07-D Airport Mgmt Contract
DRAFT
F:ALICE\RESWORK\CURRENT\FBO Airport Mgr Contract Res
December 6, 2004
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, 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
NOW, THEREFORE,
management of the airport with J. R. Aviation;
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
J. 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.
th
PASSED AND APPROVED
this 13 day of December, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
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.
W I T N E S S E 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. 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
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.
(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 staff with 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.
(9)Assisting with maintenance and minor repairs to common Airport
equipment, insuring that all equipment is maintained 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.
(2)Staying familiar with local, state and federal permitting requirements and
procedures.
(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 (1) of its employees remains on Airport property during the hours of 8:00 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 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 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/100 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.
13.That CITY and CONTRACTOR have the right to unilaterally terminate this Agreement at
any time upon sixty (60) days written notice to the other 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:
LESSORLESSEE
City ManagerJ. R. Aviation
City of Paris_________________
P. O. Box 9037_________________
Paris, TX 75461-9037
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 any one 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
unenforceable provision had never been included in the Agreement.
18.That this Agreement shall be construed under, and in accordance 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
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