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HomeMy WebLinkAboutC88-014 MOA with FAAP C, DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION REAL ESTATE & UTILITIES BRANCH, ANM -56 17900 PACIFIC HIGHWAY SOUTH, C -68966 SEATTLE, WASHINGTON 98168 MEMORANDUM OF-AGREEMENT between FEDERAL AVIATION ADMINISTRATION and EAGLE BOARD OF COUNTY COMMISSIONERS C88 -14 -16 Agreement No. DTFA11 -88 -A -00022 Eagle, Colorado VOR /DME This Agreement is made and entered into this 22nd day of February 1988, by and between the Federal Aviation Administration, hereinafter referred to as FAA, and the Eagle Board of County Commissioners, hereinafter referred to as the Sponsor. WHEREAS, Section 302 (k) of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1342, 1343) authorizes, the Administration to use with their consent the available services, equipment, personnel and facilities of other civilian agencies; and WHEREAS, the Sponsor owns and is willing to operate and maintain the very high frequency omnidirectional range /distance measuring equipment (VOR /DME) facility adjacent to the Eagle County Airport, Eagle, Colorado. NOW, THEREFORE, in consideration of the premises and covenants and agreements contained herein, the said parties agree as follows: 1. DESCRIPTION OF PROJECT a. The Sponsor agrees to operate and maintain the above facilities in accordance with all FAA requirements, standards, and criteria governing such facility, including those requirements contained in FAR, Part 171, and the Sponsor's Operation and Maintenance Manual. b. At any time that the persons named in the Operation and Maintenance Manual are no longer performing the functions indicated, the FAA shall be contacted, within 10 working days, by notifying the Sector Manager at the Denver (HUB) Airway Facilities, 10455 East 25th Avenue, Room 304, Aurora, Colorado 80501. c. The Sponsor agrees that noncompliance with the above requirements will be grounds for removing the facilities from service and /or cancellation of FAA approved instrument flight rules procedures. In no event shall the Sponsor be allowed use of the facility until it is in full compliance with the above. page 2 DTFA11 -88 -A -00022 2. INDEMNIFICATION With regard to any liability which may arise from the services provided under this Agreement, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its own agents, servants, an /or employees, in accordance with applicable law, and that neither party looks to the other to save or hold it harmless for the consequences of any negligence ont he part of its own agents, servants and /or employees. 3. TERMINATION This Agreement may be terminated by either party by giving at least 90 days prior written notice. 4. CORRESPONDENCE a. Correspondence to the Sponsor will be to: Eagle Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 b. Correspondence to the FAA will be to: Contracting Officer FAA, Real Estate Branch, ANM -56 17900 Pacific Highway South, C -68966 Seattle, WA 98168 5. AMENDMENT Any amendment, modification or change to this Agreement shall be valid and effective only in writing and executed by the representatives of the FAA and the Sponsor. 6. EFFECTIVE DATE This Agreement supersedes any previous agreements between the parties on the subject matter set forth and is effective upon the date of execution of this Agreement by the party last subscribing hereto. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. EAGLE BOARD OF COUNTY FEDERAL AVIATION ADMINISTRATION TITLE: Chairman TITLE: Cont Acting Officer DATE: February 22, 1988 DATE: ;Z-(3� ff, e a __N COUNTY CERTIFICATE I, Johnnette Phillips, certify that I am the County Clerk of the County named as sponsor in the attached agreement; that George A. Gates, who signed the agreement on behalf of the sponsor, was then Chairman of the Board of County Commissioners of Eagle County; that said agreement was duly signed for and in behalf of said County by authority of its governing body, and is within the scope of its powers. DONE this day of --�-� 1988. 4 By: �/ Johnnette Phillips Title: County Clerk