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HomeMy WebLinkAboutKIN 90 019 AMS Manage Contract . / . 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. /JMttV ¿{ 9;~/)1 Mayor . 1. . 2. 3. 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. 7 . 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 2. 4 . . 1. 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. .. ./2 . . -2- 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. 7 . 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. 9 . 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. .. ./3 . . -3- 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 . . 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. .. ./2 \J . . -2- 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. . ../3 . . -3- 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. . ../4 . . " 14. FURTHER DOCUMENTS -4- 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 ,; ."-'. . :- ~"" -~-~ -~~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWNSHIP OF KINCARDINE ¥ k--- Reeve - Welr ~eane- " ,,'" - '..<:... ~,~,~~,~)<: ,N Deputy Clerk ._ Relma H"e..:kn --_......- AIRPORT MANAGEMENT SERVICE ~~ø~ Owner - Ronald Fenton tf?¿J. .9~("-' Owner - Pauline Fenton