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HomeMy WebLinkAbout03 137 agree airport management e e . . THE CORPORATION OF THE MUNICIPALITY OF KINC BY-LAW NO. 2003 -137 A BYLAW TO AUTHORIZE THE SIGNING OF A CO;RACT WITH CAROL LITTLE FOR THE PROVISION OF AIRPORT ANAGEMENT SERVICES FOR THE MUNICIPALITY OF KINC RDINE I WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 Section 1 (2) authorizes municipalities to pass by-laws respecting matters within the sph re of jurisdiction of transportation systems, other than highways and Section 9 onfers authority on municipalities to enable them to govem their affairs a they consider appropriate; , AND WHEREAS the Council for The Corporation of thel Municipality of Kincardine deems it advisable to enter into a contract with C~rol Little, for the provision of airport management services; . i NOW THEREFORE the Council for The Corporation of th1 Municipality of Kincardine ENACTS as follows: i , , 1. That the Corporation of the Municipality of Kincardine enter into a contract with Carol Little for the provision of airport management Iservices for the Municipality; , 2. That the Mayor and CAO be authorized to sign, on behalf ofjThe Corporation of the Municipality of Kincardine the contract with Carol Littl attached to this by-law. ¡ " 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 servits Contract, By- law". READ a FIRST, SECOND, and THIRD time and DEEMED TO ,E PASSED this 17th day of September, 2003. I ( r . i .. ¡ . , This AGREEMENT made this 17Ý, day o~~ 2003. · BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- CAROL LITTLE hereinafter called "Little" of the Second Part WHEREAS the Municipality 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 Municipality of Kincardine, and which consists of generally the following: runways, taxiway, apron, grassed area, · hangar, terminal, navaid equipment and fuel facilities; AND WHEREAS the Municipality 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 MUNICIPALITY 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 Municipality 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; ,: 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; .. /2 " i ., Page Two Carol Little Airport Manager Agreement 1.8 The Municipality will supply Little with a plan of the airport identifying the · airport boundary facilities. 1.9 The airport management contract shall be under the auspice of the Public Works Manager of the Municipality of Kincardine. · · 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 NOT AM. 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 Municipality and supply all information on fuels to the Municipality 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 building; 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 bumt-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. « .. . /3 . . · · · , j Page Three Carol Little Airport Agreement 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. 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. 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 Municipality of Kincardine. 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. 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. . . . /4 , ¡ i .' · Page Four Carol Little Airport Manager Agreement 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 Community Airport Group 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, 2004 to December 31,2004 = $47,380.00 January 1, 2005 to December i1, 2005 = $48,800.40 January 1, 2006 to December 3~06 = $50,264.41 plus GST inclusive of all overtime hours. pa¡~all be made twice monthly, payable at mid-month and the end of each month. · 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, 2004 to December 31, 2006. 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 · 7.1 8.0 8.1 ASSIGNMENTS This Agreement is not assignable without the written permission of the other parties. COMPLETE AGREEMENT 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 I, 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. . .. /5 ,i Page Five 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. t . . 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 ) ) ) ) ) ) ) ) ) ~ ~ f.~? ~o^^vrI) ) -- Jo n de~osenroll ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE -(.t¿.~.:( f /'AI Witness AIRPORT MANAGER Der: 4.( J..L ~~ Carol Little .Æ'Jiiill1L<.-"';;';1':' ~-~....