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26-Memorandum of Agreement with the Federal Aviation Administration (FAA) CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05-16-2011 Engineering, Planning Shawn Napier, P.E. Director of Council Date: & Development Engineering, Planning & 26. 05-23-2011 Development RECOMMENDED MOTION: Deliberate and act on a resolution authorizing the execution of a Memorandum of Agreement with the Federal Aviation Administration (FAA) in order to combine four separate lease agreements at Cox Field covering four different facilities and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Memorandum of Agreement BACKGROUND: The City received a letter from the Federal Aviation Administration (FAA) concerning our current lease agreements for four facilities at Cox Field that are maintained by the FAA. We also received a Memorandum of Agreement (MOA) that proposes to replace the existing agreements with one single document. The advantage of the MOA will be a decrease in the amount of paperwork that has to be done by both parties and it will not require the City to provide a legal description of the lease areas. The three current lease agreements cover a Visual Approach Slope Indicator (VAST), Remote Communications Air/Ground (RCAG), Remote Control Outlet (RCO) and Automated Weather Observing Station (AWOS). Staff recommends combining the existing lease agreements into a single Memorandum of Agreement. BOARD /COMMISSION RECOMMENDATION: EXHIBITS: Resolution, FAA Letter, and Memorandum of Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 i6 8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT ("MOA") WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO COVER REQUIRED LAND SITES AND EASEMENTS WITH ONE SINGLE DOCUMENT FOR FOUR FACILITIES FOR EXISTING NAVIGATIONAL AID (NAVAID) FACILITIES AT COX FIELD, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the United States Department of Transportation, Federal Aviation Administration (FAA) has presented the City with a Memorandum of Agreement to cover required land sites and easements for existing navigational aid facilities at Cox Field, Paris, Texas (NAVAID) a copy of said agreement being attached hereto as Exhibit "A", and, WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the Cox Field Airport, and, WHEREAS, City staff has reviewed the proposed Memorandum of Agreement and recommends that City Council approve and authorize execution of this document, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Memorandum of Agreement is hereby approved and City Manager be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, a Memorandum of Agreement between the Federal Aviation Administration (FAA) under the terms and conditions and in the forms shown in Exhibit "A". Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND ADOPTED this 23rd day of May, 2011 Joe McCarthy, Mayor Pro Tem 169 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 170 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT DTFACN-II-L-00075 This agreement is made and entered into by the CITY OF PARIS, TEXAS whose address is P.O. Box 9037, Paris, TX 75461-9037, hereinafter referred to as the Sponsor, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the COX FIELD Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: (Jun-04) It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather 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 Sponsor will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas on the Airport that have been mutually determined and agreed upon for the term commencing on October 1, 2010 and continuing though September 30, 2030. The FAA can terminate this agreement, in whole or part at any time by giving at least (30) day's notice in writing. Said notice shall be sent by certified or registered mail. A. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including 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 COX FIELD Airport, to be routed EXHIBIT. 171 MOA No. DTFACN-I I-L-00075 (PRX) Cox Field Airport Paris, Texas reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Sponsor 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 Sponsor shall have the right to review and comment on plans covering work permitted under this paragraph. C. And the rights to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Sponsor 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. 2. CONSIDERATION: (Aug- 02) The FAA shall pay the Sponsor 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, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: (Apr-05) It is understood and agreed that the use of the herein described premises, known as, COX FIELD Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES: (Apr-05) The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made part of this agreement by reference and shown on the attached FAA "List of Facilities". 5. TITLE TO IMPROVEMENTS: (Apr-05) Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 2 172 MOA No. DTFACN-I I-L-00075 (PRX) Cox Field Airport Paris, Texas 6. HAZARDOUS SUBSTANCE CONTAMINATION: (May-00) The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility 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 Sponsor agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Sponsor also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." 7. INTERFERENCE WITH FAA OPERATIONS: (Oct-96) The Sponsor 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. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES: (Oct-96) The Sponsor 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 Sponsor, 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 Sponsor or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON-RESTORATION: (Oct-96) It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Sponsor. 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 3 173 MOA No. DTFACN-I I-L-00075 (PRX) Cox Field Airport Paris, Texas 10. NOTICES: (Oct-96) All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Sponsor: Government: City of Paris, Texas Department of Transportation P.O. Box 9037 Federal Aviation Administration Paris, TX 75461-9037 Real Estate and Utilities Group 2601 Meacham Blvd. Fort Worth, TX 76137 11. Previous Leases Agreements: This agreement supersedes Land Lease number DTFA07-93-L-01143, DTFA07-97-L- 01103 and DTFA07-02-L-00725. 12. The following clauses are incorporated by reference: The full text of these clauses can be found via Internet at site http://fast.faa.gov/ and finding the form "Land On-Airport Lease". 1. OFFICIALS NOT TO BENEFIT (10/96) 2. COVENANT AGAINST CONTINGENT FEES (8/02) 3. ANTI-KICKBACK (10/96) 13. SIGNATURES: (Apr-04) The Sponsor and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. CITY OF PARIS, TEXAS UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: By: Jana C. Blanco Title: Title: Contracting Officer Date: Date: 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 4 174 MOA No. DTFACN-I 1-L-00075 (PRX) Cox Field Airport Paris, Texas List of Facilities Effective Date: October 1, 2010 MEMORANDUM OF AGREEMENT DTFACN-I I-L-00075 COX FIELDAIRPORT R/W GSA Control Number Facili Number Number Comments (PRX) Facility site I VASI RWY 35 48914 Facility site, equipment shelter, 2 RCAG 94408 access road 3 RCO 48434 Co-located w/RCAG _4 AWOS_ 94314 Facility site 1.3.3 No Cost Land on an Airport Memorandum of Agreement Revised April 2010 OMB Control No. 2120-0595 Pg. 5 175 Ow U.S. Department of Transportation Federal Aviation Southwest Region 2601 Meacham Blvd. Administration Logistics Service Area Fort Worth, TX 76137 Mr. Jerry Richey Airport Manager 6780 Collier Drive Paris, TX 75462 Dear Mr. Richey: Subject: Memorandum of Agreement (MOA) DTFACN-1 I-L-00075 Navigational Aid Facilities Cox Field Airport Paris, Texas To improve administrative efficiency, the Federal Aviation Administration (FAA) has made a national policy determination to use the new format of a Memorandum of Agreement (MOA) to cover required land sites and easements for existing navigational aid (NAVAID) facilities operated by this agency. The MOA contains similar terms and conditions provided under the current no-cost land leases. There are many practical reasons for this decision. It is very labor intensive for both the airport and the FAA to attempt to maintain the paperwork. Also, the current lease process requires legal descriptions of the property the Government is leasing. The new MOA process eliminates the use of legal descriptions and utilizes a listing of identified facilities. Current research of our records verifies that the FAA has installed and is maintaining five (5) facilities that are covered under three (3) separate lease agreements at Cox Field, Paris, Texas. Leases DTFA07-93-L-01143, DTFA07-02-L-00725 and DTFA07-97-L- 01103 will be terminated and consolidated into the superseding MOA document. It is our belief that the airport sponsor will benefit from the new process, as much as the FAA does. It will no longer be necessary for the airport sponsor to ensure that the legal descriptions are accurate, thus saving time and money. Many airports are currently under the new system and the necessary approvals go through much quicker. 176 2 Our FAA national legal counsel has reviewed and approved the MOA document and has assured us that this document is legal and binding. Also, this document will give you the same protection as when using a land lease. Please be aware that this document will only apply to navigational aid facilities that are currently addressed under an on airport, no-cost land lease. It is not affecting any other lease with rental compensation that you may have with the FAA. Enclosed are two copies of MOA No. DTFACN-1 I-L-00075. If this document is satisfactory, please have an authorized official sign all copies, insert date, and return one copy to the Department of Transportation, Federal Aviation Administration, Real Estate and Utilities Group, ASW-53, 2601 Meacham Blvd., Fort Worth, TX 76137. The remaining copy is to be retained for your records. We want to express our appreciation for your cooperation in implementing this new process. If you have any questions, please contact our LSSC IT-Solutions Contractor Support Staff Melinda Taber at 817-222-4320 or via email at Melinda. ctr.taber@faa.gov. Sincerely, Jana C. Blanco Contracting Officer Enclosure (2) ASW-53: JCB: mjt: x4320: 10-15-10: ASW-53: G:\050-ShareA53-ShareATaber\A-Texas\Paris(MOA).doc _ 177