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Home My WebLink AboutKIN 89 013 Agree -Chamber/Cmmrc . . THE CORPORATION OF ~HE TOWN OF KINCARDINE BY-LAW NO. 1989-13 A BY-LAW TO EXECUTE AN AGREEMENT WITH THE KINCARDINE AND DISTRICT CHAMBER OF COMMERCE CONCERNING THE KINCARDINE TOURIST HOSPITALITY CENTRE WHEREAS The Corporation of the Town of Kincardine deems it expedient to execute an agreement with the Kincardine and District Chamber of Commerce concerning the Kincardine Tourist Hospitality Centre; NOW THEREFORE the Council for ~he Corporation of the Town of Kincardine ENACTS as follows: 1. The mayor and clerk are hereby authorized to execute, on behalf of The Corporation of the Town of Kincard ine, the agreement with the Kincardine and District Chamber of Commerce concerning the Kincardine ~ourist Hospitality Centre; 2. This by-law shall corne into full force and effect upon the date of its final passage. READ a FIRST and SECOND time this 19th day of January, 1989. d?uI ¡j (JIduriU ~1ayor READ a ~HIRD time and FINALLY PASSED this 1989. 6 th day of- April, ~!l &~ Mayor - 'j . e . . . . ,'7:7 . . ...~ f THIS AGREEMENT made in triplicate this 2nd day of February, 1989 BET H E E N THE CORPORATION OF THE TOWN OF KINCARDINE Hereinafter called "the Town" OF '1'IIE FIRST PART -A N D - THE KINCARDINE AND DISTRICT CHAMBER OF COMMERCE Incorporated under the laws of Ontario Her e i n aft e r Chamber" called " the OF THE SECOND PART WHEREAS. the Town is the owner of certain lands registered in the Registry Office for the Registry Division of Bruce, being in the Town of Kincardine, in the county of Bruce, and more particularly described as Parcel One in Schedule "A" attached to this agreement and outlined in red on Schedule "B" attached to this agreement; AND WHEREAS the Town is also the owner of the Broadway road allowance, a portion of which has been set aside for the purpose of a Kincardine Tourist Hospitality Centre, hereinafter called the "Centre" and has been generally descr ibed as Parce 1 T~IO in Schedule "A" attached to this agreement and outlined in green on Schedule "B" attached to this agreement; AND WHEREAS the Town, at its own expense, has developed the lands described in Schedule "A" attached to this agreement and outlined in red and green on Schedule "B" attached to this agreement, and has placed a building on such lands for the purposes of a Centre or such other use as the Town may, from time to time, determine; AND mJEREAS the To~m is willing to permit the Chamber to operate the Centre on behalf of the 'l'own subject to the terms and conditions outlined below; NOli THEREFORE TIllS AGREEHEN'l' HI'l'NESSr;'l'lI that in consideration of the premises and of the covenants and agreements hereinafter contained and other good and valuable consideration, the receipt "nd sufficiency of ~¡hich is hereby acknovlledged, the parties hereto agree as follows: 1. USE OF LAND a) The Town ,¡ill continue to use the lands described in Schedule "A" attached to this agreement and outlined in red and green on Schedule "B" attached to this agreement as a Centre for as long as this agreement is in force subject to continued compliance by the Chamber with the terms of this agreement; b) The l'own reserves the right to control and direct the interior and exterior design of the Centre and the lands described in Schedule "A" attached to this agreement and outlined in red and green on Schedule "8" attached to this agreement; " : ,;,:! - , . e . . . . "- . ~ . . -2- 2. GENERAL OPERA'l'ION OF THE CENTRE a) 'l'he Chamber may recommend to the 'l'o\vn through the Town's clerk-administrator, the policies, procedures, rules and other matters relating to the operation of the Centre; b) The policies, procedures, rules and other matters relating to the operation of the Centre will be established by the Planning and Economic Development Committee of the 'l'mm and will be communicated to the Chamber through the Town's clerk-administrator; c) The Chamber agrees to operate the Centre on behalf of the l'own in accordance \vi th the polic ies, proced ur e s, rules and other matters concerning the operation of the Centre as established by the 'j'own' s plann ing and Economic Development Committee from time to time; d) The Chamber recognizes that the Town will not be bound by any recommendation the chamber may make concerning the operation of the Centre; e) The Chamber shall submit a written report to the clerk- administrator concerning the operation of the Centre on ¡·lay 1st and November 1st in each year including, without limiting the generality of the foregoing, an assessment of the operation of the Centre and any recommended improvemen ts to the bui Id ing and or operation of the booth; f) All mail to the Centre shall be se.nt to the follmling address: Kincardine Hospitality Centre P.O. Box 315 Kincardine, Ontario !J2Z 2Y8 3. HOURS OF OPERA'l'ION The Chamber agrees to operate the Centre in accordance with the hours of operation set out in Schedule "C" attached to this agreement; 4. S'rAFFIlJG OF THE CEIJ'l'RE a) 'l'he 'l'own will hire, in its discretion, after consultation with the Chamber, one full-time employee to operate the Centre; b) '.'he 'l'own will also, in its discretion, hire sufficient part-time staff to ensure that the Centre will be open throughout the hours outlined in Section 3 of the agreement; c) Doth full and part-time employees shall be employees of the Town; d) The Chamber will cooperate fully and assist the Town in making application to government agencies and regional tourist associations for extra help to assist in running the Centre; e) The job description for the full-time employee for thc Ccntre is attached as Schedule "D" to this agreement and which may be amendcd by the Town from time to ~ime; , 1 · e · · . · ·f , . . -3- f) The Chamber will, subject to availability, be permitted the use of the full-time employee's time for Chamber- related work provided that such time does not exceed an average of 5 hours per week, exclusive of attendance at special meetings; g) The employees working at the Centre will be under the general supervision and control of the Town's clerk- administrator; 5. FINANCIAL OBLIGATIONS a) 'rhe Town will pay for the basic operating costs for operating the Centre including wages, benefits, repairs, maintenance, cleaning and office supplies and leasehold improvements as approved by the Town either by resolution or in the Town'S annual budget; b) The Chamber will pay for any direct costs associated with the administration of their projects including, but not limited to, postage, telephone and stationary; c) The Chamber will pay the full-time employee directly for attendance at Chamber meetings; d) The Chamber will continue to make the use of its chattels at the Centre available for use at the Centre; e) A list of chattels owned by the Chamber is attached as Schedule "E" to this agreement; f) The Town will pay for memberships in tourist associations which in the opinion of the Town, are considered beneficial to the Town of Kincardine; g) The Town will operate the photocopier .and retain the revenues received from it providing that the Town pays for all expenses associated with it; including, without limiting the generality of the foregoing, paper, maintenance, repairs and service contracts. The Chamber will be charged for any use of the photocopier for Chamber business at a rate of 10 cents per copy. 6. VISI'rOR LOG a) The Chamber will ensure that a record is kept of all visitors, correspondence and telephone calls received at the Centre to the satisfaction of the Town and submit it to the Town's clerk-administrator not later than one week following the end of each month; 7. TOURISM PROJECTS 'I'he Chamber agrees to support and assist in projects undertaken by the 'I'own and which are designed to promote tourism in the Town of Kincardine; 8. DURATION OF AGREEMENT a) This agreement shall corne into full force and effect, and be binding on each party from January 1, 1989 to December 31, 1989; b) Either party may terminate this agreement on 30 days notice by mailing a notice of terminaticn by registered or certified mail to the other party at the following address; t ~: · - · · . . 4. c~ 9. lO. . . -4- i) The Corporation of the Town of Kincardine c/o Clerk-Administrator 707 Queen Street Kincardine, ontario N2Z lZ9 ii) The Kincardine Chamber of Commerce c/o President P.O. Box 115 Kincardine, ontario N2Z 2Y6 c) 'rhis agreement may be re-negotiated in September of 1988 for the following year and any failure to come to terms on a new agreement will result in automatic termination of this agreement on December 31, 1988; AGREEMENT TO BE BINDING This agreement and everything herein contained shall respectfully enure to the benefit of and be binding upon the said parties hereto, their heirs, executors, administrators, ·successors and assigns, respectively; ASSIGNMENT This agreement is not assignable without the written permission of the other party; 11. COMPLE'rE AGREEMEN'l' This agreement, when executed, together with all Schedules attached hereto as provided for by this agreement shall constitute the entire agreement between both parties and may not be amended, modified or terminated except as provided for in this agreement. 12. APPLICABLE LAW This agreement and the construction and enforceability thereof shall be interpreted under the laws of the Province of Ontario. 13 . NO WAIVER 14. The failure of either the Town or the Chamber 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. SEVERABILI'l'Y 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. , , · - · · . . . . . . -5- 15 . NON- PERFOffi!ANCE 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 fai lure is due to fires, str ikes, i loods, acts 0 f God, lawful acts of public authorities, or delays which cannot reasonably be foreseen or provided against. 16. FUR'l'IIER DOCUÞlENTS The parties shall execute and· deliver all documents and perform all further actions that may be reasonably necessary under the provisions of this agreement. IN WITNESS WHEREOF the parties hereto have executed these presents, SIGNED, SEALED, AND DELIVERED TilE CORPORATION OF 'l'HE TOWN OF KINCARDINE in the presence of .dMØ~,~ ) ) ) ) ) ) ) ) ) ) ) NCARDINE & DISTRICT CHAHBER OF COHHERCE Û~ / P.res1dent nt . - . . . . ....,!: . . SCHEDULE "A" Parcel One: ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Town of Kincardine, in the County of Bruce and Province of Ontario, and being composed of Part of Block "B", as shown on Plan 14-33 (Town of Kincardine) registered in the Land Registry Office of Bruce (No.3) Land Titles Division at Walker ton and being more particularly described as parts 2,3,4 5,6 and 7 on a plan of Survey deposited in the Land Registry Office of Bruce,.No. 3, Land Titles Division as Reference Plan 3R-3263. (outlined in red on Schedule "B" attached to this agreement) Parcel 'l'wo: Part of the Broadway road allowance designated as Broadway Street East on Plan No. 566 in the Registry Office of Bruce, No.3 and more particularly shown outlined in green on Schedule "B" attached to this agreement. . '.)' ::'CIIC.µULI'.. o ., >. a \ \ '. . ~ ;.;. . ~Iþ ._-" \ / .' ,ri . \ I ....__ .2'£' __ n_ I r¡;;õ"( Tü ;~J kf.QlJlkEÛ .,.--..-; l· s CunEi:. I ,.. _. \ '--. I \ - ~, ....r ;:i ,~ :. "':- 1r- I ~. I,O.c 0 3 / o on '" 2 06 50 GJ :D o :I> o ::.;: ~ 'h --.: tI l~ I I IJI -t :D [11 [11 -t '.". . ",. lOP ti~,!? tl°¡,-..."J .. .. " ISHildUllùN 'I TYP.) \ &0' .' .. '[11 .:1> If. ···~~T STEflS1-· ,.1't¡;1..... tn Olht:kS I . , .- . N QF SITE '\ . FRONT fO":.I~E TOt"SGIL DOES Nt:?T_ PHEPAffATlON OfQ fXISTINu $OIL TO 8E INCLU 1 FORTO~°s"OIL- I TEll. I ' IN \ \ \ ) i 7 / / / / ./ /' ----- .~. / /' I· .,'.' ".. I \' ¡ '.'" / ~.'d "HYDRO ·T' eONOU' /. .-.-- . , .-.. - :>EMENTS - ,E:VleE } .. WATE k l~ fl.--r,.' ".¡. '! \1 n· .:. 'VALVE -HS WATF..~M~~;TAL'"EO Ity OTlit. -- TO ö. . / ... "':"~J /01... I / ~"'>r' . --.'!.;...T ulJlLL.lrKi :"..f ib:.c" / .1. ~ I"·' .- - .- ;., . -- .-' - .- -- ---- --- -.-'.-. L.~ - --.- :!"y N2. 21 ". ~, '. . SCHEDULE "c" · HOURS OF OPERATION - KINCARDINE HOSPITALITY CENTRE KINCARDINE, ONTARIO - Minimum Days Hours 'rime Per iod November 1 - April 30 (incl. ) Tuesday - Saturday 9:00 a.m. - 5:00 p.m. (incl. ) May 1 - June 21 Monday - l'hursday 9:00 a.m. - 6:00 p.m. (incl.) (incl. ) · Friday 9:00 a.m. - 8:00 p.m. Saturday 9:00 a.m. - 6:00 p.m. June 22 - Labour Day (incl. ) Sunday - Saturday 9:00 a.m. - 8:00 p.m. (incl. ) Labour Day - October 31 (excl.) Monday - Saturday 9:00 a.m. - 5:00 p.m. (incl. ) · . · ...' . e . . . . ., . '. . SCHEDULE "D" JOB DESCRIPTION - TOURIST CONSULTANT KINCARDINE TOURIST HOSPITALITY CENTRE 1.0 POSI'rION TITLE: Tourist Consultant - Kincardine Tourist Hospitality Centre 2.0 REPORTING RELATIONSHIP: Reports to the clerk-administrator. While performing duties related to the operation of the Kincardine Tourist Hospitality Centre, (hereinafter called the "Centre"), or the Chamber of commerce, the superv isor y responsibilities will be delegated to the president of the Kincardine and District Chamber of Commerce (hereinafter called the "Chamber"). 3.0 PURPOSE OF POSITION: TO operate the Centre in such a way as to promote tourism and commercial development in the Town of Kincardine. 4.0 SCOPE OF POSITION: 4.1 To assist the Chamber and the Town of Kincardine in operating the Centre in such a way as to promote tourism and commercial development in the Town of Kincardine; 4.2 To assist the clerk-administrator's office with clerical responsibilities; and 4.3 To act as secretary to the Chamber and 'l'ourist Committee, and assist the Chamber in its programs and administration. 5.0 RESPONSIBILITIES 5.l Acts as receptionist at the Centre welcoming visitors to Kincardine, answering phone calls and providing information and advice to visitors on Kincardine; 5.2 Maintain a record of visitors, telephone calls and mail received and provide the record to the clerk- administrator's office not later than one week following the end of each month; 5.3 Distribute information on Kincardine, its attractions and its businesses to visitors to the Centre and individuals who call requesting information; 5.4 Maintain an accurate and up-to-date directory of businesses and service clubs in the Town of Kincardine; 5.5 Keep informed on a regular basis of available accommodation in Kincardine; 5.6 Assist the Chamber and the Town of Kincardine in developing information ·package.s and literature concerning tourism, commercial development, industrial development and other matters as assigned; 5.7 ~1aintain well organized and attractive displays of information available to the general public; " · e . · · · .., . . -2- 5.8 Ensure that adequate information is available for display from federal, provincial, municipal and local sources; 5.9 Make recommendations to the Chamber concerning the internal and external appearance of the Centre; 5.10 Assist the Chamber and the Town of Kincardine in organizing and administering various promotional events; 5.11 Refer potential businesses and industries to the South Bruce Lakeshore Economic Development Corporation or the clerk-administrator; 5.12 Keep the interior of the building tidy and clean; 5.13 Maintain an adequate supply of office supplies on hand for the efficient operation of the office and within the approved budget for the office; 5.14 Maintain liaison with at least the following agencies: Kincardine Chamber of Commerce The clerk-administrator's office The Kincardine B.I.A. The Grey-Bruce Tourist Association Lake Huron Shoreline Tourist Committee South Bruce Lakeshore Economic Development Corp. L.E.A.D. 5.15 To act as secretary to the Chamber and assist them with their programs and administration for an average of five hours per week; 5.16 Attend Chamber of Commerce meetings held outside normal office hours as required by the Chamber to a maximum of three per month; 5.17 Supervise part-time & temporary staff hired to assist in operating the Centre; 5.18 To carry out clerical duties as assigned by the clerk- administrator; 5.19 Other duties as assigned by the clerk-administrator. 6.0 HORKING CONDITIONS 6.1 The position has a fairly high profile and requires a person capable of working independently under general supervision; 6.2 The hours of work are as follows: Tuesday to Saturday 9:00 a.m. to 5:00 p.m. except where alternative staff is available on Saturdays, then the days worked may be Monday to saturday. 7.0 WORKING RELA'l'IOIISHIP.s 7.1 with the Kincardine Chamber of Commerce Follows its direction concerning the operation of the Centre and Chamber business and makes recommendations to it concerning such matters; . . " · 7.2 e 7.3 '. . -3- with the Clerk-Administrator Follows the direction concerning business referred to the employee and keeps in regular contact concerning such matters, and in providing information as requested; with the Business Community Requests and provides information as required and works to ensure a good relationship exists with theses businesses, the Town and the Chamber; 7.4 with Institutions, Associations and other GovernmentG Maintains close liaison to takc advantage of information available and opportunities to distribute information on Kincardine. 8.0 KtlOHLEDGE AND SKILL · 8.1 8.2 8.3 8.4 8.5 8.6 Ability to work independently and under general supervision; Excellent public relations abilities; Good written & verbal communications skills; Good understanding and appreciation of the business and tourist community; Grade twelve diplòma and excellent clerical skills. Must dress appropriately for the position. 9 .0 HIP ACT OF ERROR 9.1 Poor representation of Kincardine and/or poor public relations could result in a loss of business and opportunity in Kincardine. · 9.2 An inability to communicate well could result in loss of confidence in Kincardine. 10.0 SUPERVISION 10.1 By general policy of the Town of Kincardine; 10.2 By specific dircction from the president of the Chamber and the l'own's clerk-administrator in regard to their areas of responsibility; 10.3 Personal performance standards. . . ..',' ~...~, . . e . SCHEDULE "E" . INVENTORY OF EQUIPHENT Oi'INED BY CIlAI·1BER Chairs Tables (Conference) Photocopier & Stand Calculator (Electric) Typewriters Steno Chairs Desks Desk Fan tþ Storage Cabinet Fi ling Cabinets . . tþ Shelving & Brackets Round Stands/Brochures Card Racks Bulletin Boards Counter with shelves waste Baskets Plants Wooden Stand/Brochures Hetal Rack/ßrochures 8 1 1 1 2 Olympia ESIOl Coromatic 8000 1 2 1 1 3 1-2 drawer 2-4 drawer 10 3 4 3 1 4 1 1