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Res 2024-199 approving the third extension of the Operation and Management Services Agreement for the San Marcos Regional Airport with Texas Aviation Partners, LLC., for five years
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Res 2024-199 approving the third extension of the Operation and Management Services Agreement for the San Marcos Regional Airport with Texas Aviation Partners, LLC., for five years
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11/1/2024 9:43:52 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-199
Date
10/15/2024
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5.0.11 Be responsible for major repairs and maintenance. In the event of damage by fire <br /> or other casualty, the City will either repair or replace building(s) or remove the <br /> damage and restore building(s)to original condition at the sole option of the City. <br /> 5.0.12 Provide rent-free office space as reasonably determined by the City and subject to <br /> space availability. <br /> 5.0.13 City will provide vehicle and fleet maintenance services provided that TAP pays <br /> for the services at the City's recovery rate for these services. <br /> ARTICLE 6 <br /> COMPENSATION TO THE OPERATOR <br /> 6.1.1 The City will pay the Operator an amount specified per the annual contracted <br /> amount plus any amount appropriated for a specific purpose in the Annual <br /> Operating Budget.The annual contracted amount will increase by 2%annually with <br /> the base contract amount totaling$622,945 in Fiscal Year 2026.No expenditure for <br /> any one line item or accounting category which is in excess of the amount shown <br /> in the Approved Operating Budget ("Excess Operating Costs") shall be paid or <br /> reimbursed to Operator, except expenditures that have been approved in writing by <br /> the City prior to the expenditure. Except in the event of an emergency (where <br /> immediate action is deemed necessary to protect the safety of the general public or <br /> protect physical assets of the Airport), any Operating Costs in excess of the <br /> Approved Operating Budget which have not been approved by the City prior to <br /> incurring such Costs shall be paid for by the Operator. <br /> 6.1.2 Incentive Compensation. Operator shall have the ability to earn incentive <br /> compensation annually based upon Financial Performance for each fiscal year <br /> provided however, that in no circumstance shall Operator earn any incentive <br /> compensation (either Profit Incentive or Revenue Incentive) from any contract, <br /> lease, license, or other agreement in which TAP, its members, successors-in- <br /> interest, assigns, employees, any person who is related to a member of TAP within <br /> the first degree by consanguinity (blood) or affinity (marriage), or any business <br /> entity has any interest. For the purposes of this contract,the term"Business entity" <br /> means a sole proprietorship,partnership, firm, corporation, holding company,join- <br /> stock company, receivership, trust, or any other entity recognized by law. The <br /> purpose of the incentive compensation is to encourage the creative and aggressive <br /> marketing and promotion of the Airport with the goal of maintaining the Airport as <br /> a self-sustaining operation. <br /> 6.1.3 Disincentive. The City's issuance of two or more documented written notices of <br /> default that the Operator fails to satisfactorily correct according to Articles 8 or 10 <br /> during any contract year shall result in a financial disincentive in the amount of <br /> 10% reduction of the incentive compensation for the year in which the uncured <br /> default occurs. The City's right to impose the disincentive shall neither limit its <br /> Page 22 of 34 <br />
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