HomeMy WebLinkAboutContract 40046 (2)FEDERAL AVIATI®N ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFASW-I0-L-00159
This agreement is made and entered into by the City of Fort Worth, Texas, Fort Worth Meacham
International Airport, hereinafter referred to as Airport, 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 Fort Worth Meacham International 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 Airport 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 through September 30, 2030. The
FAA can terminate this agreement, in whole or part at anytime by giving at least (60) day's notice in
writing. Said notice shall be sent by certified or registered mail.
(a) Together with aright -of --way for ingress to and egress from the premises; aright -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 Meacham International 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:rnay, ,� ��(;QR!,
constitute a hindrance to the establishment and maintenance of navigational aid 'systems y 1
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M )A No. DTFASW- I O-L-00 159
it Worth Meacham International Airport
Fort Worth, Texas
The Airport 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 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.
2. CONSIDERATION (Aug-02):
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,
and maintenance of navigational aid facilities upon the premises.
3. PURPOSE (Apr -OS):
It is understood and agreed that the use of the herein described premises, known as Fort Worth Meacham
International Airport, shall be related to the FAA's activities in support of Air Traffic operations.
4. FAA FACILITIES (Apr -OS):
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 a part of this agreement by reference and shown on
the attached FAA "List of Facilities".
5. TITLE TO IMPROVEMENTS (Apr -OS):
Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the
name of the FAA.
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 Airport agrees to remediate or have
remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility
premises. The Airport 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."
MOA No. DTFASW- I O-L-00 159
Fort Worth Meacham International Airport
Fort Worth, Texas
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96):
The Airport agrees not to erect or allow to be erected any structure or obshuction 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 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.
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
A
quipment installed in or located upon said property by the FAA during its tenure. Such abandoned
equipment shall become the property of the Airport.
10. NOTICES (Oct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as
follows:
Airport: City of Fort Worth, Texas
4201 N. Main Street, Suite 200
Fort Worth, TX 76106
Government: Federal Aviation Administration
Real Estate &Utilities Group, ASW-53
2601 Meacham Blvd.
Fort Worth, TX 76137
11. PREVIOUS LEASES)/AGREEMENT(S):
Upon commencement, this agreement supersedes and hereby terminates Lease number DTFA07-99-L-00583,
DTFA07-99-L-01079 and DTFA07-01-L-00780, and succeeds Lease number DTFA07-95-L-01140.
3
M DA No. DTFASW- I O-L-00 159
Fort Worth Meacham International Airport
Fort Worth, Texas
12. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: The full text of these
clauses can be found via Internet at Land On -Airport Lease (.http://fasteditapp.faa.gov/ams/do_action)
1. OFFICIALS NOT TO BENEFIT
2. COVENANT AGAINST CONTINGENT FEES
3. ANTI -KICKBACK
13. SIGNATURES (Apr-04):
The Airport 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 FORT WORTH, TEXAS
BY:
Title:
Date:
UNITED STATES OF AMERICA,
FEDERAL AVIATION ADMINISTRATION
By:
Glen D. Batts
S'11441f Title: Contracting Officer
McYrc�, ll�, 2.ocv
APPROVED AS TO FORM AND hEGALITY:
Date: a5l��i'ry
aummby. Contract Authozizatio]a
Marty Hendrix, Secretary � 0000100�Q
o OFFICIAL RECORD
a� 0 G 'Ay C" SECRETARY
°�A _ � PIE WORTH, TX
0
MOA No. DTFASW-I0-L-00159
Fort Worth Meacham International Airport
Fort Worth, Texas
List of Facilities
Effective Date: October 1, 2010
MEMORANDUM OF AGREEMENT
DTFASW-10-L-00159
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
Number
Facili
R/W Number
GSA Control
Comments
Number
—��
— —-_
Facility site, equipment shelter, restricted critical
�
1
MALS
34R (UXT)
94551
area, access road
-m�F`�
--F94550
_
Antenna site, equipment shelter site, restricted
2Twc34R
critical area access road
Facility equipment shelter site, restricted critical
3
IGS
34R
94552
_ area
Facility site, equipment shelter, restricted critical
[�48757�[
4
JMALSR
16L (FTW)
area, access road
Antenna site, equipment shelter site, restricted
5
LOC/DME
16L48214
critical area, access road
Facility equipment shelter site, restricted critical
6
IGS
16L
48215
area
7
PAPI
16L
94490
Facility site
_ _
Sensor group site & ACU located in the Air Traffic
8
SOS
48135
Control Tower
_
9
_
TR/RCO�
48221
v -
Facility Site B
10
JRTRNOT
�48793
_ Facility Site C
11
RVR
�
48444
Facility site
12
WEF
N/A—
_
Facility site
--
--
5
Ivi&C Review
Page 1 of 2
� � �
Official site of the City of Fort Worth, Texas
FORT WORTH
COUNCIL ACTION: Approved on 2/9/2010
DATE:` 2/9/2010 REFERENCE NO.: **C-24083 LOG NAME: 55FTW FWS FAA
MOA
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize the Termination of City Secretary Contract Nos. 17664, 17665, 20775, 21413,
24179 and 26217 and Authorize Execution of New Memorandum of Agreement with the
Federal Aviation Administration for Fort Worth Meacham International Airport and Fort
Worth Spinks Airport (COUNCIL DISTRICTS 2 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract Nos. 20775, 21413, 24179 and 26217 with the Federal Aviation
Administration at Fort Worth Meacham International Airport;
2. Terminate City Secretary Contract Nos. 17664 and 17665 with the Federal Aviation Administration
at Fort Worth Spinks Airport;
3. Execute a new Memorandum of Agreement with the Federal Aviation Administration at Fort Worth
Meacham International Airport; and
4. Execute a new Memorandum of Agreement with the Federal Aviation Administration at Fort Worth
Spinks Airport.
DISCUSSION:
On November 20, 2009, staff received a formal request from the Federal Aviation Administration
(FAA) to enter into a Memorandum of Agreement (MOA) for the navigational aid facilities (NAVAID) at
Fort Worth Meacham International Airport and a separate MOA for the NAVAID facilities at Fort
Worth Spinks Airport. The FAA has installed and is currently maintaining 12 facilities at Fort Worth
Meacham International Airport. These include MALS, LOC, GS, MALSR, LOC/DME, GS, PAPI,
ASOS, RTR/RCO, RTRNOT, RVR and WEF that are currently covered under four separate Lease
Agreements with the City known as City Secretary Contract (CSC) Nos. 20775, 21413, 24179 and
26217 which are set to expire January 31, 2011, September 30, 2010, September 30, 2018, and
September 30, 2020, accordingly. The FAA has installed and is currently maintaining three facilities
at Fort Worth Spinks Airport. These include MALSR, LOC, and GS that are currently covered under
two separate Lease Agreements with the City known as CSC Nos. 17664 and 17665 which both are
set to expire on September 30, 2010.
The FAA has made a national policy determination to use the new MOA format to cover r��quired land
sites and easements for existing NAVAID facilities to improve administrative efficiency. i'he MOA
contains similar terms and conditions provided under the current no -cost land leases. 'his process
will be less labor intensive for both the City and the FAA. The NAVAIDs are systems: for air traffic
control, navigation, .communication and weather reporting and are in the primary int>-arest of safety
and direct support. The term of the MOAs. will continue through September 30, 2�;30, unless
terminated by the FAA earlier with said notice.
http://apps.efwnet.org/council�acket/mc_review.asp?ID=12974&councildate�2/9/2010 4/7/2010
M&C Review
Page 2 of 2
On March 23, 2009, staff received a similar request from the FAA to enter into an MOA for the
navigational aid facilities at Fort Worth Alliance Airport. At the May 19, 2009, Council meeting, the
City Council authorized the City Manager to execute the MOA with M&C C-23523.
All the above Agreements will be terminated and the new Agreement will be put in place. Revenue is
not collected from the MOA. It is mutually agreed between the City and FAA due to the FAA's
establishment, operation and maintenance of facilities.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
Fort Worth Spinks Airport is located in COUNCI!_ DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b�•
Originating ®epartment Head•
Additional Information Contact:
ATTACIiMENTS
FROM Fund/Account/Centers
Fernando Costa (6122)
Kent Penney (5403)
Jonnie Huitt (5409)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12974&councildate=2/9/2010 4/7/2010