ORDER NO. 31863 INTERLOCAL AGREEMENT — MANAGEMENT SERVICES AT KERRVILLE/KERR COUNTY AIRPORT Came to be heard this the 23rd day of August, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Interlocal Agreement with "Exhibit A" for provision of Management Services at Kerrville/Kerr County Airport. `.11a 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: August 23, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve an Interlocal Agreement with "Exhibit A" for provision of Management Services at the Kerrville/Kerr County Airport. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING 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: 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 will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ORDER #31863 INTERLOCAL AGREEMENT FOR PROVISION OF MANAGEMENT SERVICES AT THE KERRVILLE /KER COUNTY AIRPORT This Interlocal Agreement is made by and entered into by and between Kerr County, Texas (County) and Kerrville -Kerr County Joint Airport Board (Board), also referred to individually as "Party," or collectively as "Parties." WHEREAS, Kerr County is a duly organized political subdivision of the State of Texas; WHEREAS, County and the City of Kerrville jointly own the real property upon which is located the Kerrville / Kerr County Airport, sometimes referred to as Louis Schreiner Field (Airport); WHEREAS, the Kerrville -Kerr County Joint Airport Board (Board) was created on August 13, 2008, by an Interlocal Agreement for the Continued Existence of a Joint Airport Board to Provide Management of Kerrville /Kerr County Airport (Interlocal Agreement) between Kerr County and the City of Kerrville (City); WHEREAS, the County and City have found that it is in the best interests of the citizens of County and City for the Airport to be independently managed by a Joint Airport Board pursuant to the Chapter 22 of the Texas Transportation Code; WHEREAS, the Board has found that the County is best suited to provide management services related to management of the Airport under the authority of the Board and desires that the County provide management services in a competent and professional manner as set forth in this Agreement; WHEREAS, the Parties agree that provision of management services through this Agreement will result in more efficient and higher quality services at a lower cost than such services could be provided by the Board directly or by the City; NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the Parties agree as follows: 1. Purpose: The purpose of this Agreement is for County to provide management services to the Board for maintenance, upkeep, and operation of the Airport. 2. Duration of Agreement: This Agreement shall be effective on the date it is fully executed by the Parties and shall terminate on September 30, 2011. Thereafter, this Agreement shall automatically be renewed on an annual basis, unless terminated as provided for below. 3. Termination of Agreement Prior to Expiration: This Agreement may be terminated by either Party to become effective at the end of the current fiscal year. To effectuate the termination, the Party seeking termination must provide written Page 1 of 5 notice to the other Party at least 90 days prior to the end of the fiscal year. Either Party must have cause to terminate this Agreement. 4. Dedicated Employees: The County agrees to assign employee(s) to the Airport to be used in the daily, weekly, and regular maintenance and upkeep of the Airport facilities, specifically as follows: a. Two full -time employees dedicated to use at the Airport. b. The job description, qualifications, step /grade, and minimum requirements of the dedicated employees shall be defined by the Airport Manager taking into consideration input from the County. c. During their dedication for use at the Airport, these employees shall be supervised solely by the Airport Manager at his discretion. The Airport Manager shall set their work schedule. d. At any time that the work load does not require two full -time employees as determined by the Airport Manager, the Airport Manager shall release one or both of these employees for assignment with another Kerr County department. At this point, the Airport Manager shall contact the Commissioners' Court to facilitate assignment of these employees as agreed upon by the Airport and Kerr County. e. Daily, weekly, and monthly duties of these dedicated employees shall be defined by the Airport Manager. f. The Airport Manager shall require these employees to maintain daily time sheets memorializing hours worked and duties performed for each employee. These time sheets shall specify the time spent each day on duties performed for each employee. The Airport shall provide copies of these time sheets to the Kerr County Commissioners' Court every six months or upon request. g. Board agrees to provide all training to these dedicated employees necessary for them to accomplish their assigned duties in a safe manner in accordance will all applicable state and federal laws. h. Board stipulates that use of these dedicated employees as set forth in this Agreement is adequate and sufficient to provide for the daily, weekly, and monthly maintenance and operation requirements for the Airport, except in extraordinary circumstances or when training or equipment is beyond that available to the Board. i. It is stipulated that these dedicated employees are employees of the County and are subject to the Kerr County Policy and Procedures. However, the Board may adopt additional policies with regard to the dedicated employees' specific duties while assigned to the Airport. j. Board agrees that it will comply with the County's policies and procedures as they pertain to supervision of these dedicated employees. 5. Equipment: a. To facilitate the daily, weekly, and monthly maintenance and operation requirements for the Airport, County agrees to make a one -time purchase Page 2 of 5 of and provide to the Airport the equipment, machinery, and tools (Equipment) identified in the attached Exhibit A and incorporated herein. b. Upon delivery, the Equipment becomes the property of the Board. c. Upon delivery of the Equipment to the Airport, the maintenance, insurance, upkeep, and replacement of the Equipment shall become the financial responsibility of the Board. d. Other than as set forth in this Agreement, Airport shall supply all parts and materials necessary for the performance of employment duties by its dedicated employees. e. On or before October 1, 2010, the Airport Manager shall provide to the County an inventory and accounting of all equipment, property, and supplies belonging to the Airport as of this date. f. The Parties agree and stipulate that any equipment, property, and supplies purchased through or by the City specific to the Airport or for use at the Airport during the period of the management services agreement between the City and the Board belongs to the Board. 6. In - Kind Services: In addition to the daily, weekly, and monthly maintenance and operation services performed by the dedicated staff, County agrees to provide the following in -kind services for the operation of the Airport at no charge to the Board: a. Services to be Provided: i. Financial — The County will provide all necessary financial and accounting services required by the Board in the conduct of Airport Business. ii. Purchasing — The County will: 1. provide services as may be required conforming to Competitive Bidding Statutes of the State of Texas; 2. Assist in the development of Requests for Proposals (RFP) and Requests for Qualifications (RFQ). Advertising, publication, and related third -party expenses to be borne by the Board; 3. Provide assistance for routine purchases as may be required. iii. Engineering & Project Management — The County will provide engineering and project management services as may be required by the Board separate from those specifically provided by others as part of a funded project. iv. Information Technology (IT) & Geographical Information System — The County will provide services as may be required for development, implementation of IT infrastructure required to support ongoing and future Airport projects and for use in FAA and TXDOT Aviation compliance measures. The County will provide IT services for the posting of Board meeting agendas. The County will provide IT services for the hosting of the Airport's website. Page 3 of 5 5 i-enograp ift s pert yry her v. Court Reporting( The County will provide a court reporter / to record and transcribe the minutes of the meetings of the Board. vi. Grant Management — The County will provide grant management services not otherwise stipulated as may be required by the Board. vii. Maintenance — The County will provide maintenance services unable to be performed by the dedicated staff. viii. Insurance — The County will cover the Airport under its basic property, casualty, and premises liability insurance policies. ix. Road Repair & Heavy Equipment - The County will provide staff, equipment, and materials necessary to repair the runways, taxiways, roads, and parking areas at the Airport. The County will also provide heavy equipment when necessary and staff to operate, if the dedicated staff lack the training necessary to operate. x. Fleet Maintenance — The County will provide fleet maintenance services to the Airport's vehicles including regularly scheduled maintenance and repairs (cost of materials to be paid by the Board). xi. Human Resources — The County will provide human resources services necessary to manage the benefits for the dedicated staff, assist with implementation and compliance with Kerr County Policies and Procedures, and assist with hiring and termination of dedicated staff. b. For purposes of communication necessary to effectuate this Agreement, the County deems the Airport Manager the equivalent of a county depai trient head. As such, the County authorizes the Airport Manager to contact a county department head directly as necessary to request and facilitate the provision of the in -kind services. 7. Credit for In - Kind Contribution: Provision of in -kind services by the County to the Airport as provided for by this Agreement shall credit against the County's funding obligation found in page 6, ¶5 of the Interlocal Agreement. County shall provide the Board with a statement of the value of the in -kind services provided under this Agreement. 8. Notices: Any notice required or permitted to be given pursuant to this Agreement or under the laws of this state shall be given in writing and may be given via the United States Postal Service, certified mail, or commercial courier service, addressed to the applicable Party at the address set forth below: County: Kerr County, Texas Attention: County Judge Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Airport: Joint Airport Board Page 4 of 5 Attention: Airport Manager Kerrville/Kerr County Airport 1875 Airport Loop Road Kerrville, Texas 78028 9. Governing Law and Venue: This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any cause of action shall be in Kerr County, Texas. 10. Mediation: Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction, including disputes or claims involving the parties to this agreement, their officers, agents, or employees, shall be submitted to neutral, non- binding mediation prior to the commencement of litigation or any other proceeding before a trier of fact. All parties to the mediation shall share equally in its cost. 11. Severabilitv: If any provision of this Agreement is invalid or unenforceable, this Agreement shall be considered severable as to such provision, and the remainder of this Agreement shall remain valid and binding as though such invalid or unenforceable provision was not included. 12. Use of Language: Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires. 13. Entire Agreement: This Agreement embodies the entire agreement between the Parties, and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings related to the subject matter. This Agreement shall not be amended, discharged, or extended, except by written instrument executed by the Parties. The Parties agree that no representations or warranties shall be binding upon either Party unless expressed in writing in the Agreement. 14. Multiple Counterparts: This Agreement may be executed in multiple counterparts, each of which constitutes an original. EXECUTED on this "1 day of LL-k- , 2010. KERR COUNTY, TEXAS KERRVILLE / KERR COUNTY JOINT a IRPORT : OARD By: By: • Pat Tinley, County Judge Page 5 of 5 Airport Purchase List Equipment Date of Purchase Qty Description Make /Model Vendor Cost Each TTI Cost 1 Trailer 10' x 18' x 7' Landscape Top Hat Back 40 3,550.00 3,550.00 H.D. Ramp Supply, Inc. 1 Tractor /Mower 31 HP Kawasaki Hustler 928911 Ranchers 11,059.00 11,059.00 Engine 72 inch cut w /warranty SZ31 KAW72XR7SSA ATV & Tractor 1 Zero Turn Mower 21 HP Kawasaki Hustler FST21KAW Ranchers 5,439.15 5,439.15 Engine 54" Cut Deck 54A ATV & Tractor 2 Hand Held Blower Husquavarna 125 -B Ranchers 149.95 299.90 ATV & Tractor 1 Chain Saw Husquavarna 455 Ranchers 414.95 414.95 ATV & Tractor 1 High Wheel Push Mower Husquavarna XT721 F Ranchers 329.95 329.95 ATV & Tractor 1 Pole Saw Husquavarna 327P5X Ranchers 549.95 549.95 ATV & Tractor 2 String Trimmer Husquavarna 430LS Ranchers 399.95 799.90 ATV & Tractor 2 HWT High Wheel String Trimmer Husquavarna HV5625 Ranchers 299.95 599.90 ATV & Tractor 1 Back Pack Blower Husquavarna 350 -BT Ranchers 299.95 299.95 ATV & Tractor 1 4 -Door White Pickup Ford F150 Ken Stoepel 21,982.00 21,982.00 w/ Toolbox Ford 1 ATV HUV4414G 8,000.00 8,000.00 Subtotal Equipment 53,324.65 Airport Purchase List Hand Tools Date of Purchase Qty Description Make /Model Vendor Cost Each TTI Cost Screw Drivers Nut Drivers 9 inch Kleins Cresent Wrench Needle Nose Pliers Vice Grips Tape Measure Cordless Drill Hammer Tool Bag Socket Set Allen Wrench Set Open End Wrenches Flash Light Voltage Meter Hand Held Grinder Dykes 2 5 Gal. Trash Can 2 2 Gal. Gas Cans Impact Wrench & Sockets Air Compressor & Accessories Bench Grinder Vice Floor Jack Pliers Balpeen Hammer Tie Wire Duct Tape Rags Air Tools Impact Wrenches, etc. Gloves Ear Protection Safety Glasses Files C- Clamps Pipe Wrenches Fire Ant Poison Tool Box • Shop Vac 2 50 ft water hoses Subtotal Tools, Etc. 3,000.00 Tech Equip Date of Purchase Qty Description Make /Model Vendor Cost Each TTI Cost 2 Alvarion 4.... 999.00 1,998.00 1 Shipping 260.00 260.00 1 Ups for new...APC SC 45 SC450RM.. 153.00 153.00 1 Switch HP /3 Com... HP JE006A... 425.20 425.20 3 Grandstream Handsets 129.00 387.00 1 Fax/Scan FI -6130 im... 929.00 929.00 12 Cell Phone Five Star 81.00 972.00 1 Radio* ICOM A24 259.00 259.00 *(GIS) 1 Battery* ICOM A24 22.00 22.00 1 Radio* ICOM A110 895.00 895.00 1 Vehicle install* 390.00 390.00 Subtotal IT & Comms 6,690.20 Summary Mtce. Equipment 53,324.65 Approx. Cost of Hand Tools 3,000.00 Tech Equipment 6,690.20 Total Airport Equipment 63,014.85