ORDER NO. 28710
APPROVAL OF THE SUBSTANCE FORM FOR THE
AIRPORT MANAGEMENT CONTRACT
Came to be heard this the 12~' day of July 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0, of the Airport Management Contract in substantial form, subject to bringing it
back with some of the items included was mentioned in open Court.
.~~ ~ 1/ ~`
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2
Commissioner, Pct. 3
MEETING DATE: July 12, 2004 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss, and take appropriate action on
"Airport Management Contract."
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Commissioner
Letz.
ESTIMATED LENGTH OF PRESENTATION: 15 Minutes
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: @
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
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AIRPORT MANAGEMENT CONTRACT
This agreement is made by and entered into between City of Kerrville (hereinafter "City"
or "Contractor," depending on context) the County of Kerr ("County") (jointly referred to as
"Owners") and the Joint Airport Board (hereinafter "Board"), on the day of
2004.
WHEREAS, City and County jointly own the real property upon which is located the
Kerrville/Kerr County Airport ("Airport); and,
WHEREAS, Owners have heretofore, by it actions, jointly managed said airport by
virtue of Tex. Rev. Civ. Stat. Ann. Art 46d, Municipal Airport Act ("Act"), the statutory
predecessor to Chapter 22 of the Transportation Code ("Code"); and
WHEREAS, Owners have established the Joint Airport Board to oversee operations of
the Airport by adoption of that certain Joint Action Agreement by and between the Owners
executed concurrently with this Agreement; and
WHEREAS, operation of the Airport requires the provision of certain day-to-day
management services that the Board is not equipped to provide on its own; and
WHEREAS, the Owners and the Board find that it is in the best interests of the citizens
of the City and County for these various management services to be provided to the Board by
Contractor pursuant to a written agreement, and that such agreement will result in a more
efficient and higher quality provision of such services at a lower cost than such services could be
provided for by the Board directly; and
WHEREAS, the Owners and Board are in agreement that these services should be
provided to the Board through an agreement with the Contractor;
NOW, THEREFORE, in consideration of the promises, covenants and agreements
contained herein, the parties hereto mutually agree as follows:
1. Duration of Agreement: This agreement shall be effective on the date it is fully executed
by the parties hereto, and shall terminate on September 30, 2004. Thereafter, this agreement
shall automatically be renewed for additional successive 12-month periods with an effective date
of Octoberl of each year, unless otherwise terminated as provided for herein. In no event,
however, shall this contract be renewed for more than 5 years without being renegotiated, nor
shall the scope of services be changed during any fiscal year except as part of the Owners'
regular budget process, unless mutually agreed to in writing between the parties prior to such
change being made.
2. Terms of Agreement: Contractor and Board hereby enter into an agreement whereby
Contractor will provide the following management services to the Board:
AIRPORT MANAGEMENT CONTRACT
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Draft #7 -June 29, 2004
a. Airport Manager -Contractor shall employ one full-time individual as an Airport
Manager (hereinafter "Manager"). This employee shall have the experience and
training necessary to carry out the duties of management of the Airport in a
professional workmanlike manner.
i. The Manager shall be an employee of the Contractor subject to all policies
thereof. However, his duties shall be solely directed on behalf of
management of the Airport and he shall carry out such management in
conformance with all applicable statutes, rules and ordinances, including
Board adopted policies, procedures, rules and regulations. Contractor
shall remain solely responsible for supervision and direction of the
Manager.
ii. The Airport Board shall direct any issues or concerns regarding the
Manager's performance to the Contractor's chief executive officer.
b. Administrative Support -the Contractor will provide administrative support to the
Airport Manager as the Contractor determines is necessary.
c. Airport Facilities Maintenance - The following categories and types of
maintenance shall be provided by Contractor pursuant to this agreement:
i. Weekly maintenance shall include: (1) airfield lighting checks and
completion of replacement(s) and/or repairs as needed; (2) pilot
controlled lighting inspections and completion of minor repairs; (3)
runway and taxiway inspections and emergency repair; and (4) daily
runway condition inspections to include for Foreign ObjectlDebris
(FOD) inspections.
ii. Monthly maintenance shall include: (1) provide calibration equipment
for and certified personnel to complete maintenance on approach
lighting (PAPI's & VASI's); (2) complete inspection and maintenance
of the airfield safety area including grading in and around runways,
taxiways and drainage areas; (3) inspection of runway, taxiways,
aprons, ramps, and access roads with subsequent repairs completed as
required which may include crack sealing, concrete
patching/replacement, etc. including access roads to the FAA Remote
Communication Facility, boundary access roads and the required
access road to the Edmonds property; and (4) Mowing/weed eating
around lighting and signage as well as provide certified personnel for
and complete herbicide/pesticide applications around fencing and
airfield lighting in addition to routine mowing provided by separate
contract.
iii. Routine services shall include: (1) providing 24/7 coverage for setup
and operation of runway closure lighting signs as well as taxiway
AIRPORT MANAGEMENT CONTRACT
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closures and perform daily inspections (conducted at least twice per
day) during operation of runway closure signage and emergency
airfield maintenance activities; (2) contractor will ensure services are
coordinated with the FAA through their required communication
procedures and coordination and/or reporting activities with Flight
Services. Notice to Airmen (NOTAM's) will be generated and closed
as required; (3) contractor personnel will monitor aircraft frequencies
and communicate as needed during all activities in the flight areas; (4)
contractor will provide vehicles and equipment used for airfield
activities equipped with required lighting and radios for
communications with aircraft and the Fixed Base Operator; (5)
contractor personnel will provide minor facility repairs to those
facilities owned and operated by the Owners (i.e. t-hangers, gates,
etc.); and (6) provide escort, required notices, and communications for
outside contractors performing services on airport to include oversight
of contractors performing repairs to leased facilities. '
d. Legal Services -All necessary legal services related to the Airport shall be
provided by the Contractor's attorneys, unless specifically agreed upon otherwise
by written contract or other agreement between the parties hereto.
e. Financial Services -All necessary financial services to include bookkeeping,
accounts payable and receivable, collections, budget development, debt
management, financial reporting and auditing, unless specifically agreed upon
otherwise by written contract or other agreement between the parties hereto.
f. Engineering Services -All necessary engineering services to include professional
engineers and engineering technicians required for the maintenance, marketing
and development of the Airport property and its infrastructure. This does not
include design services related to and otherwise funded for grant projects.
g. Purchasing -Provide services related to conforming with the competitive bidding
statues including notice, development of Requests for Proposals (RFP's) and
Requests for Qualifications (RFQ's), advertising, publication, bidding and
tabulation and bidder qualification for all purchases and contracts.
h. Human Resources -Providing services related to the employment processing,
evaluation and employment legal compliance auditing for grant compliance
purposes as well as management of all benefits.
i. Information Technology and Geographic Information System -Provide services
related to development, implementation and maintenance of information
technology infrastructure to include development and maintenance of data (parcel,
aerial, utilities, etc.) required to support ongoing and future airport projects as
well for use in FAA and TXDOT Aviation compliance measures.
AIRPORT MANAGEMENT CONTRACT
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j. Grant Management Services -All grant management services not otherwise
covered by the foregoing provisions shall be provided by Contractor.
k. Contractual Relationship -This agreement creates only a contractor relationship
with the Board and in no way creates an employment relationship between any
members of Contractor's staff and the Board or the Owners.
1. Property Management -The Airport Manager shall annually submit a list of
proposed improved and unimproved land lease rates, fuel flowage fees, T-hanger
lease rates, storage facility rates, and other lease rates and changes to the Board
during the budget development process for approval as a Consolidated Fee
Schedule (CFS), which shall become the approved fee schedule for that budget
year. Once the CFS has been approved by the Owners, the Airport Manager is
authorized to enter into leases and rental agreements for use of Airport Property
on behalf of the Board without prior approval of each agreement by the Board, so
long as such agreements utilize the fee structure as set out in the approved CFS
and the Aviation Master Plan for the Airport.
m. Property, Casualty, and Premises Liability Insurance -Contractor shall arrange
for the purchase and maintenance of property, casualty and premises liability
insurance coverage for the Airport property from budgeted funds, in an amount
set annually by agreement of the Owners.
3. Compensation: Contractor shall provide the foregoing services to the Board on a lump
sum basis at a rate or for a cost agreed upon between all the parties prior to such services being
rendered:
a. Initial Compensation -The initial compensation shall be established as evidenced
in Exhibit "A" to this agreement.
b. Adjustments to Compensation -Contractor shall be responsible to provide to the
Board documentation of requested adjustments to the compensation in a timely
manner for consideration during the Board's budget development process.
Adjustments may only be requested and/or approved once per fiscal year, which
shall be October 1 through September 31 of each year.
c. Management Contract Costs Are Part of Budget -Such costs shall become part of
the operational costs of the Board, which costs shall be accounted for in the
Board's budget, and which costs that are not otherwise funded by airport revenues
shall be borne equally between the Owners.
4. Insurance: The parties agree that all activities undertaken by Owners, Contractor and
Board Members pursuant to this Agreement are activities that are part of their duties as public
officials and/or employees, and that no additional liability insurance coverage is necessary
hereunder for their activities on behalf of the Board or Owners. Contractor agrees to purchase
and maintain necessary and appropriate property, casualty, and premises liability insurance
AIRPORT MANAGEMENT CONTRACT
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coverage as agreed upon by Owners during the budget process.
5. Termination: This agreement may be terminated during the contract term by either party
for any reason upon 90 days' written notice, delivered to the other party at the address listed
herein; however, termination during the contract term will not serve to diminish the terminating
party's financial obligations for the remainder of that year's contract term.
6. Notices: Any notice required or permitted to be given hereunder or under the laws of this
state shall be given in writing and may be given via the United States Postal Service, or
commercial courier service, addressed to the applicable party at the address set forth below:
Board: Joint Airport Board
Attention: Board Chairman
Kerrville, Texas 78028
City: City of Kerrville
Attention: City Manager
800 Junction Highway
Kerrville, Texas 78028
County: Kerr County, Texas
Attention: County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
7. Approval of Agreement: This interlocal agreement must be approved by the governing
bodies of each of the parties in accordance with Texas law.
This agreement may be executed in multiple counterparts, each of which constitutes an
original.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
legally executed this day of , 2004.
CITY OF KERRVII..LE
By:
Stephen P. Fine, Mayor
COUNTY OF KERR, TEXAS
By:
Pat Tinley, County Judge
AIRPORT MANAGEMENT CONTRACT
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ATTEST:
Brenda G. Craig, City Clerk
JOINT AIRPORT BOARD
By:
ATTEST:
APPROVED AS TO FORM:
Michael C. Hayes, City Attorney
AIRPORT MANAGEMENT CONTRACT
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ATTEST:
Jannett Pieper, County Clerk
APPROVED AS TO FORM:
David M. Motley, County Attorney
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THE STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me on this day of
2004 by, Joint Airport Board, for the
JOINT AIRPORT BOARD, on behalf of said BOARD.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me on this day of
, 2004 by PAT TINLEY, County Judge, for COUNTY OF KERR,
TEXAS, on behalf of said COUNTY OF KERR, TEXAS.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me on this day of
2004 by STEPHEN P. FINE, Mayor of the CITY OF KERRVILLE,
TEXAS, on behalf of said CITY OF KERRVILLE, TEXAS.
Notary Public, State of Texas
AIRPORT MANAGEMENT CONTRACT
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