HomeMy WebLinkAboutBRU 92 022 agree Deborah Baker
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 92-22
BEING A BY-LAW to authorize the Township of Bruce to enter into an
agreement with Deborah Baker.
WHEREAS the Township is a member of the Bruce Regional Nuclear
Emergency Preparedness Committee (BRNEPC).
AND WHEREAS it is desirable to engage the services of the "Co-
ordinator" as a part-time Emergency and Planning Co-ordinator for
the BRNEPC.
AND WHEREAS the Township has agreed to employ the Co-ordinator on
behalf of the BRNEPC on the terms and conditions hereinafter agreed
to.
NOW THEREFORE be it enacted by the Council of the Township of Bruce
as foll ows :
1. That the Township of Bruce enter into an agreement with
Deborah Baker, establishing the terms and conditions of her
employment as a Part-time Emergency and Planning Co-ordinator
for the Bruce Regional Nuclear Emergency Preparedness
Committee, in the form attached to this by-law.
2. That the Reeve and Clerk of the Township of Bruce are
authorized to execute the agreement on behalf of the Township
and to affix the corporate seal as and when required.
By-law introduced and read a First time this THIRTEENTH day of
OCTOBER, 1992.
By-law read a Second time this THIRTEENTH day of OCTOBER, 1992.
By-law read a Third time and finally passed, signed, sealed, and
numbered 92-22 this THIRTEENTH day of OCTOBER, 1992.
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Agreement made this 5th day of June, 1992.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF BRUCE
(Hereinafter called the "Township")
-and-
DEBORAH BAKER
(Hereinafter called the "Co-ordinator" or
the "Employee")
WHEREAS the Township is a member of the Bruce Regional
Nuclear Emergency Preparedness Committee (BRHBPC).
AND WHEREAS it is desirable to engage the services of
the "Co-ordinator" as a part-time Emergency and Planning Co-
ordinator for the BRHBPC.
AND WBBRBAS the Township has agreed to employ the Co-
ordinator on behalf of the BRNBPC on the terms and conditions
hereinafter agreed to.
NOW THEREFORE in consideration of the terms and
conditions contained in this agreement the parties hereto agree
as follows:
APPQTJIIIIIIR'IPP AI1D uur J..BS
1. The Co-ordinator is appointed as the part-time
Emergency Planning Co-ordinator for the BRNBPC effective April 1,
1992 in accordance with this agreement.
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2.
direct
BRNBPC
office
The Co-ordinator shall report to and be under the
supervision of the Chairperson from time to time, of the
with advice and assistance as and when required from the
of the Solicitor General of Ontario.
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3. The Co-ordinator shall receive as remuneration for the
duties performed the sum of $19,403.00 per annum, payable in 52
equal instalments.
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4.(a) No benefits shall be payable to the Co-ordinator save
and except the following:
(i) The Township share of C.P.P., U.I.C. and Employee
Health Tax as required by law.
(ii) Statutory vacation pay at the rate of n paid weekly
and based on the amount paid weekly to the Co-ordinator.
(iii) Reimbursement for all reasonable travelling expenses at
the rate of $0.30 per kilometre properly incurred in the conduct
of the duties of the Co-ordinator pursuant to this agreement.
Travelling expenses are to be submitted monthly by way of a
written expense claim to the Chairperson of the BRNBPC and shall
be payable after approval of the BRNBPC.
(b) There shall be no reimbursement for travel to and from
the Co-ordinators place of residence.
(c) Expenses found to have been improperly incurred or
authorized shall be reimbursed by the Co-ordinator immediately
upon request.
VACA'fiON
5. The Co-ordinator shall receive all statutory holidays
prescribed by the Province of Ontario.
l'R.OBATION MID 'I'Inl'UTlla'I'Tnw
6.(a) You shall be considered to be on probation until you
have worked a total of six (6) months or longer if mutually
agreed upon in writing by the parties. It is expressly
understood and agreed by both parties that during the
probationary period you shall-be considered as being employed on
a trial basis and your employment may be terminated at any time
during this period at the sole discretion of the Township without
notice and without any payment in lieu of notice.
(b) Your employment may be terminated for just cause at
anytime by the Township without notice and without any payment in ~.
lieu of notice. The effective date of termination at sole
discretion of the Township may be the date that such cause
occurred.
(c) "Just Cause" includes, without limitation, any
misconduct by the Employee, any wilful breach or non-observance
by him of any of the conditions or obligations of this Agreement,
or Township rules and regulations, any neglect or refusal by him
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to carry out any of his duties hereunder, any negligent
performance of such duties any insubordinate or insulting
behaviour towards the Township, its officers or clients.
(f) In the event this contract is terminated by the
Township without just cause, it is agreed that any damages
flowing from the termination of the contract shall be limited to
the unexpired portion of the contract then remaining.
(g) Notwithstanding the agreed term of the contract, it is
agreed by the parties that the co-ordinator may terminate this
contract upon giving 30 days written notice of termination to the
Township.
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7. This Agreement shall end April 1, 1993 and all
obligations of the parties shall cease at that time without
further liability.
HOURS OF WOBK
a.(a) It is understood and agreed by the Co-ordinator that
this is a part-time position and the remuneration paid is based
on the fOllowing conditions:
(i) The Co-ordinator shall work in average of 21 hours per
week on behalf of the BRNBPC.
(ii) The Co-ordinator shall maintain a written detailed
record of the hours work and shall produce this record to the
BRNBPC when requested.
(iii) lIotwithstandinq the above it is acknowledged by the Co-
ordinator that the actual weekly hours worked may fluctuate and
the Co-ordinator agrees that the weekly remuneration paid will
not exceed the amount stated in paragraph 3 and the average of 2l
hours per week shall be maintained over the term of this
agreement.
OTM_N 'PRDIIA: OP RllPTnvIIInJIII
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9. (a) You will not, while employed by the Township or six (6)
months thereafter:
(i) Disclose directly or indirectly to anyone the private
affairs of the Township including but not limited to any
information concerning the Township's business practices,
operations, procedures, policies, budget, products, financial
information, client names, suppliers which the Township shall
deem confidential or against its business interests, and shall
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not either during your employment of thereafter use for your own
interest or for any purposes other than those of the Township any
information you may acquire in the course of or incidental to
your employment hereunder, or otherwise, and whether SIUllS may be
to the detriment of, or intended, of the Township. By reason of
the special kncn-1ledge and access to same which the Township has
or may have, you further covenant and agree that, notwithstanding
your status as an employee, you are in a fiduciary relationship
with the Township by reason of the trust placed in you with
regard to confidential information concerning the private affairs
of the Township and its relationship with others.
(ii) Disclose directly or indirectly to any person any trade
secrets or discoveries, inventions or improvements or other
information concerning the business, or affairs of the Township
of its clients.
(iii) Make any statement or do any acts which could in any
manner be detrimental to the reputation or business or affairs of
the Township or its clients.
Upon your resignation or termination of your employment
for any reason, you will deliver to the Township all materials,
products, documents, records, reports and notes and copies
thereof which are in your possession and which relate in any way
to the business of the BRNBPC and its clients.
(b) (i) While employed by the Township you will devote the
whole of your time to the business of the Township to use your
best endeavours to promotEiits interests and well-being.
You will not, except with the written consent of the
Township, enter into any type of secondary employment, interests
or other businesses.
(ii) The Township agrees such consent will not be
unreasonably withheld unless the Township is of the opinion that
such secondary employment will result in a conflict of interest
with your duties to the Township.
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10. The terms of this Agreement are governed under the laws
of the Province of Ontario and as such it is considered a
contract of employment.
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11. You agree to indemnify and save the Township harmless
from and against all los.es as _II as damage to property caused
as a result of a breach of this Agreement. You hereby authorize
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the Township to deduct from your salary or wages an amount equal
to the value of any lost or stolen cash or property or damage to
property as well as any expenses incurred by the Township in.
connection therewith.
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12. A failure to enforce any provision of this Agreement or
a waiver by the Township of any breach hereof shall not operate
or be construed as a waiver of any continuing or subsequent
breach of this Agreement by you, nor shall any delay or omission
of the Township to exercise any rights arising from such breach
affect or impair the Township's rights as to such breach or any
subsequent breach.
ZUSVICNa.RTT.T'PV OP 1!r·a.DSBS
13. In the event that in any legal proceedings before a
competent tribunal in any jurisdiction, it is determined that any
paragraph, subparagraph or any part of any paragraph or
subparagraph of this Agreement is invalid with respect to any
particular transaction, that paragraph, subparagraph or part
hereof shall be deemed to be severed from this Agreement for the
purposes onlr of the particular legal proceedings in question,
and the rema.:LJ1der of this Agreement shall, in every other
respect, continue in full force and effect.
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l4. Any reference in this agreement to "yOU" or to "your"
shall be deemed to refer to the party Deborah Baker.
Authorized by Bruce
Township By-law 92 -
TION OJ!' TBB 'l'OWNSHIP
BRUCE
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The Co-ordinator acknowledge having fully read and
understood the foregoing and any appendices hereto, that you have
voluntarily entered into this Agreement and that you have
received a copy hereof.
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The Contract, from and after the date hereof,
supersedes and takes the place of any other contracts of the, same
nature heretofore existing between the parties hereto.
The Co-ordinator accepts the terms and conditions of
employment outlined above.
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In Witness to the signature
of Deborah Baker this lÞÆ day
JV()I/ ,1992