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HomeMy WebLinkAbout04 097 agreement ksf ppbso 2004 e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE NO. 2004 - 97 A BY-LAW TO AUTHORIZE THE SIGNIN OF A MEMORANDUM OF AGREEMENT WITH THE PIPE S' & PIPE BAND SOCIETY OF ONTARIO ON BEHALF OF THE KINCA INE SCOTTISH FESTIVAL COMMITTEE WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers a d privileges of a natural person for the purpose of exercising its authority unde this or any other act; AND WHEREAS Section 9 of the Municipal Act, 2001, S.O 2001, c. 25, as amended confers broad authority on municipalities to enable th m to govern their affairs as they consider appropriate and to enhance their abi ity to respond to municipal issues; AND WHEREAS the Council for The Corporation of th Municipality of Kincardine deems it advisable to enter into a Memorandum f Agreement, on behalf of the Kincardine Scottish Festival, with the Pipers' & ipe Band Society of Ontario (hereinafter called the PPBSO) for services and in respect of mutual responsibilities and obligations; NOW THEREFORE the Council for The Corporation of th Municipality of Kincardine ENACTS as follows: 1. That the Council for The Corporation of the Municipality Kincardine enter into a Memorandum of Agreement, on behalf of the K ncardine Scottish Festival with the PPBSO in respect of mutual re ponsibilities and obligations relevant to the Highland Games to be held t e 3'd day of July, 2004 at Victoria Park in the Municipality of Kincardine. 2. That the Council for The Corporation of the Municipality of Kincardine, on behalf of the Kincardine Scottish Festival, engage th services of the PPBSO in the presentation, conduct and administrat on of all piping, drumming, band and related events of the Highland Ga es to be held on the 3rd day of July, 2004 at Victoria Park in the Municipal y of Kincardine; 3. That the Mayor and Clerk be authorized to sign, n behalf of The Kincardine Scottish Festival the Agreement with the Pi ers' & Pipe Band Society of Ontario attached to this by-law as Schedule" n and to affix the corporate seal; 3. This By-law shall come into full force and effect upon its final passage. .../2 e e e - By-law No. 2004 - 97 . Kincardine Scottish Festival 2004 PPBSO Agreemen~, By-Jaw Page 2 : This By-law may be cited as the "Kincardine Scottish FestIval 2004 PPBSO Agreement, By-law". READ THREE TIMES and FINALLY PASSED this 161h day of [June, 2004. ßJg· ß. ~ - Mayor" \ Clerk . . . , . MEMORANDUM OF AGREEMENT BETWEEN: THE KINCARDINE SCOTTISH FESTIVAL COMMITTEE, of the Municpality of Kincardine, in the County of Bruce, Province of Ontario, hereinafter referred to as the Committee. The Party of the First Part AND THE PIPERS' & PIPE BAND SOCIETY OF ONTARIO, having its Head Office in the Town of Milton, in the Regional Municipality of Halton, Province of Ontario, hereinafter referred as the PPBSO. The Party of the Second Part WHEREAS the Committee will host Highland Games to be held on the 3" day of July 2004, at Victoria Park, in the Municipality of Kincardine, County of Bruce, Province of Ontario. NOW THEREFORE the Committee hereby wishes to enter into a contract with the PPBSO to engage its' services in the presentation, conduct and admini<tration of all piping, drumming, band and related events of the said Highland Games and the PPBSO hereby agrees to enter into sucb a contract with the Committee. AND WHEREAS the following is a summation of the agreement, understanding and responsibilities of each Party to this contract. It is understood and agreed that with the prior agreement of both Parties hereto, circumstances may necessitate the deletion, or amendment, in whole or in part, of any of the provisions outlined herein. a) SANCTIONED GAMES The PPBSO has sanctioned the said Games. It is understood and agreed that those events in which the PPBSO is involved, shall be administered in accordanee with, and governed by, the Rules and Regulations of the PPBSO. All participants in such events, whether members or non-members of the PPBSO, shall adhere to the said Rules and Regulations and the PPBSO shall be at liberty to enforce same, as it, in its' sole discretion, shall deem appropriate. b) FIRST MASSED BANDS The first massed hands shall take place on the grounds and shall be comprised of such number of bands as the PPBSO deems appropriate, considering the starting time of the Pipe Band competitions, which shall commence immediately following the First Massed Bands. The bands shall playa Medley of tunes, in such form and in such manner, as has been historically approved by the parties hereto. The time of such event shall be immediately following the opening ceremonies, which ceremonies, shall be detennined by the Committee in its' sole discretion. 0) SECOND MASSED BANDS The second massed bands shall take place on the grounds and shall be comprised of all bands eligible for travel expenses and shall be at such time as agreed upon by both parties hereto. This event shall form part of the closing ceremonies of the Games and shall include the playing of a medley of tunes by the Massed Bands, in such form and in such manner as has . . . , . -2 - been historically approved. In addition, the awarding of prizes and trophies to bands and other competitors will then be announced. d) PUBLIC ADDRESS SYSTEM A Public Address System shall be provided by the Committee, at its' own expense, for its' own use and the use of the PPBSO. Said system shall be located in such a manner and sound checked, so as to provide a minimum of interference to solo and band competitors. e) ADMISSION Admission to the Games by PPBSO officials, adjudicators, competitors and other duly authorized personnel, shall be by a pass issued by the Committee to all of the above, or by Admission Cards, issued by the PPBSO to the above and accepted by officials of the Committee at all points of entry, by punching a hole in said card in the designated area. The method of admission shall be agreed upon by both Parties hereto, prior to the Garnes and shall be made known to those concerned. f) ENTRY FORM An Entry Form for all events in which the PPBSO is involved, shall be printed and distributed by the PPBSO, at its' own expense and in its' own format All inquiries received by the Committee involving said events shall be forwarded to the PPBSO. Said Entry Form shall recite applicable rules governing the various competitions, as well as all music and tune requirements for the different band and solo competitions. At designated Games, a band may compete in a higher grade. This shall be determined by the PPBSO, in its' sole discretion, but will not affect prize money in any way. g) ENTRY FEES It is understood and agreed by the Parties hereto, that all entry fees paid by competitors to the PPBSO, shall remain the exclusive property of the PPBSO and shall not be used for any financial calculation, off-set or any other purpose whatsoever, by the parties hereto. h) GENERAL DUTIES It is understood and agreed by the Parties hereto, that the PPBSO shall be responsible for and administer all solo competition events for piping, drumming and drum majors, as well as all band competitions and Massed Band performances. Without limiting the generality of the foregoing, this shall include: notifying its' membership and other competitors of the date and location of the Garnes; posting pertinent information of the Games on its' web site; receiving, accepting and/or refusing all solo and/or band competition entries; scheduling all solo and/or band competition events; engaging all Adjudicators required for solo and/or band events; establishing all fees, allowances and expenses for the Adjudicators and assuming sole responsibility for payment of same; engaging all Stewards required for solo and/or band events; establiahing all fees, allowances and expenses for the Stewards and asswning sole responsibility for payment of same; engaging all Administrative Personnel to supervise, compile and announce the winners of all events; establishing all fees, allowances and expenses for the Administrative Personnel and assuming sole responsibility for payment of same. - . . . i ¡ L -3- 1) EQUIPMENT AND FACILITIES The Committee shall provide for the use of the PPBSO, thirteen (13) tables and thirteen (13) chairs. Said tables and chairs shaH be on the field and available for use by 8:00 a.m on the morning of the Garnes. In addition, the Committee shall provide as many "boards or platforms" as it has available, for use by solo competitors, by 8:00 a.m on the morning of the Games. Proper facilities and electric power for use by PPBSO computers and administrative staff will be available. PPBSO officials and administrative personnel will be allowed to park their vehicles inside the grounds. j) SOLO AMATEUR PIOBAIREACHD & LIGHT MUSIC COMPETITIONS: /MAXVILLE GAMES ONLy) It is understood and agreed, between the Parties hereto, that the Solo Amateur Piobaireachd & Light Music Competitions will be held on the grounds, on Friday July 30, 2004, commencing at 8:30 a.m in the forenoon. k) TROPHIES AND MEDALS The Committee shall supply at its' expense and deliver to the designate of the PPBSO, at or before 9:00 a.m on the day of the Games, 26 sets of Gold, Silver and Bronze medals. Said medals to be awarded to the first, second and third place winners in each of the scheduled Amateur events. 1) PRIZE MONEY - PROFESSIONAL SOW EVENTS The Committee shall pay the following prize money to the winners of the Professional Solo Events. The Committee shall deliver cheques for each of the foHowing events, to the Treasurer of the PPBSO, or his designate, by 9:00 a.m on the day of the Games. Said cheques shaH be completed in their entirety, other than the Payee, which shall be left blank. The PPBSO shall complete the name of the Payee on each cheque prior to releasing same. Before the conclusion of the day's events, the PPBSO shall provide the Committee with a list of the winners of each event in the various categories EVENT I" Z" 3'" 4'h Over 50 MfSIR - PiDÎOIl $ 45.00 $ 35.00 $ 25.00 $15.00 Professional March - PipÎOll 45.00 35.00 25.00 15.00 Professional SIR - PiDÎOIl 45.00 35.00 25.00 15.00 Professional ]i" - PiDin" 45.00 35.00 25.00 15.00 Professional Piohaireachd - Pinin" 65.00 45.00 35.00 25.00 Professional MfSIR - Snare Drum 65.00 45.00 35.00 25.00 Professional WJ - Snare Drum 65.00 45.00 35.00 25.00 Professional Bass Drum 30.00 20.00 15.00 Professional Tenor Drum - Flour. 30.00 20.00 15.00 Professional Drum Maior 40.00 30.00 25.00 m) COMMUNICATION OF INFORMATION Within seven(7) days of the closing date of entries for bands to compete in the said Games, the PPBSO shall provide information to the Committee on the bands entered, so as to enable the Committee to complete and publish its' Games Program. Such information shaH be limited to that which has historically been provided to the Committee. . . . . l -4- 0) BANDS - PRIZE MONEY The Committee shall pay to the winning bands in the band competition, prize money as per the following: 1" 2'" 3'" 4" Sm Grade 1 $1,200. $1,000. $ 800. $ 600. $ 400. Grade 2 1,000. 800. 600. 400. 200. Grade 3 800. 600. 400. 200. 100. Grade 4 600. 400. 300. 150. 75. Grade 5 400. 200. 150. 75. 50. 0) LIMITATION ON NUMBER OF BANDS It is understood and agreed by the Parties hereto that the cumulative number of bands in all grades shall not exceed Twenty -two (22). Band entries shall be accepted on a first come first serve basis. p) REIMBURSEMENT FOR BAND TRAVEL EXPENSE The Committee shall pay to each and every band that participates in the First and Second Massed Bands, save and except those bands that were exempted from the First Massed Bands by the PPBSO by reason of their position of play in the Band Competitions, an amount in accordance with the following scale, based on distance traveled, one way, from their home base as registered with the PPBSO, to the Games site: 00 - 50 KM $ 125.00 51 - 100 KM $ 215.00 101 - 200 KM $ 275.00 201 - 300 KM $ 335.00 301 - 400 KM $ 395.00 401 - 500 KM $ 450.00 501 + KM $ 475.00 q) PERFORMANCE FEE In consideration of the PPBSO perfonning its obligations as herein set forth, the Committee shall pay to the PPBSO, prior to the conclusion of the SecQnd Massed Bands, and amount equal to the specific expenses incurred by the PPBSO in the performance of the said obligations. The PPBSO shall deliver to the Treasurer of the Committee or his designate, a certified statement of the said expenses, in a form as set out in Schedule "A" attached hereto. r) FACSIMILE COMMUNICATION i) The Parties hereto acknowledge and agree that any alteration or amendment to this Agreement may be made and accepted by the Parties by telegram, telex or facsimile. Any notice required or permitted to be given in this Agreement, shall be in writing And may he sufficiently given by personal service or by sending same by telex, telegram, or facsimile or other similar means of prepaid recorded communication, to the other party at the addresses provided from time to time. ii) . . . 'l -5 - IN WITNESS WHEREOF, THE PARTIES HERETO HAVE AFFIXED THEIR HAND AND SEAL AND BY SO DOING, HAVE SIGNIFIED THEIR AGREEMENT AND UNDERTAKING TO THE FOREGOING AND THEREFORE, THIS AGREEMENT SHALL BECOME BINDING AND ENFORCEABLE. Dated at ?1"~..~/thiS If, day of ~~~~/ 2004. SIGNED, SEALED AND DEUVERED in the presence of: IN WITNESS WHEREOF I have hereunto set my hand and seal: THE KINCARDINE SCOTTISH FESTIVAL COMMITIEE t9' ~ ~j-Lc -WITNESS . ~- ~~. I have authority to bind the Committee Date Rosaline M. Graham, Clerk (Name and title) Dated at HI L-rD,J this 23,d day of .þpf?-i'L- 2004. SIGNED, SEALED AND DELIVERED In the presence of: IN WITNESS WHEREOF I have hereunto set my hand and seal: THE PIPERS' & PIPE BAND SOCIETY OF ONTARIO WITNESS ~ýCT1 ~flIL'" (: (Name and title) . Adn-lù¡ I"I"'ßSo. ¡ 'l ¡. -6- . This is Schedule " A" to be attached to and form an integral part of the MEMORANDUM OF AGREEMENT dated the................ day of ........................2004, between the KINCARDINE SCOTTISH FESTIVAL COMMITTEE and THE PIPERS' & PIPE BAND SOCIETY OF ONTARIO. The following are the expenses incurred by the PPBSO in fulf1l1ing its' obligations to the COMMITTEE relative to the year 2004 KINCARDINE IDGHLAND GAMES, (with comparable figures for 2003, ifapplicable). . EXPENSE Year 2004 Year 2003 $ 1 450.00 892.20 945.00 510.00 674.90 539.55 261.51 100.00 510.00 411.82 $ 6 294.98 CER IED~ ..... .. ....... .. PBSO Autho . Signature) . 1___ __