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HomeMy WebLinkAboutC03-267 FAAe-o3 -~~ "7- I a r ,`I . `~ Department of Transportation Federal Aviation Administration CONTRACT AIltPORT TRAFFIC CONTROL TOWER OPERATING AGREEMENT THIS AGR~NT xs entered into this ~`~y of Septe~rober, X003 by the Fed~~l Aviation Administration (hereinafter "Government'$) and Eag{e County, Goloi~ado, a body corporate and politic, acting by and through its Do~rd of County Commissioners (hereinafter "Airport Sponsor'). In consideration of the air traffic control (ATC) service being provided to the Airport Sponsor by the Government at the Eagle County Regional Airport, Eagle County, Colorado, the Airport Sponsor agrees to the following terms and conditions at no cost to the Government: 1. Government has agreed to provide air traffic control service to the Airport Sponsor under the terms of this Agreement. Airport Sponsor shall be responsible for separately contracting for such additional hours as may be required by it. 2. The Airport Sponsor shall provide an airport traffic control tower (ATCT) structure meeting all applicable state and local standards including, but not limited to, applicable building, fire, safety, environmental, and security, codes and regulations. The Airport Sponsor further agrees to maintain the ATCT structure in good and tenantable condition throughout the term of the agreement. 3. The Airport Sponsor shall also provide and maintain on a continuing basis, all utilities and services including heating, air conditioning, electrical, water, gas, sewer, janitorial (to include washing tower cab windows and shades, interior and exterior, when necessary), and security services necessary for the ongoing operation of ATC service. 4. The Airport Sponsor shall provide and maintain all ATC operational equipment located or presently installed in the ATCT to include, ATC and safety equipment, communications equipment, runway lighting equipment, weather reporting equipment, navigational equipment and all wiring and control related to the equipment. The equipment will be maintained in accordance with applicable FAA standards and regulations. 5. The Airport Sponsor shall be responsible for the proper and continued functioning of all equipment that the Government determines is necessary for ATC operations, but that cannot be placed in operation or otherwise controlled from the ATCT building. Examples include airport lighting, windsock, obstruction lights, rotating beacon, VASI, etc. • • ~~'~ 6. The Airport Sponsor agrees to enter into a Letter of Agreement (LOA) with the contractor's local representative specifically for the purpose of providing an airport point of contact and procedures to follow to ensure a timely response to requests concerning equipment or building problems. In accordance with FAA Order 7210.3, Section 3, other Letters of Agreement will be necessary for topics such as airport emergency service, control of vehicular traffic on airport movement areas, operation of airport lighting, and reporting airport conditions. The Airport Sponsor and the contractors local representative assigned to the ATCT are encouraged to enter into letters of local procedures, agreements or understandings. However the terms and conditions set forth.in this agreement or the FCT contract cannot be waived or superseded by such local agreements. 7. The Airport Sponsor agrees to hold the Government harmless and indemnify the Government for damages the contractor inflicts. FAA will not be financially liable for the actions of the contractor regardless of the dollar amount. 8. The Airport Sponsor agrees that notwithstanding any other provisions of this operating agreement, the Government's ability to provide contract ATC service is contingent upon the appropriation of adequate funds from year to year that enable the Government to provide contract ATC services to the public. If adequate annual appropriations are not provided, this operating agreement maybe terminated without penalty to the Government. 9. The Airport Sponsor is aware of current FAA procedure to recalculate benefit/cost ratios annually to determine the percentage of funds for which the FAA and the airport are responsible. FAA provides full funding for sites with abenefit/cost ratio of 1.0, or greater. 10. The sponsor is aware that funding from the FAA Contract Tower Program is provided for contract ATC services only. 11. The services under this agreement shall commence on October 1, 2003 and shall continue until such time as this Agreement is terminated. This agreement maybe terminated by either party upon ninety (90) days notice to the other party. 'r The undersigned agree to the terms and conditions of this agreement AIRPORT SPONSOR FEDERAL AVIATION ADMINISTRATION COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners y~~~ ~ ~/lL4S ss9~K+/rt~ ~.~/7A~f° ef°~a~ ~iPl/r~s~ (Type Name & Title) (Signature) ~~ o~ (Date) N:WT0140\TOWER\CANDIDA'1~OPAGREE2.DOC