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HomeMy WebLinkAboutBRU 92 022 agree Deborah Baker . ~. ./_-. ....~ -./--~ 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. ßww~ CLERK ..S.E~ . '. - ~ ~ :.'", ; . .,. I , 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. l ~"=--')~~.~ 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. ~L~~L~~I:il1: ~ .J~ 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. ~... ¿ ~ , . - 2 - Ibi;NK.a-I'l'S 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 , , , - 3 - 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. ~ OF ar.v'RRMRR'l' 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 ..0..:.._ 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 , , . - 4 - 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. 1nIDr.tWMmIPP l"-"-.,.... ~- 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. " t)·'¡LI-':'.~ "~IJ 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 , , '. - 5 - 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. MDI-1IIaTVlm 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. ~,~~.j:. . ;,~ , I OJ.. 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 Re ve ~ Per: ~. 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. .,.. r" 0, 0 - 6 - 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. ~(ára- ess !..h¿~ ) ) ) ) ) ) In Witness to the signature of Deborah Baker this lÞÆ day JV()I/ ,1992