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HomeMy Public PortalAboutUnicom Agreement 2003AGENCY AGREEMENT In consideration of the covenants 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, hereafter 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: Operate and manager the Unicom (CTAF) facility pursuant to Federal Aviation Administration and Federal Communications Commission regulations. (Ref: FCC Part 87, subpart C; FAA AIM) Report any unsafe conditions, practices or equipment failure, any violations of the McCall City Code pertaining to the use of the airport immediately to the Airport Manager. Manage, Assign and collect for all transient aircraft tie-downs spaces at the rates set by the Principal. Monitor AWOS and make emergency broadcasts of weather and altimeter data in case of AWOS failure. Monitor the McCall NDB, report any signal failure or any deficiency with the broadcasted NDB signal, immediately to the Airport Manager. Log all commercial and large aircraft traffic, which is represented by the Federal Aviation Administration in the Aircraft Design Groups (ADG) B, C, & D. Submit Logs to the Principal per request of the Principal. Provide Workers Compensation insurance on Agency employees and provide Principal a copy of a current certificate of insurance. Provide liability insurance in an amount not less than $500,000 and list the Principal as an additional insured. A copy of the current insurance certificate should be provided to the Principal. The Principal shall provide the following support: Pay the Agent $125.00 for each month during the term. Reserve five (5) tie-downs spaces for the exclusive use of the Agent. Tie-down spaces #52 #53 #54 #55 #56. Maintain and repair the city owned Unicom equipment. One (1) ASOS Link computer monitor One (1) ASOS Wyse keyboard One (1) ASOS Motorola UDS One (1) Mentor Unicom radio transmitter/receiver 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. Maintain Insurance: Agent shall maintain the insurance required above and give Principal immediate notice if such insurance is terminated. 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. The terms of this agreement shall commence June 14th 2003 and terminate June 14th 2008. If the Agent status changes, such as sell or transfer of current holdings or other terms of this agreement are violated, the cCity of McCall reserves the right to void this agreement. Non –Appropriations: In the event the City fails to appropriate sufficient funds for this agreement in any budget year, the agreement is null and void. The City shall only owe the Agent that amount that had been duly appropriated in any budget year. If the City fails to appropriate funds for this contract the Agent shall have no recourse against the City to collect the contract amount or seek any other damages for the non-appropriation. WITNESS THEREOF, the parties have caused this agreement to be executed this 13th day of June, 2003. CITY OF McCALL, IDAHO _______________________ Ralph Colton, Mayor Attest: _________________________ Barbara Bauer, City Clerk McCALL AVIATION INC. _________________________ Dan Scott, President