Loading...
2004-207-RES AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT OF COX FIELD AIRPORT WITH JR AVIATION . . RESOLUTION NO. 2004-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, P ARIS~ TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT OF COX FIELD AIRPORT WITH J. R. AVIATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris desires to contract for professional management services to manage Cox Field Airport; and, , WHEREAS, J. R. Aviation has a continuing relationship with the City of Paris as the Fixed Base Operator at the airport; and, WHEREAS, as a result of its current relationship with airport operations, and its professional expertise in the operation and maintenance of airport facilities in general, the City has requested and J. R. Aviation has provided a proposal to manage Cox Field Airport; and, WHEREAS, the City Council desires to enter into a professional services contract for management of the airport with J. R. Aviation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to a Professional Services Agreement for Airport Management by and between the City of Paris and 1. R. Aviation, and said agreement is hereby approved as the same is attached hereto and for all purposes incorporated herein as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of December, 2004. ATTEST: f)~~ Shenan Dixon, Assistant City Clerk APPROVED AS TO FORM: .r AGREEMENT FOR AIRPORT MANAGEMENT STATE OF TEXAS ~ ~ ~ " KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT this Agreement is made this 13th day of December, 2004, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Curtis Fendley, duly authorized, hereinafter called CITY, and J. R. AVIATION, by and through its President, J. B. Richey, and its Vice-President, Jerry Richey, duly authorized, hereinafter called CONTRACTOR. WIT N E SSE T H: It is the desire of CITY and CONTRACTOR that CONTRACTOR serve as Airport Manager at Cox Field, the Municipal Airport of the City of Paris, Paris, Texas, to perform all necessary functions and services related to such position. IN CONSIDERATION HEREOF, it is hereby mutually agreed between CITY and CONTRACTOR as follows: 1. CONTRACTOR shall be responsible for the management and operational oversight of the Airport. Responsibilities shall include, but not be limited to, optimization of Federal resources and services; maintenance of safe conditions; maintenance of grounds, buildings, runways and taxiways, and lighting facilities; and minimizing CITY exposure to legal action. CONTRACTOR shall also maintain effective communications with tenants, airport users, CITY officials, and the general public. 2. CONTRACTOR shall be responsible to the Director of Community Development, who shall have the authority and responsibility to review the CONTRACTOR's job performance. -1- EXHIBIT A. Everyday functions under this Agreement are performed with little or no supervision; however, approval of work is gained through regular meetings, telephone conversations, written and oral reports, e-mail, and general observation by the Director of Community Development. Work is directed through general policy and specific program guidelines. Airport conditions are examined by Federal inspections. The Airport Advisory Board will conduct an annual review. 3. The CONTRACTOR shall additionally be responsible for the following specific duties: A. General Activities: (1) Monitoring and directing the daily activities of the part-time Airport staff employed by CITY responsible for assisting with mowing Airport property and supervising any contract maintenance workers. (2) Maintaining, at its own cost, a copy of all files of pertinent information associated with the Airport, including grants, airport leases, contracts, etc. (3) Attending all Airport Advisory Board meetings; providing staff assistance as provided under this Agreement; and serving as a liaison between the Airport and the general public. (4) Attending various outside local meetings on behalf of the Airport as necessary and, when CITY funding is available, attending any annual conferences. (5) Keeping the Director of Community Development updated as to Airport activities on a regular basis. (6) Preparing an annual report of Airport activities for presentation to the -2- Director of Community Development. (7) Assisting in the preparation of bids by gathering necessary data. (8) Enforcing Airport Minimum. Standards. (9) Issuing NOTAMS as required. (10) Meeting regularly with Airport tenants in an effort to maintain harmony on site. (11) Receiving all correspondence directed to the Airport and corresponding accordingly. (12) Answering questions of the public and others. (13) Ordering office supplies and equipment as required. (14) Adhering to safe working practices and promoting safety in the workplace. (15) Maintaining effective communications with federal, state, and local officials, the Airport Advisory Board, and Airport staff, tenants, neighbors. (16) Updating and having available all FAA Regulations and State and local notifications concerning use of Cox Field Airport in public areas easily accessible to users. (17) Coordinating all pertinent airfield/flight safety information with appropriate FAA officials. (18) Monitoring flight activity. (19) Preparing and presenting a monthly Airport Manager's Report at Airport Advisory Board meetings. -3- (20) Overseeing the conduct of aviation operations at the Airport in a manner that will ensure safety of all persons, aircraft, and facilities as regulated by federal, state, and local aviation regulations. B. Maintenance Activities: (1) Overseeing the maintenance of all airport buildings and facilities. (2) Maintaining all Airport facilities in strict compliance with Federal and State requirements. (3) Assisting maintenance staffwith snow removal, mowing of grass and fields, and other maintenance activities such as basic carpentry as time and workload requIres. (4) Operating the Airport and maintaining it in such a manner that the CITY will have minimum liability exposure. (5) Providing immediate notice to proper authorities of any condition which may affect the safety of persons or aircraft using the airport as they become known and taking the appropriate action to correct the problem as soon as possible (6) Maintaining the Airport Safety Program for staff and tenants. (7) . Controlling access to Airport grounds and common areas and reporting suspicious activities to the Director of Community Development and the Paris Police Department. (8) Insuring that all common areas of the Airport property and facilities are maintained in a clean and neat appearance. -4- (9) Assisting with maintenance and minor repairs to common Airport equipment, insuring that all equipment is maintairted in proper working order at all times, and delivering equipment to repair shops when necessary. C. Finance-related Activities: (1) Assisting with the preparation and administration of the Airport budget. (2) Attending all required budget meetings. (3) Attend all required public hearings regarding the Airport budget. (4) Maintaining accurate accounting records of all Airport budget transactions and submitting bills for payment to the Director of Community Development on a weekly basis. D. Grant-related Activities: (1) Keeping abreast of State and Federal Funding Programs and immediately advising the Director of Community Development of grant opportunities. (2) Assisting with grant applications by acquiring any necessary data. (3) Working, as necessary, with consultants, engineers, and state and federal planners in developing future capital improvements at the Airport. (4) Maintaining a general knowledge of all regulations, FAA directives, security directives, and information circulars. E. Legal Activities: (1) Keeping abreast of statutes and any changes in state, federal, and/or local regulations and alerting appropriate officials. -5- (2) Staying familiar with local, state and federal permitting requirements and procedures. .l (3) Administering and monitoring all airport contracts, as required. (4) Enforcing lease provisions for all Airport tenants. (5) Assuring that the CITY maintains compliance with all grants, leases, and contracts. (6) Maintaining a list of airport fixed assets, to include equipment and properties owned/acquired by the CITY. (7) Performing other similar and related duties as required. 4. That CONTRACTOR shall provide, at its sole cost, an office computer with Internet access for communication with the Director of Community Development and to stay abreast of grants and FAA requirements. 5. That, within the first 60 days of this Agreement, CONTRACTOR will work with Airport Director to establish an inventory of all publicly owned equipment and property for which the CONTRACTOR is responsible under this Agreement. 6. That CONTRACTOR shall provide an employee who is on-call at all times. The CONTRACTOR shall maintain any necessary staffing levels to comply with the requirements of this Agreement. Additionally, the CONTRACTOR shall insure that at least one (I) of its employees remains on Airport property during the hours of8:00 a.m. to 7:00 p.m. or sunset, whichever is later, on every day of the year, with the exception of Christmas. 7. That' CITY will provide, at its sole cost and expense, all materials, equipment, and parts necessary to maintain CITY-owned equipment in proper working condition. CITY will also -6- pay all costs associated with repairs made by third parties to CITY -owned equipment. 8. That CONTRACTOR is an independent contractor and shall not be considered an employee of CITY in the performance of the responsibilities under this Agreement. 9. That because CONTRACTOR has opted, as it is permitted under State Law, to not carry and maintain workers compensation insurance for its employees, CONTRACTOR covenants and agrees to indemnify and in all things hold CITY harmless from any and all claims brought by its employees for which workers compensation insurance, if said insurance had been purchased, would have applied. That is, CONTRACTOR covenants and agrees that it shall be solely responsible and liable for the defense of any and all claims brought by its employees as a result of the performance of its duties and obligations under the Agreement, and that the CITY shall not be liable for any such claims or liabilities. 10. CONTRACTOR agrees to indemnify, save, keep and hold harmless CITY from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring or arising as a result of the services provided by CONTRACTOR under this Agreement, including, but not limited to, those demands, debts, liabilities, suits, claims, and causes of action resulting from the actions or inactions of CONTRACTOR's invitees, agents, servants, employees, or visitors, and CITY shall not be liable for CONTRACTOR, his invitees, agents, servants, employees or visitors in the performance of this Agreement and CONTRACTOR agrees to hold and save CITY harmless from all claims for any such damages or injuries, and CONTRACTOR must at all times during the term of this Agreement, and any extension thereof, keep and maintain in full force and effect a policy or policies of insurance providing -7- at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages arising out of or as a result of the services under this Agreement, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, subject to approval by the City Attorney of the City of Paris, and CONTRACTOR or his insurance carrier or carriers shall deliver a copy of any such policies to the City clerk of the City of Paris, or furnish to the City clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement and any extension thereof; and providing further, that CITY shall be a coinsured under such policies and shall receive a minimum of thirty (30) days notice of termination of such policy. 11. That, in consideration of the faithful compliance with the terms and conditions of this Agreement, the CITY shall pay to CONTRACTOR the total sum of Twenty-four Thousand , and no/l00 Dollars ($24;990.00) per year, in twelve (12) equal monthly installments of $2,082.50 each. 12. That this Agreement shall be for a term of one (1) year, commencing on January 1,2005, and ending on December 31,2005. This Agreement shall renew automatically on January 1 of each year for the next four (4) years unless either party to this Agreement provides at least sixty (60) days notice to the other party as provided herein of the desire not to renew. Such renewals shall be at the same compensation provided herein. -8- 13. That CITY and CONTRACTOR have the right to unilaterally terminate this Agreement at any time upon sixty (60) days written notice to the dther party. CITY retains the right to terminate this agreement upon thirty (30) days written notice to CONTRACTOR for failure to perform the services required hereunder. 14. That this Agreement constitutes the entire agreement between the parties. No agreements, representations or warranties other than those specifically set forth in this Agreement shall be binding on any of the parties unless set forth in writing and signed by both parties. This Agreement shall have no effect or bearing on the Agreement that currently exists between CITY and CONTRACTOR for CONTRACTOR services currently provided. 15. That neither this Agreement nor any duties or obligations under it shall be assignable by CONTRACTOR without the prior written consent of CITY. 16. That all notices required under this Agreement must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: LESSOR City Manager City of Paris P. O. Box 9037 Paris, TX 75461-9037 LESSEE J. R. Aviation Either party may change the address to which notices are to be sent by giving the other party notice of the new address in the manner provided in this paragraph. 17. In case anyone or more of the provisions contained in the Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if the invalid, illegal, or -9- unenforceable provision had never been included in the Agreement. 18. That this Agreement shall be construed under, and in'hccordance with, the laws of the State of Texas, and all obligations of the parties created by this Agreement are performable in Lamar County, Texas. Venue for State court actions arising under this Agreement shall be exclusively in the courts of Lamar County, Texas; venue for federal court actions arising under this Agreement shall be exclusively in the federal courts for the Eastern District of Texas. EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, PARIS, TEXAS By: Curtis Fendley, Mayor ATTEST: Sherian Dixon, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney CONTRACTOR J. B. Richey, President J. R. Aviation Jerry Richey, Vice-President J. R. Aviation -10- STATE OF TEXAS ) ) ) .' COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared CURTIS FENDLEY, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of December, 2004. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared J. B. RICHEY, President of J. R. Aviation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 2004. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JERRY RICHEY, Vice-President of J. R. Aviation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of December, 2004. Notary Public, State of Texas -11-