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HomeMy WebLinkAbout2001-217 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- 217 Being a By-law to authorize a contract for management services between the Municipality of Clarington and the Clarington Older Adult Association respecting the Clarington Beech Centre WHEREAS at its meeting on December 10, 2001, the Council of the Municipality of Clarington approved the recommendations contained in Report FND-011-01 as amended by Addendum to Report FND-011-01. THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Municipal Clerk are hereby authorized to make a contract for management services between the Municipality and the Clarington Older Adult Association referred to in Report FND-011-01. By-law read a first and second time this 10ffi of December, 2001. BY-law read a third time and finally passed this 10th day of December, 2001. utton, Mayor P i L. ie, cipal Clerk THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT made as of this 20th day of December 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the `Municipality") OF THE FIRST PART - and- CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the "Association") OF THE SECOND PART WHEREAS: A. The Association has agreed to provide coordination services respecting the maintenance and operation of the "Clarington Beech Centre" (as defined in the Memorandum of Understanding between the Municipality and the Association also dated December 10, 2001 ("Memorandum of Understanding") including the lands described in Schedule "A" of the Memorandum of Understanding and to perform certain custodial and responsibilities. The coordination of services and custodial responsibilities are described below in this Agreement. B. The Municipality has agreed to pay the Association the sum of Twelve Thousand ($12,000.00) Dollars per annum for the term of this Agreement for the performance of the services referred to in Recital "A". C. This Agreement is made in order to implement section 5.3 of Report FND-011-01 as amended by Addendum to Report FND-011-01, as approved by the Council of the Municipality at its meeting on December 10, 2001. D. The execution of this Agreement on behalf of the Municipality by the Mayor and Municipal Clerk is authorized by By-law No. 2001-217 passed by the Council of the Municipality on December 10, 2001. 2 NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration(the receipt whereof by each of the parties is hereby acknowledged) covenant and agree as follows: 1. For the term of this Agreement, the Association will provide to the Municipality and to the "Clarington Beech Centre" (as defined in the Memorandum of Understanding) services for the competent coordination reasonably required for the maintenance and operation of the Clarington Beech Centre including the lands described in Schedule "A" of the Memorandum of Understanding. Without limiting the generality of the foregoing, the operation of the Clarington Beech Centre shall include the provision by the Association of reasonably necessary custodial duties to keep it and any property of any kind which is within it from time to time, secure. 2. Commencing on January 1, 2002 and thereafter on the anniversary of that date during the term of this Agreement, the Municipality shall pay to the Association the sum of Twelve Thousand($12,000.00) Dollars per annum as a fee for the performance by the Association of the services referred to in paragraph 1, provided that if the term of this Agreement expires during a calendar year,the amount of the fee payable for the portion of the calendar year which expires on the date of termination of the term shall be the amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of days in that calendar year from and including January 1St of that year to and including the date of the expiry of the term of this Agreement. The amount of any overpayment by the Municipality to the Association shall be repaid to the Municipality as a debt, forthwith after the Municipality gives the Association written notice requiring the Association to repay the amount of the overpayment. 3. In performing the coordination services referred to in paragraph 1, the Association will make available a reasonable portion of the working time of its Executive Director, or in the absence of the Executive Director, another person who is either employed by or contracted to the Association and is competent and qualified to provide the required coordination services at a reasonable level of performance. Additionally,the Association will provide a suitable person who shall be either an employee or a member of the Association to perform the custodial duties referred to in paragraph 1 of this Agreement. In no event shall any person whose services are provided by the Association pursuant to this Agreement be or be represented by the Association or by any person acting with the authority of the Association, to be either a full-time or a part-time employee either of the Municipality or of the Clarington Beech Centre Board. 4. The term of this Agreement shall expire on the earlier to occur of the date of termination of the Sub-lease and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Bowmanville Lions Club and the date of termination of the Sub-lease and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Durham Region Community Care Association. 3 5. This Agreement shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this Agreement shall enure to the benefit of the Municipality, its successors and assigns, it shall enure only to the benefit of the Association and not to the benefit of the Association's successors and assigns. 6. Time shall be of the essence of this in all respects and in every part of it. 7. This Agreement may be executed in counterpart by each of the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPOfZATION OF THE MUNIC TY O ARI 'TON A n, yor rle, icipal Clerk CLARINGTON OLDER ADULT ASSOCIATION Per: '' _ �; ,�.s� .�-✓� Name: Title: ' Per: e: � Title: