HomeMy WebLinkAbout99 147 Contract-Airport (Carol)
NO. 1999 -147
A BYLAW TO AUTHORIZE THE SIGNING OF A CONTRACT WITH
CAROL LITTLE FOR THE PROVISION OF AIRPORT MANAGEMENT
SERVICES FOR THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON
WHEREAS the Council for The Corporation of the Township of Kincardine-
Bruce-Tiverton deems it advisable to enter into a service contract with Carol Little
for the provision of airport management services for the Township of Kincardine-
Bruce-Tiverton;
AND WHEREAS the Council for The Corporation of the Township of Kincardine-
Bruce-Tiverton deems it advisable to enter into a contract with Carol Little, for the
provision of airport management services;
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine-Bruce-Tiverton ENACTS as follows:
1. That the Corporation of the Township of Kincardine-Bruce-Tiverton enter into
a contract with Carol Little for the provision of airport management services
for the Municipality;
2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation
of the Township of Kincardine-Bruce-Tiverton the contract with Carol Little
attached to this by-law and to affix the corporate seal as and when required.
3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Airport Management Services Contract, By-
law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this
24th day of November, 1999.
Mayor
Clerk
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This AGREEMENT made this .;'1"" day of '711A~' 1999.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE-BRUCE- TIVERTON
hereinafter called the "Municipality"
of the First Part,
-and-
CAROL LITTLE
hereinafter called "Little"
of the Second Part
WHEREAS the Township owns and operates the Municipal Airport (hereinafter
called the Airport) located on the west side of highway #21 north of the former
Town of Kincardine in the former Township of Kincardine, and which consists of
generally the following: runways, taxiway, apron, grassed area, hangar,
terminal, navaid equipment and fuel facilities;
AND WHEREAS the Township agrees to have LITTLE manage the airport and
has directed that an Agreement be drafted;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the premises and of the covenants and agreements hereinafter contained
and other goods and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1.0 RESPONSIBILITIES OF THE TOWNSHIP
1.1. The overall policy direction for the maintenance, operation and
management of the airport is the responsibility of the Municipality;
1.2 Little shall not, have the authority to enter into any contract, accept any
tender or to do any action, or make a decision which is not authorized by
the Municipality or which is not approved in the budget;
1.3
Little recognizes that the Township will not be bound by any
recommendation from Little;
1.4
The Municipality will determine the types and level of fees to be charged
at the airport with all receipts payable to the Municipality unless
otherwise stated or agreed to in this Agreement;
1.5
The Municipality will determine improvements needed at the airport;
1.6
The Municipality will, at its cost, remove snow from the runways, primary
connecting taxiways, apron, and parking lot, in that order of priority, on
the request of Little when able to do so. Little remains responsible for all
airport advisories with respect to snow removal activities and runway
conditions;
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Carol Little Airport Manager Agreement
1.7 The Municipality will provide, at its cost, the public terminal building
facilities and will provide appropriate office space for the purposes of
carrying out airport operator duties;
1.8 The Municipality will supply Little with a plan of the airport identifying the
airport boundary facilities.
2.0 RESPONSIBILITIES OF THE OPERATOR (LITTLE)
2.1 Little will ensure that aircraft operating areas and other facilities are
inspected in accordance with generally accepted practices. Additional
inspections will be made in poor weather conditions during winter
months. Any hazards or deficiencies identified during these inspections
will be either rectified or reported to the London Flight Service Station for
issue of NOTAM. Little is responsible for all airport advisories which may
be required to the airport.
2.2 Little will keep a record of aircraft movements/aircraft activity during
attended hours and submit reports to the committee and other
organizations as requested by the Municipality.
2.3 Little will provide fuel sales during the attended hours and make
arrangements for after-hours sales. Little will deposit all fuel receipts
directly with the Township and supply all information on fuels to the
Township treasurer. Little will maintain records of all fuel sales and
inventory and conduct inspections as required under the Gasoline
Handling Act of Ontario and/or other applicable Acts.
2.4 Little will cut grass on the graded area along runways 13-31 and 05-23,
the grass tie-down areas, the grass area in the vicinity of the terminal
buifding; and the hangar.
2.5 Little is to remove snow daily, throughout the week, from the driveway
and from the entrance to the apron and general aviation area to the
extent required for winter activities. The necessary equipment to
accomplish this is to be provided by Little.
2.6 Little will ensure that the terminal building is cleaned and maintained to
the satisfaction of the Municipality and will submit invoices to the
committee on a monthly basis in order for the purchase of cleaning and
toilet supplies.
2.7 Little will ensure that the runways and other aircraft movement areas are
maintained to Transport Canada and the Ministry of Transportation of
Ontario standards and to the satisfaction of the committee; including,
without limiting the generality of the foregoing, replacing burnt-out
runway light bulbs, keeping the wind indicator in good repair, sign
maintenance and runway markers. Little will maintain, with the approval
of the Municipality, a supply of replacement items required above at the
expense of the Municipality.
2.8 Little will be responsible for directing aircraft to a suitable tie-down area
and collecting fees as directed by the Municipality.
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Carol Little Airport Agreement
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2.9 Little will respond to telephone calls relating to runway conditions,
communicate with incoming aircraft and respond to requests for service
outside regular hours. The Municipality will supply to Little a hand-held
radio for convenience and safety while Little is conducting runway
inspections and/or maintenance.
2.10 Little will supervise and control access of persons and vehicles to the
airport property and will provide, at all times, an environment conducive
to the safety and welfare of the flying and non-flying public.
2.11 Little will submit the following reports to the Municipality on a monthly
basis regarding the operation of the airport:
(a) fuel sales and inventory;
(b) aircraft movements/activity for the previous month.
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2.12 Little will provide and maintain a complete record or library of the
following:
(a) airport operating and maintenance manual;
(b) as-constructed plans for the airport and any associated
equipment;
(c) an emergency procedures manual in co-operation with the
Kincardine Fire Department and the local detachment of the
Ontario Provincial Police, and other organizations as may be
required.
2.13 Little will enforce and meet all requirements of the Aeronautics Act and
Regulations and all other statutes as may apply or are deemed to apply.
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2.14 Little will ensure a professional service and attitude at all times in dealing
with and promoting the airport with respect to the public and Little must
ensure the public is fully aware that duties are being performed for the
Township of Kincardine-Bruce- Tiverton.
3.0 HOURS OF OPERATIONS. AIRPORT STAFFING. TRAINING
3.1 The airport will be attended from 0800 hours to 1700 hours Monday to
Friday, and from 1000 hours to 1700 hours Saturday and Sunday year-
round, with the exception of Christmas Day and New Year's Day, with
reasonable extension of hours as required to accommodate a scheduled
air service.
3.2 Little will be permitted reasonable absences from the airport during
attended hours for the purpose of carrying out duties required in this
Agreement. Extended absences may be permitted with the prior
approval of the Municipality or through agreed-to arrangements or
circumstances. This will include two (2) weeks, vacation per year.
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3.3 Little will provide all staff required to fulfil the requirements of this
Agreement, and will ensure that all staff are suitablv trained and familiar
with Transport Canada regulations and other laws as they may apply to
the airports.
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Carol Little Airport Manager Agreement
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3.4 Little is expected to take full advantage of other training courses which
may be available. The Municipality may reimburse Little for major
expenditures for training, provided the committee recognizes the course
being offered and approves of the expenditure in advance. Little is
expected to attend the Airport Management Conference of Ontario's
annual convention and approved regional meetings. Expenses up to a
maximum of $1,500 per year will be reimbursed upon presentation of
receipts.
4.0 FINANCIAL OBLIGATIONS
4.1 The Municipality shall collectively pay to Little for the period January 1,
2000 to December 31, 2003 an annual amount of $46,000.00 (forty-six
thousand dollars) plus GST inclusive of all overtime hours. Payment
shall be made twice monthly, payable at mid-month and the end of each
month.
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5.0 DURATION OF AGREEMENTS
5.1 This Agreement shall come into full force and effect and be binding on all
parties from, January 1, 2000 to December 31, 2003.
5.2 Any party may terminate this Agreement upon 60 days notice by mailing
a notice of termination by registered or certified mail to the other parties
at the appropriate address.
6.0 AGREEMENT TO BE BINDING
6.1 This Agreement and everything herein contained shall respectively inure
to the benefit of and be binding upon the said parties hereto, their heirs,
executors, administrators, successors and assigns, respectively.
7.0 ASSIGNMENTS
7.1 This Agreement is not assignable without the written permission of the
· other parties.
8.0 COMPLETE AGREEMENT
8.1 This Agreement, when executed, shall constitute the entire Agreement
between both parties and may not be amended, modified or terminated
except by an amending agreement executed by all parties.
9.0 APPLICABLE LAW
9.1 This Agreement and the construction and enforceability thereof shall be
interpreted under the laws of the Province of Ontario and the Dominion
of Canada.
10.0 NO WAIVER
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10.1 The failure of any party to insist upon the strict performance of the terms
and conditions hereof shall not constitute or be construed as a waiver of
relinquishment of either parties' rights to thereafter enforce the same in
accordance with this Agreement in the event of a continuing or
subsequent default on the part of either party.
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Carol Little Airport Manager Agreement
. 11.0 SEVERABILITY
11.1 It is mutually agreed that in the event that any clause or provision of this
Agreement or any part thereof shall be declared invalid, void or
unenforceable by any Court having jurisdiction, such invalidity shall not
affect the validity or enforceability of the remaining portions of this
Agreement unless the result would be manifestly inequitable or
unconscionable.
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12.0 NON-PERFORMANCE
12.1 It is agreed between the parties hereto that neither party shall be held
responsible for damages caused by delay or failure to perform its
obligations hereunder when such delay or failure is due to fires, strikes,
floods, acts of God, lawful acts of public authorities or delays which
cannot reasonably be foreseen or provided against.
13.0 FURTHER DOCUMENTS
13.1 The parties shall execute and deliver all documents and perform all
further actions that may be reasonably necessary under the provisions of
this Agreement.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE-
BRUCE- TIVERTON
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Carol Little
AIRPORT MANAGER
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