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HomeMy WebLinkAbout00 013 Tiverton Arena Contract ~ENDED/REPEALED BY BYIlAW NO. :;'000- 1(" DATEn .J",,,,€ ,'/; 3000 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW NO. 2000 - 13 A BY-LAW TO AUTHORIZE THE SIGNING OF A CONTRACT WITH DENNIS TODD FOR THE PROVISION OF ARENA MANAGEMENT SERVICES OF THE TIVERTON AND DISTRICT SPORTS CENTRE FOR THE MUNICIPALITY OF KINCARDINE ~. ~ WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into a service contract with Dennis Todd for the provision of Tiverton and District Sports Centre arena management for the Municipality of Kincardine. AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into a service contract with Dennis Todd for the provision of these services; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into a contract with Dennis Todd for the provision of Tiverton and District Sports Centre arena management services for the Municipality; 2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine the contract with Dennis Todd attached to this by-law and to affix the corporate seal as and when required. e 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Tiverton and District Sports Centre Arena Management Services Contract, By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 9th day of February, 2000. ~~ " ~_n e · J ., . · · · . This AGREEMENT made this qoft. day of hb~....... t BETWEEN: ,2000. THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, - and - DENNIS TODD hereinafter called "Todd" of the Second Part. WHEREAS the Municipality owns and operates the Tiverton and District Sports Centre, located on the north side of Highway 21 in the former Village of Tiverton; AND WHEREAS the Municipality agrees to have Todd manage the Tiverton and District Sports Centre and has directed that an Agreement be drafted; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and of the covenants and agreements hereinafter contained and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1.0 LENGTH OF CONTRACT 1.1 This contract shall be in effect from October 1, 1999 until April 9, 2000 (ice season of 27 weeks). 1.2 This contract may be terminated without cause by either party during this preliminary period of 27 weeks provided that 60 days written notice of termination is given to the other party. 1.3 This contract will continue for the 2000-2001 and the 2001-2002 ice seasons at the same rate of weekly remuneration as established by the preliminary ice season (27 weeks). 1.4 This contract will continue for the 2002-2003, the 2003-2004, and the 2004-2005 ice seasons. The weekly contract remuneration for each of these ice seasons will be increased annually by an amount equal to that generated by multiplying the base rate by the consumer price index cost of living increase for the previous calendar year. 2.0 TERMINATION OF CONTRACT 2.1 During the initial ice season termination may occur as noted in Section 1.0, Article #2. 2.2 At any time through the duration of this contract, termination for cause may occur, provided that 90 days written notice is given to the other party. . . ./2 < ! . . PAGE 2 MANAGEMENT AGREEMENT - TIVERTON & DISTRICT SPORTS CENTRE 3.0 SCOPE OF CONTRACT 3.1 The contractor is totally responsible for all labour charges, excluding those of contractors and specialists who are required to perform repairs and maintenance on the building or equipment. 3.2 The contractor will endeavor to faithfully execute all the duties of the arena manager as outlined in Appendix A which is attached and forms part of this agreement. The contractor will at all times exercise reasonable judgement and will not permit violations to the Health and Safety Act. 3.3 The contractor is authorized to make emergency expenditures up to $200.00 but requires authorization to exceed this amount. The chairman of the Arena Management Committee secures this authorization. - 3.4 The contractor is directed to actively recruit ice rentals in excess of the estimated 65 hours weekly. The arena will be closed on Christmas Day and New Year's Day. The arena will be open on all other days during the ice season unless directed otherwise by the Arena Management Committee. 3.5 The Arena Management Committee is responsible for providing all necessary supplies and equipment for the contractor to fulfill his contractorial obligations. 4.0 REMUNERATION FOR CONTRACT 4.1 1999-2000 ice season (October 1, 1999 - April 9, 2000) 27 weeks, $43,500 ($1611.11 per weekbase rate). 4.2 Any hours above the 27-week contract period are to be paid at an hourly rate of $15.00 per hour (reference Section 4.4 below). . 4.3 Subsequent ice seasons as noted in Section 1.0. 4.4 The tender document was based on 65 hours rental per week. Accurate hourly rentals for the arena will be maintained and presented monthly. These records will be documented as to show the number of rental hours per week. At the end of December and the end of the ice season these records will be averaged to show the number of ice rental hours per week. For this averaging the days taken to put in the ice and the days required for removing the ice will not be considered. If the average number of ice rental hours per week is in excess of 65, then the contractor will then be paid additionally at the rate of $25.00 per hour for each hour in excess of the 65 hours per week. This payment will be made for the total number of weeks used in the averaging process. This payment will be made at the end of December as calculated for the fall term of the ice season and again at the end of the ice season for that period from January 1 until the end of the winter ice season. . 4.5 The Municipality is to reimburse Todd for any costs for Worker's Compensation. ; ~. . PAGE 3 MANAGEMENT AGREEMENT - TIVERTON & DISTRICT SPORTS CENTRE . SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~~¡ . .' THE MUNICIPALITY OF KINCARDINE ~ ¿-.~ per l;i .~~ Mayor - GordonJ II . < " / ..., ,:::. . ~ k. C'- car -f-~ --.. ~ t'"""'\D·."f::' - _ . -. l~ Clerk- Rosaline Gnù1a"!~>~ ARENA MANAGER per...ð"~ ~ Dennis Todd . . "APPENDIX A" . TIVERTON ARENA MANAGER JOB DESCRIPTION 1. Regulate all activity in the facility or its property and supervise all bookings. 2. Ensure that building and public health standards are met. 3. To be responsible for hiring, supervision and payment of additional staff. 4. Establish shift schedules for staff and maintain payroll records of same. 5. Attend training and upgrading courses which are job related subject to Municipal approval and subsidization. 6. Establish control maintenance and preventative maintenance schedules for the physical plant. . 7. Along with the Municipality, determine the annual budget for the facility. 8. Actively promote the facility and seek out rentals wherever possible. 9. Present monthly status reports to the Municipality. 10. Maintain a courteous working relationship with the public and provide information to the press and other media on facility activities. 11. Perform general maintenance duties in administrative offices, lobbies, and all ramp areas. These duties include keeping all floors clean, office fumiture dusted, tables and chairs stacked neatly, and garbage receptacles emptied. . 12. Perform the necessary duties to ensure that the washrooms are neat and clean at all times. Ensure that all supplies are replenished frequently. 13. Maintain the Arena change rooms and spectator gallery to ensure that they are neat and clean at all time. 14. Ensure that the ice surface is in the best possible condition at all times. Perform seasonal duties on the ice area as required. 15. Maintain all equipment used and make minor repairs when possible. All major repairs to be approved by the Committee in advance. « 16. Keep the outside areas free of litter. In the winter the Manager will be responsible for having the snow removal contractor clear the outside areas. The manager or designate is responsible to have all exit doors kept operable whenever the building is occupied, as well as having a ten foot path shoveled outwards from each exit door. .. ./2 , . . M Page 2 Tiverton Arena Manager Job Description . 17. Issue receipts to all paid ice rentals, using a numbered triplicate receipt book. Beginning with the first Monday after one complete week of ice rentals and every Monday thereafter, deposit with the Treasurer of the Municipality of Kincardine all monies and ice rental charges balanced to the total weekly ice rentals. 18. Perform other duties as required for efficient management of the facility. . . ., -~