HomeMy WebLinkAboutRES 22-071RESOLUTION NO. 22-071
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the necessary
documents to renew the loan agreement with the National Museum of the United States
Air Force for the jet on display at Babe D. Zaharias Park.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
March, 2022.
d'z '
- Mayor Robin Mouton -
NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE (NMUSAF)
COMMUNITY STATIC DISPLAY LOAN PROGRAM
2022 LOAN AGREEMENT, S
... Parties, The United States of America or "the Government," represented by the National Museum of
the United States Air Force (NMUSAF), and collectively referred to hereinafter as "the Lender,, hereby
establishes with the'CITY F B AUMO hereinafter called "the Borrower,"' incorporated and
operating under the laws of the State/Gauntry of TX and located at B A MONT a Loan Agreement
hereinafter called "the Agreement' for Department of the Air Force (DAF) historical properly. This
Agreement is entered pursuant to Public Law - 2 f [10 United States Code (USQ §2572]. and any
amendments thereto, and is effective for the period commencing i April 2022 and ending 31 March 2024.
This Agreement is not transferable.
2.0. Borrower Obligations/Costs. The Borrower crer has applied, in writing, for the loan of I AF historical
property, and hereby agrees to be responsible for all arrangements and, In accordance with 10 USC §2572,
is required to pay all casts, charges and expenses associated with the loan of this property, including, but
not limited to, the cost of preparation, demilitarization, hazardous material removal, disassembly, packing,
crating, handling, maintenance, repair, restoration, transportation, and all other actions incidental to the use
and/car movement of the loaned property to or from the Borrower's location.
3.. Loaned Property, The NM USAF shall loan to the Borrower the historical property identified in the
inventory report, which has been included in the loan package and is incorporated into this Agreement by
reference as if fully rewritten herein (hereinafter the " Property"). The Borrower accepts the Property on an
"ays is, where is" basis, and the Lender makes no warranties, expressed or implied, as to theProperty" s
condition, fitness for any particular purpose, or other warranty of any mod.
4.0 Loan Conditions.
.1. The Borrower agrees that the Property shall be used for static display poses only. Loaned
aerospace vehicles will not be flown or restored to flying condition under any circumstance, nor will they
be licensed with the Federal Aviation Administration (FAA). The Borrower shall not remove any parts
from loaned aircraft except as directed in paragraph 4.2. Relocation of the Property for temporary special
events (parades, ceremonies, air shows, etc.) is not authorized under any circurnstances. No decorations of
any type, for any pose (special event, seasonal display, ceremonies, etc.) are authorized to be displayed
on any of the Property. The property shall not be used In a manner that provides the appearance o
endorsement by the DAF of any non-federal entity or political candidate, or the expression of a political
viewpoint of any mid.
4.2. The Borrower agrees to allow the Lender to remove parts from loaned aerospace vehicles for the
NM-LJSAF or military requirements, upon written direction from the 1A SAP. Such parts are generally
internal in nature and removal or replacement should not alter the external aesthetic appearance of the
aerospace vehicle.
.. The Borrower shall not part with possession of the Property or any component of the Property in
any manner to any third party either directly or indirectly. The Borrower shall not enter into any
negotiations with a third party regarding any future disposition of the loaned material, In whole or in part.
evisedJanuary 2022
4.4. The Borrower agrees to all of the following: to use the Property in a careful and prudent manner;
to not modify the Property in any manner, without prior written permission of the Lender, which would
alter the original form, design, or the historical significance of said Property; to perfonn routine
maintenance to include, but not limited to, annual upkeep, periodic painting, tire inflation, repair of damage,
day-to-day care and management of the Property, so as to providean acceptable appeara n nd to not
reflect negatively on the Fender; and to display and protect the Property in accordance with the instructions
set forth in Attachments i and 2, which are incorporated into this Agreement by reference as if fully
rewritten herein.
4.. The Borrower agrees that any additions, modifications or alterations that improve the Property
become part of said Property and are awned by the NMSAF.
.. Interior access to loaned aerospace vehicles(cockpit, cargo areas, etc.) for purposes other than
maintenance or restoration work by persons other than staff or authorized maintenance personnel is
prohibited. This is to ensure not only the integrity and preservation of the aircraft, but more importantly,
the safety and security of the public.
.o. Use as Security, Sale or Lease. The Borrower agrees not to use the Property as security for any loan,
and not to sell, lease, rent, lend or exchange the Property under any circumstances,
.o. Professional Photographer. The Borrower shall not male or allow the use of the Property for any
commercial purpose, including, but not limited to, use of the Property for still photography, motion picture,
television or video production, without prior written approval from the Lender. Photography or video
created by the Borrower for general promotion of the institution's collection online or in organizational
materials is permitted. (Note -- permission is not granted for fundrals ing events or anything that could imply
endorsement by the DAF or the NMSAF.) Casual photography or video created by visitors for personal
or non -promotional use 1s pennittd.
'.. Indent Reporting. The Borrower shall, within one i working clay of discovery, notify the Tender
of any instance of loss, damage or destruction of the Property.
.. Title. The Borrower shall obtain no interest in the Property by reason of this Agreement and title shall
remain with the Lender at all tines.
9.. Receipt, Custody & Liability.
9.1. This Agreement shall be executed prior to the Borrower accepting physical custody of the
Property or on or before I April 2022.
9.. The Borrower agrees to provide a receipt to the Lender at the time it assumes physical custody
of the Property (unless the Property is already in its possession).
9.. The Borrower agrees that it is strictly liable for up to the full replacement value (FRV) of the
Property, as identified in the inventory report, and to accept such liability upon assuming physical custody
of the Property or execution of this Agreement, whichever occurs first.
9.. The Borrower agrees to waive any right to contest the FV in any legal proceeding. The FRV of
the Property is as identified in the inventory report or, if not identified in the inventory report, the FV
otherwise identified at the sole discretion of the NMJSAF.
Revised Jan ary 2022
9.. The Borrower agrees that if the Property, or any portion thereof, has been irreparably damaged,
destroyed, or stolen the NMUSAF` may direct the Borrower to either replace the Property with an historical
item of equal value to the satisfaction of the USAF or require monetary reimbursement equaling the
FV. In the event of less than total loss to the Property, or any portion thereof, the Borrower agrees to
repair/replace the damage to the Property to the satisfaction of the NMUSAF or reimburse the NMUSAF
for the full value of the damage, as determined by the NMUSAF. The election of a remedy under this
subparagraph is at the sole discretion of the NNf[ USAF. This subparagraph is not intended to waive or limit
the Government's rights and remedies, legal or equitable, and the Government reserves- all such rights and
remedies. ..
9.. The Borrower agrees to place the Property on exhibit within ninety 90 days from the date it
takes physical custody, or as otherwise mutually agreed upon.
10.0. Borrowers Responsibilities.
10.1. The Borrower agrees to indemnify, hold harmless, and defend the Lender from and against all
claims, demands, actions, liabilities, judgments, costs, and attorney's fees, arising out of, claimed on account
of, or in any manner predicated upon personal injury, death, or property damage caused by or resulting
from possession and/or use of the Property.
1.2. The Borrower agrees to report, as requested, to the Lender on the condition and location of the
Property. Further, the Borrower agrees to allow authorized Department of Defense representatives access
to the Borrower's records and facilities to assure accuracy of information provided by the Borrower and
compliance with the terms of this Agreement.
1.0.. The Borrower agrees to return said Property to the Lender on termination of this Agreement or
earlier, if it is deternllned that the Property is no longer required, at no expense to the Lender and according
to terms determined by the Lender. In the event of a partial termination, the Borrower agrees to the return
of all items of the Property subject to the partial termination, at no expense to the Lender, and according to
terns determined by the Lender.
11.. Initial Loan Agreement Requirements.
11.1. The Borrower agrees to furnish the Lender a CD/DVCD/DVD containing digital images of the Property
within fifteen 1 days of taking physical possession of the Property. The image file name must be the
accession number for that item (e.g. S woo+01 .JPG . For aircraft and ballistic missiles, images will
include views showing all external surfaces including tall number and all accessible interior areas including
instrument panels, avionics rags and equipment, aircrew, passenger, cargo and payload compartments,
wheel wells, and bomb bays. Digital images for all other artifacts will be of sufficient detail to ensure
positive identification of each object.
11.. The Borrower shall arrange insurance coverage for the Property on an all-risk, wall-to-wall
basis, at a minitnurn, for an amount that equals the total agreed upon FRV for all items in the inventory
report, plus any additional amount to cover the inventory that does not have an identified FV, so long; as
the Property remains in its possession. The Borrower further agrees to furnish the Lender proof of said
insurance. For Borrowers with private insurance coverage, proof -shall constitute a copy of the insurance
certificate from the commercial provider, noting any deductible, and showing coverage up to the F V of
the Property and any additional coverage for Property that does not have are FRV identified in the inventory
report. For self -insured organizations, proof shall constitute a written and signed statement attesting to its
ability to reimburse the Government for the F V of the Property as identified in the inventory report and/or
as determined by the NMSAF.
Revised January 2022
1.. Annual Loan Renewal Requirements.
12.1. The Borrower agrees to furnish the Leader a CI VD containing current digital images of all
Property. The image name must be the accession number for that item e.g. SIB- o 0-0123.JP . Digital
images of aircraft and missiles will provide general views to include sufficient detail to show the overall
condition and tail number of the airframe. Digital images for all other artifacts will be of sufficient detail
to ensure positive identification of each object and its current condition.
12.2. The Borrower agrees to famish the Lender proof of insurance as required in subparagraph i 1..2
for each renewal period.
12.3. The Borrower agrees to furnish a signed inventory as provided by the Lender with the annual
renewal package, which accurately reflects the Property in its possession. Discrepancies in the inventory
provided by the Lender shall be noted on the inventory report by the Borrower to the extent that such notes
accurately reflect the current inventory held by the Borrower. In the event of a dispute, the Lender shall
make the final determination of the cur -rent inventory on or near the renewal date and document the
NMSA ' records accordingly.
13.0. Display/Maintenance Requirements.
13.1. No aircraft will be renovated, reconfigured, painted, have markings changed, or tail number
altered, or any parts added., removed, or replaced as part of a planned restoration effort without prior written
approval from the NA4[JSA.. .
13.. The Borrower agrees that all aircraft, missiles and artifacts on display will have an
identification sign adjacent to each display. For aircraft and missiles note the type, model, and serial
number. If the aircraft or missile has been reconfigured, markings changed, or serial number altered after
acquisition for display poses, it will be stated on the sign and noted in all records as follows:
"The (item) on display is actually (nomenclature), Serial No. j but painted and marked
to depict (nomenclature), Serial No. , assigned to the (Unit and/or person) in (location or
theater) during (Year)."'
13.. The sign will state that the item is part of the NMSA ' collection as follows
,This artifact object is on loan from the National Museum of the United States AirForce."
13.. For aircraft on which the serial number has been altered for display poses with prior written
approval, the mission, design and series e.g. -100 r - C along with the original serial number will
e stenciled in two inch letters using contrasting paint colors on the fuselage under the horizontal stabilizers.
1.. All record keeping will reflect the true serial number.
14.0. Radioactive ioactive Components. In accordance with Attachment 1, " NMUSAF Loan and Static Display
Programs' Instructions for Preparation and Maintenance of Aerospace Vehicles"), if, upon inspection, it is
determined radioactive items have been installed or reinstalled on the Property while in possession of the
Borrower, the Borrower will pay the cost of removal of the radioactive items and any decontamination
required.
Revised January 2022
1 .o. Loan Termination.
15.1. The Borrower agrees to return the Property to the NMUSAF upon expiration of this Agreement
or earlier, the Borrower terminates the agreement prior to expiration of this Agreement or the NMSAF
terminates this Agreement for cause, at no expense to the N USAF. The return of all or any part of the
Property will be made to the N U AF at Wright -Patterson AFB, ; the Aerospace Maintenance and
Regeneration Group at Davis -Monahan AFB, AZ; or a location determined by NMUS F upon termination
of this Agreement or earlier. The Borrower shall be responsible for paying all freight, storage, crating,
handling, transportation, demilitarization, and/or other costs or charges associated with any return.
15.2. The failure of the Borrower to observe any of the conditions set forth In this,Agreement
and Attachments I and 2 thereto shall be sufficient cause for the Lender to terminate the loan and
repossess the Proj2 rt . Repossession of all or any part of the Property for such cause by the Lender shall
be made at no cost to the government; the Borrower shall be responsible for paying all maintenance, freight,
storage, crating, handling, transportation, demilitarization, and/or other costs or charges attributable to such
repossession.
15.3. In the event the loan is terminated for any reason, the provisions of this Agreement will remain
in effect until all of the Property, or in the event of a partial termination that portion of the Property at issue,
has been relocated and in a condition that is satisfactory to the NIUSAF.
15.4. Termination of the loan and subsequent repossession of all or any part of the Property at the
option of the Borrower shall require no less than thirty days advance notice to the Leader in writing.
This requirement may be waived by the Lender only through the provision of a written waiver to the
Borrower prior to the rem of the Property. If this Agreement is terminated at the option of the Borrower,
the Borrower is responsible to bear all expenses associated with moving, reclaiming, and/or demilitarizing
the Property.
1 .. The Lender reserves the right to terminate this Agreement without cause, in all or part, and to
recall the Property. The Lender will provide a written thirty day notice of intent to recall to the
Borrower. In the event of recall, movement of the recalled Property from the Borrower's site will be
accomplished at the Lender's expense.
t.. Dispute Resolution. In the event a dispute arises between the parties over the terms and conditions
of this Agreement reasonable attempts will be undertaken to resolve the matter through negotiation between
the parties or persons appointed, in writing, by the .,parties. This ,.Agreement shall be construed and
interpreted in accordance with federal law. If any provision herein is held unlawful or otherwise
unenforceable by the Court any remaining provisions shall be considered divisible and remain in full force
and effect. In the further event that negotiations fail to reach a resolution, the parties agree that the Federal
District Court for the Southern District of Ohio, at Dayton, Ohio, will be the exclusive venue for resolving
such disputes.
Revised Jan ar2022
i-111 ligg
111,1111 q II
raw,
MELISSA, SHAW
Agency- National Museum of the United Seat Force
Address: NWS,AF'/1\4UC
1, 1100 S,p,aatz St
Wright-Patterson..AFB OH45433-71.02
Telephone,- (937), 255-8839
Email. meli'ssa.,shaw@us.afmil
The Bob through its authorized representative, hereby accept's responsibility of the Property subje
to the terms and conditions contained in this Agreement set forth above. 'The Borrower certifies that the
have readunderstand and acknowledge that concealing a material fact and/or maVdng a, firaudule
statement in dealing with the federal government may constitute a violation of federal law in accorda
with 18 USC §1001. 1
. ., "Ir
Executed on behalf of the Borrower this day ofLJ4#%±I&&*WWy , 2022, at
CITY OF BEAUMONT
By. /XA4n
(§t6aturef
JiA44ftol'. AfeAL9
(Typed or Printed Name & Title)
Adir2,14 3 ol auf cp !�r.
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13C,A &A *OINK Ila), 7 *3,
Telephone. '3 co
Email: i'll M1111^4 a 44A c-^ j I-lFi4c A, I V
I
RevisedJanuary 2022 6