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HomeMy WebLinkAboutC04-367 FAA MOU U.S. Department of Transportation Federal Aviation Administration Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 Attention: Ms. Diane Mauriello County Attorney, (970) 328-8691 S00 Independence Ave., Sw. Washington, DC 2os91 OS-Z-80001-001 Subject: Memorandum of Agreement (MOA) No. DTFAWA-OS-Z-80001 /NAT#101, between the Federal Aviation Administration (FAA) and Eagle County, Colorado, Executed Original, Transmittal of - Enclosure: (1) Signed MOA No. DTFAWA-OS-Z-80001 /NAT#101 Dear Ms. Mauriello, Provided herewith as Enclosure (1) is one fully executed Memorandum of Agreement (MOA) No. DTFAWA-OS-Z-80001 /NAT#101. This MOA establishes the terms under which an Air Traffic Control Beacon Interrogator Model 6 (ATCBI-6) Secondary Surveillance Radar System will be installedlimplemented at the Eagle County Regional Airport, including the cost share amounts required to accomplish the project. Please direct any questions regarding this subject to Mr. Donald Turnbull, ATCBI-6 Program Manager, ATO-T, at (202) 385-8720 and/or the undersigned at (202) 385-8682. Sincerely, Daniel Telfer FAA Contracting Office t~ "r 'j 't ~ , ~ L ._ .~ t ~ , ~ . N,w .. ~..., .. - li . G a~ -~3b~ - ~b NAT #101 Agreement No. DTFAWA-OS-Z-80001 MEMORANDUM OF AGREk MENT (MOA) Between Federal Aviation Adma.nistration (FAA) And Eagle County, Coloxado ARTICLE 1. THE PARTIES This Memorandum of Agreement (MOA) is between the Federal Aviation Administration (FAA) and Eagle County, Colorado, a body corporate and politic, (The RECEIVER). Parties are bound by a duty of good faith and best effort in achieving the goals of the Agreement ARTICLE 2. SCOPE A. Purpose: The purpose of this Agreement between the FAA and Eagle County, Colorado is in regards to: 1) The participation in the planning, radar site construction, installation, test and commissioning of an Air Traffic Control Beacon Interrogator Mode16 (ATCBI-6) secondary surveillance radar system at the Eagle County Regional Airport, and 2) The FAA's and Eagle County, Colorado's share of costs required to accomplish this effort. B. Specific goals and objectives to be accomplished: The objective of this Agreement is to construct a radar site and install anATCBI-6 System at the Eagle County Regional Airport in order to assist air traffic control. C. Management of the uroiect: Each party shall be responsible for managing their respective obligations associated with this Agreement. All property constructed and installed at the ATCBI-6 site at the Eagle County Regional Airport, including the ATCBI-6 system, all peripherals, and data produced by the system will be owned and operated entirely by the FAA, except as maybe otherwise specified in this Agreement. D. Receiver's (Eagle County, Colorado) Roles and Responsibilities: 1. Upon execution of this Agreement, Eagle County, Colorado will provide funding in the amount of $1,500,000 as its' agreed upon share of the total cost for planning, constructing, acquiring, installing, testing and commissioning of the ATCBI-6 system at the Eagle County Regional Airport. 2. Eagle County, Colorado will provide the land, on the Eagle County Regional Airport, suitable for construction and operation of an ATCBI-6 radar facility. This includes the specific ATCBI-6 operational facility, temporary adjoining space to support construction of the facility, access roads, and any and all easements required for access power, water, communications lines/runs, and appropriate space for mounting a remote transponder certification tool "Parrot". The land will be provided at no cost to the FAA. Upon execution of this Agreement, Eagle County, Colorado agrees to enter into a long term, rent free use, no NAT # 101 Agreement No. DTFAWA-OS-Z-80001 cost lease agreement with the FAA representatives in the Northwest Mountain Region Logistics Division Real Estate Section. All land will be provided free from pollution/contamination that could adversely affect the project, the persons involved and/or any third parties. This indemnification will be further detailed in the lease agreement. The specific ATCBI-6 site location will be mutually agreed to by the parties. 3. Eagle County, Colorado will provide the FAA access to, as necessary, any and all available airport engineering documents, site maps, and drawings depicting the airport infrastructure. 4. Eagle County, Colorado agrees to assist the FAA, as necessary, in the planning, logistics, engineering, administration, and general coordination of on-site airport activities that maybe associated with the objectives of this Agreement. 5. Eagle County, Colorado will be responsible for site (grounds) maintenance activities including general landscaping (lawn mowing, tree trimming, weed removal, etc.), and snow removal (plowing of access roads, site parking, etc.). E. FAA Roles and ResRonsibilities: 1. The FAA will be responsible for the planning, radar site construction including connection to utilities, installation, test and commissioning of an Air Traffic Control Beacon Interrogator Model 6 (ATCBI-6) secondary surveillance radar system at the Eagle County Regional Airport. The FAA will provide all labor and materials necessary to accomplish this objective. This includes the actual construction, installation and test of the system, and any necessary procurementlacquisition actions. The FAA will integrate the ATCBI-6 system site into the National Airspace System (NAS). The FAA assumes the responsibility for all associated costs, currently estimated at $3,100,000 (less the $1,500,000 share to be provided by the receiver). 2. The FAA will be responsible for the operation and maintenance of the ATCBI-6 site and ATCBI-6 system, currently estimated at $115,000 per year. 3. The FAA will comply with all airport requirements while on the Eagle County Regional Airport Site. F. Limitations: No services or supplies, other than that listed in this agreement will be furnished under this agreement. ARTICLE 3. EFFECTIVE DATE and TERM The effective date of this Agreement is the date on which it is signed by the FAA, after being signed by Eagle County, Colorado, understanding that the signatures of both parties are required. The FAA's performance of its' roles and responsibilities, as identified in Article 2E, will commence upon FAA receiving the advance reimbursement cost share in the amount of $1,500,004 from Eagle County, Colorado. This Agreement is estimated to last 2.5 years and shall terminate 6 months after commissioning of the ATCBI-6 system at the Eagle County Regional Airport Site, unless it is terminated earlier by the parties. 2 NAT #101 Agreement No. DTFA vVA-OS-Z-80001 ARTICLE 4. MILESTONES Work will be accomplished according to the milestones identified below. The estimated completion dates are for planning purposes only, and are subject to change. • Mutually Execute Agreement • Airport Authori`y Cost Share Received by FAA • Generic Site Design • Airport Specific Site Design • Construction/Installation/Check-out • Site/System Commissioning ARTICLE 5. LEGAL AUTHORITY 4th quarter CY2004 2 weeks after execution u~ agreement 1St quarter CY2005 3rd quarter CY2005 4th quarter CY2006 1St quarter CY2007 This Agreement is entered into under the authority of 49 U.S.C. 106 (1) and (m), which authorizes agreements and other transactions on such terms and conditions as the Administrator determines necessary. ARTICLE 6. FUNDING /PAYMENT Eagle County, Colorado will provide an advance to the FAA, which is the County's established cost share in the amount of $1,500,000. This funding is necessary to fund and initiate the project. In absence of receiving this $1,500,000, project activities will not be initiated. The FAA's performance of its' roles and responsibilities, as identified in Article 2E, will commence upon FAA receiving $1,500,000 from Eagle County, Colorado. Payment in the amount of $1,500,000, remit to: Federal Aviation Administration Accounts Receivable, AFM-210 Attn: Ms. Sheila Byrd, Bldg FOB-10A, 5th floor 800 Independence Ave, SW Washington, DC 20591 The remittance shall note/cite this agreement number "NAT#101 / DTFAWA-OS-X80001" ARTICLE 7. POINTS OF CONTACT FAA Points of Contact (Headquarters) FAA Program Office/Program Management: Donald Turnbull, ATO-T, (202) 385-8720 FAA Program Office/Project Principal: Michael Weiler, ATO-T (202) 385-8767 FAA Contracting Officer: Daniel Telfer, ATO-A (202) 385-8682 FAA Accounts Receivable: Sheila Byrd, AFM-210, (202) 267-8967 FAA Business Management Support: Tina Griffin, ATO-T, (202) 385-8653 FAA Contracts Support: Gavin Byrne, ATO-A (202) 385-8806 FAA Points of Contact (Northwest Mountain Region) FAA Project Technical Operations: Darby Curran, ATO, (425) 227-2434 NAT #101 Agreement No. DTFAWA-OS-Z-80001 FAA Project Principal: Kevin Stewart, ATO, (425) 227-2067 FAA Project Operations: Susan Foster, ATO, (425) 227-2515 FAA Project Engineering: Ronald Burgess, ATO, (425) 227-2339 Eagle County, Colorado Points of Contact Program Management: Ovid Siefers, Eagle C~-~unty Airport (970)524-8246 Legal Issues: Diane Mauriello, County Attorney (970) 328-8685 Airport Access: Ovid Siefers, Eagle County t urport (970)524-8246 Engineering/Technical Issues: Jim Trott, Cait~r & Burgess (303)820-5255 Funding or Other Contract Issues: Jack Ingstad, County Administrator (970)328-8605 ARTICLE 8. LIMITATION OF FUNDS The FAA is liable only to the limit of funding obligated under this Agreement, including written modifications to this Agreement. Claims for damages of any nature whatsoever pursued under this Agreement shall be limited to direct damages only up to the aggregate amount of funding obligated under this Agreement at the time the dispute arises. In no event shall the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 9. LIMITATION OF LIABILITY The FAA assumes no liability under this Agreement for any claims for damages or losses arising out of any action or inaction by the County, its employees, or contractors, or any third party action on its behalf. In no event shall the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 10. CHANGES AND MODIFICATIONS Changes and/modifications to this Agreement shall be in writing and signed by the Federal Aviation Administration Contracting Officer and Eagle County, Colorado. Any modification shall cite this Agreement, and shall state the exact nature of the modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this Agreement. Notification of changes to parties other than as specified herein shall not be considered to be in compliance with this requirement. ARTICLE 11. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, privileged or otherwise confidential information that may come into their possession as a result of this Agreement. 4 NAT #101 Agreement No. DTFAWA-OS-Z-80001 ARTICLE 12. TERMINATION In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party (other than payment of amounts due and owing and performance of obligations accrued, in each case prior to the termination date) by giving the other party at least thirty (~:?) days prior written notice of termination. Upon receipt of a notice of termination, each Harty shall take immediate steps to stop the accrual of any additional obligations, which might require payment. ARTICLE 13.OFFICIALS NOT TO BENEFIT FAA Acquisition Management System Clause 3.2.5-1, "Official Not to Benefit" and Clause 3.2.5-7, "Disclosure Regarding Payments to Influence Certain Federal Transactions" are herby incorporated by reference into this Agreement. ARTICLE 14. CONSTRUCTION OF THE AGREEMENT This Agreement is an "other transaction" issued under 49 U.5.C 106 (1) and (m) is not a procurement contract, grant or cooperative agreement. Nothing in this Agreement shall be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of this Agreement and any amendments thereto, and that, accordingly, this Agreement shall not be construed more stringently against one party than against the other. ARTICLE 15. DISPUTES Where possible, disputes will be resolved by informal discussion between the parties, or by a mutually agreed to committee. In the event the parties are unable to resolve any disagreement through good faith negotiations, the disputes will be resolved by the FAA Dispute Resolution System, the Office of Dispute Resolution for Acquisition (ODRA). The decision is final unless it is timely appealed to the FAA Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding. ARTICLE 16. WARRANTIES The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that maybe provided under this Agreement. ARTICLE 17. INSURANCE Eagle County, Colorado shall arrange by insurance or otherwise for the full protection of Eagle County, Colorado from and against all liability to third parties arising out of, or related to, NAT #101 Agreement No. DTFAWA-OS-Z-80001 its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by Eagle County, Colorado en.~ployees, or contractors, or any third party acting on its behalf. Eagle County, Colorado agrees to hold the United States harmless against any claim by third persons for injury, death or property damage arising out of or in connection with its performance under this Agreement. ARTICT.E 18. CIVIL RIGHTS ACT Eagle County, Colorado shall comply with Title VI of the Civil Rights Arc of 1964 relating to nondiscrimination in Federally assisted programs and provide a certification to that effect. ARTICLE 19. ENTIRE AGREEMENT This document is the entire agreement of the parties, who accept the terms of the agreement as shown by their signatures below, except as otherwise provided for in this agreement for follow-up actions such as leases, easements, etc. In the event the parties duly execute any amendment to the agreement, the terms of such amendment shall supersede the terms of this agreement to the extent of any inconsistency. AGREED: Eagle County, Colorado By and through its' Board of County Commissioners BY: TITLE: IN-a.~~~~~ DATE: I UDV - 6 ~ ~ D~ AGREED: Federal Aviation Administration BY: TITLE: ~'~T"R,~cj-~~l~- ~fG~c~2 DATE: ~ r ! 9 0 6