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HomeMy Public PortalAbout2012.05.31 Agency Agreement - McCall AviationAGENCY 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, 300 Deinhard Lane, 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 Airport Reference Codes (ARC) for codes B-II and greater. The listing of applicable aircraft by ARC will be provided to Agent by Principal. 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 five dollars ($5) per transient (non -enveloped only) aircraft parking fee collected and remitted by the Agent. 4. Reserve and provide six (6) tie -downs spaces for the exclusive use of the Agent. 5. Maintain and repair the Unicom and ASOS equipment ■ One (I) each ASOS Link computer monitor, Wyse keyboard, and Motorola UDS ■ One (1) Mentor Unicom radio transceiver 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. Agency Agreement page 1 of 2 December 3, 2009 The Term of this agreement shall commence on June 1st 2009 and terminate on May 31 S` 2012. WITHNESS THEREOF, the parties have caused this agreement to be executed this 3 day of December, 2009. CITY 0 cCALL, IDAH Attest: essieJo Wag ty Cler ert Kulesza, Mayor L AVI: ION C. 401 amel ' . Scott, Presiden Agency Agreement page 2 of 2 December 3, 2009