ORDER NO. 31005 INTERLOCAL AGREEMENT BETWEEN KERR COUNTY AND KERRVILLE- KERR COUNTY JOINT AIRPORT BOARD FOR EMPLOYMENT BENEFITS Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by a vote of 4-0-0 to: Approve the Interlocal Agreement between Kerr County and the Kerrville-Kerr County Joint Airport Board for employment benefits and related services for Airport personnel. D 3 ] 0 0~ ~.a COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: September 22, 2008 TIlVIE PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve Interlocal Agreement between Kerr County and Kerrville-Kerr County Joint Airport Board for employment benefit and related services for Airport personnel. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSIlVG COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 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 THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. FAX COVER SHEET September 12, 2008 To: Bruce McKenzie, Manager Kerrville-Kerr County Airport FAX: 896-9440 From: Bill Williams, Kerr County Commissioner, Precinct 2 Courthouse Office: 792-2214; FAX 792-2218 No. Pages including cover: 4 Bruce: Attached is copy of Inter-local agreement wl Kerr County for employment benefit ,, services for airport personnel. Please provide copies to Roger, Steve and Fred. I will have this on Commissioners' Court Agenda for approval on Sept. 22. Best regards, Bill Williams i . #31005 INTERLOCAL AGREEMENT FOR BENEFIT SERVICES This Agreement is made on this theo?o?,~d ,day of ~P~~l~~h~ by and between Kerr County, Texas(County) and Kerrville-Kerr County Joint Airport Board ,herein after referred to as Board. WHEREAS, the City of Kerrville and Kerr County jointly own the real property upon which the Kerrville/Kerr County Airport is located; and WHEREAS, the owners have jointly established the Kerrville-Kerr County Joint Airport Board to administer the operations and management of the airport; and WHEREAS, operation of the Airport requires certain day-to-day management services that are more efficiently acquired through the Owners pursuant to written agreement, and that such Agreement will result in more efficient and higher quality services at a lower cost than such services could be provided by the Board directly; Now, therefore, in consideration of the promises, covenants and agreements contained herein, the parties agree as follows: ARTICLE I PURPOSE: The purpose of this interlocal agreement is to provide employee benefit services to persons employed by the Board. ARTICLE II TERM: The term of this contract is for a one year period commencing on above date when endorsed and may be terminated by either party in writing with thirty days notice. If the County determines that Board has breached this Agreement, the County may, at the County's sole discretion, request corrective action from Board prior to initiating termination of this agreement. If Board indicates through action or inaction an unwillingness to take corrective action, the County may terminate this agreement with ten days notice. In the event of termination, Board is liable for reimbursement of all costs through the date of termination. This contract will automatically renew at the end of initial term and on the anniversary of each year thereafter unless either party notifies in writing the other no less thirty days from date of termination. ARTICLE III SERVICES: County agrees to administer and provide to Board's employees all employment benefit services available to County, and designated by Board, including but not limited to health insurance, retirement, and supplemental insurances and services. Board agrees to provide County with all information necessary and essential to the administration of said benefits. Both parties agree that only those benefits designated in writing by Board, per employee, will be administered by County. ARTICLE IV REIMBURSEMENT: In full and complete consideration for employment benefit services provided under this contract, Board, shall reimburse County actual total costs of benefits approved by Board. County shall invoice Board monthly. Board shall pay County's invoice no more than thirty days from date of invoice. In the event of a dispute, Board shall notify County no later than 15 days after date of invoice. All payments shall be submitted to the Human Resources Department, 700 Main Street, Ste BA-105 Kerrville, Texas 78028. ARTICLE V CONFIDENTIALITY: Each party agrees to maintain the confidentiality of all personnel information pursuant to State and Federal statutes. ARTICLE VI RELATIONSHIP: It is understood and agreed that the County's administration of benefits does not create anemployee/employer relationship with the Board's employees. The parties agree that this contract is for the provision of the Board's employment benefit services described herein and hereby renounce the existence of any employment relationship. Board agrees to hold Kerr County harmless for any potential liability County incurs providing services of this contract. ARTICLE VII NON-EXCLUSION: This contract is not exclusive and County reserves the right to contract with additional parties for the provision of the aforementioned services. ARTICLE VIII GOVERNING LAW: This contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas. This contract shall be enforceable in Kerr County, Texas and venue shall lie in Kerr County, Texas. ARTICLE IX SEVERABILITY: If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. ARTICLE X NOTICES: Any notice or communication hereunder must be in writing, and maybe given by registered or certified mail; if given be registered or certified mail, same shall be deemed to have been given and received when registered or certified letter containing such notice, properly addressed,. with postage prepaid, is deposited in the United States Mail; and if given otherwise than by registered or certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. It is agreed each party shall provide a current address to the. other and shall promptly notify the other party of any change thereof. ARTICLE XI ENTIRE AGREEMENT: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supercedes any prior oral or written agreements, promises or representations between them. The headings of various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. KERR COUNTY JAIL ~- Derr panty Judge September 22, 2008 Date: KERRVILL RR COUNTY JOINT AIRPORT BOARD By: President Date: 5!~~fl;~r~r~"i7.~t ~ 3> ~~,~