Loading...
HomeMy WebLinkAboutKIN 96 036 Agree Klassics Prog. - - e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1996-36 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE KINCARDINE KLASSICS GYMNASTICS CLUB WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with the Kincardine Klassics Gymnastics Club to operate the gymnastics program for the Town. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Kincardine Klassics Gymnastics Club to operate the gymnastics program for the Town. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with the Kincardine Klassics Gymnastics Club 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 "Kincardine Klassics Gymnastics Program Agreement By-law". READ a FIRST and SECOND time this 25th day of April, 1996. READ a THIRD time and finally PASSED this 30th day of April, 1996. ~ ~ Clerk ... ~ This AGREEMEBT made in TRIPLICATE this 1st day of May, 1996¡ BETWEEN: TIlE CORPORATION OF TIlE TOWN OF KINCARDINE .. hereinafter called the "Town" of the First Part. -and- KINCARDINE KLASSICS GYMNASTICS CLUB hereinafter called the . Club, of the Second Part. WHEREAS the Town currently has a gymnastics program through its recreation department¡ AND WHEREAS the Club wishes to operate the gymnastics program for the Town; AND WHEREAS it is in the best interest of both parties to reach an agreement on how the program shall be operated and to define the responsibilities of each party; ... NOW TllERBFORB HIS AGREBMBN'l' WI'l'IIBSSB'l'B '!'BAT the parties hereto covenant, promise and agree with each other as follows: 1. The gymnastics program is under the jurisdiction of the Town. 2. The Town appoints the Club as manager of the gymnastics program under the supervision of the Director of Recreation. 3." The Club shall be the employer of all employees of the gymnastics program. Each employee shall be required to have an employment contract with the Club which shall, at minimum, include the salary and benefits to be paid, the hours of work, the description of the responsibilities and tasks of the employee and the length of time of the contract. A copy of each contract shall be sent to the Town treasurer. . 4. The Town shall make available, to the gymnastics employees, all benefits provided to Town employees of the same classification. 5. The Town shall pay the gymnastics employees based on the time sheets given by the Club, that have been signed by an authorized official of the Club. All payroll costs shall be borne by the Club. 6. All expenses, other gymnastics employees Club. than payroll, incurred shall be paid directly by by the the 7. The gymnastics program shall be covered by the Town's general insurance policy. The Club shall be provided with a certificate of insurance following each renewal. 8. The Club shall have the use of the pavilion located at Connaught Park, for gymnastics, under the terms of the "Kincardine Gymnastics Club and Agricultural Society Agreement By-Law· number 1993-33 or any other agreement which may replace it. . ...2 .. , ~ ~ 9. . 10.(a) Page 2 Gymnastics Program Agreement The Town shall continue to provide the administrative services that are presently in place to help the Club operate the gymnastics program. Such services include registrations, office support services, bookkeeping, payroll, etc.. The Club shall be responsible to insure that, in a given year, all the revenues deposited with the Town shall exceed the expenditures that the Town incurs for the gymnastics program by $1,000. This amount shall help offset the Town's administration costs for the Club. Any surplus (over $1,000) or deficit (under $1,000) will either be reimbursed to the Club or paid by the Club. (b) Any expenses incurred for the Club, other than those provided for in this agreement, must be approved for payment by the Club before the Town can charge it to the Club's account. Both parties agree that the existing gymnastics equipment, at the date of this agreement, is the property of the Town and that any equipment purchased with the financial assistance of the Town will be the sole property of the Town. 12. Not withstanding clause 11 above, both parties agree that, effective of the date of this agreement, any gymnastics equipment purchased by the club without the financial assistance of the Town shall be the property of the Club. Proof of purchase shall be provided by the Club to support their claim to any gymnastics equipment. II. · 13. The and for Club affirms that it is a non-profit corporation all revenues and profit it realizes shall be used the benefit of the gymnastics program. 14. It is agreed that the Club shall be solely responsible for any current or future debts incurred by the Club as a result of the operation of the gymnastics program. · 15. · 16. Unless otherwise specified in this ~greement, any notices required under the provis~ons of this Agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the following addresses: To the Town: Clerk Town of Kincardine 707 Queen Street Kincardine, ontario N2Z 1Z9 To the Club: President Kincardine Gymnastics Club P.O. Box 221 Kincardine, Ontario N2Z 2Y7 Each party is responsible for supplying the other party with any changes in address. It is declared and agreed that this agreement and the covenants, provisos, and conditions herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the property of the parties hereto. ...3 ~ , . Page 3 Gymnastics Program Agreement ,.. 17. The words, "Town" or "Club", or the words "he" or "his" where used in this agreement, in addition to their accepted meanings, shall mean and include an individual, an associate, a partnership or an incorporated company. Wherever the singular is used herein, it shall be construed as including the plural, and wherever the masculine is used herein, it shall be construed as including the feminine, and vice versa in all cases. · 19. 18. The fáilure of either the Town or the Club to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or 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. 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. · · 20. This agreement is not assignable by the Club without the written permission of the Town. 21. It is agreed between the Parties hereto that no 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. 22. The term of this agreement shall be from the date of this agreement until December 31st, 1998. Renewal of this agreement shall be at the discretion of the Town. Should the Club no longer manage the gymnastics program this agreement shall automatically terminate. IN WI'l'IIBSS WHERBOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this~ day of -0..0,.;1:1. , I996. ThE¡! Club has hereunto set its hand and seal tHis ~C> day of ~....... 0 , I996. SIGNED, SEALED AND DELIVERBD in the presence of TIlE CORPORATION OF TIlE TOWIll OF KINCARDINE ~~~.~.> yor - Charles'~: Mann .~ : . ~ ~ .->.- - -". - ~ .' - .~. ,~ - ., . . . _v_'_ _, r. ,.._ ','. ~ . '.:,. '- _,'- Clerk - Maureen A. Cøut~e .' -:: . - · KINCARDINE KLASSICS GYMNASTICS CLUB ~_aAr-P. Pres~ ent - Allan Lowe ~'Y~