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HomeMy WebLinkAboutTWP 96 017 Agree AIR Management li-, I I II " 'I , ,i I, . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW 96-17 I I " , I ! 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. I I' I I 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: I 1. I II , i I 2. 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. i READ a THIRD and FINALLY PASSED this ~ day of ~~, 1996. ¡!,~L~~~ 1~ ) REEVE I !! [I II I, I I ~ÞN:f~~kiJ ie1 P. Es LERK-TREAS SEAL I " " ii il I .iÌ ,I 'I ,I 11 !; ì, 'i ii [I !i Ii !I ii ¡: Ii 'I " !ì Ii " Ii Ii " ¡¡ !! " ii i! II '¡ Ii !! " il ,i,i i¡ I, ]1 .¡ I, ii ,I . II I,! I' " Ii II , 1'1 ,I :i 'i ~ i , II I! Ii 'i Ii [: II Ii I' II I I 1! Ii 'I I. \1 ~.,.." " . . . This AGREEMENT made this 3rd day of October, 1996. BETWEEN : THE CORPORATION OF THE TOWN OF KINCARDINE . 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 . 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; . 1.5 The committee will determine improvements needed at the airport; ... ./2 .' . . . Page Two Carol Little Airport Manager Agreement . 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) . 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. . 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. . 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. ... ./3 , . . . 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. . 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; . (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. . 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 . 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. .. .. /4 . . . . Page Four Carol Little Airport Agreement . 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 with they 3.3 · 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 · 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 · 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 . . . . Page Five Carol Little Airport Manager Agreement 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 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. . 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 in the presence of ) ) ) ) . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . ~ ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE ~~'( ~~ '. '- - - - -_/ - / - . ~..~~~ L . "-_ r"- _ ~~ ._-~_.~' ,:- Der. _ - , " Clerk - Maureen A.____CO~':~~;::~..,'· THE TOWNSHIP OF KINCAÏID:nm Der:0¿¿ d'i.a::'~ Reeve Gordon ~rell 0:.: <', - :,-, ---.'~' ~,~ . . --" .:. AIRPORT MANAGER Der: ~1JJ)¡~~ Carol Little