HomeMy WebLinkAboutKIN 96 036 Agree Klassics Prog.
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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.
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Clerk
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This AGREEMEBT made in TRIPLICATE this 1st day of May, 1996¡
BETWEEN:
TIlE CORPORATION OF TIlE TOWN OF KINCARDINE
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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.
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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.
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9.
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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.
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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.
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15.
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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.
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Gymnastics Program Agreement
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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.
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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.
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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
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yor - Charles'~: Mann .~ :
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Clerk - Maureen A. Cøut~e .'
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KINCARDINE KLASSICS
GYMNASTICS CLUB
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Pres~ ent - Allan Lowe
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