HomeMy WebLinkAboutState of California, National Guard Bureau AIRPORT JOINT USE
AGREEMENT
BETWEEN
CITY OF FRESNO
AND
UNITED STATES OF AMERICA
AND
STATE OF CALIFORNIA
(FRESNO YOSEMITE INTERNATIONAL AIRPORT)
TABLE OF CONTENTS
RECITALS..... ...................................................................s....................
AGREEMENTS.................................................................................................2
1. DEFINITIONS.......... ........................................................................................................2
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2. JOINT USE..........................................................................................................................2
3. CITY RESPONSIBILITIES....................................................--...............— .......................2
4. GOVERNMENT RESPONSIBILITIES..............................:...............................................3
5. PAYMENTS........................................................................................................................4
6. AIRFIELD MANAGEMENT..............................................................................................5
7. GOVERNMENT RESERVED RIGHTS.............................................................................5
8. FIRE PROTECTION AND CRASH RESCUE...................................................................6
9. RECORDS AND BOOKS OF ACCOUNT ........................................................................6
10. TERM ..............................................-.1............ ...... ...........................................................6
11. TERMINATION..................................................................................................................6
12. GENERAL PROVISIONS...................................................................................................7
13. MAJOR REPAIRS AND NEW CONSTRUCTION...........................................................8
14. NOTICES.............................................................................................................................8
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AIRPORT JOINT USE AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the CITY OF FRESNO, CALIFORNIA, a municipal corporation ("City"); and the
UNITED STATES OF AMERICA, acting by and through the Chief, National Guard Bureau, and
the STATE OF CALIFORNIA, acting by and through its Adjutant General (collectively,
"Government").
RECITALS
A. The City owns and operates Fresno Yosemite International Airport ("Airport"), a
public airport located in the City of Fresno, County of Fresno, California.
B. Title 49, United States Code, Subtitle VII, Part B, Chapter 471, "Airport
Development," (49 U.S.C. Sections 47101-47129), provides that each of the Airport's facilities
developed with financial assistance from the United States Government and each of the Airport's
facilities usable for the landing and taking off of aircraft always will be available without charge
for use by Government aircraft in common with other aircraft, except that if the use is
substantial, the Government may be charged a reasonable share, proportionate to the use, of the
cost of operating and maintaining the facility used.
C. The Government requires substantial use of the Flying Facilities at the Airport for
the California Air National Guard, as well as for other occasional transient government aircraft.
D. The City is agreeable to such substantial use, in common with other users of the
Airport, of the Flying Facilities by the Government under this Agreement.
E. The Government and the City desire to provide for the delineation of
responsibility for operation and maintenance of the flying facilities jointly used in common with
others at the Airport, and to establish the Government's reasonable share, proportional to such
use, of the cost of operating and maintaining such jointly used flying facilities.
1 - Airport Joint Use Agreement
AGREEMENT:
1. DEFINITIONS
For purposes of this Agreement, the jointly used flying facilities of the Airport are the r
runways, taxiways, lighting systems, navigational aids, markings and appurtenances open to
public use and use by the Government, including all improvements and facilities pertaining
thereto and situated thereon and all future additions, improvements, and facilities thereto as may
be added or constructed from time to time ("Jointly Used Flying Facilities"). The Jointly Used
Flying Facilities do not include land areas used exclusively by the Government or the terminal
buildings, hangars, aircraft parking aprons and ramps, or other areas or structures used
exclusively by the Board or its lessees, permittees, or licensees for civilian or commercial
purposes.
2. JOINT USE
Subject to the terms and conditions of this Agreement, the Government shall have the
use, in common with other users of the Airport, present and prospective, of the Jointly Used
Flying Facilities, together with all necessary and convenient rights of ingress and egress to and
from the Air National Guard installation and other Government facilities located on the Airport.
Routes for ingress and egress for the Government's employees, agents, customers and contractors
shall not unduly restrict the Government in its operations.
3. CITY RESPONSIBILITIES
The City will be responsible for the following services and functions, to standards in
accordance with Paragraph 6 below:
a. Furnishing all personnel, materials and equipment required in the rendering of the
services to be provided under the Agreement.
b. Performing any and all maintenance of the Jointly Used Flying Facilities,
including but not limited to:
(1) Joint sealing, crack repair, surface repairs, airfield markings and repair or
replacement of damaged sections of airfield pavement;
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(2) Runway and taxiway lights, cable, regulators and controls therefor;
(3) Beacons, obstruction lights, wind indicators, and other air navigation and
landing aids that are controlled by the City;
(4) Grass cutting and grounds care, drainage, and dust and erosion control of
unpaved areas, adjacent to runways and taxiways;
(5) Sweeping runways and taxiways;
(6) Controlling insects and pests;
C. Performing other operating and maintenance requirements of the jointly used
flying facilities as may from time to time be required to meet FAA standards.
d. Furnishing utilities necessary to operate the Jointly Used Flying Facilities.
e. Removing disabled civil aircraft as expeditiously as possible, subject to the rules
and regulations of the National Transportation Safety Board, in order to minimize the time the
Jointly Used Flying Facilities, or any part thereof, would be closed because of such aircraft.
4. GOVERNMENT RESPONSIBILITIES
The Government will be responsible for the following:
a. Removing disabled Government aircraft as expeditiously as possible in order to
minimize the time the Jointly Used Flying Facilities, or any part thereof,would be closed because
of such aircraft.
b. Subject to availability of appropriations therefor, repairing within a reasonable
time damage to the Jointly Used Flying Facilities to the extent that such damage is caused solely
by Government aircraft operations, including any Government equipment in support of such
operations, and is in excess of the fair wear and tear resulting from the military use contemplated
under this Agreement.
C. Consistent with safety of flight, FAA air traffic control procedures, and military
operations as determined by the Government, keeping the sound level of its operations as low as
practicable.
d. Consistent with military operations as determined by the Government, avoiding to
the extent practicable, the production of any electrical, electronic, or other disturbances which
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may interfere with the operation or use by the City, the FAA, any airline, or other Airport user of
air navigation, communication, or flight equipment, at the Airport or on aircraft using the
Airport.
5. PAYMENTS
a. In consideration of and for the faithful performance of this Agreement, and
subject to the availability of Federal appropriations, the Government shall pay to the City as its
proportionate share of operating and maintaining the Jointly Used Flying Facilities the following:
IW O (1) For the period beginning July 1, 2012, and ending March 31, 2015,
(T-4F4--E YEARS AND NINE MONTHS) a quarterly amount of TWENTY FIVE THOUSAND
FOUR HUNDRED NINETY DOLLARS and 25/00 ($25,490.25), and was paid in full. No
further payments are to be made for this timeframe.
(2) For the period beginning 1 April, 2015 and ending 30 June 2022, annual
amount of ONE HUNDRED FORTY FOUR THOUSAND SIX HUNDRED FIFTY SIX
DOLLARS and 28/100 DOLLARS ($144,656.28), payable in equal quarterly installments of
THIRTY SIX THOUSAND ONE HUNDRED SIXTY FOUR DOLLARS and 07/00 DOLLARS
($36,164.07) each.
b. Payments for the period set out in Paragraph 5a (2) above shall be made upon
submission of appropriate invoices to the Government as designated in Paragraph 5c below;
provided, however, that if during the term of this Agreement, sufficient funds are not available
through the annual appropriations at the beginning of any fiscal year to carry out the provisions
of this Agreement, the Government will so notify the City in writing.
CITY OF FRESNO
Department of Transportation - Airports
Attn: Airports Accounting
4995 E. Clinton Way
Fresno, California 93727
or to such other address as the City may from time to time provide to the Government in writing.
C. Bills for the payments provided hereunder shall be submitted no earlier than thirty
(30) days prior to the beginning date of the year for which payment is to be made and directed to:
144 FW/CE
5323 E McKinley Avenue
Fresno, California 93727-2199
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or to such other address as the Government may from time to time provide to the City in writing.
d. Either party may request renegotiation if either party, at the request or with the
formal concurrence of the other, as the case may be, requires services not contemplated by this
Agreement, or reduces or eliminates services it undertakes to provide under this Agreement.
e. In the event of a termination of the Agreement under Paragraph 11, the City will
remit to the Government the proportionate share of any annual payment provided for and made
under this Agreement from the date of termination to the end of that year.
6. AIRFIELD MANAGEMENT
a. The City agrees that maintenance of the Jointly Used Flying Facilities shall, at all
times, be in accordance with Federal Aviation Administration ("FAA") standards for the
operation of a commercial airport and operation of jet aircraft.
b. The Government agrees that any markings and equipment installed by it pursuant
to Paragraph 7 of the Agreement shall not be in conflict with FAA standards and shall be
coordinated in advance with the City's Director of Airports.
7. GOVERNMENT RESERVED RIGHTS
The Government reserves the right, at its sole cost and expense and subject to Paragraph
6b above, to:
a. Provide and maintain in the Jointly Used Flying Facilities airfield markings
required solely for military aircraft operations.
b. Install, operate and maintain in the Jointly Used Flying Facilities any and all
additional equipment, necessary for the safe and efficient operation of military aircraft including
but not limited to arresting systems and navigational aids.
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8. FIRE PROTECTION AND CRASH RESCUE
The parties to this Agreement have entered into a separate reciprocal fire protection
agreement, which sets forth each party's responsibilities of fire protection and crash rescue
services.
9. RECORDS AND BOOKS OF ACCOUNT
The City agrees to keep records and books of account, showing the actual cost to it of all
items of labor, materials, equipment, supplies, services, and other expenditures made in fulfilling
the obligations of this Agreement. The Comptroller General of the United States or any of his or
her duly authorized representatives shall, until the .expiration of three (3) years after filial
payment. have access at all times to such records and books of account, or to any directly
pertinent books, documents, papers, and records of any of the City's contractors or
subcontractors engaged in the performance of and involving transactions related to this
Agreement. The City further agrees that representatives of the Air Force Audit Agency or any
other designated representative of the Government shall have the same right of access to such
records, books of account, documents and papers as is available to the Comptroller General.
10. TERM
This Agreement shall be effective for a term of TEN (10) years beginning July 1, 2012,
and ending 30 June 2022.
11. TERMINATION
a. This Agreement may be terminated by the Government at any time by giving at
least thirty (30) days' notice thereof in writing to the City.
b. (1) The Government, by giving written notice to the City, may terminate the
right of the City to proceed under this Agreement if it is found, after notice and hearing by the
Secretary of the Air Force or his or her duly authorized representative, that gratuities in the form
of entertainment, gifts, or otherwise, were offered or given by the City, or any agent or
representative of the City, to any officer or employee of the Government with a view toward
6 - Airport Joint Use Agreement
securing this Agreement or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performing of such
agreement, provided that the existence of the facts upon which the Secretary of the Air Force or
his or her duly authorized representative makes such findings shall be an issue and may be
reviewed in any competent court.
(2) In the event this Agreement is terminated as provided in subparagraph
I I(b)(1) above, the Government shall be entitled to pursue the same remedies against the City as
it could pursue in the event of a breach of the Agreement by the City and in addition to any other
damages to which it may be entitled by law, the Government shall be entitled to exemplary
damages in an amount (as determined by the Secretary of the Air Force or his or her duly
authorized representative) which shall be'not less than three (3) or more than ten (10) times the
costs incurred by the City in providing any such gratuities to any such officer or employee.
(3) The rights and remedies of the Government provided in subparagraph
11(b)(2) above shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
12. GENERAL PROVISIONS
a. Compliance with Law. The City shall comply with all Federal, state and local
laws, rules and regulations applicable to the activities conducted under this Agreement.
b. Assignment. The City shall neither transfer nor assign this Agreement without the
prior written consent of the Government, which shall not be unreasonably withheld or delayed.
C. Liability. Neither party shall be liable for damages to property or injuries to
persons arising from acts of the other in the use of the Jointly Used Flying Facilities or occurring
as a consequence of the performance of responsibilities under this Agreement.
d. Third Party Benefit. No member or delegate to Congress shall be admitted to any
share or part of this Agreement or to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this Agreement if made with a corporation for its general benefit.
e. Entire Agreement. It is expressly agreed that this written instrument embodies the
entire financial arrangement and agreement of the parties regarding the use of the Jointly Used
Flying Facilities by the Government, and there are no understandings or agreements, verbal or
otherwise, between the parties in regard to it except as expressly set forth herein. Specifically, no
landing fees or other fees not provided in this Agreement will be assessed by the City against the
Government in the use of the Jointly Used Flying Facilities during the term of this Agreement.
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f. Modification. This Agreement may only be modified or amended by mutual
agreement of the parties in writing and signed by each of the parties hereto.
g. Waiver. The failure of either party to insist, in any one or more instances, upon
the strict performance of any of the terms, conditions, covenants, or provisions of this Agreement
shall not be construed as a waiver or relinquishment of the right to the future performance of any
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deemed to have been waived by either party unless such waiver be in writing signed by such
party.
h. Paragraph Headings. The brief headings or titles preceding each Paragraph and
subparagraph are merely for purposes of identification, convenience, and ease of reference, and
will be_completely disregarded in the construction of this Agreement.
13. MAJOR REPAIRS AND NEW CONSTRUCTION
Major repair projects and/or new construction projects required for the Jointly Used
Flying Facilities (collectively, "Joint Use Projects") are not included under this Agreement. Any
Government contribution to Joint Use Projects shall be the subject of separate negotiations and
written agreement between the City and the Government at such time as the work is required.
Any Government participation in the costs of Joint Use Projects is subject to the availability of
Federal funds for such purpose at the time the work is required.
14. NOTICES
No notice, order, direction, determination, requirement, consent or approval under this
Agreement shall be of any effect unless it is in writing and personally delivered or mailed,
postage prepaid, and addressed as set forth below, but each party may change its address by
written notice in accordance with this Paragraph 14.
a. Written communications to the City shall be addressed to:
Director of Aviation
City of Fresno
4995 E. Clinton Way
Fresno, California 93727
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b. Written communications to the Government shall be in duplicate with copies to
the United States of America and the State of California addressed respectively, as follows:
To the United States of America:
NGB/A4
3501 Fetchet Avenue
Joint Base Andrews, Maryland 20762-5157
To the State of California:
The Adjutant General
9800 S Goethe
Sacramento, California 95826;9101
SIGNATURE PAGE FOLLOWS-
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives of the parties on the date set forth opposite their respective
signatures.
Dated: 21 -l CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By'
ATTEST: KEVIN R. MEIKLE
Director of Aviation
YVONNE SPENCE, CMC
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By: 'P�c�- .�•� 1p•�'L2.11
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: Zo 7;Z�'
Depti y
Dated: STATE OF CALIFORNIA
Coordinated with:
MICHAEL S.PIAZZONI, COL,NGB By:
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U.S. Property& Fiscal Officer T djutant General
Dated: S� (� UNITED STATES OF AMERICA
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10 - Airport Joint Use Agreement
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by
their duly authorized representatives of the parties on the date set forth opposite their respective
signatures.
' Dated: CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By:
ATTEST: RUSSELL C. WIDMAR
Director of Aviation
REBECCA A. KLISCH
City Clerk
By:
Deputy
APPROVED AS TO FORM:
JAMES J. SANCHEZ
City Attorney
By:
Deputy
Dated: STATE OF CALIFORNIA
Coordinated with:
By:
U.S. Property& Fiscal Officer The Adjutant General
Dated: 3'0 NOV 2017 UNITED STATES-OF AME ICA
By: C6�U
For the Chief,National Guard Bureau
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