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Home My WebLink About118-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 118-26 File Number: 2026-1542 A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO AUTHORIZE CONTINUED INSTALLATION, OPERATION, AND MAINTENANCE OF FAA OWNED NAVIGATIONAL, COMMUNICATION, AND LIGHTING FACILITIES ON AIRPORT PROPERTY WHEREAS, Drake Field hosts eight individual sites where FAA-owned navigational aids, communication systems, and airfield lighting infrastructure are installed to support the National Airspace System and airport operations; and WHEREAS, these facilities are provided and maintained by the FAA at no cost to the City and are essential to the safe and efficient operation of Drake Field; and WHEREAS, in 2006, the City entered into a master agreement with the FAA that consolidated prior individual agreements governing these installations and is scheduled to expire in 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign the Memorandum of Agreement with the FAA to authorize continued installation, operation, and maintenance of FAA owned navigational, communication, and lighting facilities on airport property. PASSED and APPROVED on May 19, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1542 MEETING OF MAY 19, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Jared Rabren, Airport Director SUBJECT: Drake Field - FAA Memorandum of Agreement RECOMMENDATION: The Aviation Division requests approval of a Memorandum of Agreement between the City of Fayetteville and the Federal Aviation Administration (FAA) to authorize continued installation, operation, and maintenance of FAA-owned navigational, communication, and lighting facilities on airport property. BACKGROUND: Drake Field hosts eight individual sites where FAA-owned navigational aids, communication systems, and airfield lighting infrastructure are installed to support the National Airspace System and airport operations. These facilities are provided and maintained by the FAA at no cost to the City and are essential to the safe and efficient operation of Drake Field. In 2006, the City entered into a master agreement with the FAA that consolidated prior individual agreements governing these installations. That agreement is scheduled to expire in 2026 and is being replaced with a successor Memorandum of Agreement to continue the established framework for FAA facility placement and operation on airport property. DISCUSSION: The proposed Memorandum of Agreement renews the existing arrangement under which the FAA is authorized to construct, operate, and maintain navigational, communication, and weather-related facilities on designated airport property as identified in Exhibit 1, List of Facilities. The agreement maintains long-standing provisions that allow the FAA to access and utilize necessary areas of the airport for installation and maintenance activities, including associated utility corridors and rights-of-way. Consistent with prior agreements, the FAA is responsible for the installation and maintenance of its facilities, which are provided at no cost to the City. The agreement also continues established provisions regarding operational coordination, access, and protection of FAA systems to ensure they remain free from obstruction or interference. Approval of this agreement ensures continuity of FAA support for critical air navigation and safety systems, preserves the existing cooperative framework between the City and the FAA, and formally replaces the expiring 2006 master agreement with an updated version consistent with current federal contracting standards. BUDGET/STAFF IMPACT: None. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. 697DCM-26-L-00068_Cover Letter, 5. 697DCM-26-L-00068_MOA Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1542 A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO AUTHORIZE CONTINUED INSTALLATION, OPERATION, AND MAINTENANCE OF FAA OWNED NAVIGATIONAL, COMMUNICATION, AND LIGHTING FACILITIES ON AIRPORT PROPERTY WHEREAS, Drake Field hosts eight individual sites where FAA-owned navigational aids, communication systems, and airfield lighting infrastructure are installed to support the National Airspace System and airport operations; and WHEREAS, these facilities are provided and maintained by the FAA at no cost to the City and are essential to the safe and efficient operation of Drake Field; and WHEREAS, in 2006, the City entered into a master agreement with the FAA that consolidated prior individual agreements governing these installations and is scheduled to expire in 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign the Memorandum of Agreement with the FAA to authorize continued installation, operation, and maintenance of FAA owned navigational, communication, and lighting facilities on airport property. Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 City of Fayetteville Staff Review Form 2026-1542 Item ID 5/19/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Jared Rabren 4/23/2026 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: The Aviation Division requests approval of a Memorandum of Agreement between the City of Fayetteville and the Federal Aviation Administration (FAA) to authorize continued installation, operation, and maintenance of FAA- owned navigational, communication, and lighting facilities on airport property. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 NAS Facility Acquisition Branch, AAQ-920 10101 Hillwood Parkway Fort Worth, Texas 76177 January 12, 2026 SENT VIA EMAIL Jared Rabren, Aviation Director 4500 S. School Suite F Fayetteville, AR 72701 jrabren@fayetteville-AR.gov Dear Mr. Rabren: Subject: Expiring MOA No. DTFASW-07-L-00013 Succeeding MOA No. 697DCM-26-L-00068 Navigational Aid Facilities (FYV) Drake Field Airport Fayetteville, AR The Federal Aviation Administration’s (FAA) Memorandum of Agreement (MOA) No. DTFASW-07-L-00013 at Drake Field Airport, in Fayetteville, AR expires by its terms on September 30, 2026. There is a continuing need for the land rights for FAA to operate and maintain 8 facilities in support of your airport operations. Attached is succeeding MOA No. 697DCM-26-L-00068. Please have an authorized official to use electronic signature and return the MOA as a PDF document to Joan.Harris@faa.gov. When received, a fully executed MOA will be returned to you for your records. We want to express our appreciation for your cooperation. If you have any questions, please contact me at 817 222-4360 or via email at Joan.Harris@faa.gov. Sincerely, Joan C. Harris Joan C. Harris Real Estate Contracting Officer Attachment Docusign Envelope ID: A450D45F-4BFE-86EF-8376-A02075E04C33 IJocusign Envelope ID:A450D45F -4BFE -B6EF-8:376-A02075E04C33 ON-AIRPORT MEMORANDUM OF AGREEMENT (MOA) Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION And CITY OF FAYETTEVILLE,ARKANSAS FAA CONTRACT NO:697DCM-26-L-00068 ATID/FACILITY TYPE:FYV/MOA LOCATION:FAYETTEVILLE,AR 1.Preamble (09/202 1)6.1.1 This Memorandum of Agreement for real property is hereby entered into by and between City of Fayetteville,Arkansas,hereinafter referred to as the Airport and the United States of America,acting by and through the Federal Aviation Administration,hereinafter referred to as the FAA. 2.Definitions (09/2021)6.1.1-1 For purposes of this document,the following definitions apply; Contract-refers to this legal instrument used to acquire an interest in real property for the direct benefit or use by the FAA.As used herein,contract denotes the document (for example-lease, easement,memorandum of agreement,or other legally binding agreement)used to implement an agreement between a customer (buyer)and a seller (supplier). Contractor-refers to the party(ies)receiving a direct procurement contract from the FAA and who is(are)responsible for performance of contract requirements.For purposes of this document,the contractor may also be called the Lessor,Permittor,Licensor,Grantor,Airport,or Offeror depending on the type of contract or the provision within the contract. Government-refers to the United States of America acting by and through the Federal Aviation Administration (FAA).For purposes of this document,Government and FAA are interchangeable. Real Estate Contracting Officer (RECO)-is a trained and warranted official who contracts for real property on behalf of the FAA.For purposes of this agreement,RECO is interchangeable with Contracting Officer (CO). 3.Succeeding Contract (09/2021)6.1.2 This contract succeeds Contract #DTFASW-07-L-00013 and all other previous agreements between the parties for the property described in this document. 4.Witnesseth (MOA)(09/2021)6.1.3-1 Whereas,the parties listed above have entered into an Airport Improvement Grant Agreement;and Whereas,the parties listed above have entered into an agreement providing for the construction, operation,and maintenance of FAA owned navigation,communication and weather aids for the support of Air Traffic Operations;and Whereas,both parties agree the establishment,operation,and maintenance of systems for air traffic control,navigation,communication,and weather reporting is in the primary interest of safety and Docusign Envelope ID:A450D45F-4BFE -B6EF-5376 -A02075E04C33 FAA CONTRACT NO:697DCM-26-L-00068 ATID/FACILITY TYPE:FYV/MOA LOCATION:Fayetteville,AR direct support of the ongoing operation of the Drake Field Airport;and Whereas,the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids. Now,therefore,the parties mutually agree as follows: 5.Purpose (09/2021)6.1.5 It is understood and agreed that the use of the herein described premises shall be related to FAA's activities in support of the National Airspace System (NAS). 6.Legal Authority (09/2021)6.2.1 This contract is entered into under the authority of 49 U.S.C. 106(l)(6)and (n),which authorizes the Administrator of the FAA to enter into contracts,acquisitions of interests in real property,agreements,and other transactions on such terms and conditions as the Administrator determines necessary. 7.Term (No Cost)(07/2022)6.2.3-1 To have and to hold,for the term commencing on October 1, 2026 and continuing through September 30,2046. 8.Consideration (No Cost)(09/2021)6.2.4-4 The Government shall pay the contractor no monetary consideration.It is mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment,operation and maintenance of facilities upon the premises. 9.Termination (01/2023)6.2.5 The Government may terminate this contract at any time,in whole or in part,if the Real Estate Contracting Officer (RECO)determines that a termination is in the best interest of the Government.The RECO shall terminate this contract by delivering a written notice specifying the effective date of the termination.The termination notice shall be delivered at least 30 days before the effective termination date.No costs shall accrue as of the effective date of termination. 10.Binding Effect (09/2021)6.2.6 The provisions of this contract and the conditions herein shall be binding upon,and for the benefit of,the parties and their successors and assigns.In the event of any sale or transfer of ownership of the property or any portion thereof,the Government will be deemed to have attorned to any purchaser,successor,assign,or transferee.The succeeding owner will be deemed to have assumed all rights and obligations of the contractor under this contract establishing direct privity of estate and contract between the Government and said succeeding owner,with the same force,effect,and relative priority in time and right as if the contract had initially been entered into between such succeeding owner and the Government. 11.FAA Facilities for MOA (09/2021)6.2.7 The Airport will allow the FAA to construct,operate,and maintain FAA owned navigation,communication and weather aid facilities in areas on the Airport that have been mutually determined and agreed upon.The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP)and/or other pertinent drawings that are made part of this Agreement by reference and shown on the attached FAA "List of Facilities." A.Together with a right-of-way for ingress to and egress from the premises;a right-of-way for establishing and maintaining pole lines or underground lines for extending electrical power and/or Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2120-0595 Docusign Envelope ID:A450D45F -4BFE -86EF-5376 -A02075E04C33 FAA CONTRACT NO:697DCM-26-L-00068 ATID/FACILITY TYPE:FYV/MOA LOCATION:Fayetteville,AR telecommunications lines to the premises;including a right-of-way for subsurface power, conimunication and/or water lines to the premises;all rights -of-way to be over the area referred to as Drake Field Airport to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations.The Airport shall have the right to review and comment on plans covering access and utility rights -of-way under this paragraph. B.This contract includes the right to grading,conditioning,and installing drainage facilities,seeding the soil of the premises,and removing all obstructions from the premises that may constitute a hindrance to the establishment and maintenance of navigational aid systems.The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. C.The Government shall have the rights to make alterations,attach fixtures,and erect additions, structures or signs,in direct support of the Airport.The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. D.The Government shall also have the right to park,without cost,all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities.Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 12.RE Clauses Incorporated by Reference (09/2021)6.3.0 This solicitation or contract,as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text.Upon request,the RECO will make the full text available,or the full text may be obtained via internet at https://fast.faa.gov/RPF_Real Property Clauses.cfm. A.Officials Not To Benefit (09/2021)6.3.0-2 B.Contracting Officer's Representative (09/2021)6.3.0-4 C.Contingent Fees (09/2021)6.3.0-5 13.Title to Improvements (09/2021)6.3.5 Title to the improvements constructed for use by the Government during the life of this Agreement shall be in the name of the Government. 14.Funding Responsibility for FAA Facilities (09/2021)6.3.6 The Contractor agrees that all Contractor requested relocation(s),replacement(s),or modification(s)of any existing or future FAA navigational aid or communication system(s)necessitated by Contractor improvements or changes will be at the expense of the Contractor.In the event that the Contractor requested changes or improvements interferes with the technical and/or operational characteristics of the FAA's facility, the Contractor will immediately correct the interference issues at the Contractor's expense.Any FAA requested relocation,replacement,or modifications shall be at the FAA's expense.In the event such relocations,replacements,or modifications are necessary due to causes not attributable to either the Contractor or the FAA,funding responsibility shall be determined by mutual agreement between the parties,and memorialized in a Supplemental Agreement. 15.Changes,Modifications (01/2022)6.3.8-1 The RECO may at any time,by written order via Supplemental Agreement,make changes to this contract.The modification shall cite the subject Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2120-0595 Docusign Envelope ID:A450D45F-4BFE-S6EF-8376-AO2O75EO4C33 FAA CONTRACT NO:697DCM -26-L-00068 ATID/FACILITY TYPE:FYV/MOA LOCATION:Fayetteville,AR contract,and shall state the exact nature of the modification.No oral statement by any person shall be interpreted as modifring or otherwise affecting the terms of this contract. 16.No Waiver (09/2021)6.3.17 No failure by the Government to insist upon strict performance of any provision of this Contract or failure to exercise any right,or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future. 17.Non-Restoration (09/2021)6.3.18 It is hereby agreed between the parties that,upon termination of its occupancy,including any holdover period,the Government shall have no obligation to restore and/or rehabilitate,either wholly or partially,the property that is the subject of this contract.It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure.Such abandoned equipment shall become the property of the contractor. 18.Quiet Enjoyment (09/2021)6.3.25 The Contractor warrants that they have good and valid title to the premises,and rights of ingress and egress,and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 19.Damage by Fire or Other Casualty or Environmental Hazards (09/2021)6.3.26-1 If the premises is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the premises is untenantable as determined by the Government,the Government may agree to allow restoration/reconstruction,or may elect to terminate the contract,in whole or in part,immediately by giving written notice to the contractor. 20.Interference with FAA Operations (09/2021)6.3.28-2 The Airport agrees not to erect or allow to be erected any structure or obstruction of any kind or to allow any natural growth that the Government determines would interfere with the proper operations of Government facilities. The Airport agrees to keep areas around the Government's navigational aids mowed at all times to a height so that weeds and vegetation will not be an obstruction to such operation or maintenance of these facilities. 21.Hold Harmless (01/2024)6.3.30 In accordance with and subject to the conditions,limitations and exceptions set forth in the Federal Tort Claims Act,28 U.S.C.Ch.171,the Government will be liable to persons damaged by any personal injury,death or injury to or loss of property,which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred.The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 22.Compliance with Applicable Laws (01/2023)6.3.31-1 This Contract shall be governed by federal law.The Contractor shall comply with all applicable federal,state,and local laws.The Government will comply with all federal,state,and local laws applicable to and enforceable against it,provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. 4 Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2120-0595 Docusign Envelope ID:A450D45F -4BFE -56EF-8376 -A02075E04C33 FAA CONTRACT NO:697DCM -26-L-00068 ATID/FACILITY TYPE:FYVIMOA LOCATION:Fayetteville,AR 23.Notification of Change in Ownership or Control of Land (10/2022)6.3.34 If the Contractor sells, dies or becomes incapacitated,or otherwise conveys to another party or parties any interest in the aforesaid land,rights of way thereto,and any areas affecting the premises,the Government shall be notified in writing,of any such transfer or conveyance within 30 calendar days after completion of the change in property rights.Concurrent with the written notification,the Contractor or Contractor's heirs,representatives,assignees,or trustees shall provide the Government copies of the associated legal document(s)(acceptable to local authorities)for transferring and/or conveying the property rights. 24.Integrated Agreement (09/2021)6.3.36 This Contract,upon execution,contains the entire agreement of the parties,and no prior written or oral agreement,express or implied shall be admissible to contradict the provisions of this Contract. 25.Unauthorized Negotiating (09/2021)6.3.37 In no event shall the Contractor enter into negotiations concerning the premises with anyone other than the RECO or his/her designee. 26.Disputes (01/2022)6.3.39-1 Where possible,disputes will be resolved by informal discussion between the parties.In the event the parties are unable to resolve any disagreement through good faith negotiations,the dispute will be resolved upon joint agreement of management representatives from both parties.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. 27.Hazardous Substance Contamination (09/2021)6.8.1 The FAA agrees to remediate,at its sole cost,all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation,operation,relocation and/or maintenance of the FAA's facilities covered by this contract.The Contractor agrees to remediate at its sole cost,all other hazardous substance contamination found on the FAA facility premises.The Contractor also agrees to hold the FAA harmless for all costs,liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation,operation and/or maintenance of the facilities. 28.Notices (09/2021)6.10.1 All notices/correspondence must be in writing,reference the Contract number,and be addressed as follows: TO THE CONTRACTOR: City of Fayetteville,Arkansas 113 Mountain St Fayetteville,AR 72701 TO THE GOVERNMENT: Federal Aviation Administration Real Estate Branch,AAQ -920 10101 Hillwood Parkway Fort Worth,TX 76177 Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2 120-0595 5 Oocusign Envelope ID:A450D45F-4BFE-86EF-8376-A02075E04C33 FAA CONTRACT NO:697DCM -26-L-00068 ATID/FACILITY TYPE:FYVIMOA LOCATION:Fayetteville,AR 29.Signature Block (09/2021)6.10.3 This Contract shall become binding when it is fully executed by both parties.In witness whereof,the parties hereto have subscribed their names as of the date shown below. CITY OF FAYETTEVILLE,ARKANSAS UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION Signed by:FEDERAL AVIATION ADMINISTRATION By:LACO3B3O42F By:___________________ Print Name:__ Molly Rawn Joan .Harris Title:Mayor Real Estate Contracting Officer Date:05/19/2026 Date:________________________ ATTACHMENTS/EXHIBITS: Number Title Date #of Pages 1 LIST OF FACILITIES 10/1/2026 1 Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2 120-0595 Docusign Envelope ID:A450D45F-4FE-86EF-8376-A02075E04C33 FAA CONTRACT NO:697DCM-26-L-00068 ATID/FACILITY TYPE:FYVIMOA LOCATION:Fayetteville,AR DATED:October 1,2026 LIST OF FACILITIES MEMORANDUM OF AGREEMENT 697DCM-26-L-00068 DRAKE FIELD AIRPORT Number Facility RJW (ATID)Comments Number Antenna Site,equipment shelter site, 1 LOC/DME 16 (FYV)restricted critical area,access road 2 ODALS 16 (FYV)Facility site 3 PAPI 16 (FYV)Facility site Antenna Site,equipment shelter site, 4 LOC 34 (LFH)restricted critical area,access road Facility equipment shelter site, 5 GS 34 (LFH)restricted critical area 6 ODALS 34 (LFH)Facility site 7 PAPI 34 (LFH)Facility site Sensor group site and ACU space in 8 ASOS (FYV)ATCT Federal Aviation Administration On Airport MOA Template,04/2024 0MB CONTROL NO.2 120-0595