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HomeMy WebLinkAbout10083RESOLUTION NO. 10083 A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT NO. DTFANM -04 -A -00004 FOR NAVIGATIONAL AND COMMUNICATION AID SYSTEMS AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME Whereas, the City of Pueblo and the U.S. Department of Transportation Federal Aviation Administration entered into a Master Ground Lease on October 27, 1994; and Whereas, both parties mutually agree to enter into a Memorandum of Agreement that supersedes the Master Ground Lease; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 A certain Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and the U.S. Department of Transportation Federal Aviation Administration, relating to Memorandum of Agreement No. DTFANM -04 -A -00004 providing for the construction, operation, relocation, and maintenance of FAA owned navigational and communication aid systems for the support of air traffic operations at Pueblo Memorial Airport is hereby approved, subject to the conditions as set forth in said Memorandum of Agreement. SECTION 2 The President of City Council is hereby authorized to execute said Memorandum of Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED March 22, 2004 BY Michael Occhiato /� Councilperson APPROVED: Y�l� PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 6 # 10 083 Background Paper for Proposed RESOLUTION AGENDA ITEM # / LD DATE: March 22, 2004 DEPARTMENT: AVIATION - DANIEL E. CENTA P.E. TITLE A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT NO. DTFANM -04 -A -00004 FOR NAVIGATIONAL AND COMMUNICATION AID SYSTEMS AT PUEBLO MEMORIAL AIRPORT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Memorandum of Agreement between the City and the USDOT FAA. RECOMMENDATION Approval of this Resolution. In an effort to streamline their navigational aids leases, the FAA has requested that we enter into a new Memorandum of Agreement for the construction, operation, relocation, and maintenance of FAA owned navigational and communication aid systems for the support of air traffic operations at Pueblo Memorial Airport. This Agreement becomes effective at the time of signature and supersedes the current Master Ground Lease. FINANCIAL IMPACT The FAA constructs, maintains and operates the navigational aid systems for the support of air traffic operations at Pueblo Memorial Airport at no cost to the City. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 1601 LIND AVENUE S.W. RENTON, WA 98055 -4056 MEMORANDUM OF AGREEMENT Agreement Number DTFANM -04 -A -00004 This agreement is made and entered into by the City of Pueblo for the Pueblo Memorial Airport, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, relocation and maintenance of FAA owned navigational and communication aid systems for the support of Air Traffic Operations; and WHEREAS, the parties wish to work in cooperation with each other in the placement of the navigational aids; and WHEREAS, it is understood between parties that the placement of navigational aid systems is in the best interest of the operation of Air Traffic Services. NOW THEREFORE, the parties do hereby enter into this agreement, which supersedes Master Ground Lease number DTFA11 -94 -L- 15088. WITNESSETH The parties hereto for the consideration hereinafter mentioned covenant and agrees as follows: TERMS AND CONDITIONS It is mutually understood and agreed that the Airport requires FAA navigational aid facilities in order to operate their business and that the FAA requires navigational aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will allow the FAA to construct, operate, relocate and maintain FAA owned navigational aids in areas on the Airport that have been mutually determined and agreed upon. (a) Together with a right -of -way for ingress to and egress from the premises; a right -of -way for establishing and maintaining a pole line or pole lines for extending electrical power and /or telecommunications lines to the premises; and a right -of -way for subsurface power, communication and /or water lines to the premises; all right -of -ways to be over the area referred to as Pueblo Memorial Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights -of -way under this paragraph. (b) And the right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the right to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. PURPOSE It is understood and agreed that the use of the herein described premises, known as, Pueblo Memorial Airport shall be related to the FAA's activities in support of Air Traffic operations. FAA FACILITIES The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) which is made part of this agreement by reference. CONSIDERATION The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, relocation and maintenance of navigational aid facilities upon the premises. TITLE TO IMPROVEMENTS Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. TERMINATION The FAA can terminate this agreement, in whole or part at any time by giving at least (60) day's notice in writing. Said notice shall be sent by certified or registered mail. RESTORATION Upon the decommissioning of a FAA owned facility located on the airport, the FAA may with the consent of the airport abandon in place any or all structures and equipment owned by the FAA if agreed upon by both parties. Such abandoned /decommissioned structures and equipment shall become property of the Airport. Notice of abandonment by the FAA to the Airport shall be in writing, 60 days prior to the decommissioning of the facility. In the event the Airport does not wish to accept title, the FAA shall remove such decommissioned structures and equipment. HAZARDOUS SUBSTANCE CONTAMINATION The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the premises that is found to have occurred as a direct result of the installation, operation, relocation and /or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate, at its sole cost, or cause to be remediated if a third party is responsible and liable for such remediation, if any other hazardous substance contamination is found on the premises. INTERFERENCE WITH FAA OPERATIONS The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA. FUNDING RESPONSIBLILITY FOR FAA FACILITIES The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and /or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. PROTEST AND DISPUTES All disputes arising under or related to this agreement or protests shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after the Airport has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or inaction, which forms the basis of the protest. The Contracting Officer, upon request, will provide information relating to submitting a protest or dispute. CONCURRENCES The Airport and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures hereinbelow of their duly authorized representative (s). This agreementis effective upon the date of signature by the last party thereof. CITY OF UEBLO By: Randy hurston Title: President of City Councii UNITED STATES IF AMERICA By: Title: ContractinaOfficer Date: March 22, 2004 Date: �? S f 0'/