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HomeMy WebLinkAboutKIN 91 012 Appoint Coord Derby . . THE CORPORA TION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1991-12 A BY-LAW TO ENTER INTO AN AGREEMENT WITH RONALD KITCHENER TO PROVIDE COORDINATION SERVICES FOR THE 1991 MOLSON EXPORT FISH KINCARDINE SALMON DERBY. WHEREAS the Council for The corporation of the Town of Kincardine deems it expedient to enter into an Agreement for the provision of coordination services for the 1991 Molson Export Fish Kincardine Salmon Derby. AND WHEREAS the Town agrees to have Ronald Kitchener provide these services. NOW THEREFORE the council for The Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute, on behalf of The Corporation for the Town of Kincardine, the attached agreement with Ronald Kitchener to provide coordination services for the 1991 Molson Export Fish Kincardine Salmon Derby. 2. This by-law shall come into full force and effect upon its final passage. 3. This by-law may be cited as the "Ronald Kitchener as Coordinator, 1991 Fish Derby, Bylaw", READ a FIRST and SECOND time this 7th day of February, 1991. dÎ//l/j) !l:~9/;j;)rlG Mayor ~puty Clerk READ a THIRD time and FINALLY PASSED this 7th day of February, 1991. _ JlJdU/ ¡( [}¡;rkc --/)( /' ~ u T;; /u . Mayor / /'¡;'~~ BY-LAW 1991 - 12 . SCHEDULE "A" 1991 FISH KINCARDINE SALKOH DERBY COORDIHATOR TERKS OF REFERENCE MISSION: To co-ordinate, organize and promote the 1991 Fish Kincardine Salmon Derby within the guidelines outlined in the terms of reference as recommended by the Kincardine Town Council. To ensure that the event attains a high profile within the community and in the area. The derby must make a profit. The coordinator should encourage volunteer help both before and after the derby in order to reduce the operational costs to the Town and maximize the profit available for the fish enhancement program. BACKGROUND: The Town of Kincardine, a municipality of approximately 6,000 people is in the south west corner of Bruce County and on the shores of Lake Huron. The major sources of employment are the Bruce Nuclear Power Development (BNPD) located nearby in Bruce Township, the service industry required to provide goods and services to the people that work at BNPD and tourism. The Town of Kincardine by virtue of its waterfront location is a hot spot for tourists, recreational boaters and especially sport fishermen. Lake Huron waters provide a clean and very productive habitat to lure fishermen to try for those "big ones", while the town provides parking and boat launching facilities, fishing charters and many other services to accommodate the fishermen. Fishing has always been a popular pastime in this area, but for those fishing in Kincardine's derby it can also result in big prizes. This year marks the sixth year that Kincardine has hosted the Fish Kincardine Salmon Derby. Kajor prizes are awarded to the winner in the contest category of prize salmon, trout and walleye caught. In addition to these major prizes, daily prizes and hidden weight prizes are awarded and specialty events are held throughout the derby. All proceeds go towards the fish enhancement program which is already in place to conserve and replenish fish stocks in Lake Huron, OBJECTIVES: The objectives of the project are as follows: a) ensure that the 1991 Fish Kincardine Salmon Derby is a event; who's primary purpose is to promote the Town of a tourist destination; well organized Kincardine as b) ensure that there is an attractive sponsored prize package; c) that each registrant is aware of water safety recommendations; d) that the derby realizes a profit which will provide funding for the fish enhancement program; . THE OPERATION OF THE DERBY: The coordinator hired by Kincardine Town Council will be required to accomplish the following: i) prepare a report detailing the operation of the derby, addressing such items as the prospective coordinator's interpretation of the requirements of the derby, together with a description of the approach planned to facilitate carrying out the operation of the derby, promotion, sponsorships, and advertising, the day to day ..,./2 -page two- . organization of the event, emergency procedures and water safety information should be included; ii) a promotional package designed to ensure the event attains, and maintains a high profile within the community and the area; iii) work with a committee appointed by Kincardine Town Council who will be available to assist with the coordination and the day to day operation of the derby. There will representatives from Council, the BIA, the Chamber of Commerce, the Tourist Development Committee, the Water Rescue Unit and interested citizens appointed to this committee; iv) arrange for a sponsored prize package, the total value of which should not be less than $60,000; v) contact with prior derby sponsors and attract new sponsorships; vi) prepare an advertising flyer, paid by sponsorship, and arrange for a mailing of the flyer to last year's registrants. This flyer should be available by March lOth, 1991; vii) preparation of a detailed operational budget and profit projection for the event; vii 1) recommendations to Kincardine Town Council of a reasonable prize package and an estimate of costs involved thereof; ix) set out the basis Kincardine in a clear public information; and rationale for any costs to the Town of and thorough written report which may be made xi) prepare a presentation to Council and to the public and answer any questions that may arise; xii) arrange for registration tickets to be printed; xiii) ensure that detailed registrants,the prize entered information; computer records are maintained of all package, prize winners, and fish weighed and xiv) arrange for ticket outlet locations; xv) organize sponsor/media day activity and reception, and the prize giving ceremony; xvi) liaise with the Water Rescue Unit and prepare a list of water safety recommendations to be distributed to all derby registrants; xvii) discussions with the Town's manager of public works arrangements for traffic barriers, garbage collection, and water hook-up; concerning receptacles and xviii) discussions with the manager of the PUC concerning hydro hook-up; . xix) discussions with CKNX, Molson's and any other major sponsor concerning their requirements during the derby; xx) make arrangements for the operation of a beer tent, if required during the derby, including such items as liquor licence applications and permits and staffing; xxi) coordinate arrangements for the operation of the weigh station and the fish cleaning station at the harbour during the derby; .../3 . xxi) xxii) xxiii) xxiv) xxv) xxvi) xxvii) xxviii) xxix) -page three- set up and operate the satellite office at the harbour during the derby; arrange adequate volunteer staffing during the derby; the coordinator shall provide periodic press releases for the media; the coordinator shall provide press releases during the derby, a wrap-up press release and interviews to the media as required; the coordinator will prepare a final report for consideration by Council; the coordinator should at the end of the derby provide a list of names, addresses and phone numbers of sponsors, advertisers, charters, suppliers and volunteers etc. to ensure easy transition for the 1992 derby. be responsible for proper distribution and enforcement of the Council approved rules and regulations for the derby; the derby will run from 12:00 a,m. Kay 17th to 1:00 p.m. on Hay 26th, 1991; the final report will recommend appropriate operation of the next year's derby measures for the xxx) the Report, once presented, will be the property of The Corporation of The Town of Kincardine. INFORMATION SOURCES The coordinator shall examine such information as is required to operate the derby, but Council expects the coordinator to consider, at a minimum, the following: a) financial information provided by the treasurer related to past derbies; b) discussions with past members of the derby committee, the Lake Huron Fishing Club and the Town's tourist consultant; c) discussions with the Town's clerk-administrator, who will provide primary supervision of the derby; g) records and minutes of past derbies. SUBMISSION OF A PROSPECTIVE COORDINATOR PROPOSAL: The Town expects the prospective coordinator to submit a proposal to the Clerk-Administrator's office by 5:00 p.m. on January 25th, 1991. The Town will decide who will be hired as coordinator of the 1991 Fish Kincardine Salmon Derby based in part on the merits of the individual's proposal. . PROPOSAL CONTENTS: Each applicant submitting a proposal shall set out a lump sum proposed contract fee for the coordination of the derby in accordance with above terms of reference and which costs shall not be exceeded. It will also include, but not necessarily be limited to tentative project timing, budget, specific improvements, and a listing of the applicant's past promotional, and or event coordination experience. The proposal should include a work plan, the overall agenda, key decision points, timing, meetings with staff, the volunteer committee, and Council; ..,/4 . . -page four- REPORTS: The coordinator will provide twenty-five copies of their final report. ADMINISTRATION: Final approval of the proposal rests with Kincardine Town Council. Council will be establishing a staff and volunteer derby committee to advise and assist with the coordination and the day to day operation of the derby. The coordinator will be expected to attend all meetings with the derby committee and two meetings with Town Council (including the public meeting). The coordinator will be expected to be the main spokesperson for the derby and will be expected to give promotional interviews concerning the derby to the newspapers, and the media. In the event of a mishap or accident, the coordinator will immediately contact the Town's mayor or the clerk-administrator, The coordinator will prepare a statement for release to the press. However, no statements, information or comments are to be released without prior consent of the Town's mayor or the clerk-administrator. The coordinator will be the sole spokesperson from the derby committee. The coordinator will be expected to be available during the derby to supervise the day to day running of the event. The coordinator shall circulate agendas and keep minutes for all meetings. RESOURCES AVAILABLE TO COORDINATOR: The coordinator will have the following resources provided by the Town of Kincardine: a) a fish derby committee appointed by the Town of Kincardine Council; b) the tourist hospitality staff for clerical duties, to administer registrations and to assist with the operation of the derby; c) an updated computer program designed specifically for the derby; d) materials, supplies, utilities and services provided by the Town in their approved budget. EVALUATION OF PROPOSALS: Each proposal will be evaluated by Council on the following: a) the coordinator's understanding of the terms of reference and the scope of the project; b) the approach used to fullfil the terms of reference; c) the experience, expertise and organization of the consultant; and; d) costs and timing. Each applicant may be invited to interviews in Kincardine conducted by the staff committee, the mayor, a member of council and the clerk-administrator. At the interview, the applicant should be prepared to make a verbal presentation of approximately twenty minutes outlining the proposed method of executing the study. Following the interviews, Council may select a preferred applicant. ..../5 . . -page five- AWARD OF CONTRACT: The terms of proposal study shall be carried out under a simple contract the terms of reference and any items contained and accepted by Council. only including the in the applicant's The Town may accept any of the proposals they receive or may accept none at all as they see fit in their absolute discretion. . . This AGREEMENT made this 7th day of February, 1991. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- RONALD KITCIŒNER herinafter called "Ron Kitchener of the Second Part. WHEREAS the Town wishes to contract with an individual to provide coordination services for the 1991 Molson Export Fish Kincardine Salmon Derby; AND WHEREAS the Town agrees to have Ron Kitchener provide these services in accordance with this agreement; HOW THEREFORE THIS AGREBIIBNT WITNESSETH THAT in consideration of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each of the two parties hereto, (the receipt whereof is hereby acknowledged) the parties hereto covenant, promise and agree with each other as follows: 1, The overall direction of the 1991 Fish Kincardine Salmon Derby is the responsibility of the Town which has contracted the services of Ron Kitchener to coordinate the derby under the authority of the Town, 2, The Town hereby contracts with Ron Kitchener to coordinate the 1991 Molson Export Fish Kincardine Salmon Derby in accordance with the Terms of Reference attached hereto as Schedule "A" to this Agreement. 3. Ron Kitchener is not authorized to enter into any contract on behalf of the Town but shall have full authority to reco~nend any contract or arrangement for consideration by the Town. 4. Ron Kitchener will work a minimwn of 30 hours per week from February 11, 1991 to May 31, 1991. 5, Ron Kitchener will be paid five thousand, seven hundred and fifty dollars ($5,750) as a base pay for his services and thirty-five per cent (35%) of the net profits of the derby as established by the Town's treasurer and confirmed by the Town's independent auditors. 6. Ron Kitchener will be paid once per month on the third Thursday of the month in February, March, April, May and June for the period immediately proceeding and shall be paid the thirty five percent (35%) of the net profits at the earliest opportunity of the Town upon submission of all bills to the Town for the derby by Ron Kitchener and confirmation by the Town's auditors. Ron Kitchener agrees to reimburse the Town any refund in fees as a result of any legitimate bill(s) received by the Town after the audit and final payment of contract, 7. The Town will make available to Ron Kitchener office space at the Tourist Hospitality Centre and the Town's existing computer program for the derby. " ./2 Page 2 Ron Kitchener Agreement 8. Ron Kitchener will supply his own automobile and other equipment required for the contract, (This does not insude the prize package) . 9. Ron Kitchener will provide a complete budget to the Town for approval by Council prior to spending any money on the derby. 10. The Town will pay only out of Town travel expenses to Ron Kitchener and other expenses approved in the said budget, 11. This agreement shall come into full force and effect and be binding on both parties from February 11, 1991 to May 31, 1991 or upon Ron Kitchener's death, whichever occurs first. 12. This agreement and everything herein contained shall respectively enure to the benefit and be binding upon the said parties hereto, their heirs, executors, administrators, successors and assigns, respectively. 13, This agreement is not assignable without the written permission of the other party. 14. This agreement together with Schedule "A", when executed, shall constitute the entire agreement between both parties and may not be amended, or modified except by an amending agreement by all parties. 15, This agreement and the construction and enforceability thereof shall be interpreted under the laws of the Province of Ontario and the Dominion of Canada. 16. The failure of either party 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. 17. 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. . 18. It is mutually 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, 19. The and and parties shall execute and deliver all perform all further actions that my be necessary under the provisions of this documents reasonable agreement. .. ./3 . . Page 3 Ron Kitchener Agreement IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 7th day of February, 1991. Ron Kitchener has hereunto set his hand and seal this 7th day of February, 1991. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE lLÁ) J :JAli.:.:........... Mayor - Donna 1\..:·w~n .... . ~~j)~~ ) !.ø7 ~_ ~~f£fk~r )