Loading...
HomeMy WebLinkAbout16 104 Tiverton Sports Centre (Ev' Rose Layne) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 4L 4 C /qlltt OF KINP� BY -LAW NO. 2016 -104 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH EV'ROSE LAYNE TO OPERATE AND MANAGE THE TIVERTON SPORTS CENTRE WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2) authorizes municipalities to pass by -laws respecting matters within the sphere of jurisdiction of culture, parks, recreation and heritage; • AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide municipalities with the powers of a natural person to enable them to govern their affairs as they consider appropriate under this or any other Act and to enhance their ability to respond to municipal issues; AND WHEREAS the Municipality of Kincardine owns and operates the Tiverton Sports Centre; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a service contract with Ev' Rose Layne to operate and manage the Tiverton Sports Centre for the 2016 -2017, 2017 -2018 and 2018 -2019 ice seasons; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with Ev' Rose Layne to operate and manage the Tiverton Sports • Centre more particularly described in the attached Schedule `A'; 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the agreement with Ev' Rose Layne, attached hereto as Schedule 'A', and to affix the corporate seal. 3. This By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Tiverton Sports Centre (Ev' Rose Layne) Agreement By -law ". READ a FIRST and SECOND TIME this 7th day of September, 2016. READ a THIRD TIME and FINALLY PASSED this 7th day of September, 2016. • Mayor Clerk CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre This is an agreement between The Corporation of the Municipality of Kincardine (Hereinafter called the "Municipality ") This is Schedule "L.A." to By -Law AND Not ° 16 - I 49 passed the 1 day Ev' Rose Layne of Se mber 20 lb (Hereinafter called the "Contractor ") 1. This agreement is to operate and manage the Tiverton Sports Centre for the following three ice seasons; 2016 -2017, 2017 -2018 and 2018 -2019. 2. The Municipality and the Contractor agree to all the terms and conditions set out within this agreement. 1.0 - GENERAL CONDITIONS The following section forms an integral part of this agreement. The Contractor must agree to abide by all the clauses and conditions laid out in this agreement. 1.1 DEFINITIONS Wherever the words "Owner" or "Municipality" are used in these documents, it shall be understood that it means The Corporation of the Municipality of Kincardine. Wherever the words " satisfactory", " approved ", "adequate ", "suitable ", or similar words or phrases are used in these documents, it shall be understood that they mean, unless the context provides otherwise, "satisfactory to the owner ", "approved by the owner ", "adequate to the Owner's satisfaction ", "suitable to the Owner ", etc. Whenever the word "Agreement" is used, it shall mean and include the agreement to do the work entered into with the Corporation, the Information for Bidders, General Conditions, Scope of Work / Special Provisions, Form of RFP, the RFP and other documents referred to or connected with the said RFP. Whenever the word "Contractor" is used it shall mean the individual, firm, company or corporation whom a contract is awarded against this offer. Whenever the word "Works" is used it shall mean the execution of the whole of the work and things required to be done, mentioned or referred to in the agreement, the General Conditions, the Scope of Work / Special Provisions, and all other documents referred to or connected with the agreement.. Whenever the word "Ice Season" is used it shall mean the week required to put the ice in, the weeks the ice is used by the user groups, and the week required to remove the ice at the conclusion of the season, adding up to a 30 week ice season. For the 2016 -2017 ice season the ice will need to be in and ready to be used the week of September 19, 2016 and shall remain in until after the Old Stars Tournament. The Municipality shall notify the Contractor once confirmation is received from the user groups on their ice needs for the next two seasons as those ice seasons draw closer. Whenever the singular or masculine is used in this document, it should be considered as if the plural or feminine has been used where the context so requires. Page 1 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre 2.1 CONTRACTOR'S RESPONSIBILITY The Contractor will be held responsible for the care of the work and whatever pertains thereto from the commencement of the same to its final completion. The Contractor shall be responsible for all damage caused by their employees, their equipment or their supplies, to the Owner's property, equipment, buildings and building contents. The Contractor shall employ such methods as necessary to avoid defacement or damage to the Owner's property. The Contractor shall be responsible for all injuries to persons caused by the Contractor's staff, equipment or supplies. The Contractor shall indemnify and save harmless the Owner in accordance with Section 2.10 from all suits and actions as a result of injury or death to persons; damage to the property of the Owner or others; caused by the Contractor or their staff, resulting from any cause whatsoever deriving from the performance of their work. 2.2 DAMAGE TO CONTRACTOR'S SUPPLIES The Municipality will not be responsible for damage to, or loss of, the Contractor's supplies, materials or equipment nor to the Contractor's employee's personal belongings brought into the building or onto the site. 2.3 QUALIFICATIONS AND COMPETENCY The Owner may call upon the Contractor to show evidence that satisfactory arrangements have been made for the procurement of any or all labour, materials and equipment required to carry out and complete the work. Materials and equipment shall be subject to Owner's approval. 2.4 PROCUREMENT OF MATERIALS Upon 24 hours notification (weekdays) and 48 hours (weekends) the Municipality of Kincardine will provide a Purchase Order for the goods as described in Appendix B. 2.5 TOOLS The Contractor must provide his /her own tools to complete all repairs /maintenance at the Tiverton Sports Centre as a condition of this agreement. 2.6 FIRE SAFETY The Contractor and their employees shall be familiar with the use and operation of the fire extinguishers. 2.7 ACCESSIBILITY STANDARDS The Contractor must comply with the Owner's Accessibility Standards for Customer Service. Page 2 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre 2.8 HEALTH AND SAFETY 2.8.1 The Contractor is required to conform with the Occupational Health and Safety Act relating to the performance of the contract. 2.8.2 The Contractor is required to have a copy of the Occupational Health and Safety Act and /or the Industrial and Construction regulations present on the site at all times. 2.8.3 The Contractor will be required to supply to the Municipality a valid Clearance Certificate issued by the WSIB, of if applicable, a letter from WSIB verifying Independent Operator's Status. A new clearance certificate is required every sixty (60) days. 2.8.4 The on -site supervisor or foreman supplied by the Contractor must be a competent person as defined in the Occupational Health and Safety Act. 2.8.5 The Contractor is required to have unexpired Material Safety Data Sheets for all Hazardous Materials on site at all times. 2.8.6 The Contractor is required to label all containers of controlled products in accordance with the Workplace Hazardous Materials Information System Regulation. 2.8.7 Where WHMIS controlled products are used, the Contractor is required to ensure that all their employees have been appropriately trained. 2.8.8 When work is being performed, the Contractor shall ensure that all first aid requirements are met according to the WSIB regulation. The Contractor shall have the appropriate number of employees trained in First -Aid and CPR to the number of employees working in any one shift. The Contractor will be required to supply and maintain the appropriate first -aid kits for the project. In the event of a critical injury (as defined in the Occupational Health and Safety Act) the Contractor shall notify the Safety and Disability Manager and the Ministry of Labour immediately. 2.8.9 The Contractor shall acknowledge compliance with the Municipality of Kincardine Health and Safety Program by reviewing and signing the aforementioned Health and Safety compliance document. 2.8.10 The Municipality reserves the right to inspect the site at any time and recommend further actions to safeguard the health and safety of the Contractor and Municipality employees. 2.8.11 The Municipality also reserves the right to cancel the contract if any provisions relating to Fire Safety or Health and Safety are contravened or if recommendations from representatives of the Municipality are not observed. 2.8.12 The Contractor must sign the Municipal Health and Safety Compliance Form. 2.9 INSURANCE 2.9.1 COMPREHENSIVE GENERAL The Contractor shall, at their expense, obtain and keep in force during the term of this Agreement, Comprehensive General Liability Insurance satisfactory to the Corporation, including the following: i) a limit of liability of not Tess than two million dollars ($2,000,000); ii) the Corporation shall be named as an additional insured; iii) the policy shall contain a provision for cross liability in respect of the named insured; Page 3 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre iv) the policy shall contain a provision for contractual liability in respect of the named insured; Indemnity The Contractor agrees to fully indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses of any kind and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, sustain or suffer as a result of, arising out of or in any way related to the matters addressed in this Agreement, unless such losses are caused solely by the Municipality's own negligence or misconduct. The obligation of the Contractor to indemnify the Municipality does not apply to any environmental claims arising from: i) any historical environmental condition existing prior to the commencement of the work by the Contactor 2.9.2 AUTOMOBILE The Contractor shall obtain and keep in force for the duration of this contract, automobile insurance under a standard automobile policy with limits of not Tess than two million dollars ($2,000,000) in respect of each vehicle. 2.9.3 PROOF OF INSURANCE The Contractor shall provide, together with its executed agreement, a certificate (s) of insurance or certified copy(ies) of the above referred to policies, satisfactory to the Corporation, together with proof of renewal at least ten (10) days prior to expiry. Provided that if a certificate is provided, all requirements as above set forth must be shown on the said certificate and notwithstanding the provision of any certificate, the Corporation may require that the Contractor provide a certified copy of the policy. 2.10 ASSIGNMENTS AND SUBCONTRACTORS The Contractor shall not assign, transfer or sublet this contract or any part thereof without the written consent of the Municipality. This contract and everything therein contained shall be binding upon the parties hereto, their respective successors and assigns. 2.11 INTERPRETATION Should a dispute arise regarding the meaning or intent of the contract documents, the decision of the Owner shall be final. The owner will be represented by the Chief Administrative Officer of the Municipality of Kincardine. 2.12 VERBAL ARRANGEMENT In all cases of misunderstandings and disputes, verbal arrangements will not be considered. The Contractor must produce written authority in support of their contentions, and shall advance no claim in the absence of such written authority, or use, or attempt to use, any conversation with any parties against the Corporation, or in prosecuting any claim against the Corporation. Page 4 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre 2.13 DOCUMENT REQUIREMENTS AT TIME OF CONTRACT EXECUTION General Prior to the beginning of the 2016 -2017 ice season, the Contractor is required to submit the following documentation in a form satisfactory to the Municipality for execution within five (5) working days and no later than ten (10) working days after being notified to do so: a) Insurance documents listing all coverages and amounts as indicated. b) Workplace Safety and Insurance Board clearance certificate. Notwithstanding the above, the Municipality shall retain any other right that it may have in law to claim for any and all damages that it may suffer as a result of the Contractors breach of the provisions set forth in the contract, save and except the text in Section 2.10. 2.14 Annual Remuneration This is a three year contract. Remuneration for the 2016 -2017 ice season is $73,379.67 plus the CPI Index (Federal). See Appendix A. This contract will continue for the 2017 -2018, 2018 -2019 ice seasons. (The weekly contract remuneration for each of these ice seasons will be increased by the CPI Index (Federal). 2.15 PAYMENTS The contractor will be paid bi- weekly. The Owner reserves the right to withhold any payment in the event of non - performance. The Owner will give reasonable notice in writing prior to taking such action unless the defective work or non - performance prejudices the safety of the project. 2.16 APPROVALS AND PERMITS All operations connected therewith are subject to the approval, inspection, by -laws and regulations of all municipal, provincial, federal and authorities having jurisdiction in respect to any matter embraced in this contract. 2.17 RESTORATION The Contractor shall be responsible for the reinstatement and repair of all disturbed and damaged areas as a result of the work performed. The Contractor shall ensure that after the one year contract has expired, that the facility will be left in the same condition as when the contract began. The Municipality will complete the facility inspection upon completion of the contract and the last pay will be held back until any and all deficiencies are completed. 2.18 DEFECTIVE WORK AND NON - PERFORMANCE The Owner reserves the right to correct any defective work and to deduct the cost of such work from monies owing on the contract. The Owner also reserves the right to withhold payment in the event of non - performance or to pay only for that portion of the work that has been executed. The Owner will give reasonable notice in writing prior to taking such action unless the defective work or non- performance prejudices the safety of the project. Page 5 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre 2.19 FAILURE TO PERFORM If the Contractor fails to provide the services within the time specified, the Municipality reserves the right to cancel the contract and obtain services from alternate sources. Any extra costs as a result of this action are to be borne by the Contractor who defaulted in providing the services. The bid deposit of the Contractor who fails to enter into a contract shall be forfeited. The Owner may claim damages as appropriate where there was no bid deposit and the Contractor fails to provide the required security, fails to enter into a contract or fails to perform this contract. 2.20 OWNER'S INSPECTION AND SUPERVISION The Municipality will be the sole judge of the adequacy and completeness of the Contractor's work as spelled out by these contract documents. The Contractor shall remedy any defects in workmanship to the satisfaction of the Municipality. 2.21 INCREASE OR DECREASE OF WORK The Municipality reserves the right to vary the amount of work outlined by these documents. No variations from the work that may result in a change to the amount of the contract will be proceeded with until the Contractor, in writing, has obtained proper approval from the Municipality. 2.22 WARRANTY The Contractor shall correct at their own expense, any defects in the work due to faulty products and /or workmanship appearing within a period of one (1) year from the date of substantial completion. 2.23 FREEDOM OF INFORMATION Any personal information collected by or on behalf of the Municipality of Kincardine under this agreement is subject to the Municipal Freedom of Information and Protection of Privacy Act. The information provided to the Municipality of Kincardine may be used to confirm certain information provided in the agreement for this project. The person signing this agreement consents to such collection and use of the information. The person signing this agreement acknowledges that the information contained in the agreement may become public and consents to the release of that information. Any questions regarding the collection, use, or disclosure of the information should be directed to the Clerk of the Municipality of Kincardine. 2.24 TERMINATION Either the Owner or the Contractor may terminate the contract for breach of contract by either party on thirty (30) days notice in writing to the other party. The Municipality may terminate the contract if the successful Contractor does not fulfill any part of the terms and conditions or requirements of this RFP. In case the Contractor defaults or delays in executing the work satisfactorily, the Owner may give notice to the Contractor in writing that the Contractor has made such default. Should the Contractor fail to remedy satisfactorily such defaults without delay, or should the Contractor become insolvent or abandon the work or otherwise fail to observe the provisions of the contract then and in any part of such cases, the Owner may immediately take the work or portions thereof out of the Contractor's hands and employ person or persons such as he may see fit to complete the work so taken over. In any case, the Contractor shall be chargeable with and remains liable for all loss or damage, which may be suffered by the Owner by reason of such default. 2.25 DISPUTE RESOLUTION Should a dispute develop for any provisions within these terms, then the following shall be the course of action Page 6 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre i)Discussion between the Parks & Recreation Director and the Contractor; ii)Should further resolution be required discussions shall occur between the Policy Chair, Parks & Recreation Director and the Contractor; iii)Should further resolution be required, the matter will be decided by Municipal Council. 3.0 - SCOPE OF WORK & SPECIAL PROVISIONS 3.1 OVERVIEW This agreement is for contractual services to operate and manage the Tiverton and District Sports Centre in the Municipality of Kincardine. The Scope of Work: The contractor will endeavor to faithfully execute all the duties as follows: - Be responsible for putting the ice in and ensuring the Tiverton Sports Centre is available for rentals and regular ice users. The Contractor is responsible for taking the ice out at the end of the ice season also. - Regulate all activity in the facility or its property and supervise all bookings. - Provide the billing information by users and renters to the Municipality of Kincardine on a monthly basis. - Ensure that building and public health standards are met. - To be totally responsible for all hiring, supervising and labour charges of support staff, excluding those of contractors and specialists who are required to perform repairs and maintenance on the building or equipment. - Establish shift schedules for staff and maintain payroll records of same. - Establish control maintenance and preventative maintenance schedules for the physical plant. - Actively promote the facility and seek out rentals wherever possible. - Maintain a courteous working relationship with the public and provide information to the press and other media on facility activities. - Perform general maintenance duties in administrative offices, lobbies, and all ramp areas. These duties include keeping all floors clean, office furniture dusted, tables and chairs stacked neatly, garbage receptacles and recycling receptacles emptied. - Perform the necessary duties to ensure that the washrooms are neat and clean at all times. Ensure that all supplies are replenished frequently. - Maintain the arena change rooms and spectator gallery to ensure that they are neat and clean at all times. - Ensure that the ice surface is in the best possible condition at all times. - Maintain all equipment used and make minor repairs where possible. All major repairs (over $1,000) are to be approved by the Parks & Recreation Director. - Keep the outside areas free of litter. In the winter the contractor will be responsible for keeping all exit doors operable whenever the building is occupied, as well as having a ten foot path shoveled outwards from each exit door. The Municipality will snow plow the Tiverton Sports Centre parking lot. 3.2 MUNICIPAL REPRESENTATIVE The Municipality's Representative for the term of this contract is: Karen Kieffer, Parks & Recreation Director Phone: 519- 396 -3491 3.3 SITE SECURITY AND SAFETY The Contractor must ensure that the site be kept safe and secure from the public at all times. The Contractors shall take all necessary precautions to ensure the safety of the public, personnel and equipment used on the site. Page 7 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre 3.4 WORKING HOURS & DAYS Working hours for the contract shall be as necessary to accommodate all user groups and the public that use the Tiverton Sports Centre. Rentals vary during the Mon — Fri daytime hours, however, past user groups have rented the facility Monday — Friday from approximately 5pm —11 pm and Saturdays from 8 am —11 pm and Sundays from 8 am —11 pm. It is estimated that the facility needs to be open for approximately 75 hours per week to accommodate regular users and the public daytime, evenings and weekends. The facility will be closed on Christmas Day and New Year's Day. The facility will be open on all other days during the ice season unless otherwise directed by the Director of Parks & Recreation or Council. When Highway 21 is closed the facility is closed as follows: Monday — Friday — If Highway 21 is closed at 4pm, the TSC will be closed for the evening Sat & Sun — If Highway 21 is closed at 8am, the TSC will be closed till noon If Highway 21 is closed at 11 am, the TSC will be closed till 5 pm If Highway 21 is closed at 4pm, the TSC will be closed for the evening 3.5 MAINTENANCE /REPAIRS The Contractor will be responsible for all minor repairs /maintenance at the Tiverton Sports Centre. Minor repair /maintenance definition is a repair costing Tess than $300.00. The Contractor will fund all minor repairs /maintenance. The Contractor will obtain Purchase Orders from the Recreation Department for all major repairs /maintenance costing over $300.00. The Municipality will fund the major repairs /maintenance. Upon a major mechanical break -down the Contractor will contact an authorized repair agent of the Municipality and a follow -up Purchase Order will be obtained from the Recreation Office within a 48 hour period. 3.6 RESTORATION The Contractor shall leave the Tiverton & District Sports Centre to an equivalent or better condition than existed prior to the commencement of the contract. 3.7 CLEAN UP OF SITE The Contractor is to maintain the work site in a clean and orderly fashion at all times. 3.8 WORKMANSHIP The workmanship shall be of a uniformly high quality, not only as regards durability, efficiency and safety, but also as regards to neatness of detail. Mediocre or inferior work shall be replaced by work of first class quality without cost to the Corporation when so ordered by the Municipal Representative. 3.9 INSPECTIONS The Municipality & Contractor will complete a pre- season and post- season inspection of the facility. Page 8 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre APPENDIX A This is a three year contract. Remuneration for the 2016 -2017 ice season is $73,379.67 plus the CPI Index (Federal). See Appendix A. This contract will continue for the 2017 -2018, 2018 -2019 ice seasons. (The weekly contract remuneration for each of these ice seasons will be increased by the CPI Index (Federal). Page 9 1 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre APPENDIX B Supplies /Expenses that the Municipality of Kincardine will provide in order to facilitate the public use of this facility: - Washroom Supplies - Cleaning Supplies -Light Bulbs -Waste Management (removal of garbage) - Olympia Blade Sharpening - Start-up and Shut -down of Compressors Please note that the Municipality of Kincardine will pay all utility bills (Propane, Hydro, Water, Fire Alarm Maintenance Contract) as an owners obligation of the Tiverton Sports Centre. MAINTENANCE /REPAIRS The Contractor will be responsible for all minor repairs /maintenance at the Tiverton Sports Centre. Minor repair /maintenance definition is a repair costing less than $300.00. The Contractor will fund all minor repairs /maintenance. The Contractor will obtain Purchase Orders from the Recreation Department for all major repairs /maintenance costing over $300.00. The Municipality will fund these major repairs /maintenance. Upon a major mechanical break -down the Contractor will contact an authorized repair agent of the Municipality and a follow -up Purchase Order will be obtained from the Recreation Office within a 48 hour period. Page 10 CORPORATION OF THE MUNICIPALITY OF KINCARDINE Agreement to Operate and Manage the Tiverton Sports Centre This agreement shall be binding on the Municipality of Kincardine and any successor municipal corporation which may succeed or replace the Municipality. This agreement shall not be assigned or transferred by the Contractor without the expressed written consent of the Municipality having first been obtained. This agreement shall be in force and effect only upon its authorization by a by -law by the Council of the Municipality of Kincardine. Any changes or other amendments to this agreement may only be made by further agreement in writing and duly authorized and signed by the parties. IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their duly authorised representatives to be effective as of the Effective date stated at the top of this Agreement. Authorized by By -Law No. 2016 -104 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: 5c 4► e Clerk, Donn MaceoaQ tt1 (a$ nuatiar 12ec1 n7 By -144.0 a, Zot5 034 Per: ! _ Mayor, Anne Eadie We have the authority to bind the Corporation Contractor - Ev' Rose Layne C he 1 f Per: h _2•11q/r,1.f 11/0 WITNESS 1 Deb Simmons Page 11