HomeMy WebLinkAboutKIN 90 019 AMS Manage Contract
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1990 - 19
AMS MANAGEMENT CONTRACT BY-LAW, 1990
WHEREAS the Council for The Corporation of the Town of Kincardine
deems it expedient to execute an agreement with Airport Management
Service and The Corporation of the Township of Kincardine
concerning the management of the Kincardine Town and Township
Airport.
NOW THEREFORE the Council of The Corporation of the Town of
Kincardine ENACTS as follows:
1. That the mayor and clerk are authorized to sign, on behalf of
The Corporation of the Town of Kincardine, the attached
agreement with Airport Management Service and The Corporation
of the Township of Kincardine concerning the management of the
Kincardine Town and Township Airport for 1990.
2. That this by-law shall come into full force and effect upon
the date of its final passage.
3. This By-law shall be known as the "AMS Management Contract By-
Law, 1990".
READ a FIRST and SECOND time this 15th day of March, 1990.
AL tl &i~hU
Mayor
READ a THIRD time and FINALLY PASSED this 15t
ay of March, 1990.
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Mayor
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SCHEDULE A
DUTIES OF AMS
GENERAL
To supervise and asume responsibility for all activities at
the airport, flight and non-flight, to ensure adherence to
safe and efficient airport operation.
To regularly make inspections of all airport tenant
establishments to determine that the conditions and
requirements of the Lease Agreements are being complied with.
To enforce all
compliance with
other pertinent
Rules, Regulations,
rules and regulations
Government Agencies.
and By-Laws to insure
of Transport Canada and
4. To cooperate with local, provincial and federal officials in
all matters pertaining to aviation, including law enforcement.
5. To keep such records and make reports as required by airport
ownership.
6. To promote aviation and the airport in the furtherance of the
community benefit.
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To make recommendations to
to airport development,
operation.
the Committee in matters pertaining
public relations, and safety of
8. To provide, at all times, for the safety and welfare of the
flying and non-flying public.
SPECIFIC
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AMS shall ensure that all runways are inspected prior to the
published open hours for the Airport. Additional inspections
will be made, in poor weather conditions, during the winter
months. AMS shall report immediately to proper officials or
any condition that renders the airport unsafe for operation
of aircraft which requires issuance of NOTAMS, placing of
"X's" on runways, taxi ways, etc. Immediate steps will be
taken by AMS to either rectify the condition or report it to
the chair of the Committee.
AMS shall regularly inspect all hard-surfaced and turf
runways, taxiways, and ramp areas with reference to matters
affecting safety of operations including the need for repair
and maintenance thereof.
3.
AMS shall keep a reco rd of ai rcraft movements and submit
reports to the Committee and Transport Canada.
AMS shall provide fuel sales during the published hours and
make arrangements for after hour sales. AMS shall also
deposit all fuel receipts directly into the Airport's bank
account and supply all information on fuel sales to the Town
Treasurer's office to the satisfaction of the Town Treasurer.
AMS shall also maintain records of all fuels sales and
inventory and conduct inspections as required under the
Gasoline Handling Act.
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5. AMS shall cut grass on Runway 06-24, graded area along Runway
13-31, the grass tie down area and the area south of the
apron. The committee shall supply one lawn mower and one 3-
point hitch mower for large areas. AMS shall supply one
tractor capable of pulling the latter mower.
6. AMS shall supervise all snow removal operations.
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AMS shall ensure that the terminal building and hangar and
all public areas within are cleaned and maintained to the
satisfaction of the Committee and shall submit invoices to the
Committee on a monthly basis in order for the purchase of
cleaning and toilet supplies.
8. AMS shall perform regular checks for damage and to ensure that
the runways and other aircraft movement areas are maintained
to Transport Canada and Ministry of Transportation standards
and to the satisfaction of the Committee; including, without
limi ting the generality of the foregoing, all runway, taxi
way, ramp lighting, the rotating beacon, wind indicator
lights, obstruction lights, keeping the wind indicator in good
repair, sign maintenance and runway markers. AMS will
maintain, with the approval of the Committee, a supply of
replacement items as required above at the expense of the
Committee.
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AMS shall regularly
transition slopes
obstructions.
check and inspect all runway approach and
to ascertain that they are free of
10. AMS shall regularly inspect all ai rport-owned equipment to
insure that it is well maintained and in good working order,
and that it is properly stored and protected from the
elements.
11. AMS shall regularly check all fuel dispensing equipment,
including storage tanks, filters, fuel pumps, etc., to
determine that a proper level of safety exists, including
availability of serviceable fire extinguishers, general
condition of equipment, proper grounding, and conditions
conducive to fuel contamination elimination.
12. Where applicable, AMS shall supervise and instruct all airport
employees, or contractors in performing all types of airport
maintenance, grass mowing or snow removal operations.
13. AMS shall maintain and monitor installed navaids in accordance
with Transport Canada regulations and the Facility Operation
Manuals.
14.
AMS will be responsible for directing
tie down area and collecting fees
Committee.
aircraft to a suitable
as directed by the
15. AMS shall answer telephone calls relating to runway
conditions, communicate with incoming aircraft and respond to
requests for service outside regular hours. The Town and
Township will allow AMS to charge a callout charge for
services outside regular hours, provided that the Committee
approves the rate to be charged. The Committee will supply
to AMS a hand held radio for convenience and safety while AMS
is conducting runway inspections and/or maintenance. The
Committee will permit an extension of the Airport telephone
line to the manager's residence for calls after hours.
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16. AMS shall supervise and control access to Airport property by
any agricultural, construction or other vehicular traffic in
order to ensure safety at the Airport at all times.
17. AMS shall submit the following reports to the Committee
monthly regarding the operation of the Airport:
(a) fuel sales and inventory;
(b) aircraft movement for previous month;
(c) record of hours grass cutting and snow removal.
18. AMS shall maintain a complete record or Library of the
following:
(a)
(b)
(c)
Airport operating and maintenance manual;
As constructed plans for the airport and any
equipment;
Maintain an emergency procedures manual in
with the Kincardine Fire Department, the
Police Department and the local detachment of
provincial Police.
associated
cooperation
Kincardine
the Ontar io
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THIS AGREEMENT made in triplicate this/jkday of'ñt~, 1990.
B E '1' WEE N:
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called the "Town")
AS PARTY OF THE FIRST PART
- AND -
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
(hereinafter called the "Township")
AS PARTY OF THE SECOND PART
- AND -
AIRPORT MANAGEMENT SERVICE
(hereinafter called AMS)
AS PARTY OF THE THIRD PART
WHEREAS the Town and the Township own and operate the Kincardine
Town and Township Airport (hereinafter called the Airport) located
on the west side of Highway * 21 north of the Town of Kincardine
in the Township of Kincardine;
AND WHEREAS the Town and Township have previously agreed to have
AMS manage the airport and 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 good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1.0 GENERAL OPERATION
1.1 The general operation of the Airport shall be the
responsibility of the Kincardine Town and Township
Airport Committee (hereinafter called the Committee) who
shall be responsible for supervising AMS, setting
operating policies for the airport in compliance with
federal, provincial and municipal regulations and
recommending improvements and other matters to the Town
and Township councils through the clerks of the
municipalities;
1.2 The Committee shall not, however, have the authority to
enter into any contract, accept any tender or to do any
action, or make any decision which is not authorized by
this agreement or which is not authorized in their budget
approved by the Town and Township;
1.3
AMS recognizes
bound by any
Committee;
that the Town or Township will not be
recommendation from AMS through the
1.4 The Airport consists of generally the following: runway,
taxiway, apron, grassed areas, hangar, terminal, navaid
equipment and fuel facilities.
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1.5 Ronald Fenton agrees to devote his full time and energy
to the management of the airport in accordance with the
conditions in this Agreement.
1.6 The Owners of AMS shall not either individually or in
partnership or in conjunction with any person or persons,
firm, association, syndicate, company or corporation, as
principal, agent, director, officer, employee, or in any
other manner whatsoever, directly or indirectly be
engaged in the operation of an airport or similar
facility anywhere during the term of the Agreement.
2.0 HOURS OF OPERATION
2.1 The Airport shall be open from 8:00 a.m. to 5:00 p.m.
Monday to Friday and from 10:00 a.m. to 5:00 p.m. on
Saturdays and Sundays. These hours shall be considered
published open hours. Weekend and holiday hours shall
be flexible depending on traffic and weather conditions.
3.0 STAFFING THE AIRPORT
3.1 AMS will be completely responsible for providing all
necessary staffing at the Airport;
4.0 DUTIES OF AMS
4.1 The duties of AMS are listed on Schedule A attached
hereto which shall form a part of this agreement.
5.0 FINANCIAL OBLIGATIONS
5.1 The Town and the Township shall collectively pay to AMS
for the period January 1, 1990 to December 31, 1990,
$45,960 twice monthly payable at mid month and the end
of each month.
5.2 The amount to be collectively paid to AMS by the Town and
the Township shall be re-negotiated with AMS in the event
a scheduled air service commences at the airport.
Failure to renegotiate a new payment with AMS within
three months of commencement will result in the automatic
cancellation of this Agreement.
6.0 DURATION OF AGREEMENT
6.1 This agreement shall come into full force and effect and
be binding on all parties from January 1, 1990 to
December 31, 1990;
6.2
Any party may terminate this agreement on 60 days notice
by mailing a notice of termination by registered or
certified mail to the ·other parties at the appropriate
address;
6.3
This Agreement shall terminate upon the death of both Ron
Fenton and Pauline Fenton.
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7.0
AGREEMENT TO BE BINDING
This agreement and everything herein
respectively enure to the benefit of and be
said parties hereto, their heirs, executors,
successors and assigns, respectively;
contained shall
binding upon the
administrators,
8.0 ASSIGNMENT
This agreement is not assignable without the written
permission of the o'ther parties. Further this agreement
recognizes Ronald and Pauline Fenton as the joint owners of
AMS and any sale or transfer of AMS to another person will
result in automatic termination of this agreement;
9.0 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;
10. APPLICABLE LAW
This agreement and the construction and enforceability thereof
shall be interpreted under the laws of the Province of Ontario
and the Dominion of Canada;
11. NO WAIVER
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 or 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.
12. SEVERABILITY
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.
13. NON-PERFORMANCE
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.
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14. FURTHER DOCUMENTS
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The parties shall execute and deliver all documents and
perform all further actions that may be reasonable necessary
under the provisions of this agreement.
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED, AND DELIVERED
in the presence of
THE CORPORATION OF THE
TOWN OF KINCARDINE ,;
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
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Reeve - Welr ~eane- "
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Deputy Clerk ._ Relma H"e..:kn
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AIRPORT MANAGEMENT SERVICE
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Owner - Ronald Fenton
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Owner - Pauline Fenton