HomeMy WebLinkAboutKIN 96 066 Crossing Guard-Brnham
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1996-66
A BY-LAW TO AUTHORIZE THE
AGREEMENT WITH MIKE BURNHAM
SIGNING OF AN EMPLOYMENT
WHEREAS the Council for The Corporation of
Kincardine deems it advisable to enter into
agreement with Mike Burnham to act as a school
at Elgin Market School;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
the Town of
an employment
crossing guard
1. That The Corporation of the Town of Kincardine enter into
an employment agreement with Mike Burnham to act as a
school crossing guard at Elgin Market School.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, an
employment agreement with Mike Burnham, which is attached
to this by-law and to affix the Town's Corporate seal as
and when required.
3. The by-law shall come into full force and effect upon its
final passage.
4.
This by-law may be cited as the "Mike Burnham School
Crossing Guard Employment Agreement 1996-97"
READ a FIRST and SECOND time this 3rd day of September, 1996.
READ a THIRD time and finally PASSED this 3rd day of September,
1996.
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This AGRBEMBHT made this 28th day of August, 1996.
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BETWEEN:
TlΠTOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
HID BORIIBAM
hereinafter called the "~loyee"
of the Second Part
WHEREAS the Town desires to hire, under contract, employees
that will act as school crossing guards;
AHD WHEREAS the Town agrees that the employee work as a
school crossing guard at Elgin Market School and have
directed that an agreement be drafted;
NOW TlŒIŒFORE THIS AGRBEMBHT WITNBSSE'l'B THAT
consideration of the premises and of the covenants
agreements hereinafter contained and other goods
valuable consideration, the receipt and sufficiency
which is hereby acknowledged, the parties hereto agree
follows:
in
and
and
of
as
1.0 R-1"ONSIRIT JTIE8 OF 'I'HR EMPLOYEE (Second Part)
1.1 The employee shall report to the Manager of Public
Works or his designate.
1.2 The employee shall assist school children in crossing
at designated school crossings safely by stopping
traffic and directing children.
1.3
The employee shall promote safety awareness;
example, advising the children to get off
bicycles when crossing the street.
for
their
1.4 The employee shall report traffic violations, which
may impact on the safety of the children, to the
police.
1.5 The employee shall respond to an accident or other
emergency by obtaining assistance.
1.6 Without limiting the generality of the foregoing, the
employee shall perform such duties as may from time to
time be reasonably assigned by the designated
supervisor.
2 . 0 KNOWLEDGE. S1nT.J SOl AND AD" .1TIF.s
2.1
The employee is required to have a general
of the applicable rules and regulations of
Traffic Act.
knowledge
the Highway
2.2
The employee must have the
effectively and in a friendly
other members of the public.
ability to communicate
manner with children and
3.0 EFFORT AND WORKING CONDITIONS
3.1 The employee is required to stand for long periods of
time while performing his/her duties.
3.2 The employee is required to be alert to situations
which may be hazardous.
3.3 The employee's working environment contains some
discomforts including exposure to all types of weather
conditions.
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Crossing Guard Employment Agreement
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4.0 WOFKING HOURS AND TRAINING
4.1 The employee shall be required to work the following
hours, Monday to Friday, on days that the school is
open:
8:30 a.m. to 9:00 a.m.
11:45 a.m. to 12:45 p.m.
3:30 p.m. to 4:00 p.m.
Any additional time, added to this schedule, must be
approved by the Manager of Public Works.
4.2 No absences shall be permitted unless approved by the
Public Works Manager or his designate.
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4.3 The employee is expected to take full advantage of all
training courses which may be available. The Town
will reimburse the employee for expenditures for
training, provided the Town recognizes the course
being offered, approves of the expenditure in advance,
is presented with proof of a successful completion and
receipts of related expenditures.
5.0 FINANCIAL OBLIGATIONS
5.1 The Town shall pay to the employee an hourly rate of
$9.00 per hour worked, plus 4% vacation pay (vacation
pay to be included on each paycheque).
5.2 The Town shall pay the employer's portion of premiums
for the following benefits;
Employment Insurance
Canada Pension Plan
Employers Health Tax
Worker's Compensation Board
5.3 The Town shall supply safety vests, rain coats and
hats for the employee; these items remain the property
of the Town.
6.0 DURATION OF AGRF.F.I\ŒNTS
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6.1
This
and
1996
Agreement shall come into
be binding on all parties
to June 20th, 1997.
full force and effect
from, September 3rd,
6.2 Either party may terminate this Agreement upon 30 days
notice by mailing a notice of termination by
registered or certified mail, or delivered by hand, to
the other party at the appropriate address.
7.0 AGRF.EMENT TO BE BINDING
7.1 This Agreement and everything herein contained shall
respectively inure to the benefit of and be binding
upon the said parties hereto, their heirs, executors,
administrators, successors and assigns, respectively.
8.0
8.1
- 9.0
9.1
ASSIGNMENTS
This Agreement is not assignable without the written
permission of the other party.
COMPLETE AGRF.F.l\ŒNT
This Agreement, when executed, shall constitute the
entire Agreement between both parties and may not be
amended, modified or terminated except by an amending
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Crossing Guard Employment Agreement
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10.0 APPUCABLE LAW
10.1 This Agreement and the construction and enforceability
thereof shall be interpreted under the laws of the
Province of Ontario and the Dominion of Canada.
11.0 NO WAIVER
11.1 The failure of any party to insist upon the strict
performance of the terms and conditions hereof shall
not constitute or be construed as a waiver of
relinquishment of either parties' rights to thereafter
enforce the same in accordance with this Agreement in
the event of a continuing or subsequent default on the
part of either party.
12 . 0 SEVERABIT .I'I'V
.
12.1 It is mutually agreed that in the event that any
clause or provision of this Agreement or any part
thereof shall be declared invalid, void or
unenforceable by any Court having jurisdiction, such
invalidity shall not affect the validity or
enforceability of the remaining portions of this
Agreement unless the result would be manifestly
inequitable or unconscionable.
13.0 NON·PERFORMANCE
13.1
Not withstanding clause 6.2, it is
parties that if the employee
conscientious and efficient work
satisfaction of the Town this
terminated with no notice.
agreed between the
fails to provide
which is to the
agreement may be
11.1 It is agreed between the parties hereto that neither
party shall be held responsible for damages caused by
delay or failure to perform its obligations hereunder
when such delay or failure is due to fires, strikes,
floods, acts of God, lawful acts of public authorities
or delays which cannot reasonably be foreseen or
provided against.
tit 12.0 FUR-TRF.1t DOCUMENTS
12.1 The parties shall execute and deliver all documents
and perform all further actions that may be reasonably
necessary under the provisions of this Agreement.
SIGNED, SEALED AND DELIVERED
in the presence of
) TlŒ '1'Oiß1 OF KIRCARDDm
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) Mayor - Charles p~ ~nn= ~ ~ ~:-è
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TlΠ-EMPLOYEE-
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Mike Burnham'