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HomeMy Public PortalAboutAB 06-085 AttachmentAgency Agreement page 1 of 2 AGENCY AGREEMENT In consideration of the covenants and agreements herein contained, the City of McCall, a municipal corporation of the State of Idaho, 216 East Park St., McCall, Idaho 83638, hereinafter called Principal, and McCall Aviation, Inc. , an Idaho Corporation, PO Box 771, McCall, Idaho 83638, hereinafter called Agent, agree as follows: Agent is hereby employed as the agent of the Principal to do and perform the following services at the McCall Municipal Airport: 1. Operate and manage the Unicom (CTAF) facility pursuant to Federal Aviation Administration and Federal Communications Commission regulations. 2. Manage, assign, collect and remit all transient aircraft parking fees at the rates set by the Principal (subject to provisions below). 3. Manage, assign, collect and remit all transient aircraft landing fees at the rates set by the Principal (subject to provisions below). 4. Monitor ASOS and make emergency broadcasts of weather and altimeter data in case of ASOS failure. 5. Log all turbine aircraft operations on the McCall Municipal Airport according to the Federal Aviation Administration’s Aircraft Design Groups (ADG) I, II, III, & IV. Submit logs to the Principal per request of the Principal. The Principal shall provide the following: 1. Pay the Agent three thousand dollars ($3000) per year during the Term for which services are provided. 2. Pay the Agent five dollars ($5) per transient aircraft landing fee collected and remitted by the Agent. 3. Pay the Agent ten dollars ($10) per transient (non-enveloped only) aircraft parking fee collected and remitted by the Agent. 4. Reserve and provide five (5) tie-downs spaces for the exclusive use of the Agent. 5. Maintain and repair the city owned Unicom and ASOS equipment. ƒ One (1) each ASOS Link computer monitor, Wyse keyboard, and Motorola UDS ƒ One (1) Mentor Unicom radio transmitter/receiver No Solicitation Requirement – Agent shall not be required nor expected to proactively assign or solicit the collection of either the transient (non-enveloped) aircraft parking fees or the transient aircraft landing fees. If aircraft operators do not present themselves to the Agent, thus allowing Agent to assign and collect the fees, then Agent will have no obligation under this Agreement to locate, assign, and collect said fees even if it is known to the Agent that said fees are due and payable under the rules set by the Principal. Envelope Based Parking Fees – Agent will, however, proactively assign fees for piston single-engine and light piston twin-engine aircraft utilizing the envelope based assignment and collection system designed by the Principal. Envelopes providing the rates set by the Principal will be provided by the Principal at no cost to Agent. No Employer/Employee Relationship - Agent shall be an Independent Contractor: The parties agree that by this Agreement no employer/employee relationship has been formed between Principal and Agent. Rather, Agent shall be considered an independent contractor and shall not be entitled to any benefits, worker's compensation or insurance, but shall only receive the compensation described herein. Entire Agreement: The parties agree that this Agreement represents the entire agreement of the parties and no other prior, contemporaneous, or later communications shall be considered part of this Agreement unless this Agreement is hereafter amended by mutual agreement in writing. The Agent authority is limited to the provisions discussed in this agreement and no more. Within thirty (30) days of the end of the initial year of the Term, Principal and Agent agree to reevaluate the transaction costs charged to the Principal by the Agent for parking and landing fees collection (Items 2 and 3 above). Principal agrees to renegotiate these amounts in good faith if Agent so requests. Agency Agreement page 2 of 2 The Term of this agreement shall commence on May 1st 2006 and terminate on April 30th 2009. WITHNESS THEREOF, the parties have caused this agreement to be executed this ___ day of ________, 2006. CITY OF McCALL, IDAHO _______________________ William A. Robertson, Mayor Attest: _________________________ Joanne E. York, City Clerk McCALL AVIATION INC. _________________________ Daniel R. Scott, President