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44 APPENDIX E Mutual Aid Agreements from Case Examples Sample 7. Salt Lake City International Airport Interlocal Agreement (2012) MULTI-JURISDICTIONAL MUTUAL AID AGREEMENT FOR SHERIFF AND POLICE SERVICES RECORDED APR 02 2012 (An Interlocal Cooperation Agreement) AN INTERLOCAL COOPERATION AGREEMENT entered into this 2012, by and among: Attorney General's Office, Cottonwood Heights, Draper City, Granite School District, Murray City, Salt Lake Airport Police, Salt Lake County, Salt Lake City, Sandy City, South Jordan City, South Salt Lake City, Taylorsville City, Tooele City, Town of Alta, Utah State Department of Corrections, Utah State Department of Natural Resources, Unified Police Department, United States Marshall for Utah, University of Utah Police, Utah Transit Authority (UTA), Utah State Department of Public Safety, Utah Motor Vehicle Enforcement Division, West Jordan City, West Valley City one of which shall be called an âAgencyâ or any two or more of which may be called âAgenciesâ herein. The term â all Agenciesâ shall refer to parties which are signatories to this Agreement and which have not terminated their participation herein. Â· PURPOSE: Each of the Agencies has or is a law enforcement agency or department with equipment and personnel trained and equipped to prevent and detect crimes, and authorized to enforce criminal statutes or ordinances in the State of Utah. The Agencies wish to provide for their mutual assistance in situations involving crimes, disturbances of the peace, riots, and other emergency situations which require police resources over all above those that can be provided by the Agency in whose jurisdiction the incident or emergency occurs, subject to the control of each individual Agency. All equipment and personnel of any Agencyâs law enforcement department shall herein be referred to as Resources. The Agencies do not wish to provide for reimbursement for the assistance they render. However, nothing herein is intended to r eplace or terminate any pre-existing interlocal agreement between or among any of the Agencies which provide for first response or assistance by one Agencyâs law enforcement department within the political boundaries of another on a regular or routine basis. This Agreement is intended to replace the Multi-jurisdictional Mutual Aid Agreement for Police and Sheriff Services dated August, 1991, and amended and extended in or about 1996. The Agencies intend by this Agreement to commit to assist each other whenever possible, while allowing each Agency the sole discretion to determine when its resources cannot be spared for assisting other Agencies. This Agreement is not intended as a substitute for or to abrogate Agreements created pursuant to Section 53-12-302, Utah Code Annotated. CONSIDERATION: The consideration for this Agreement consists of the mutual benefits and exchange of promises provided herein. EFFECTIVE DATE, TERM: This Agreement shall become effective when two or more agencies each execute an original or copy of this Agreement as required by law, and send or deliver an original copy of the executed Agreement to the Sandy City Police Chief, 10000 South Centennial Parkway, Sandy, Utah 84070. The Sandy City Police Chief shall send notice of properly executed agreements he receives to all other Agencies who are parties hereto. This Agreement shall continue in force from the effective date hereof until midnight June 30, 2015, subject to termination by any Agency or all the Agencies as provided in Section 8.
45 NOW THEREFORE, based upon the mutual promises and conditions contained herein, the parties agree as follows: SPECIFIC PROVISIONS 1. Assistance. The Agencies shall each provide their available Resources to assist any other Agency upon request by any other Agency, provided that the responding Agency shall have Resources reasonably available, in the sole discretion of the responding Agency. Except when otherwise requested, or except when the circumstances otherwise clearly indicate, a responding Agency shall send only certified peace officers to an Agency requesting assistance hereunder unless the requesting Agency requests otherwise. Any responding Agencyâs law enforcement officers shall be fully certified, authorized and empowered as law enforcement officers when in a requesting Agency's jurisdictional boundaries and when following orders of the requesting Agencyâs Commander or the incident commander. 2. Agency First Response, Dispatch. Each Agency shall instruct its dispatchers or the organization which provides dispatching services for its law enforcement department to first send Resources from its own department to any police emergency which the department is equipped to handle within its own political boundaries before requesting assistance from other Agencies. The chief officer from the department in whose boundaries the emergency occurs, who is responsible for coordinating law enforcement response to the emergency, or such other officer whom he shall designate shall be the commanding officer at the scene or location for which police assistance is sought from other Agencies (herein called the âIncident Commanderâ). He or she may request that his or her dispatcher may request assistance from any other Agency or Agencies. 3. Command at Scene, Release of Resources. The responding personnel or the chief officer from each Agency sending personnel and Resources to assist any other Agency shall report to the Incident Commander upon arrival at the scene of an emergency or the location where assistance is requested, All shall follow the lawful directions of the Incident Commander with respect to the emergency. The incident Commander shall, where reasonably able to do so, release Resources from other Agencies before releasing the Resources of his own Agency when no longer needed at the incident scene. 4. No Compensation. No Agency shall request or receive reimbursement for providing Resources to another Agency under this Agreement, except as otherwise provided herein,Â· or except as the Agencies otherwise agree. 5. No Waiver of Immunity. Nothing herein shall be construed to waive any of the privileges and immunities associated with law enforcement or other related services, including emergency medical services, or of any other nature of any of the Agencies. 6. Workers Compensation, Insurance, Benefits. Each Agency shall be solely responsible for providing workers compensation and benefits for its own personnel who provide assistance under this Agreement unless the parties otherwise agree. Each Agency shall provide insurance or shall self-insure to cover the negligent acts and omissions of its own personnel rendering services under this Agreement. 7. Hold Harmless and Indemnity. Each party (the responsible party) agrees to indemnify, defend, and hold harmless each other party from and against any claims, lawsuits, liability, damages, loss, costs or expense, including attorneysâ fees incurred as a result of bodily injury, death, personal injury or damage to property caused by or arising out of the intentional, wrongful, or negligent acts or omissions of the responsible party. Notwithstanding the forgoing sentence, no party waives any defenses or immunity available under the Utah Governmental Immunity Act of Utah (Chapter 63-30D, Utah Code Annotated), nor does any party waive any limits of liability currently provided by the Act. 8. Termination. Any Agency may terminate its participation under this Agreement by giving each other Agency to the Agreement 30 dayâs prior written notice of its intent to terminate participation in it. Any obligations incurred by any Agency to any other hereunder prior to termination, including obligations under paragraph 7, shall survive the termination of this Agreement. 9. Satisfaction of Responsibility. This Agreement shall not relieve any Agency of any obligation imposed upon it by law, provided that the performance of a responding Agency may be offered in satisfaction of any such obligation of the Agency requesting assistance to the extent of actual and timely performance by the responding Agency. 10. Additional Agencies. Any subdivision of the State of Utah not specifically named herein (Prospective Agency) which shall hereafter sign this Agreement or a copy hereof shall become an Agency hereto provided that it employ law enforcement officers, and provided that it first give 30 days' written notice to each Agency hereto of its intent to become an Agency, and provided that a majority of the Agencies shall not within 30 days thereafter notify the Sandy City Police Chief in writing that they object to the Prospective Agency becoming a party hereto. In the event that a majority of the Agencies objects to the Prospective Agency becoming a party hereto, then the Sandy City Police Chief or his designee shall promptly notify the Prospective Agency that its application was rejected. A prospective agency thus rejected may reapply for membership hereunder after one year has passed. Any Agency which becomes a newly accepted Agency to this Agreement is entitled to all the rights and privileges and subject to the obligations of any Agency as set out herein.
46 11. No Separate Legal Entity. No separate legal entity is created by this Agreement, however, to the extent that any administration of this Agreement becomes necessary, then the Agencies police chiefs, or their designees, shall constitute a joint board for such purpose. 12. No Effect on Other First Response Agreements. This Agreement shall supersede the Multijurisdictional Mutual Aid Agreement for Police and Sheriff Services made in or about August, 1991 among some of the Agencies, which was amended and extended in or about 1996 for an additional five years, but this Agreement shall not supersede those existing agreements of Agencies which provide for first response or assistance by one Agencyâs law enforcement department within the political boundaries of another on a regular or routine basis. 13. Whole Agreement, Modifications. This Agreement constitutes the whole agreement of the parties, and replaces all prior agreements and understandings, written or oral, between the parties. This Agreement may be modified only by a writing signed by all parties hereto. 14. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. 15. No Third Party Beneficiaries. This Agreement is not intended to benefit any party or person not named as an Agency specifically herein, or which does not later become a signatory hereto as provided herein. 16. Agency Personnel Not Agents of the Other. The employees of the Agencies providing services pursuant to or consistent with the terms of this Agreement are solely the officers, agents, or employees of the entity which hired them. Each agency shall assume any and all liability for the payment of salaries, wages, or other compensation due or claimed due, including workersâ compensation claims, and each public entity shall hold the other harmless there from: The Agencies shall not be liable for compensation or indemnity to any other agencyâs employee for any injury or sickness rising out of his or her employment, and the Agencies shall not be liable for compensation or indemnity to any agency employee for injury or sickness arising out of his or her employment, and each party hereby agrees to hold the other party harmless against any such claim. 17. Real or Personal Property. The Agencies do not anticipate that they will acquire or hold any real or personal property in this cooperative undertaking, but in the event that any such property is acquired by the Agencies jointly for the undertaking, and paid for by two or more of them, then it shall be divided as the contributing Agenciesâ representatives shall agree, or, if no agreement is reached, then it shall be divided according to their respective payments for the property, or if it cannot be practically divided, then the property shall be sold and the proceeds divided according to the Agenciesâ proportionate share of the purchase of the item of property. 18. Counterparts. This Agreement may be executed in original counterparts, each of which will be deemed an original. 19. Titles and Captions. The titles and captions of this Agreement are for convenience only and shall not be deemed part of this Agreement and in no way define, limit, augment, extend or describe the scope, content or intent of any part or parts of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year set out below. AGENCY: Salt Lake City Corporation, Department of Airports and Commercial Services DATE:
47 Sample 8. Salt Lake City International AirportâAmerican Red Cross Memorandum of Understanding (2010) MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY DEPARTMENT OF AIRPORTS AND GREATER SALT LAKE AREA CHAPTER, AMERICAN RED CROSS THIS MEMORANDUM OF UNDERSTANDING (âMOUâ) is made and entered into as effective as of July 1, 2009, by and among SALT LAKE CITY CORPORATION (âCityâ) and the GREATER SALT LAKE AREA CHAPTER, AMERICAN RED CROSS (âGSLACâ). WHEREAS, City owns and through its Department of Airports (âSLCDAâ) operates the Salt Lake City International Airport (âAirportâ); and, WHEREAS, GSLAC has the legal right and the obligation to provide disaster relief services in the event of disasters; and, WHEREAS, GSLAC desires to place up to four (4) disaster response trailers at Airport as a part of its public disaster relief operations; and, WHEREAS, City is agreeable to allowing GSLAC to keep said disaster response trailers at the Airport as hereinafter set forth in this MOU; NOW THEREFORE, the parties agree as follows: 1. GSLAC will pre-position up to four (4) 20-foot trailers at Airport. Trailers shall be parked at a location or locations authorized by City. Each trailer will contain cots, blankets, Comfort Kits, ARC shelter operation forms, and other supplies and materials needed to support shelter operations for approximately 72 hours. Pre-positioned trailers will not include food items. 2. The pre-positioned trailers will be identified as an American Red Disaster Relief asset. GSLAC will provide a key to each trailerâs lock so in case the City deems it necessary to access the trailer. 3. The supplies stored within the pre-positioned trailers shall be the property of GSLAC. In the event of a disaster, either GSLAC or City may open the trailers for the purpose of setting up a shelter and/or distributing and/or using the items stored. Whenever it is necessary to set up a shelter and/or use the items stored inside the trailer, each party agrees to notify the other that the trailer has been opened, and provide a list of the items used. When possible the parties will provide such notice prior to opening trailers. Primary contact information is provided in Attachment A attached hereto and hereby incorporated by reference. 4. If a trailer is opened and supplies are used, lost or destroyed, the party opening the trailer will be responsible for the cost of resupplying the trailer. If City opens a trailer and is responsible for the use, loss or damage of supplies it shall immediately inform the GSLAC contact person. The GSLAC contact person will schedule replacement of the used or lost inventory by its supply vendor so that the full inventory is maintained. Items will be replaced in accordance with the following cost schedule: Cots at a cost of $28.95 each Blankets at a cost of $5.25 each ARC uni-sex comfort kits at a cost of $2.51 each 5. The City will specify the initial location where each trailer will be parked. The City will ensure that GSLAC has 24 hour access to each trailer. If the City desires to relocate trailers from their initial locations City will notify the primary contact at GSLAC of the new trailer locations and the date moved. The City agrees to provide reasonable and prudent security for the trailers at each location. If prudent security has been implemented and trailers are vandalized GSLAC will be responsible for repairing damage and replacing supplies. Point of contact for trailers will be Airport dispatch at (801) 575-2401. If GSLAC moves a trailer or trailers from the Airport or adds trailers, up to the limit of four trailers, GSLAC will notify the Airport Emergency Program Manager. 6. This MOU shall have a term of five (5) years from the date of execution hereof. Notwithstanding the above, each party reserves the right to cancel this MOU for any reason prior to expiration upon at least thirty (30) days written notice of cancellation to the other party.
48 7. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES: GSLAC represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this MOU upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the Cityâs conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the Cityâs conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 8. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63, Utah Code Annotated or its successor (âGRAMAâ). All materials submitted by GSLAC pursuant to this MOU are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with GSLAC. Any materials for which GSLAC claims a privilege from disclosure shall be submitted marked as âConfidentialâ and accompanied by a statement from GSLAC explaining GSLACâs claim of exemption from disclosure. City will make reasonable efforts to notify GSLAC of any requests made for disclosure of documents submitted under a claim of confidentiality. GSLAC may, at GSLACâs sole expense, take any appropriate actions to prevent disclosure of such material. GSLAC specifically waives any claims against City related to disclosure of any materials required by GRAMA. 9. RULES AND REGULATIONS. In using Airport facilities hereunder, GSLAC agrees to comply with all applicable laws of the United States of America and the state of Utah and lawful rules and regulations promulgated by their authority, including the Federal Aviation Administration with reference to airport security; and all applicable lawful rules, regulations and ordinances of City now in force or thereafter prescribed and promulgated by authority of law, specifically including all fire codes and security regulations. 10. Mutual indemnification and resolution language specific to Salt Lake City and Utah. 11. City shall provide GSLAC with a certificate showing that the City maintains the following policies of insurance: a. Commercial General Liability coverage to include Products and Completed Operations, Contractual and Personal and Advertising Injury Liability with minimum limits of $1,000,000 per each occurrence. b. Workersâ Compensation providing statutory benefits as required by law and including Employersâ Liability with limits of at least $250,000 Per Accident for Bodily Injury by accident, $500,000 policy limit for Bodily Injury by Disease, and $250,000 Per Employee for Bodily Injury by Disease. c. Automobile Liability including liability Hired and Non-Owned Autos with limits of at least $1,000,000 combined single limits. In WITNESS WHEREOF, this MOU has been executed on the day and year first above written and is effective and operative as to each of the parties as herein provided. SALT LAKE CITY CORPORATION GREATER SALT LAKE AREA CHAPTER, AMERICAN RED CROSS
49 Attachment A PRIMARY CONTACT INFORMATION Salt Lake City Department of Airports Airport Control Center and Dispatch (24 hour a day point of contact) Greater Salt Lake Area Chapter, American Red Cross
50 Sample 9. Salt Lake City International Airport PoliceâUtah Air National Guard K9 Mutual Aid Agreement (2010) UTAH AIR NATIONAL GUARD MEMORANDUM OF UNDERSTANDING FROM: 151 SFS/CC 765 North 220 West Salt Lake City, UT 84116-299 SUBJECT: SALT LAKE CITY AIRPORT POLICE DEPARTMENTâS K-9 SUPPORT 1. To fulfill the mission of the 151st Security Forces Squadron, as per the Anti- Terrorism Force Protection plan, it may be necessary to implement the use of a Police Service Dog. â¢ At the present, the 151st Security Forces Squadron does not have that needed resource. â¢ In the event the use of a Police Service Dog becomes evident, the 151st Security Forces Squadron requests assistance of the Salt Lake City Airport Police. 2. Thank You in advance for this vital assistance. 151 SFS, Commander Commander, 151 SFS Utah Air National Guard CHIEF OF POLICE SALT LAKE CITY DEPARTMENT OF AIRPORTS
51 UTAH AIR NATIONAL GUARD Security Forces, 151st Air Refueling Wing (AMC) 03 October 2007 MEMORANDUM OF UNDERSTANDING FROM: 151 SFS/CC 765 North 2200 West Salt Lake City, UT 84116-2999 SUBJECT: SALT LAKE CITY AIRPORT POLICE DEPARTMENTâS K-9 SUPPORT 1. To fulfill the mission of the 15lst Security Forces Squadron, as per the Anti-Terrorism Force Protection plan, it may be necessary to implement the use of a bomb detecting, Police Service Dog. â¢ At the present time, the 15lst Security Forces Squadron does not have that needed resource. â¢ In the event the use of a bomb detecting Police Service Dog becomes evident, the 15lst Security Forces Squadron requests the assistance of the Salt Lake City Airport Policeâs Police Service Dog. 2. Thank You in advance for this vital assistance. 151 SFS I Commander /___________________ Accept Assistance / Decline Assistance
52 Sample 10. Hammond Northshore Regional AirportâLouisiana Military Department (National Guard) INTERGOVERNMENTAL COOPERATIVE ENDEAVOR AGREEMENT Between CITY OF HAMMOND And HAMMOND NORTHSHORE REGIONAL AIRPORT AUTHORITY And LOUISIANA MILITARY DEPARTMENT This Cooperative Endeavor Agreement, made and entered into this day of February, 2007 by and between the City of Hammond, hereinafter sometimes referred to as âCity,â the Hammond Northshore Regional Airport Authority, herein sometimes referred to as the âAuthorityâ and the Louisiana Military Department, hereinafter sometimes referred to as âState.â WITNESSETH: I. Introduction WHEREAS, Article VII, Section 14(C) of the Constitution of the State of Louisiana provides that âFor a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individualâ; and WHEREAS, the State has a leasehold title to the property leased to the State by the City and the Authority for the purpose of construction of permanent Louisiana Army National Guard Aviation maintenance facilities and unit readiness centers to house, train and administer aviation units and soldiers and to provide maintenance for aircraft and ground support equipment; and, WHEREAS, the National Guard Bureau has provided Military Construction (MILCON) and Sustainment, Restoration and Modernization (SRM) funding to the Louisiana Army National Guard through the Louisiana United States Property and Fiscal Officer (USP&FO) for Hurricane Katrina recovery and reconstitution of aviation units and support facilities at the Hammond Northshore Regional Airport; and, WHEREAS, State has entered into contracts for construction of new facilities, infrastructure and temporary facilities at the Hammond Northshore Regional Airport to house 500 Louisiana Army National Guard aviation pilots and support personnel and aircraft mechanics; and, WHEREAS, the City and Authority has leased 182 acres of land to the State, consisting of 127 acres of developed area, 25.7 acres of undeveloped area and 29.3 acres of wet lands; and WHEREAS, the current programmed construction footprint is 55.92 acres of the127 developed area for construction of buildings, infrastructure and pavement; and, WHEREAS, the Federal Aviation Administration (FAA) requires that the State enter into an in-kind agreement with the Authority for the leased property; and, WHEREAS, the Authority has calculated the value of the 55.9 acres currently programmed for construction as $292,200 and the State agrees to provide annual payment to the Authority through in-kind services and/or cash payments in the amount of $292,200, NOW THEREFORE, the State, City and Authority agree to cooperate in the manner as hereinafter provided: II. Scope of Services The City and Authority will provide the exclusive use to State of 182 acres of land owned by the Authority located at Hammond Northshore Regional Airport, Hammond, Louisiana and leased to the State by the City and Authority. State will provide in-kind services and/ or cash payments in the amount of $292,200 annually to the Authority to satisfy the FFA requirements for State use of the property for Army aviation purposes and for emergency response to natural or civil emergencies or terrorist activities on the call of the Governor or President of the United States for public safety, security and disaster and/or emergency preparedness coordination. The Louisiana Military Department and Louisiana National Guard will provide the following in-kind services: 1. State will plan, design and construct a new T-hangar for the Authority at Stateâs expense for exclusive use by the Authority. This project is nearing completion and will be ready for occupancy by March 2007. The total cost of this project is $602,058. This project represents a cost avoidance to the Authority and subsequent rental of the T-hangar by the Authority is a revenue source to the Authority.
53 2. As part of its Sustainment, Restoration and Modernization funding for federal FY 2006, the State leased temporary modular office space and maintenance tents and constructed utilities infrastructure to support the leased space, aircraft parking area, privately owned vehicle parking area and installed IT support. This work was contracted by the State at a cost of $3,631,104.47 including planning, design and construction. Upon occupancy of newly constructed buildings by the State, State will vacate the leased space and turn over the installed infrastructure and paved areas to the Authority for its use. 3. The State conducted the environmental assessment (EA) of the property leased to it at its expense using a combination of an environmental professional services contractor and State environmental employees assigned to the Military Departmentâs Environmental Management Branch. The EA was approved by the National Guard Bureau and the FAA. The total cost of the EA was $71,350. This is an in-kind service to the Authority, which customarily would have provided the environmental assessment at its cost 4. The State will purchase aviation and ground support equipment fuel from the Authority's fuel contractor. Based on established usage for routine training and operations of the aviation units and activities, the annual payment to the Authority will be $70,000. This does not include any fuel usage to support civil or natural emergencies, such as Hurricane Katrina, or for additional aircraft and ground support equipment that will be assigned to the aviation units as a result of the Army transformation. For example, fuel revenue to the Authority as a result of a Katrina- type event, would have been $64,000, making the annual total $134,000. Based on the aviation command assessments, fuel revenue to the Authority for future years should be approximately $100,000 without any emergency usage. 5. The State has contracted planning, design, and construction of new facilities at the airport for its aviation assets with a total cost of $99,677,486. Under the terms of the lease, should the facilities not be used for military purposes, the land and all improvements will be returned to the City and Authority for its use. 6. State will provide grass cutting and grounds maintenance of its leased premises, eliminating this as an Authority responsibility. The service is under contract now with an annual cost of $22,950, which will increase when the buildings are constructed and grass cutting will include fine cut requirements. 7. State will contract through the Authority for a 24/7 crash rescue service that will be first responders to both military and civilian aircraft landing and taking off from Hammond Northshore Regional Airport, a general aviation airport. The State will fund the full cost of this service, estimated to be $225,000 annually, based on contracts in place at similar general aviation airports having military aviation units as a tenant. The fire rescue service is also capable of providing back-up support to firefighters responding to building fires. 8. State will contract through the Authority for a 24/7 security guard service that will provide force protection and physical security services for the National Guard units and personnel located at Airport in accordance with National Guard Bureau Anti-Terrorist! Force Protection (AT/FP) Security Criteria. The estimated annual cost of this service is $142,000. 9. State will negotiate with the Authority to pay an airport usage cost associated with landings, takeoffs and runway usage. 10. A component of the Army Aviation Support facility (AASF) to be constructed at the Airport is a fixed wing hangar. This affords an opportunity for establishment of a fixed wing hub, funded by National Guard Bureau, and will increase the number of fixed wing aircraft housed at the Airport plus additional landings and departures, increasing Authority revenue for fuel and associated support. 11. State will consider providing funding assistance for Authority projects that benefit the Louisiana National Guard, such as increased fire protection coverage, parallel taxiways, and any future projects that benefit users of the Hammond Airport. 12. State will aid in the acquisition of property south of the approach to Runway 31 to eliminate displaced threshold and install approach lighting. 13. State through its assigned National Guard units at Hammond Airport will provide Foreign Object Damage (FOD) removal from the UH-60 helicopter parking, the hangar ramp area that it occupies and the area of Taxiway Charlie used as a crossing area from the Guard hangar to its ramp area. This service is essential to aircraft safety. 14. The presence of the Louisiana National Guard on the Hammond Airport provides an emergency response capability that benefits both the Authority and citizens of Hammond. 15. As part of new construction, the State will install security fencing that meets DOD Security Engineering Standards and will maintain and repair this fence at its cost. The State further agrees to assist the Authority in maintaining the perimeter fence at the Hammond Airport.
54 16. State will provide all maintenance, repair, service agreements such as pest control, garbage disposal, janitorial services and service contracts for electrical, mechanical, and IT systems installed at its facilities. State will work with Authority and City to use local vendors and contractors. 17. State will bear the cost of all utilities and utility systems repairs on its premises. III. Goals, Objectives, Deliverables, Measurements, Monitoring Plan IV. Related Costs The State shall be responsible for any and all costs associated with the maintenance, upkeep, and utility services required to occupy the property. V. Contract Term This Agreement shall be for the term of the lease with the City and Authority and will terminate ninety-nine (99) years from the date of execution of this agreement, unless amended in writing and approved by all parties. The parties shall review this agreement at five (5) year intervals to address any changes or costs associated with the Agreement, and issue the appropriate amendment to the agreement for approval by all parties to the Agreement. VI. Termination for Convenience This Agreement may not be terminated by any party to the Agreement without the written approval of all parties to the Agreement, except that this Agreement may be terminated by the City and the Authority, if the State ceases to use the property for Military purposes as specified in the referenced lease. VII. Termination for Cause City and Authority may terminate this Agreement for cause based upon the failure of the State to comply with the terms and/or conditions of this Agreement, provided that City and Authority shall give the State written notice specifying the State's failure. If within thirty (60) days after receipt of such notice, the State shall not have corrected such failure and thereafter proceeded diligently to complete such correction, then City may, at its option, place the State in default and this Agreement shall terminate on the date specified in such notice. Louisiana Military Department may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of City and Authority to comply with the terms and conditions of this contract; provided that the State shall give City and Authority written notice specifying Cityâs and Authority's failure and a reasonable time for City and Authority to have an opportunity to cure the defect. VIII. Remedies for Default Any claim or controversy arising out of this Agreement shall be resolved pursuant to the general laws of the State of Louisiana. 1. The goal of this Intergovernmental Agreement is for the State to provide in- kind services and/or cash payments to the Authority meeting FAA requirements in return for the exclusive use of property leased to the State by the City and Authority for the State to construct Army National Guard Facilities and Infrastructure at the Hammond North- shore Regional Airport 2. The objective of this Intergovernmental Agreement is to identify in-kind services and/ or cash payments that the State may provide to the Authority annually to compensate the Authority for FAA agreed value of the leased property and to establish mutually beneficial interface to the parties to this Agreement. 3. The deliverables are an annual written report prepared by the Authority for submittal to FAA verifying that the State has met its annual fiscal responsibility to the Authority or any shortfall by the State for that year. The State and Authority will develop a list of in-kind services or cash payments to be made to meet FAA requirements and add to or delete services from the list annually. 4. The measurements for this agreement will be a quarterly review between the Authority and State to assess payment progress and to review services as required, ensuring that the annual payment required by the State will be met. 5. The monitoring plan is for Maria Finch, a contract employee of the State Contracting Office and Construction and Facility Management Office at Hammond Airport, representing the State to work closely with Jason Ball, the Airport Manager, representing the City and Authority to ensure the State's fiscal responsibility in this agreement is reached.
55 IX. Assignment of Interest Louisiana Military Department shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment, notation or otherwise), without the prior written consent of the City and Authority. X. Audits and Auditors It is hereby agreed that the Legislative Auditor of the State of Louisiana, and/or the Office of the Governor, Division of Administration auditors, and/or the City auditor shall have the option of auditing all records and accounts of Louisiana Military Department that relate specifically to this Agreement. XI. Discrimination Clause The City, Authority and the State agree to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteranâs Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and the requirements of the Americans with Disabilities Act of 1990. The City and the Military agree not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by the City or the Military, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement. XII. Entire Agreement This Agreement, together with any exhibits and/or attachments specifically incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, this Intergovernmental Cooperative Endeavor Agreement has been signed by the undersigned duly authorized representative of the City of Hammond, for the purposes, uses and benefits herein expressed, in the presence of the undersigned competent witnesses, at Hammond, Louisiana, on the date shown below, to be effective as of the date stated above, after a due reading of the whole document. City of Hammond IN WITNESS WHEREOF, this Intergovernmental Cooperative Endeavor Agreement has been signed by the undersigned duly authorized representative of Louisiana Military Department, for the purposes, uses and benefits herein expressed, in the presence of the undersigned competent witnesses, at Hammond, Louisiana, on the date shown below, to be effective as of the date stated above, after a due reading of the whole document. LOUISIANA MILITARY DEPARTMENT -- Lester R. Schmidt, Colonel, LSG Title: State Contracting Officer IN WITNESS WHEREOF, this Intergovernmental Cooperative Endeavor Agreement has been signed by the duly authorized representative of the Hammond Northshore Regional Airport, for the purposes, uses and benefits herein expressed, in the presence of the undersigned competent witnesses, at Hammond, Louisiana on the date shown below, to be effective on the date written above, after a due reading of the whole document. WITNESSES: HAMMOND NORTHSHORE REGIONAL AIRPORT AUTHORITY Title: Airport Manager