HomeMy WebLinkAboutFND-011-01 Addendum
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Cl~mglOn
REPORT
FINANCE DEPARTMENT
Meeting:
COUNCIL
Date:
MONDAY, DECEMBER 10,2001
/'_1 W-o/
Resolution #:L./ (9
Report #: ADDENDUM TO FND-011-01 File #:
By-law #:r::XXi (- 0J /7
Subject:
ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report FND-011-01 be received;
2. THAT Recommendation 7 of Report FND-011-01 be renumbered as Recommendation 8
and new Recommendation 7 be added as follows:
"7, THAT notwithstanding the provisions of By-law No. 94-129, Councii approve an
Agreement between the Municipality and Clarington Older Adult Association
regarding the provision of certain management and custodial services
substantially in the form of the draft Agreement contained in Attachment 1 to the
Addendum to Report FND-011-01 and pass a By-Law to authorize the Mayor and
Clerk to execute the Agreement on behalf of the Municipality."
3, THAT copies of Addendum to Report FND-011-01 be sent to:
. Ciarington Older Adult Association;
. The Lions Club of Bowmanvilie;
. The Bowmanville Tennis Club; and
. Durham Region Community Care Association.
Submitted by:
Reviewed b() ht.... C C--.:::(z.9-t..
Franklin Wu
Chief Administrative Officer
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REPORT NO.: FND-011-01
PAGE 2
1.0 DISCUSSION
1.1 Section 5.3 of Report FND-011-01 refers to a contract for management services to be
provided by the Clarington Older Adult Association respecting the Clarington Beech
Centre. A draft contract is contained in Attachment No, 1 to this Addendum, It is
recommended that it be approved by Council and that the necessary authorizing By-Law
be passed.
Attachment:
Attachment #1- Draft Contract for Management Services
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REPORT NO.: FND-011-01
PAGE 3
Interested parties to be advised of Council's decision:
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, Ontario
L 1C 3A2
The Lions Club of Bowmanville
C/o 26 Beech Avenue
Bowmanville, Ontario
L 1C 3A2
Durham Region Community Care Association
C/o 26 Beech Avenue
Bowmanville, Ontario
L 1 C 3A2
The Bowmanville Tennis Club
C/o 26 Beech Avenue
Bowmanville, Ontario
L 1C 3A2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608
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Attachment #1
Draft #1
Wednesday, December 05, 2001
THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT made as of
this lOth day of December 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and-
CLARINGTON OLDER ADUL T 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-OII-OI as
amended by Addendum to Report FND-OII-OI, as approved by the Council of the Municipality
at its meeting on December 10.2001.
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D, The execution of this Agreement on behalf ofthe Municipality by the Mayor and
Municipal Clerk is authorized by By-law No, 2001"_ passed by the Council of the
Municipality on December 10, 2001,
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 ofthis 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 l5t 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 ofthe 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
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and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to
the Durham Region Community Care Association,
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.
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 CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
CLARINGTON OLDER ADULT
ASSOCIATION
Per:
Name:
Title:
Per:
Name:
Title: