HomeMy WebLinkAbout07 338 County of Bruce Day Nursery Agreement
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IHIO CORPORATION orT)!!' MIJNICII'ALlTY OF KE,CAROlNb:
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NO. ZOO? -338
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE
CORPORATION OF THE COUNTY OF BRUCE FOR THE FURNISHINGS OF
RECREATIONAL SERVICES
AND WHEREAS the Day Nurseries Act, KS.Q. 1990, c_D.2 Section 3 (3) slales
that a delivery agent may, subject to this Act and the regulations, enterinlo an
agreement with the operator of a day nursery for the furnishing of day nursery
services for such children as is agreed upon, and the administrator may make
expenditures as are necessary for the purpose.
AND WHEREAS Section 8 (1) of the Municipal Act, 2001, S,O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges ofa nat ural person
for the purposes of exercising its authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an agreement with The Corporation of
the County of Bruce for fee subsidy for children with approved Recreational
Agencies for the furnishings of recreational 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 an
agreement with The Corporation of the County of Bruce for the fee
subsidy for children with approved Recreational Agencies for the
furnishings of recreational services.
2. That the Mayor and CAO be authorized to sign, on behalf of the
Corporation of the Municipality of Kincardine, the agreement with The
Corporation of the County of Bruce, which is attached hereto as Schedule
"A".
3. This by-law shall come into full force and effect upon its final passage.
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County of Bruce Day Nursery Agreement By-law
By-law No. 2007 -338
4. This by-law may be cited as the "County of Bruce Day Nursery
Agreement By-law",
READ a FIRST and SECOND TIME this 7th day of November, 2007.
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READ a THIRD TIME and FINALLY PASSED this yth day of November, 2007.
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BY-LAW NU,''vfBER 4251
THIS AGREEMHNl' made in triplicate this 6th dav of April 2006 A.D.
BETWEEl'i:
fur; CORPORATlOiV OF iRE
CO[.~VTY OF BRUCE
Hereinafter called the Municipality
OF THE FIRSl'l'ART,
-and-
The Municipality of Kincardine - Davidson Recreation Centre
HereinajlercalledtheOperatoi'
OF TIlE SRCOND P A1G:
WHEREAS The Vay iVurseries Act and amendments thereto authorizes the
Municipality 10 enter into an agreemenl Iorfee subsidy for children with approved Recreational
Agencies for the filJ'l1ishing of recreational services.
And 'whereas Section 1 of Regulatioil 262 under the Dav Nurseries Act dejines
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"Children's Recreation l'rogram" by re}erence to a schedule under Regulation 797 of the
/'vfinistr;r of Tourism and Recreation At!. The schedule is asfollows:
Children's Recreation Service Providers are dejined as:
I, Recreation committees appointed hy,
i the council of a local mWlic:ipality,
ii. the councils of two or more locai municipalities,
III. the council of the band,
IV. the councils oflwo or more hands,
v. the council of one or more local municipalities and the c01mcil ofune or
morebailds
VI. a school board
WI. two or more school boardl
VIII. o local services hoard
2. Recrealion camp organi::atioFis accredited by the On/ario Camping Association
3. Sports organizations that are members or affiliates of provim:ial sports
organizations thol are recognized by the Ministry of Citizenship, Culture and
Recrealion.
4 Alinistrya/CItizenship, Culture and Recreation agencies_
5. ]ifinislr}' ofl'ourism agencies and attractions_
6 Organizations thai are recognized as children's recreation service providers by a
resolulion passed by the entity described in subparagraphs i, ii, iii, iv, v, vi, vii or
vjjj a/paragraph J that appoinred the recreation committee in Ihe jurisdiction in
which the orgonizalt'onoperates.
A/I/D WfJEREAS the Operator operates a recreation program under the name oflhe
Municipality of Kincardine - Davidson Recreation Centre.
AND WiJRREAS the By-J"aw ,','umber 4251 passed by the Council of the Municipality on
the 6th day of April 2006 A.D., the A1unicipality was authorized to enter into an Agreement with
the Opertltorfor the furnishing of recreational services andfor the payment therefore by the
Municipality. on the terms arid eonditions hereinafier Se!forth; and the Warden and Clerk of the
Municipality were authorized to exewte the agreement on behallofthe Mlmicipality-
IVOW YlIEREFORI:' Ull.') AGREA,MENT WIT'I'ESSETII THAT in consideration of
the mutual terms and covenants hereinafter made and contained, the Parties hereto covenant
andagreeasfollo'ws:
J The Operator shall furnish the recreational services as prescribed in the
regulations under the said Act at the said recreational program to each child enrolled therein
and approved by the Municipality.
2 Subsection 66,1 (2) qfRegulation 262 under the Day lVurseries Act designates the
prescribed services which can be included in agreements between the province and delivery
agents. This subsection has been amended to include reference to children's recreation
programs.
a. The provision of children's recreation programs jor children who are at least six years of
age but less than thirteen years afage, or for handieapped children who are at least six
years of age but less than eighteen years of age that provide stlpervisionfor children and
may include activities such as sport recreation, fitness, arts and culll4re activities, youth
leadership, camping ond outdoor education.
h. Paragraph 4 of subsection 66.2 (2j was amended to include the provision of special
needs resourclng in a place where a r:hildren 's recreation program is provided in
accordance with the prescribed service mentioned in the above paragraph.
3. The lviunicipality shall pay to the Operator in respect to each approved child so
enrolled a mutual agreed upon per diem rate, as described in Schedule "A" allached hereto, for
providing the said ::ifrvices. The Municipality shall pay according to the approved mrolmem,
not 'withstanding the exception of a child's allotted holidays. The per diem rate is ejjective from
Ihe date as descrihed in Schedule "A" and shall be negotiated annually-
4. rhe fees determined in accordance with the said regulations payable for the said
service by the parent qlthe child,yith whom the child resides and upon whom the child is
dependent for support and maintenance shall be paid directly /0 the Operator, In addition to
the per diem rate referred to in Schedule "A" a "userfee" may be set by the Socia! Services
Administrator and shall be ptlid hy the pareNi to the Opera/or. Tfsuch userjee is established, it
is acknow!edged Ihat the amount oj'the saidfee shall he deducted/rom the per diem rate agreed
in Schedule "A".
5. It is unders/ood and agreed Ihat the MunicipalilY is only obligated /0 pay /he
Owner the per diem established in Schedule "A" and the owner is solelv reoponsiblefor any
existing or/i.ture capitaT or operating Tosses incurred by the Operator as a result of the
opera/ion of this program
6. The Municipality shall pa:y /he Operator the per diem rate:,- es/ablished in
Schedule "A" once per month.
7. The Operalor shall called the "user fee" as set by the Social Services
Adminisrrator, directly Fom the parents of the enrolled children.
8. The Opfriltor agrees to supply the Counly 011 request such accounting information
oflhe costs of/he operation oflhe Recreation Service as maybe required b:y the County
9. The opera/or shall at their expense obtain and maintain such liability or olher
insurance coverage jbr such amounts, not les,I' Ih(m $2,000, (JOO. 00 (two mi!!ionj, and against
such risks as rhe Counly with copies of all polices and renewals thereof The County and /he
Operator shall he names as insured in all such policies,
10. The /'vJunicipaIiIY hy entering into this agreemenl, shall not be liable /0 the
Operatorfor any damages or loss sustained by or on behalf of uny child receiving services under
this agreement and the Operator shall indemnify and save harmless the Municipality from and
against any and all claims, actions, damage:,- ilnd costs arising in ilny marmer whatsoever out of
or in connection wilh thesaidservice,I',
ff. The Operator shall advise ull parents and guardians a/children for whom services
are being paid under this agreement that the lvitmicipality is not liable, a/her thanfor the
amounts payable hereunder, to the said children, parents or guardians for any and all claims,
actions, damaj{es and costs arising out (Jlthe use of the said day nursery-
12. The Operator shall provide and have in plaee policies required under the amended
subsection 66.1 (2) Regulation 262 of the Day /'iurseries Act; and shall produce such policies for
revielv by the County upon request.
a. Safe Arrival/Safe Dismissal-The Operator must have policies and procedures
in place to ensure the safe arrival and sale dismissal of each child enrolled
b. Criminal Relerence Checks -lhe Operator must have a policy in place requiring
crimina! rejerence checks 10 be completedfor all successjul candidates for full-time,
part-time or volunteer positions who will have direct contact witlt children. This
requiremem includes new agency board members, non-direct service SIajJ, or any
other person regularly on the premises where occasions of unsupervised contact with
children may be expected.
c. Adull Supervision - The Operator must have on -site adult supervision at aU times.
Groups of children may be supervised directly by a staff member or volunteer who is
16 or 17years of age, provided thai a! least one adult (18 years or older) is on site
and that the adult is easy to locate in the event ol a/1 emergency,
Ii. Quality Assurance The Operator must be either accredited by the Ontario Camping
Association or ajfiliated witlt the High Five quality assw'ance process, administered
by Parks and Recreation Ontario, to the following dej{ree:
The organization respom;iblefor the program is a registered member of the
High Five quality assurance process:
The individuai program has completed and submitted m least one High Five
self evaluation to Parks and Recreation Ontario; and
At least 75% o(program staff have received High Five training
i .'I. This agreement may be termina/ed by either Party by the giving of six weeks
notice to the other Party of its intention to termintlle this agreement, or upon the Operator
ceasing 10 meet the requiremellis as per the Day /"/urseries ACljor an agreement ,vith a
recreation proj{ram, or upon the Operotor ceasing to provide said services due to financial
difficulties.
Iill WiTlI'!:;SS WUF;RF;OF the Parties hereto have ajfixed their reopeaive
corporate seals as attested to by the Signatwe of the Signillj{ q(ficers of the Municipality and
Operator.
THE CORPORA110N OF TUE COU1,'TY Of
BRUCE
SlG/IiED, Si'-ALEDAND DELIVERH)
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The M1{HrcfP;;liZ~ of Kincardine
Davids'o-nJJ.eereationCentre
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2006
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6th day of April
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Signedrh
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SCHl!-DULF "A" TO THE AGREEMANf (BY-lAW 4251)
WTlH TIlE CORPORA TfOlv' OF lRE COU/liTY OF BRuer;
1. The Municipality agrees to pay to tbe operator of the Ml.micipality of Kin~ardine. Davidson
Recreation Centre, the following sum per day as provided for in this agreement, executed hy By-
La\" 4251, less the amount re~eived by the Operator from thc child's parent~ as assessed by the
BrueeCountySoeialServicesDepartmem,
Y1arch Break, Christm<l~ Break and Professional Development Days
Summer Camp
$25.00
$26.00
2. Fffective date of agreement i, June 1,2006.
3. Noti~e to the County to be givcn to the Administrator, Bruce County Social Servi~es, P.O. Box 399,
Walkelton, Ontario NOG 2VO, Telephone: 881-0431 or 1-800-265-3005
Dale: /\priI6,20116
SignedonbehalfofTheCorpormion
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Per:- Clcfk
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Date: lLovember 7. 2007
l'assage of 3y"-1"-,, No. 2007-338
On November 7, 2007
SignedonhchalfofTheY1unicipality
ofKincardine-[)avidsonRe~realion
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Per: CAO