HomeMy WebLinkAboutTWP 96 017 Agree AIR Management
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW 96-17
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A BY-LAW TO AUTHORIZE
THE SIGNING OF A CONTRACT
WITH CAROL LITTLE FOR THE
PROVISION OF
AIRPORT MANAGEMENT SERVICES
WHEREAS the Township of Kincardine and the Town of Kincardine
jointly own and operate the Town and Township Airport located in
the Township of Kincardine.
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AND HBEREAS the Council for The corporation of the Township of
Kincardine and the Council of the Corporation of the Town of
Kincardine deems it advisable to enter into a contract with Carol
Little for the provision of Airport Management Services.
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine ENACTS as follows:
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THAT the Corporation of the Township of Kincardine enter
into a contract with Carol Little for the provision of
Airport Management Services covering period of January 1,
1997 to December 31. 1999.
That the Reeve and Clerk-Treasurer be authorized to sign, on
behalf of The Corporation of the Township of Kincardine, the
Agreement with Carol Little which is attached to this By-Law
and to affix the Township's Corporate seal as and when
required.
3.
The By-Law shall come into full force and effect subject to
the approval of The Corporation of the Town of Kincardine.
4.
This By-Law may be cited as the "Airport Management services
Contract By-Law".
READ a FIRST and SECOND time, this 2th day of October, 1996.
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READ a THIRD and FINALLY PASSED this ~ day of ~~, 1996.
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This AGREEMENT made this 3rd day of October, 1996.
BETWEEN :
THE CORPORATION OF THE TOWN OF KINCARDINE
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hereinafter called the "Town"
of the First Part,
-and-
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
herinafter called the "the Township
of the Second Part.
-and-
CAROL LITTLE
hereinafter called "Little"
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: runways,
taxiway, apron, grassed area, 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 goods and
valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as
follows:
1.0 RESPONSIBILITIBS OP THE TONN AND TONNSHIP
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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 an decision which is not
authorized by this Agreement or which is not
authorized in its budget approved by the Town and
Township;
1.3 Little recognizes 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;
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1.5 The committee will determine improvements needed at
the airport;
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Page Two
Carol Little Airport Manager Agreement
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1.6 The committee 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 committee 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;
1.8 The committee will supply Little with a plan of the
airport identifying the airport boundary facilities.
2.0 RESPONSIBILITIBS OP THE OPBRATOR (LITTLE)
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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
NOTAM. 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 committee.
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 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.
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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.
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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
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 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.
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Page Three
Carol Little Airport Manager Agreement
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 supply to Little a
hand-held radio for convenience and safety while
Little is conducting runway inspections and/or
maintenance.
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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
committee on a monthly basis regarding the
of the airport:
to the
operation
(a) fuel sales and inventory;
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(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 requirements of the
Aeronautics Act and Regulations and all other statutes
as may apply or are deemed to apply.
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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 OP OPERATIONS. AIRPORT STAFPING. TRAINING
3.1
The airport will be attended from 0800 hours to
hours Monday to Friday, and from 1000 hours to
hours Saturday and Sunday year-round, with
exception of Christmas Day and New Year's Day,
reasonable extension of hours as required
accommodate a scheduled air service.
1700
1700
the
with
to
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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. This will include two
(2) weeks' vacation per year.
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Page Four
Carol Little Airport Agreement
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Little will provide all staff required to fulfil
requirements of this Agreement, and will ensure
all staff are suitablv trained and familiar
Transport Canada regulations and other laws as
may apply to the 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. Little is expected to attend the Airport
Management Conference of Ontario's annual convention
and approved regional meetings. Expenses up to a
maximum of $1,500 per year will be reimbursed upon
presentation of receipts.
the
that
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3.3
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4.0 PINANCIAL OBLIGATIONS
4.1 The Town and Township shall collectively pay to Little
for the period January 1, 1997 to December 31, 1999 an
annual amount of $46,000.00 (forty-six thousand
dollars) plus GST inclusive of all overtime hours.
For the duration of this contract Little agrees to a
$6,OOO.00/annum roll back in light of Government and
Municipal fiscal policies for a net remuneration of
$40,000.00 per year. Payment shall be made twice
monthly, payable at mid-month and the end of each
month.
5.0 DURATION 011' Atm1!1nn21liM'~
5.1 This Agreement shall come into full force and effect
and be binding on all parties from, January 1, 1997
to December 31, 1999.
5.2
Any party may terminate this Agreement upon 60
notice by mailing a notice of termination
registered or certified mail to the other parties
the appropriate address.
days
by
at
6.0 AGREEMENT TO BB BINDING
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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 ASSIGNMENTS
7.1 This Agreement is not assignable without the written
permission of the other parties.
8.0 COMPLETE :a.tm....-ŒNT
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 APPLICABLB LAW
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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.
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Page Five
Carol Little Airport Manager Agreement
10.0 NO WAIVER
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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.
11.0 SEVBRABILITY
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-PERPORMANCE
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.
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13 . 0 P1JR'I'R1eR DOCDMBNTS
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
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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Clerk - Maureen A.____CO~':~~;::~..,'·
THE TOWNSHIP OF KINCAÏID:nm
Der:0¿¿ d'i.a::'~
Reeve Gordon ~rell 0:.:
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AIRPORT MANAGER
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Carol Little