Airport shall pay ARAE $6,600 annually. v Proposed Proposed 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 Beginning Cash - Unrestricted 870,792 501,536 324,804 267,141 252,759 283,869 Beginning Cash - Restricted (PFC) (132,306) 238,934 (1,097,341) (752,341) (407,341) (62,341) Revenues 3,526,430 20,929,130 3,758,841 3,891,225 4,028,833 4,171,869 Net Transfers (308,000) (302,000) (302,000) (302,000) (302,000) (302,000) Total Revenues 3,218,430 20,627,130 3,456,841 3,589,225 3,726,833 3,869,869 Personnel Costs (1,493,750) (1,545,650) (1,578,597) (1,621,309) (1,665,629) (1,710,041) Operating Costs (1,552,450) (1,560,510) (1,607,325) (1,655,545) (1,705,211) (1,756,368) Capital Outlay (138,760) (19,053,790) (5,000) (5,000) (5,000) (287,659) Debt Service (92,410) (42,310) (42,300) (42,290) (42,300) (42,300) Savings 60,924 62,123 63,718 65,537 67,417 69,328 Net Expenditures (3,216,446) (22,140,137) (3,169,504) (3,258,607) (3,350,723) (3,727,039) Ending Cash - Unrestricted 501,536 324,804 267,141 252,759 283,869 364,358 Ending Cash - Restricted (PFC) 238,934 (1,097,341) (752,341) (407,341) (62,341) (0) Ending Cash Balance 740,470 (772,537) (485,200) (154,582) 221,528 364,358 Projected Ending Cash after required adjustments 740,470 (772,537) (485,200) (154,582) 221,528 364,358 Projections toward Council Objectives Ending Cash as Percentage of Expenditures 15.6% 1.5% 8.4% 7.8% 8.5% 9.8% Ending Cash w/ PFC as Percentage of Expenditures 23.0% -3.5% -15.3% -4.7% 6.6% 9.8% Projected Personnel Percentage 45.6% 7.0% 48.8% 48.8% 48.7% 45.0% Fiscal Year City of Redding Airports Ten Year Plan Fiscal Year Ending 2024 & 2025 2029-30 2030-31 2031-32 2032-33 2033-34 Projected Cash - Unrestricted 364,358 494,965 679,251 947,194 1,274,697 Projected Cash - Restricted (PFC) (0) (0) (0) (0) (0) Projected Revenues 4,320,549 4,475,094 4,635,738 4,802,719 4,976,290 Projected Net Transfers (302,000) (302,000) (302,000) (302,000) (302,000) Total Projected Revenues 4,018,549 4,173,094 4,333,738 4,500,719 4,674,290 Projected Personnel Costs (1,757,943) (1,807,188) (1,857,815) (1,909,862) (1,963,369) Projected Operating Costs (1,809,059) (1,863,331) (1,919,230) (1,976,807) (2,036,112) Projected Capital Outlay (350,000) (350,000) (350,000) (350,000) (350,000) Projected Debt Service (42,280) (41,700) (14,290) (14,280) (14,290) Projected Savings 71,340 73,410 75,541 77,733 79,990 Net Projected Expenditures (3,887,941) (3,988,808) (4,065,795) (4,173,216) (4,283,781) Projected Cash - Unrestricted 494,965 679,251 947,194 1,274,697 1,665,205 Projected Cash - Restricted PFC (0) (0) (0) (0) (0) Projected Ending Cash 494,965 679,251 947,194 1,274,697 1,665,205 Projected Ending Cash after required adjustments 494,965 679,251 947,194 1,274,697 1,665,205 Projections toward Council Objectives Ending Cash as Percentage of Expenditures 12.7% 17.0% 23.3% 30.5% 38.9% Ending Cash as Percentage of Expenditures 12.7% 17.0% 23.3% 30.5% 38.9% Projected Personnel Percentage 44.4% 44.5% 44.9% 44.9% 45.0% Fiscal Year City of Redding Airports Ten Year Plan Fiscal Year Ending 2024 & 2025