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3467 To Authorize MOU between Town of Tillsonburg & Tillsonburg Senior CentreTHE CORPORATION OF THE TOWN OF TII.,LSONBURG BY-LAW NUMBER 3467 A BY-LAW TO AUTHORIZE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE BOARD OF DIRECTORS OF THE TILLSONBURG SENIOR CENTRE. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter, into a Memorandum of Understanding with The Board of Directors of the Tillsonburg Senior Centre. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Memorandum of Understanding attached hereto as Schedule "A, and forming part of this By-law between the Corporation of the Town of Tillsonburg and The Board of Directors of The Senior Centre is hereby approved; 2. THAT the Mayor and CAO be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By -Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 22nd day of November, 2010. READ A THIRD AND FINAL TIME AND PASSED THIS,;4&fday of November, 2010. MAYOR — STEPHEN MOLNAR CLERK — DONNA HEMERYCK THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3467 A BY-LAW TO AUTHORIZE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE BOARD OF DIRECTORS OF THE TILLSONBURG SENIOR CENTRE. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Memorandum of Understanding with The Board of Directors of the Tillsonburg Senior Centre. THEREFORE the council of the Town of Tillsonburg enacts as follows: 1. THAT the Memorandum of Understanding attached hereto as Schedule "A"' and forming part of this By-law between the Corporation of the Town of Tillsonburg and The Board of Directors of The Senior Centre is hereby approved; 2. THAT the Mayor and CAO be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By -Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 22nd day of November, 2010. READ A THIRD AND FINAL TIME AND PASSED THIS '72�J day of November, 2010. MAYOR —STEPHEN MOLNAR CLERK — DONNA HEMERYCK MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING made this'1day of11:_, 2010 Made Between The Board of Directors of the Tillsonburg Senior Centre, Hereinafter called the "Senior Centre". AND The Town of Tillsonburg, Hereinafter called the "Town' 1. This Memorandum of Understanding pertains to the administrative control and management, operation, use and maintenance of the Senior Centre. 2. This Memorandum of Understanding supersedes all prior documents and agreements pertaining to all aspects of the Senior Centre. 3. It is the desire of both parties that the Senior Centre: enjoy and exercise maximum authority in the operation of the Tillsonburg Senior Centre in accordance with the terms of this memorandum. 1.0 PERSONNEL (a) The Town agrees to provide one qualified staff to work with the Senior Centre membership in the capacity of administrative and programming support. (b) The Town agrees to retain the employment of the current incumbent at 35 hours per week until the incumbent chooses to retire or leave the organization. (c)The. Senior Centre shall maintain one part-time employee. All terms and conditions of the employment remain the responsibility of the Senior Centre. Further, the Town assumes no liability or responsibility for the part-time employee, including all overhead costs (i.e., WSIB, (�PP etc.,) (d) When the attendance of the full-time employee is required for Town of Tillsonburg business and/or training sessions, such attendance shall be advised to the President of the Senior Centre. Where reasonable, the training shall be offered ,to the part-time Senior Centre employee at no cost to the Senior Centre. (e) The Town Community Centre Recreation Manager shall seek input from the President of the Senior Centre for the annual performance review of the full-time employee. 2.0 SECURITY (a)AII entrances to the Senior Centre, whether from outside or from within the Community Centre proper, shall be capable of being locked and secured. (b) Keys to all entrances and rooms within the Senior Centre shall be the joint responsibility of the senior Centre and the Town of Tillsonburg. As a Town asset, the Town needs to ensure appropriate controls are in place. Equally, the chattels within the centre are the property of the Senior Centre and the Centre needs to ensure appropriate controls are in place. The Town requires all keys for all internal facility rooms. Personnel designated by the Town will have regular access to the Senior Centre for maintenance, caretaking and repair purposes. (c)With as much advance notice as possible, Town staff may enter the Senior Centre for the purpose of showing the facilities to visitors, provided there is no disruption or interference with activities in progress. (d) Subject to the above, and subject to rental of the facilities as hereinafter set out, access to the Senior Centre will be controlled by the Senior Centre without exception. However, access will not be unreasonably withheld by the Senior Centre. 3.0 MAINTENANCE, REPAIR, CARETAKING, ETC. (a) The Town will be responsible for the regular cleaning of the Senior Centre. Should a special cleaning initiative be scheduled, the Town will make every effort to provide the Senior Centre with a minimum of two weeks advance notice. (b) The Town will be responsible for general maintenance and repair, and any general or specialized areas of cleaning requested by the Senior Centre. The Senior Centre shall provide the Town of Tillsonburg with any special requests by October of each year for inclusion with the annual business plans. c) The Senior Centre will assist in the painting, decoration and urnishing of the Senior Centre by mutual agreement with the Town concerning colours, style and layout, etc. Any structural and/or physical modifications within the Senior Centre proper, requires the support and approval of the Town Facilities Manager. In cases where said will be completed, the Town Facilities Manager will execute as part of their annual business plan within the confines of the Procurement By-law. (d) As this structure is pert of the Tillsonburg Community Centre, the Town will be responsible for heating, utilities and insurance on the premises, and for any major repairs. (e) Liability insurance protection for the Senior Centre will be under the Town's insurance coverage. (f) The Senior Centre will be responsible for insuring their chattels. (g) Only the Auditorium, Crafts Room, and Board Room may be rented to outside parties from time to time by the Town staff. The Senior- Centre will self manage the rentals that are within the Senior Centre proper. All Town policies must be complied with (i.e., Alcohol & Gaming Commission, SOCAN). (h) The Senior Centre may arrange rentals of rooms or other amenities within the Senior Centre, and will advise the appropriate Town staff accordingly with at least two weeks advanced notice. Alternatively, rentals, subject to availability, may be arranged by the Town Staff designated and authorized to do so, as part of their normal rental function who will reciprocate with two weeks advanced notice. The Senior Centre shall provide the Recreation manager a monthly schedule of all programming activities. Further, all rentals arranged by the Town of Tillsonburg shall be provided to the Senior Centre no less than two weeks in advance. (i) The Town of Tillsonburg requires that all requests for electrical, HVAC, Plumbing be submitted using the work order template for inclusion with the normal day to day operations of the Tillsonburg Community Centre building. (j) Rentals within the Senior Centre shall be according to the following guidelines: (a) The Senior Centre rental rates shall be provided annually to the Town for inclusion to the User Fees &Charges By-law. (b) The Senior (entre will make all arrangements for the rental and charge accordingly, including if the rental is to the Town of Tillsonburg. The reciprocal will apply should the Senior Centre choose to rent a room within the Town; and appropriate rates will apply. (c) Insofar as rentals of rooms or other facilities or amenities with the Senior Centre proper by third party groups or individuals, and in the interests of both the Town and the Board of Directors of the Senior Centre, a security deposit of $150.00 will be paid by the renter(s) to cover any malicious damage to the rented premises, or extra clean-up necessary due to carelessness. Such security deposit to be paid in advance at the time of approval of the rental application by the Town and the Senior Centre, and is in addition to the rental amount charged. It will be refunded in full to the renter (s) provided both the Town and the Senior Centre are fully satisfied that there has been no malicious damage or excessive clean-up required after the event and upon inspection. The renter(s) will have the option of applying the security deposit to the rental amount swing, less any charges that may have had to be applied for the reasons stated above. (d) All rental income, whether arranged through or by the Town or by the Senior Centre, shall be retained by the host party. The prior revenue sharing arrangement of 50/50 shall cease on or about August 1, 2010. (e) The Senior Centre shall provide, preferably in electronic format, to the Facilities Manager every two weeks with set-up and tear -down requirements. The Town staff will provide set-up and take-down of chairs, tables, equipment, etc., in the meeting or activity rooms and areas, and will also be responsible for cleaning after third party rentals at no charge. The labor requirements of this arrangement will be reviewed annually to ensure its fairness to both parties. 4.0 TRANSFER PAYMENT The Senior Centre and Town of Tillsonburg agree that the $2,400 monthly contribution shall cease the first of August 1, 2010. All other financial arrangements shall be retained. 5.0 AGREEMENT This agreement shall be in effect from date of signing and will be subject to annual review in the month of September,, at which time the parties will meet to discuss any required amendments. Further, this agreement may be amended at any time by mutual consent. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. SIGNED, and DELIVERED on of 2010. TILLSONBUR E R CENTRE President Secretary TOWN OF TII I SONBURG ayor Ctief----A---d-"-m"'-thistrative Officer the 6?j " day