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HomeMy WebLinkAboutC03-188 USDI Bureau of Land Management BLMC ®,~ --1 ~ ~- 1 ~ C3i.M-GSFo-Ct - c~ ~;, ti This MEMORANDUM OF ERSTANDING (hereinafter referred to as the "MOU'~ is made and entered into this ~~ day of July 2003, by and between USDI-BUREAU OF LAND MANAGEMENT, Colorado State Office (hereinafter referred to as the `BLM', and EAGLE COUNTY, acting by and through its Board of Commissioners (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, the County has committed the use of the Eagle County Regional Airport for Single Engine Air Tanker (hereinafter referred to as "SEAT") Operations in support of Wildland Firefighting Efforts; and WHEREAS, this MOU provides procedures and guidance for coordination and cooperation between the BLM and the County; and WHEREAS, the County is willing to provide a base of operations for SEAT to conduct aerial firefighting efforts to enhance Federal, State and local wildland suppression capabilities in the greater Eagle, Colorado area; and WHEREAS, authority for the above stated objectives are derived from the following: Federal Land Policy and Management Act of October 21, 1976, Public Law 94 579 43, U.S.C. 1701, 90 Stat 2743 and BLM Manua19111, 9200, 9430, 9400. NOW THEREFORE, for and in consideration of the premises herein stated, and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the BLM and the County agree as follows: R . i alc. The recitals set forth above constitute a material part of this MOU. 2. Prncedurec, Eagle County will authorize the use of an area as defined in Exhibit "A." This area will be the primary SEAT operational area. This specific area also includes the use of the grounds immediately adjacent to the area for parking, ports.-tanks and temporary retardant storage. 3, R~Lired Additional Needc, Required and overnight aircraft parking will be arranged with the Director of Operations of the Eagle County Regional Airport (hereinafter referred to as "Director of Operations") and/or Fixed Base Operator (FBO) if necessary. The BLM will pay any required airport fees or taxes to the FBO or the County. • The BLM will work with the Director of Operations and the Town of Gypsum to arrange that a meter be installed on the water hydrant for water use monitoring and billing purposes. ff not akeady present. i r~ The BLM representative on site will arrange for the Director of Operations to brief all personnel involved in SEAT operations on proper airport and security procedures. The primary use period for SEAT operations will generally be from May 1, 2003 through October 1, 2003. Airport use outside these general timeframes will require additional authorization from Eagle County. 4. Terms of the Agr ..m n .This MOU shall remain in effect for five (5) years from the date of the signatures with an annual periodic review the MOU. 5. Morlificatinn_ The parties hereby agree that this document contains the entire agreement between the parties and this MOU shall not be modified, changed, altered, or amended in any way except through a written amendment that shall be submitted to the unit aviation manager for review. Any amendment or modification of this document will not take affect until signed by all the parties hereto. 6. Terminafinn. If at any time during the term of this MOU, the BLM or the County desires to terminate this MOU, BLM and the County are required to provide notice thirty (30) days before the end of the actual present month. 7. Alterations, The parties agree that site alterations maybe made for minor adjustments to the general operation azea in order to accommodate temporary facilities such as water storage tanks, retardant, fuel, temporary housing and office space and support equipment. $, nhligatinn of l+nnds, Nothing in this MOU shall obligate the BLM to expend appropriations or to enter into any contract or other obligations. Specific work projects or activities that involve the transfer of funds, services or property between the parties to this MOU will require separate agreements or contracts, contingent upon the availability of funds as appropriated by congress. Each subsequent agreement or arrangement involving the transfer of funds, services or property between the parties to this MOU must comply with all applicable statues and regulations, including those applicable to procurement activities, and must be independently authorized by the appropriate statutory authority. 9. C'onditinn Re= nrt. Representatives of the BLM and the County will conduct pre and post inspections of the general operations azea. The purpose of this mutual inspection is to ensure the site is well maintained and restored as closely as is possible to its original condition. The County will file a claim with the respective BLM State offices for any damages to the facility that is a result of SEAT operations. 10. Lialuli~. The U.S. Government and BLM Colorado hereby agree to assume liability during the period covered by this MOU, while there are BLM aviation operations occurring at the Eagle County Regional Airport. The United States will be liable for any claims for property damage, personal injury or death caused by negligent or wrongful acts of Federal employees in connection with the SEAT operations and will hold the County • • harmless from liabilities arising out of such claims to the extent permitted by the Federal Tort Claims Act. 11. R . nrding of Agreement BLM shall not record this MOU on the public records of any public office. 12. Governing i,aw_ This Agreement shall be governed, construed, and interpreted by, through and under the laws of the State of Colorado. 13. ~everahility_ If any provision of this MOU or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this MOU nor the application of the provision to other persons entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent provided by law. IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement under seal as of the day and year first above written. Approved by: ®~ ~~~c® OARD OF COUNTY CONIlVIISSIONERS y EAGLE COUNTY, STATE OF COL RADO A~~ .~e lJ~/G, e®~o 00 B ~ . By: T J. Simonton, Clerk to the Micha L. Gallagher oard of County Commissioners Chairman Prepared by: Date: 1~ `~- ~~ Sa~vr c~;,.,-,~,r Reviewed by: Date: ~a/~/~s r Approved by: Date: /l~--O'aj 1 • EXbIIBIT "A" Aircraft referred to (SEAT) single engine aerial tanker to be pazked/tied down at the following location: At a point 120 feet south of the southeast comer of the Colorado Army Guard Hangaz, thence at a point beginning at the west side of the Porta-~'c~rt Hangars for a distance of 46 feet westwazd or at a point beginning at the southeast comer of the Colorado Army Guazd Hangar diagonally for a distance of 155 feet to the west side of the Porta-Port Hangazs and then for a distance of 46 feet westward of the Porta-Port Hangazs. Area located immediately north/northwest of tie down identified as #12. G:\WM~MEMORANDUM OF AGREEMENT USDI Bureau of Land Managmentdoc 4 • United States Department of the Interior IN REPLY REFER TO: 1786-021 CO-140 BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado S 1602 November 13, 2003 Diane Mauriello Eagle County Attorney Eagle County Regional Airport P.O. Box 850 Eagle, CO 81631 Dear Ms. Mauriello: As per your request, enclosed please find four copies of a Memorandum of Understanding (MOU) to permit single engine airtanker operations at the Eagle County Regional Airport. This Memorandum of Understanding, BLM-GSFO-O1-04 replaces a previous version, BLM-GSFO-07-03 that was executed during the course of wildfire suppression operations in July 2003. The previous version of the MOU, BLM-GSFO-07-03 is rendered null and void and is replaced in its entirety by the copies enclosed. Si cerely, Steve Bennett Associate Field Manager ~~~ '- ~