HomeMy WebLinkAbout05 101 Tiv Sports Ser Contract
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THE CORPORATION OF THE MUNICIPALITY OF KINCARD
BY-LAW
NO. 2005 -101
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN GREEMENT
WITH DENNIS TODD FOR THE PROVISION OF ARENA M AGEMENT
SERVICES OF THE TIVERTON AND DISTRICT SPORT CENTRE
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2) authorizes
municipalities to pass by-laws respecting matters within the spher of jurisdiction
of culture, parks, recreation and heritage;
AND WHEREAS pursuant to the said Municipal Act, Sections 8 a 9 (1) provide
municipalities with the powers of a natural person to enable them to govern their
affairs as they consider appropriate under this or any other Act d to enhance
their ability to respond to municipal issues;
AND WHEREAS The Municipality of Kincardine owns and operate the Tiverton
and District Sports Centre;
AND WHEREAS the Council for The Corporation of the unicipality of
Kincardine deems it advisable to enter into a service contract wit Dennis Todd
for the provision of management services at the Tiverton and District Sports
Centre from October 1, 2005 until April 9, 2006 and for that cont ct to continue
for the 2006-2007, 2007-2008 and 2008-2009 ice seasons;
NOW THEREFORE the Council for The Corporation of the unicipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into a service
contract agreement with Dennis Todd for the provision 0 management
services at the Tiverton and District Sports Centre.
2. That the Mayor and CAO be authorized to sign, on behalf of T e Corporation
of the Municipality of Kincardine, the Agreement with Dennis odd, attached
to this by-law as Schedule "A",
3. This By-law shall come into full force and effect upon its final assage.
4. This By-law may be cited as the "Tiverton and District Sport Centre Arena
Management Services Contract (2005) By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY PA SED this 13th
day of July, 2005.
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Mayor '
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This AGREEMENT made this~day of Julv 2005,
BETWEEN;
This is Schedul ".i." to By,LF
No.é)œ) - sed the .Li.....~y
of - <-( .¡ 200:r
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Mayor
THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Munici lity"
of the First Part,
- and -
DENNIS TODD
hereinafter called "Todd"
of the Second Part,
WHEREAS the Municipality owns and operates the Tiverton and D' trict Sports
Centre, located on the north side of Highway 21 in the former Villa of Tiverton;
AND WHEREAS the Municipality agrees to have Todd manage th Tiverton and
District Sports Centre and has directed that an Agreement be draft d;
. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in onsideration
of the premises and of the covenants and agreements hereinafter ontained and
other goods and valuable consideration, the receipt and sufficienc of which is
hereby acknowledged, the parties hereto agree as follows:
1.0 LENGTH OF CONTRACT
1.1 This contract shall be effect from October 1, 2005 until April 9, 2006 (ice
season of 27 weeks),
1.2 This contract will continue for the 2006-2007, 2007-2008, a d the 2008-
2009 ice seasons. (The weekly contract remuneration for e ch of these
ice seasons will be increased annually by 3%.)
2.0 TERMINATION OF CONTRACT
2,1 At any time through the duration of this contract, terminatio for cause
may occur, provided that 90 days written notice is given to e other party.
.
3.0 SCOPE OF CONTRACT
3,1
The contractor is totally responsible for alllàbour charges,
of contractors and specialists who are required to perform
maintenance on the building or equipment.
xcluding those
pairs and
3.2 The contractor will endeavor to faithfully execute all the du es of the arena
manager as outlined in Appendix A which is attached and rms part of
this agreement. The contractor will at all times exercise re sonable
judgement and will not permit violations to the Health and afety Act.
3.3 The contractor is authorized to make emergency expend it res up to
$1,000.00 but requires authorization to exceed this amoun .
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MANAGEMENT AGREEMENT - TIVERTON AND DISTRICT SP
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3.4 The contractor is directed to actively recruit ice rentals in ex ess of the
estimated 65 hours weekly. The arena will be closed on Ch stmas Day
and New Year's Day. The arena will be open on all other da s during the
ice season unless directed otherwise by the Recreational S rvices
Committee,
3.5 The Recreational Department is responsible for providing al necessary
supplies and equipment for the contractor to fulfill his contr torial
obligations.
4.0 REMUNERATION FOR CONTRACT
4.1 2005-2006 ice season (October 1, 2005 - April 9, 2006) 27 weeks,
$52,746,93 ($1,953,59 per week base rate plus GST).
4,2 Any hours above the 27-week contract period are to be pai at an hourly
rate of $18,00 per hour (reference Section 4,3 below)
4.3 The tender document was based on 65 hours rental per w ek. Accurate
hourly rentals for the arena will be maintained and present d monthly.
These records will be documented. as to show the number f rental hours
per week. At the end of December and the end of the ice ason these
records will be averaged to show the number of ice rental ours per week,
For this averaging the days taken to put in the ice and the ays required
for removing the ice will not be considered. If the average umber of ice
rental hours per week is in excess of 65, then the contract r will then be
paid additionally at the rate of $25.00 per hour for each ho r in excess of
the 65 hours per week. This payment will be made for the otal number of
weeks used in the averaging process. This payment will b made at the
end of December as calculated for the fall term of the ice eason and
again at the end of the ice season for that period from Jan ary 1 until the
end of the winter ice season.
4.4 The Municipality is to reimburse Mr. Todd up to $4,500 fo liability
insurance. Said policy shall include two million liability in rance, The
Municipality of Kincardine is named third party insured.
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MANAGEMENT AGREEMENT-TIVERTON & DISTRICT SPOR S CENTRE
SIGNED, SEALED AD DELIVERED
In the presence of
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THE MUNIC PALlTY OF
KINCARDIN
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Sutton
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CAO. - Jo n deRosenroll
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"APPENDIX An
TIVERTON ARENA CONTRACTOR OBLIGATION
. 1. Regulate all activity in the facility or its properly and supervi e all
bookings,
2. Ensure that building and public health standards are met.
3, To be responsible for hiring, supervision and payment of ad itional staff.
4. Establish shift schedules for staff and maintain payroll recor s of same,
5, Attend training and upgrading courses which are job relate subject to
Municipal approval and subsidization.
6. Establish control maintenance and preventative maintenan e schedules
for the physical plant.
7, Along with the Municipality, determine the annual budget fo the facility.
. 8. Actively promote the facility and seek out rentals wherever ossible,
9. Present monthly status reports to the Municipality.
10. Maintain a courteous working relationships with the public nd provide
information to the press and other media on facility activitie .
11, Perform general maintenance duties in administrative offic s, lobbies, and
all ramp areas. These duties include keeping all floors clea ,office
furniture dusted, tables and chairs stacked neatly, and gar age
receptacles emptied,
12. Perform the necessary duties to ensure that the washroo are neat and
clean at all times. Ensure that all supplies are replenished requently.
13. Maintain the arena change rooms and spectator gallery to nsure that
they are neat and clean at all times.
14. Ensure that the ice surface is in the best possible conditìo
. Perform seasonal duties on the ice area as required.
15. Maintain all equipment used and make mi~or repairs whe possible, All
major repairs to be approved by the Committee in advanc
16. Keep the outside areas free of litter. In the winter the Man ger will be
responsible for having the snow removal contractor clear e outside
areas, The manager or designate is responsible to have a I exit doors kept
operable whenever the building is occupied, as well as ha ing a ten foot
path shoveled outwards from each exit door.
17. Issue receipts to all paid ice rentals, using a numbered tri licate receipt
book. Beginning with the first Monday after one complete eek of ice
rentals and every Monday thereafter, deposit with the Tre surer of the
Municipality of Kincardine all monies and ice rental charg s balanced to
the total weekly ice rentals,
18, Perform other duties as required for efficient manage men of the facility,
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