3523 To adopt a memorandum of understanding with the Tillsonburg Seniors CentreCORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 3523
BEING A BY-LAW TO ADOPT A
MEMORANDUM OF UNDERSTANDING WITH THE
TILLSONBURG SENIORS CENTRE
WHEREAS the Municipal Act, S.O. 2001 requires a municipality to have a procurement policy;
AND WHEREAS the Council of the Town Of Tillsonburg recognizes the need for a clear and
concise memorandum of understanding with the Tillsonburg Seniors Centre;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. THAT effective upon passage of the Memorandum of Understanding attached hereto as
Schedule "A" and forming part of this By-law is hereby adopted.
2. THAT this Memorandum of Understanding By-law may be amended from time to time
as directed and deemed necessary by the Council of the Corporation of the Town of
Tillsonburg.
3. THAT by-Law 3467 and any Memorandum of Understanding previously adopted are
hereby repealed;
4. AND THAT this by-law shall come into full force and effect upon final passing.
thREAD A FIRST AND SECOND TIME THIS 27m DAY OF JUNE, 2011.
READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF JUNE, 2011.
CLERK - Donna Hemeryck
- 2 - Schedule "A" to By-law 3523
MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING made this 27™ day of JUNE, 2011
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 management,operation, use and maintenance of the Senior Centre proper.
2. This Memorandum of Understanding supersedes all prior documentsand agreements pertaining to all aspects of the Senior Centre.
3. It is the desire of both parties that the Senior Centre: enjoy andexercise maximum authority in the operation of the Tillsonburg :Centre in accordance with the terms of this memorandum.
1.0 PERSONNEL
(a) The Senior Centre shall be the employer for their
programming staff. The Senior Centre Executive shall
exercise all daily management of their staff including payroll
and statutory deductions. Further, the Town of Tillsonburg
assumes no liability relating to the staff of the Senior Centre.
(b) In cooperation, should the Town host staff-wide training,
the Town will make every reasonable effort to advise the
Senior Centre Executive in advance to determine if their staff
ought to participate. Generally, in the spirit of goodwill, the
Town will not charge the Senior Centre for the training
opportunities.
(c) The Town Community Centre Recreation Manager, through
his or her staff complement (Town employees) shall be solely
responsible for the execution of all facility maintenance and
repairs The Senior Centre staff shall utilize the work order
request system to log maintenance and repair issues.
(d) The Town agrees that the Senior Centre personnel shall
continue to have access to the following software
applications: CLASS, WEBB. Further, the Town agrees that
the existing internal telephone system shall continue to be
provided free of charge for the staff and executive of the
Senior Centre proper. Due to operational restrictions, Lotus
Notes can no longer be provided to the Senior Centre proper.
- 3 - Schedule "A" to By-law 3523
2.0 SECURITY
(a)AII entrances to the Senior Centre, whether from outside or fromwithin the Community Centre proper, shall be capable of beinglocked and secured.
(b) Keys to all entrances and rooms within the Senior Centre shallbe the joint responsibility of the Senior Centre and the Town ofTillsonburg. As a Town asset, the Town needs to ensureappropriate controls are in place. Equally, the chattels within thecentre are the property of the Senior Centre and the Centre needsto ensure appropriate controls are in place. The Town requires allkeys for all internal facility rooms. Personnel designated by theTown 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 enterthe Senior Centre for the purppse of showing the facilities tovisitors, provided there is no disruption or interference withactivities in progress.
(d) Subject to the above, and subject to rental of the facilities ashereinafter set out, access to the Senior Centre will be controlled bythe Senior Centre without exception. However, access to the Townof Tillsonburg will not be unreasonably withheld by the SeniorCentre.
3.0 MAINTENANCE, REPAIR, CARETAKING, ETC.
(a) The Town will be responsible for the regular cleaning of theSenior Centre at no cost. There will be a charge for the set-up oftables and chairs on a monthly basis for external events (excludingduplicate bridge, horticultural and square dancing events) at a cost of$52 for 2 operators for one hour or $104 for 2 operators for two hours.The schedule will be submitted by the Senior Centre ProgrammingAdministrator. Should a special cleaning initiative be scheduled, theTown will make ever/ effort to provide the Senior Centre with aminimum of two weeks advance notice.
(b) The Town will be responsible for general maintenance andrepair, and any general or specialized areas of cleaning requestedby the Senior Centre. The Senior Centre shall provide the Town ofTillsonburg with any special requests by October of each year forinclusion with the annual business plans.
(c) The Senior Centre will assist in the painting, decorationand furnishing of the Senior Centre by mutual agreementwith the Town concerning colours, style and layout, etc. Anystructural and/or physical modifications within the SeniorCentre proper, requires the support and approval of the TownFacilities Manager. In cases where said will be completed, theTown Facilities Manager will execute as part of their annualbusiness plan within the confines of the Procurement By-law.
(d) As this structure is part of the Tillsonburg Community Centre,
the Town will be responsible for all costs of heating, utilities and
insurance on the premises, and for any major repairs.
(e) Liability insurance protection for the Senior Centre facility and
walkways 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 berented to outside parties from time to time by the Town staff.The Senior Centre will self manage the rentals that are withinthe Senior Centre proper, All Town policies must be compliedwith (i.e., Alcohol & Gaming Commission, SOCAN).
(h) The Town of Tillsonburg requires that all requests for electrical,HVAC, Plumbing be submitted using the work order template forinclusion with the normal day to day operations of the TillsonburgCommunity Centre building.
- 4 - Schedule "A" to By-law 3523
(i) Rentals within the Senior Centre shall be according to the followingguidelines:
(a) The Senior Centre rental rates shall be providedannually to the Town for inclusion to the User Fees &Charges By-law.
(b) The Senior Centre will make all arrangements for therental and charge accordingly, including if the rental is tothe Town of Tillsonburg. The reciprocal will apply shouldthe 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 to the Senior Centre, and
is in addition to the rental amount charged. Should any
damage be incurred, the Senior Centre shall reimburse the
Town for actual costs of repair. The town shall be
responsible for executing the repair. 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 owing, less any charges that may have had to be
applied for the reasons stated above.
(d) The Senior Centre shall provide, preferably in electronicformat, to the Facilities Manager every two weeks with set-upand tear-down requirements. The Town staff will provide set-up and take-down of chairs, tables, equipment, etc., in themeeting or activity rooms and areas, and will also beresponsible for cleaning after third party rentals at no charge.The labour requirements of this arrangement will be reviewedannually to ensure its fairness to both parties.
4.0 TRANSFER PAYMENT
The Town of Tillsonburg shall obtain the annual grant fromthe Ministry of Health and Long-Term Care Elderly PersonsCentres Budget. The actual costs highlighted in thisagreement shall be reimbursed to the town on a quarterlybasis. The Senior Centre shall submit the annual financialstatements and cash balances to the Town of Tillsonburg nolater than March 31, of each year. The Town shall credit theSenior Centre account for the value of $31,000 annuallyunless the annual grant is reduced from the 2011 level of$42,700. Should the annual grant change, either be reducedor increased, then a meeting is required to review the changeand its distribution. Such a meeting to be held in a timelymatter.
5.0 AGREEMENT
This agreement shall be in effect from date of signing andwill be subject to annual review in the month of August, atwhich time the parties will meet to discuss any requiredamendments. Further, this agreement may be amended atany time by mutual consent.
Schedule "A" to By-law 3523
IN WITNESS WHEREOF the parties have hereunto set their hands and sealsthe day and year first above written.
thSIGNED, and DELIVERED on the 27mday of June, 2011.
NIOR CENTRE
President
Secretary
TOWNOFTILLSONBURG
Chief Administrative Officer