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4259 Schedule A - Memorandum of Understanding - Tillsonburg District Craft GuildMemorandum of Understanding BETWEEN The Cor poration of the Town of Tillsonburg (Hereinafter referred to as the "Town") -and- Tillsonburg District Craft Gui ld (operating as the Station Arts Centre) (Hereinafter referred to as the "TDCG") Dated Ja nuary 28, 2019 WHEREAS the TDCG and the Town wish to enter into this Memorandum to have the TDCG perform certain services and the Town provide certain resources described herein in accordance with the terms of this Memorandum; Now therefore in consideration of the mutual covenants of the parties set forth in this Memorandum and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the TDCG and the Town agree as fo llows: 1. PURPOSE The purpose of this Memorandum is to continue and expand a framework of cooperation between the Town and the TDCG fo r the provision of arts, culture and tourism information services in Tillson burg to the benefit of both its residents and visitors. 2. STATEMENT OF BENEFITS 2.1. The benefits to the Town include: 2.1.1. The provisio n of Arts & Culture through classes, workshops etc. offered to the residents of Tillson burg. 2.1.2. Ra is ing the cultural profile ofTillsonburg through art exhibitions and create a cultural destination point in and for the Town of Tillson burg. 2.1.3. The provision and expansion of youth cultural immersion in the form of s upervised classes, Summ er Art Camps, March Break program, workshops, School pilot programs, PA Day programs. 2.1.4. The provisio n of a tourism inform ation centre that offers a high-profile location adjacent to Broadway and within the Downtown core. 2.1.5. The provision of tourism information and amenities to the general public and visitors to the Town through a tourism reception desk that can provide information and assistance. Page 1 / 8 TDCG MOU 2019-2022.FINAL.docx 2.1.6. 2.1.7. The provision of a tourism coordination function to ensure effective liaison between local tourism initiatives/events and Tourism Oxford as well as other regional marketing initiatives. The appropriate use of an existing Town-owned heritage building. 2.2. The benefits to the TDCG include: 2.2.1. Financial support for operational costs of providing arts and culture programming and supporting the provision of tourism information to visitors. 2.2.2. A facility and grounds to operate from to provide: a) art & culture exhibitions; b) space for retail sales of art and artisanal works; c) classes and workshops to TDCG members and the public; d) meeting and working space for TDCG members and activities; and e) ancillary TDCG activities. 3. RESPONSIBILITIES 3.1. The Town shall: 3.1.1. Allow the TDGC to occupy the Station Arts Centre building throughout the 3.1.2. 3.1.3. 3.1.4. 3.1.5. 3.1.6. term of this Memorandum for furthering arts, culture and tourism in the Town ofTillsonburg and surrounding area. Pay to the TDCG the sum of $40,000 in 2019. In 2020 and beyond, the amount will increase annually in accordance with the Consumer Price Index for Ontario for the previous calendar year. Payment will be made subsequent to the approval of the Town's annual budget. Agree to entertain negotiations and applications from time to time for special purpose grants. Maintain the property at 41 Bridge St. W. to Town standards for Town Responsibilities as outlined in "Schedule B" including, but not limited to: a) Structural maintenance such as roof and all other exterior items; b) c) d) Snow removal; Sidewalk maintenance; and Mechanical systems such as electrical and plumbing, heating and air conditioning systems. Maintain the parkette surrounding the Caboose adjacent to the property at 41 Bridge St. West. Appoint an ex-officio liaison between the Town and the TDGC for the duration of this Memorandum. 3.2. The TDCG shall: 3.2.1. Provide information and amenities to the general public and visitors during regular business hours; namely, Monday to Saturday from 9am-4pm with the exception of Statutory Holidays. 3.2.2. Provide trained staff to deliver the services noted in through a combination of full-time, part-time and volunteer staff. Page 2 / 8 TDCG MOU 2019-2022.FJNALdocx 3.2.3. 3.2.4. 3.2.5. 3.2.6. 3.2.7. 3.2.8. 3.2.9. 3.2.10. 3.2.11. 3.2.12. Maintain program support for current activities the same as or similar to the list of events listed in Schedule "A". Partner with local events when applicable and possible. For example, but not limited to: a) Shunpikers Tour; b) Oxford Car Rally; c) Oxford Cheese Month; d) Participation on the Cultural, Heritage & Special Awards Advisory Committee; e) Oxford Creative Connections; and f) Woodstock Art Gallery (Visual Elements Juried Exhibit). Maintain role as coordinator for the Electronics Recycling Program. Maintain liaison role with Tourism Oxford through promoting local & cultural initiatives. Maintain the property at 41 Bridge St W. to Town standards for TDCG Responsibilities as outlined in "Schedule B" including, but not limited to: a) payment of costs for all utility services; b) payment of costs for communications services including phone and internet service, alarm monitoring, etc.; c) interior amenities and aesthetics including painting and wall coverings; and d) perform or have performed all interior janitorial services. Maintain the Caboose displayed at 41 Bridge St W. parkette west of the Station to Town standards. Maintain tenant insurance for the TDCG chattels on the premises. Maintain a Liability Insurance policy with a minimum coverage of $5,000,000, and provide the Town with an annual Certificate of Insurance naming the Corporation of the Town ofTillsonburg as an additional insured. Participate in appropriate planning and fund raising for long-term capital projects in liaison with the Town. Provide quarterly updates to the Town with respect to the number of participants in the activities of the TDCG and an submit financial statements prepared by an accountant to the Town on an annual basis. 4. PROGRAM EXPANSION 4.1. To facilitate the provision of cultural and tourism service for the Town, programming must be kept current As such the TDCG shall assist with new events and expand current events, and initiatives as proposed and approved by the TDCG board and community partners 4.2. The TDCG will liaise with Tourism Oxford and other tourism and community groups to develop new initiatives and approaches, ie. Cooperative marketing opportunities. 4.3. The TDCG will work with the Town and other agencies to build tourism, cultural awareness and opportunities, and where applicable, partner with other groups in Tillsonburg and area. Page 3 / 8 TOCG MOU 2019-2022.0RAFT.doCI( 5, AMENDMENT 5.1. Notwithstanding this Memorandum, should any of the above responsibilities cause undue financial distress to the responsible organization, the Town and the TDCG shall each have the right to initiate a renegotiation and/or an amendment to this Memorandum. 5.2. Amendments within the scope of this Memorandum shall be made by the issuance of a written modification, signed and dated by the Town and the TDCG, prior to any changes being performed and by mutual consent of both parties. Returned email confirmation by the signing parties is also an acceptable form of amendments should the matter be time sensitive in nature. 6. PARTICIPATION IN SIMILAR ACTIVITIES 6.1. This Memorandum in no way restricts the Town from participating in similar activities with other public or private agencies, organizations and individuals. 7. EFFECTIVE DATE 7.1. This Memorandum is effective upon signature of the parties and will remain in effect for the duration of the term of Council unless terminated as provided for under the subsequent section. 7.2. For the period of time between the end of the term of Council and the renewal or replacement of this Memorandum by the subsequent Council, the terms of the Memorandum will be considered to be in effect, excepting Section 3.1.2. 8. TERMINATION 8.1. This Memorandum may be terminated by either party at any time with sixty (60) days' notice, delivered in writing as provided below. 9. NOTICES 9.1. All notices, requests, directions or other communications ("Notices") required or permitted herein will be in writing and will be delivered to the parties hereto respectively as follows: If to the Town of Tillson burg: The Corporation of the Town ofTillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 t) 519-688-3009 ext. 3224 f) 519-842-9431 Attn: Clerk If to the TDCG Page 4 / 8 Tillsonburg District Craft Guild 41 Bridge St W. Tillsonburg ON N4G 5P2 t) 519-842-6151 TDCG MOU 2019-2022.DRAFT.doc::x IN WITNESS WHEREOF the duly authorized officers of the arties have executed this Agreement as of the date first written. The Corporation of the Town ofTillsonburg Tillsonburg District Craft Guild Page 5 I a me: Stephen Molnar Title: Mayor ofTillsonburg By:~ Name: Donna Wilson Title: Clerk Date: We have authority to bind the Corporation. By: il. k (t.,..,, Name: Gale Connor Title: President of the Board of Directors Date: I have authority to bind the TDCG TOCG MOU 2019-2022.DRAFT.dcx::x "Schedule A" The Tillson burg District Craft Guild was instrumental in providing programming support in the following activities in 2018: • FamilyDay • Kids Camp/PA Day activities • Farmers Market (May to November) • Oxford Studio Tour • Doors Open Oxford • Tillsonburg Garden Tour • Turtlefest/Creative Imaginations • Canada Day Pancake Breakfast • Summer Camps • Week of Remembrance • Christmas Tour of Homes • Help Portrait • Trivia Night • Sip, Swirl, Swallow (Local Wines & Cheeses) • Holiday Arts Market Page 6 I 8 TOCG MOU 2019-2022.DRAFT.®CX Schedule B Assignation of Responsibilities with respect to Buildings, Maintenance, Repairs, and Contracts Town Responsibilities Station Responsibilities 1. Bricks and Mortar-Structural-exterior-1. Interior aesthetics roof, foundation, courtyard 2. Painting interiors 2. Snow Removal 3. Utility costs 3. Lawn maintenance 4. Monitored security and smoke alarm 4. Sidewalk maintenance system 5. Janitorial requirements 5. Utility repair and replacement-HVAC, 6. Contact Manager of Parks & Facilities electrical, plumbing in emergencies with structure, HVAC, 6. Any audits for security, utilities, electrical, plumbing structure 7. Notify Town Liaison with any 7. Present upgrades/repairs/alterations upgrades/repairs/alterations that to Town Council for consideration. should be considered for Town Budget deliberations for the next year. 8. Liaison with the Station for Station This is done annually in the fall for Board meetings and presentations to Council and confirmed if allowed by Town. March of the following year. 9. Pre-existing contracts for service & 8. Notify Town Liaison of any grant repair contractors by the Station will applications for aesthetics that may be honoured by the Town so long as address structure, HVAC, electrical, plumbing for approval and letter of they have WSIB and insurance (i. e. support for application, along with 3 D&B ClimateCare, ADT) quotes for the project. 10. ADT: Agents of the Town ( owner) are 9. Any variations/overages may be emergency contacts after Guild considered by the Town and contacts. calculated as a variance and part of 11. Manager of Parks & Facilities and the operating budget of the Town for Facilities Supervisor have security this facility. Under $5000 may be addressed at the discretion of the access to the Red Station and ADT Manager of Parks & Facilities as panel. operational repairs. 12. Manager of Parks & Facilities will 10. Amounts over $5000 must go to Town have key to main door should Red Council for consideration as capital Station entry fail. expense. Process to Commence Work Process to Commence Work 1. Assess request from Station Call in customer service general line 516-688- 2. Emergency-confirm repairs to be done 3009 or call/email Manager/Supervisor and any preexisting contractors to directly at contact information below. carry out work i.e. requests for work 3. Inform Station when work is to Email and Call if urgent Page 7 / 8 TDCG MOU 2019-2022.DRAFT.docx commence and the contractor being used 4. General request-may use preexisting contractors but still requires quotes Town Contacts by priority TDCG Contacts by priority 1. Manager of Parks & Facilities 1. Executive Director Corey Hill Deb Beard chill@tillsonburg.ca, office@stationarts.ca 519-688-3009 x4232 (w), 519-842-6151 (w) 519-808-7727(c) 519-983-7378 ( c) 2. Facilities Supervisor 2. TDCG Treasurer Karen Patenaude Diane Patenaude - k(2atenaude@tillsonburg.ca d(2atenaude@stationarts.ca 519-688-3009 X 2248 (W) 3. TDCG President 519-403-6881 (c) Gale Connor gconnor@stationarts.ca Page 8 / 8 TDCG MOU 2019-2022.DRAFT.docx