HomeMy WebLinkAboutKIN 88 018 Agree-Chber/Commerce
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1988-18
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 The Corporation of the Town of
Kincardine ENACTS as follows:
L The ma yo rand c 1 er k ar e hereby author ized to execute, on
behalf of The Corporation of the Town of Kincardine, the
agreement with the Kincardine and District Chamber of
Commerce concerning the Kincardine Tourist Hospitality
Centre;
2. This by-law shall come into full force and effect upon the
date of its final passage.
READ a FIRST and SECOND time this 17th day of March, 1988.
~~~~
Mayor
~2~
READ a THIRD time and FINALLY PASSED this 7th
1988.
day of
April
~
-
-
- -
.
.
-,,-"...-"
e
.
.
.
-'
.
.
L -.
.a. '".1.-
,
.
,..",.,
<
.
.
....
THIS AGREEMENT made in triplicate this 3rd day of March, 1988
BETWEEN
THE CORPORATION OF THE TOWN OF
KINCARDINE
Hereinafter called "the Town"
OF THE FIRST PART
-A N D -
THE KINCARDINE AND DISTRICT
CHAMBER OF COMMERCE
Incorporated under the laws of
Ontar io
Hereinafter
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 described as Parcel Two 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 WHEREAS the Town is willing to permit the Chamber to operate
the Centre on behalf of the Town subject to the terms and
conditions outlined below;
NOW THEREFORE THIS AGREEMENT
the premises and of the
contained and other good and
and sufficiency of which
hereto agree as follows:
WITNESSETH that in consideration of
covenants and agreements hereinafter
valuable consideration, the receipt
is hereby acknowledged, the parties
1. USE OF LAND
a)
The Town will 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 Town 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 "B"
attached to this agreement;
·
e
·
·
!e
'~.
.
.
-
,
"
.
.
-2-
2. GENERAL OPERATION OF THE CENTRE
a)
The Chamber may recommend to the Town 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 economic development committee of
the Town 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 Town in accordance with the policies, procedures,
rules and other matters concerning the operation of the
Centre as established by the Town's 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
May 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 improvements to the building and or
operation of the booth;
f) All mail to the Centre shall be sent to the following
address:
Kincardine Hospitality Centre
P.O. Bo x 115
Kincardine, Ontario
N2Z 2Y8
3.
HOURS OF OPERATION
The Chamber agrees to operate the Centre in accordance with
the hours of operation set out in Schedule "C" attached to
this agreement;
4.
STAFFING OF THE CENTRE
a)
The Town will hire, in
consultation with the Chamber,
to operate the Centre;
its
one
discretion, after
full-time employee
b) The Town 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)
Both 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 the
Centre is attached as Schedule "D" to this agreement
and which may be amended by the Town from time to time;
;
,
·
f)
e
g)
.
.
-3-
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;
The employees working at the Centre will be under the
general supervision and control of the Town's clerk-
administrator;
5. FINANCIAL OBLIGATIONS
b)
·
c)
d)
e)
f)
g)
·
a) The 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;
The Chamber will pay for any direct costs associated
with the administration of their projects including,
but not limited to, postage, telephone and stationary;
The Chamber will pay the full-time employee directly
for attendance at Chamber meetings;
The Chamber will continue to make the use of its
chattels at the Centre available for use at the Centre;
A list of chattels owned by the Chamber is attached as
Schedule "E" to this agreement;
The Town will pay for memberships in tourist
associations which in the opinion of the Town, are
considered beneficial to the Town of Kincardin~~~~~
The Town will operate the photocopier an~i~'-
revenues received from it providing that H:.wpàys 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. VISITOR 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
The Chamber agrees to support and assist in projects
undertaken by the Town and which are designed to promote
tourism in the Town of Kincardine;
.
.,~
8.
DURATION OF AGREEMENT
a) This agreement shall come into full force and effect,
and be bind ing on each pa rty frml January 1, 1988 to
December 3l, 1988;
.
b) Either party may terminate this agreement on 30 days
notice by mailing a notice of termination by registered
or certified mail to the other party at the following
address;
i
. .
-
·
.
·
·
~
·
9.
10.
.
.
-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) This 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;
ll. COMPLETE AGREEMENT
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
thereof shall
of Ontario.
and the construction and enforceability
be interpreted under the laws of the province
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.
SEVERABILITY
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.
·
-
·
·
.......
·
15.
16.
.
.
-5-
HQI:J.=EiBfQIUlltB:Çi
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 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.
EYªIHiª_ºQÇY~BNI§
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 WITNBSS WHBRBOF the parties hereto have executed these
presents,
SIGNBD, SBALBD, AND DBLIVBRBD )
)
in the presence of )
)
)
)
)
)
THB CORPORATION OF THB
TOWN OF KINCARDINB
~~
M§'~ ':
:: -:: - ~- ' ,"
)
)
)
)
)
)
)
)
)
)
)
)
THB KINCARDINB & DISTRICT
CHAMBBR OF COMMBRCB
Presl ent
-L1~-¿:.:::::~-:::........-
Vice-Presid~:lit.:>.~~· -=/ --=:.""-
\~:'~~,,~::----------:~::~~~~
" ~ ~ "-
~~: ....~ -:/ :...:::;.. "
\~__. .-- .--~~~. ,3
- -::~~"i~~-~:~~~~:~-
~.J../.../....
·
.
·
·
·
.
.
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 M-33 (Town of Kincardine)
registered in the Land Registry Office of Bruce (No.3) Land
Titles Division at Walkerton 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 Two:
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.
..'"......................................
1'''_' .". .... ;....---_
......'::-...... -."
\,\" ,-:..-......'.... "", "'--
, ~ ~.. ..-::~.:.:..:~
-.:::' ~...-. . 'l ':::.
, - .
~ ~: : ~ :::
.... -. - '. "
'- -. ~ "-
...... ,;;..
...... / '" v '~-:.
~~"-. .-,~
--'- ~~
~ '//-~~-...-~.:::~-
---=-:,"'~' 2.·._~·-:;:.-'"
....../_..,./,,~
'I'
.
SCHEDULE "B"
.
.
\ "
I
".
'.
~ l_tI
$11:1
,...-------- .-._.
/
PART 2
'NEñ .
\
\
MH.""Z
/
28.0
------nt----·- .-
.'
.
T---
'or
I
I
I
I__-,-~__nn.
: .,úRAOETO
r---lt~~QU~~;~Tj
\ .
L.¡,,'jT
Þ:
1 'í_c.,~
·1.5 II 1.0.( 0·3
o
'"
'"
INV. z06-50
CD
::0
o
:Þ
o
:f
:Þ
-< : Pu
--"b
l~!__
U!
-I
::0
ITI
ITI
-I
,.,.
'"
"
ISTRIElUTlON
,\YP.)
o,,~
"'..
~.
&0' /:
,,::'
i
1fT1
,:Þ
U!
-I
TOP 81::0
IT6e-aã~
'"
PRECAST STEPS--r--
B'I' OTHERS 1
. I
I
l' ..._T,! ~". ;,
).1.
1./
f
. ,
.'
.'
. -- FRONT PORTION QF SITE \
DOES NOl" HAVE TOPSOIL \
EXISTING ,- PREPARATION
FOR TOP$OIL TO BE iÑCLUDEQ
\ IN TOPSO.L ITEMi \
\ I
\
\
)
j
/
I
,
I
c
ÆMENTS -
{ . "
t. J~ ~- II
V
HYDRO .--
CONDUtT
"I
-
--.-------..
1/
/
..
S[RVICE }
_WATERMAIN a. -' VALVE
TO BE INSTAL~ED fty OTtiERS
. (
-..9"...,'
/
'." ":.:1''''''·.
',/r
-3<:1,. t;llJILúING
$[ ib:.cr<
/'
//
Á.. \0·- ~-
....-.--.
---
--~/
-~----------
---
. ',- ---- ,..
.._._---_.~---..-
_J
-\,
--_._--
!:>'Y N!? 21
·
--
·
·
.
<
.
.
SCHEDULE "CO
HOURS OF OPERATION - KINCARDINE HOSPITALITY CENTRE
Time Per iod
November 1 - April 30
(incl. )
May 1 - June 21
(incl. )
June 22 - Labour Day
(incl. )
Labour Day -
October 31 (excl.)
KINCARDINE, ONTARIO
Minimum
Days ~ Hours
~~~:I:..., - ~'i"~;.1~o p.m.
(incl. )
Monday - Thursday 9:00 a.m. - 6:00 p.m.
(incl. )
Friday 9:00 a.m. - 8:00 p.m.
Saturday
9 :00 a.m. - 6:00 p.m.
Sunday - Saturday 9:00 a.m. - 8:00 p.m.
(incl.)
Monday - Saturday 9:00 a.m. - 5:00 p.m.
(incl.)
'.
.
.
·
SCHEDULE "D"
JOB DESCRIPTION - TOURIST CONSULTANT
.
KINCARDINE TOURIST HOSPITALITY CENTRE
1.0
POSITION TITLE:
Tourist Consultant
Centre
Kincardine Tourist Hospitality
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 supervisory
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.l 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
Committee, and assist the
admin istrat ion.
the Chamber and Tourist
Chamber in its programs and
5.0 RESPONSIBILITIES
·
5.1 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
accommodation in Kincardine;
basis
of available
5.6
Assist the
developing
concerning
development
Chamber and the Town of Kincardine in
information packages and literature
tourism, commercial development, industrial
and other matters as assigned;
.
5.7 Maintain well organized and attractive displays of
information available to the general public;
,
"
·
.
·
·
~.
.
,
.
.
.
"
-2-
5.8
Ensure that
display from
sources;
adequate information is available for
federal, provincial, municipal and local
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
economic development office 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.l5 To act as secretary to the Chamber and assist them with
their programs and administration for an average of five
hours per week;
5.l6 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.l8 To carry out clerical duties as assigned by the clerk-
administrator;
5.19 Other duties as assigned by the clerk-administrator.
6.0 WORKING CONDITIONS
6.1
The position has a
person capable of
supervision;
fairly high profile and requires a
working independently under general
6.2 ~;~~;:Ut ~~i~k ar:::: :~:~o:::5:00 p.m. ~~
~'""f't- ...,..¡......,. _/~.;.J-..eo- "to.¡{- IS a,,"'¡,J. (0... Q>-.. ~.¡__J...,s. (Áe'\ ¡t.....
7.0 WORKING RELATIONSHIPS cI",,!s .........w.........., '-- /'1~ I<r Fr. J..,.
7.1 with the Kincardine Chamber of Commerce
Follows its direction concerning the
Centre and Chamber business and makes
it concerning such matters;
operation of the
recommendations to
7.2 with the Clerk-Administrator
Follows the direction concerning business
the employee and keeps in regular contact
such matters, and in providing information as
referred to
concerning
requested;
,
·
.
·
·
~
--
·
)
,
,
.
.
"
-3-
7.3
with the Business Community
Requests and provides information as required and works
to ensure a good relationship exists with these
businesses, the Town and the Chamber;
7.4
with Institutions, Associations and other Governments
Maintains close liaison to take advantage of information
available and opportunities to distribute information on
Kincardine.
8.0 KNOWLEDGE AND SKILL
8.1 Ability to
supervision;
work
independently and under general
8.2 Excellent public relations abilities;
8.3 Good written & verbal communications skills;
8.4 Good understanding and appreciation of the business and
tourist community;
8.5 Grade twelve diploma and excellent clerical skills.
9.0 IMPACT OF ERROR
9.1
Poor representation of Kincardine
relations could result in a loss
opportunity in Kincardine.
and/or poor public
of business and
9.2 An inability to communicate well could result in loss of
confidence in Kincardine.
lO.O SUPERVISION
10.1 By general policy of the Town of Kincardine;
10.2 By specific direction from the president
and the Town's clerk-administrator in
areas of responsibility;
of the Chamber
regard to their
10.3 Personal performance standards.
.
'iii . - ", ._. ,.. ,. ~
· .
·
.
.
SCHEDULE "E"
.
INVENTORY OF EQUIPMENT OWNED BY CHAMBER
Cha irs
Tables (Conference)
Photocopier & Stand
Calculator (Electric)
Typewriters
Steno Cha irs
Des ks
Des k Fan
· Storage Cabinet
Filing Cabinets
·
.-
·
Shelving & Brackets
Round Stands/Brochures
Card Racks
Bulletin Boards
Counter with shelves
Waste Baskets
Plants
Wooden Stand/Brochures
Metal Rack/Brochures
--
8
1
1
1
2 Olympia ESlOl
Coromatic 8000
1
2
1
1
3 1-2 drawer
2-4 drawer
10
3
4
3
1
4
1
1