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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 r- 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 i 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; 2 - Airport Joint Use Agreement (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 3 - Airport Joint Use Agreement r �r- 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 4 - Airport Joint Use Agreement 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. 5 - Airport Joint Use Agreement y l \;•�••WFh7 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. 7 - Airport Joint Use Agreement + �� � � 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 onrh fPrmc tnnr1itinnc rnwi-nnntc nr nrnvi,inn, Nn nrnvi,inn of tlhi, AarPamPnt ,hall ho 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 8 - Airport Joint Use Agreement 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- 9 - 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: 21 -l CITY OF FRESNO, CALIFORNIA A Municipal Corporation By' ATTEST: KEVIN R. MEIKLE Director of Aviation YVONNE SPENCE, CMC ty-cl�r - - - - 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: . �A U.S. Property& Fiscal Officer T djutant General Dated: S� (� UNITED STATES OF AMERICA y. 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 10 - At3' ort Joint USe A reeinentAh-- oft-�- ise A F@e.^„—