Loading...
HomeMy WebLinkAboutKIN 90 058 Agree -C. Little AIR THE CORPORA TrON OF THE TOWN OF KINCARDINE ~.¡.Of (r~...f'o" , '> . " BY-LAW BY-LAW NO. 1990 - 58 A BY-LAW TO ENTER INTO AN AGREEMENT WITH CAROL LITTLE FOR MANAGEMENT OF THE KINCARDINE TOWN AND TOWNSHIP AIRPORT. WHEREAS the Council of The corporation of the 'l'own of Kincardine advertised for proposals for the provision of management services for the Kincardine Town and Township Airport. NOW THEREFORE the Council for The Corporation of the Town of Kincardine hereby ENACTS as follows: 1. 'rHAT the proposal of Carol Litcle be hereby accepted. 2. THAT the mayor and clerk are hereby authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Carol Little, cited as Schedule "A", attached to and forming part of this by-law. 3. THAT this agreement shall remain in effect for the term commencing September 10, 1990 until December 31, 1993, provided it is not ended by either party pursuant to the terms and conditions of said agreement. 4. That this By-law shall not come into full force and effect until a similar by-law has been passed by the council of The Corporation of the Township of Kincardine. 4. 'I'HAT this bY-law be cited as the "Carol Little as Airport Manager,1990 Appointment By-law." time this 23rd day of August 1990. READ a THIRD TIME and FINALLY PASSED this 23rd day of August, 1~Y, l/h~æJ ¡jr9tk Mayor . . ~,. . Schedule "A" - By-law 1990-58 THIS AGREEMENT made in triplicate this 23rd day of August, 1990. BET 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 - CAROL LITTLE (hereinafter called "Little") 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 which consists of generally the following: runway, taxiway, apron, grassed areas, hangar, terminal, navaid equipment and fuel facilities, AND WHEREAS the Town and Township agree to have LITTLE manage the airport and have 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 RESPONSIBILITIES OF THE TOWN AND TOWNSHIP 1.1 The overall policy direction for the maintenance, operation and management of the airport is the responsibility of the Kincardine Town and Township Airport Committee (hereinafter called the Committee), as delegated by the Town and Township, 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 Little recog~zes that the Town or Township will not be bound by any recommendation from Little through the committee, 1.4 The committee will determine the types and level of fees to be charged at the airport with all receipts payable to the Town and Township Airport unless otherwise stated or agreed to in this agreement, 1.5 The committee will determine improvements needed at the airport, .. ./2 -2- . 1.6 The committee will, at its cost, remove snow from the runway, primary connecting taxiway, apron and other taxiways, in that order of priority, on the request of Little and when able to do so. Little remains responsible for all airport advisories with respect to snow removal activities and runway conditions, 1.7 The committee will provide, at its cost, the public terminal building facilities and will provide appropriate office space for the purpose of carrying out airport operator duties, 1.8 The committee will supply Little with a plan of the airport identifying the airport boundary and 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. Addi tional 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 Wiarton Flight Service Station by NOTAM. Little is responsible for all airport advisories which may be required for 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 committee. 2.3 Little will provide fuel sales during the attended hours and make arrangements for after-hours sales. Little will deposi t all fuel receipts di rectly with the Town and supply all information on fuels to the Town 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 Runway 13- 31, the grass cross-strip 06-24, the grass tie-down area and 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, from the parking lot 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 committee 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 .. ./3 , " -3- 2.7 (cont'd.) . lIP 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 committee, a supply of replacement items required above at the expense of the committee. 2.8 Little will be responsible for directing aircraft to a suitable tie-down area and collecting fees as directed by the committee. 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 committee will allow Little to charge a callout fee for services outside regular hours at night, provided that the committee approves the rate to be charged. The committee 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, for the safety and welfare of the flying and non- flying public. 2.11 Little will submit the on a monthly basis airport: following reports to the committee regarding the operation of the 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 Town of 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 requi rements 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 committee and the Town and Township of Kincardine. . 3.0 HOURS OF OPERATION. AIRPORT STAFFING. TRAINING 3.1 The ai rport 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 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 committee or through agreed-to arrangements or circumstances. .../4 , . . . , -4- 3.3 Little will provide all staff required to fulfil the requirements of this agreement, and will ensure that all staff are suitablY trained and familiar with Transport Canada regulations and other laws as they may apply to airports. 3.4 Little is expected to take full advantage of other training courses which may be available. The committee may reimburse Little for major expenditures for training, provided the committee recognizes the course being offered and approves of the expenditure in advance. 4.0 FINANCIAL OBLIGATIONS 4.1 The Town and Township shall collectively pay to Little for the period September 10, 1990 to December 31, 1991 an annual amount of $42,000.00 (forty-two thousand dollars), inclusive of all overtime hours. Payment shall be made twice monthly payable at mid-month and the end of each month. 4.2 Remuneration for 1992 shall be negotiated between the parties by September 30, 1991. 4.3 Remuneration for 1993 shall be negotiated between the parties by September 30, 1992. 5.0 DURATION OF AGREEMENT 5.1 This agreement shall come into full force and effect and be binding on all parties from September 10, 1990 to December 31,1993. 5.2 A one-time six and one-half month probationary period shall be in effect from September 10, 1990 to March 31, 1991. 5.3 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 enure to the benefit of and be binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns, respectively. 7.0 ASSIGNMENT 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. . ../5 . , . -5- 10.0 NO WAIVER 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 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. 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. 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 reasonable necessary under the provisions of this agreement. IN WITNESS WHEREOF the parties have hereto executed these presents. SIGNED, SEALED, AND DELIVERED THE CORPORATION OF THE TOWN OF Ik Kl'~Dl~ ,." --~ - . '0. '" -< Af ':Q( . Mayo' -_p~. .-~"' <on· '. in the presence of - ;:. . ~..-".-,':;¡..: ~ ..,;~.... ," R._ . .'-~, -~- ~LJ., /;1¡ },}t J Witness -:f:,It'- ) ) ) ) ) ) ) ) ) ) ) ¡ CAROL LITTL :~ )~<~,() ~f:'p) ) THE CORPORATION OF THE TOWNSHIP OF KINCA NE: ... ~ . ,- " Reeve - - - - '. - ~ , ,- '.... ....