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 -
- - -
'. -
~ ,
,-
'.... ....