HomeMy WebLinkAboutContract 26902 CITY SECRETARY
CONTRACT NO.
INTERLOCAL COOPERATION AGREEMENT
REGARDING OPERATION OF
SPINKS AIRPORT AIR TRAFFIC CONTROL TOWER
This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH("Fort Worth")acting by and through
Mike Groomer, its duly authorized Assistant City Manager, and the CITY OF BURLESON
("Burleson"), acting by and through Byron Black, its duly authorized Mayor.
WHEREAS,Fort Worth has purchased an air traffic control tower("Tower")to serve Fort
Worth Spinks Airport (the "Airport"); and
WHEREAS,the Airport's location is convenient to Burleson and,consequently,the Airport
is utilized by and of benefit to the citizens of Burleson; and
WHEREAS,both Fort Worth and Burleson recognize that the Tower will provide a valuable
added safety benefit to all users of the Airport and will help attract businesses to the Airport that will
be of value to both communities;
NOW THEREFORE, the parties agree as follows:
1. PURPOSE AND SCOPE.
The purpose of this Agreement is to promote the efficient and safe operation of the Tower for
the benefit of both Fort Worth and Burleson. In that effort, subject to and in accordance with this
Agreement,Fort Worth and Burleson shall share in the cost of providing a qualified staff to operate
the Tower ("Tower Personnel"). This Agreement is authorized pursuant to the Interlocal
Cooperation Act, §§ 791.001 et. seq. of the Texas Government Code.
2. TERM.
This Agreement shall commence on the date of its execution("Effective Date")and expire
on September 30, 2001 unless terminated earlier in accordance with this Agreement. Subject to
Section 6, this Agreement shall automatically renew for successive terms of one (1) year each,
commencing on October 1 st of a given year and expiring on September 30th of the following year.
3. TOWER PERSONNEL.
Fort Worth will provide all necessary Tower Personnel necessary to operate the Tower from
8:00 A.M. to 6:00 P.M. seven(7) days per week, 365 days per year. The Tower Personnel will be
employees of Fort Worth. Fort Worth shall have the exclusive right to determine the number and
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duties of the Tower Staff and may change the hours of Tower operation or increase or decrease the
number of hours of Tower operation at any time. In addition, Fort Worth shall have the exclusive
right to supervise the Tower Staff and to make all personnel decisions regarding the Tower Staff. As
of the Effective Date, it is anticipated that the Tower Personnel will consist of one (1) air traffic
control manager and three (3) air traffic controllers.
4. COMPENSATION.
Burleson agrees to reimburse Fort Worth fifty percent (50%) of all the Tower Personnel's
salaries or hourly wages("Personnel Compensation"),as further defined in Exhibit"A",attached
hereto and hereby made a part of this Agreement for all purposes, up to an amount not to exceed
$68,475.00 per year. Fort Worth will invoice Burleson for its share of Personnel Compensation on a
monthly basis or other time period acceptable to both parties, and Burleson shall pay any such
invoice within thirty(30) days of receipt.
If Fort Worth adds Tower Personnel positions or increases existing Personnel Compensation
to the extent that Burleson's obligations under this Agreement would exceed $68,475.00 in any
given year, Fort Worth will notify Burleson in writing and Burleson shall use its best efforts to
appropriate additional funding for this purpose. If Burleson appropriates such additional funding,
the parties shall amend this Agreement to reflect Burleson's additional obligations. Burleson shall
not be liable to Fort Worth for reimbursement of any Personnel Compensation that has not been duly
appropriated by Burleson for the purpose of reimbursing Personnel Compensation to Fort Worth.
Fort Worth shall be solely responsible for payment of any Social Security taxes, Medicare taxes,
insurance coverage,retirement contributions or other forms of compensation,taxes or expenses,and
such expenditures shall not be deemed to be Personnel Compensation under this Agreement.
Both Fort Worth and Burleson shall make all payments for the performance of governmental
functions or services arising under this Agreement from current revenues available to the respective
parties.
5. LIABILITY AND INDEMNFICATION.
"Because the Tower Personnel will be Fort Worth employees,Fort Worth shall be liable for all
damages,including,but not limited to,damages for any personal injury,including death,or property
damage,that are caused by acts or omissions of the Tower Personnel and/or Fort Worth. Fort Worth
shall indemnify, hold harmless and defend Burleson, its officers, agents, servants and employees,
from and against any claims,lawsuits or other actions arising on the basis of any acts or omissions of
the Tower Personnel and/or Fort Worth.
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6. TERMINATION.
6.1. At Will.
Because Fort Worth has sole ownership of the Tower and sole control over the Tower
and the Tower Personnel,Fort Worth shall have the right to terminate this Agreement for any
reason by providing Burleson with written notice at least thirty (30) calendar days prior to
the effective date of termination. In this event,Fort Worth shall reimburse Burleson its pro
rata share of any Personnel Compensation paid in advance but not used to compensate the
Tower Personnel. In addition, either party may terminate this Agreement for any reason by
providing at least thirty (30) days' advance written notice to the other, with the
understanding that the effective date of such termination shall be the immediately following
September 30th.
6.2. FAA Assistance.
If at any time the Federal Aviation Administration ("FAA") agrees to pay all
Personnel Compensation, Fort Worth will notify Burleson in writing and this Agreement
shall terminate on the date that the FAA assumes such responsibility.
6.3. Fiscal Funding Out.
Burleson will use its best efforts to appropriate sufficient funds to support its
obligations under this Agreement. However, in the event that sufficient funds are not
appropriated by Burleson's City Council and Burleson, as a result, is unable to fulfill its
obligations under this Agreement,Burleson(i) shall promptly notify Fort Worth in writing
and(ii)may terminate this Agreement,effective as of the last day for which sufficient funds
have been appropriated.
7. MISCELLANEOUS.
7.1. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert
any such right on any future occasion.
7.2. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid,illegal or unenforceable,the validity,legality and enforceability of
the remaining provisions shall not in any way be affected or impaired.
7.3. Force Majeure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder,but shall not be held liable for any delay in or omission of
performance due to force maj eure or other causes beyond their reas ,
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but not limited to,compliance with any state or federal law or regulation,acts of God,acts of
omission,fires,strikes,lockouts,national disasters,wars,riots,material or labor restrictions,
transportation problems or existing contractual obligations directly related to the subject
matter of this Agreement.
7.4. Venue and Jurisdiction. This Agreement shall be construed in accordance with the
laws of the State of Texas. Venue for any action brought on the basis of this Agreement
shall lie exclusively in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas—Fort Worth Division. In any such action,
each party shall pay its own attorneys' fees, court costs and other expenses incurred as a
result of the action.
7.5. Entirety of Agreement. This written instrument, including all Exhibits attached
hereto,contains the entire understanding and agreement between Fort Worth and Burleson as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with this Agreement. This Agreement
may not be amended unless set forth in writing and signed by both parties.
EXECUTED in multiples this',., day of 2001.
CITY OF FORT WORTH: CITY OF BURLESON:
By: V �t '.' ZBy: 4;1�4&4e4
Mike Groomer Blyro Black
Assistant City Manager Mayor
ATTEST- ATTEST:
r '
By: By: tX
Gloria Pearso Mary Kays r
City Secreta City Secretary
c.- �-�
Contract Authorization
447- 61/
Date
4
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky D'Ann Nichols Drennan
Assistant City Attorney, City of Fort Worth Assistant City Attorney, City of Burleson
M & C: C-18543 4-17-01
HMO
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Air Traffic Controller Cost Share
Number of Hourly Fiscal Mo City's cost 100% FICA @ 100% Medicare Cost Plus Burleson
Personnel Wages Start Less Benefits Benefits Share(50%)
Air Traffic Controllers 3 $ 17.85 1 $ 83,538.00 $ 5,179.36 $ 1,211.30 $ 89,928.66 $ 44,964.33
Air Traffic Manager 1 $ 21.00 1 $ 43,680.00 $ 2,708.16 $ 633.36 $ 47,021.52 $ 23,510.76
Total Personnel 4 $ 127,218.00 $ 7,887.52 $ 1,844.66 $136,950.18 $ 68,475.09
Exhibit"A"
City of Fort Worth, Texas
qV611jor and Council 4:0mmunication
DATE REFERENCE NUMBER LOG NAME PAGE
4/10/01 C-18543 55TOWER 1 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE CITY OF BURLESON FOR THE SHARING OF
PERSONNEL COSTS FOR THE SPINKS AIRPORT AIR TRAFFIC CONTROL TOWER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with the City of Burleson for the sharing of personnel costs for the Spinks Airport Air Traffic Control
Tower.
DISCUSSION:
On November 7, 2000 (M&C P-9222), the City Council approved the purchase of a control tower for
Spinks Airport.
On February 22, 2001, the City of Burleson unanimously agreed to participate in a 50/50 split of the
personnel costs for the tower until such time as the airport's cost/benefit ratio reaches the level where
the Federal Aviation Administration will fund the personnel costs. Staff estimates that the airport will
reach this level in about two years.
The Interlocal Agreement shall commence on the date of execution, and expire on September 30,
2001, with the understanding that the agreement will automatically renew for consecutive one-year
terms unless terminated by one party on thirty days advance notice to the other party.
The tower will be staffed with one air traffic control manager and three air traffic controllers so that it can
be in operation from 8:00 A.M. to 6:00 P.M., seven days per week, 365 days per year.
All personnel will be temporary employees of the City of Fort Worth, therefore, there will be no benefits
paid except Social Security and Medicare costs. The salary for the manager will be $47,021. The
annual cost of the three controllers will be $89,929. The total estimated annual cost for the tower
personnel will be $136,950.
The City of Burleson has agreed to pay their share on a monthly basis, upon receipt of an invoice from
the Aviation Department. The Aviation Department's portion will be paid from the current operating
fund.
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City of Fort Worth, Texas
4Vayor and Council Com"uni cat on
DATE REFERENCE NUMBER I LOG NAME PAGE
4/10/01 C-18543 55TOWER 2 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE CITY OF BURLESON FOR THE SHARING OF
PERSONNEL COSTS FOR THE SPINKS AIRPORT AIR TRAFFIC CONTROL TOWER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Aviation Department will be responsible for the collection of
revenue due under this agreement.
RG:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE40 491082 0552002 APPROVED
Ramon Guajardo 6140
Originating Department Head: CITY COUNCIL
Lisa A.Pyles 5403 (from) APR 17 2001
Additional Information Contact: two.,"
City Secretary of the
Lisa A.Pyles 5403
City of Fort Worth,4�sas