ATTACHMENT “C”

 


INDEX  

 

INTENT OF POLICIES                                                                                              2

 

SECTION I - COMMUNITY BOARD STATUS                                                       3

 

SECTION II - FACILITY RENTAL GUIDELINES                                                   4

 

SECTION III - ALCOHOL POLICY                                                                         8

 

SECTION IV - FACILITY MAINTENANCE POLICY                                            8

 

APPENDIX A - SPECIAL OCCASION PERMIT HOLDER AGREEMENT            12

 

APPENDIX B - STANDARD CLEANING AGREEMENT                                       13

 

APPENDIX C- FACILITY CLASSIFICATIONS                                                      16

 

APPENDIX D- TOWN OF MARKHAM ALCOHOL POLICY                                17

 

STANDARD RENTAL CONTRACT / TERMS AND CONDITIONS

(Attached specifically for each Facility)

 

 

 

 

 

 

 

 

 

 

 

 

Last Revised:    February 15, 2006

 

 

 

 


 

INTENT OF POLICIES

 

The intent of these policies is to foster a mutually beneficial working relationship between the Town of Markham and the volunteer Satellite Recreation Centre Boards for the following facilities:

 

German Mills Community Centre

Cedar Grove Community Centre

Box Grove Community Centre

Victoria Square Community Centre

Heintzman House

Markham Train Station

 

The policies address various operational and maintenance functions affecting the facilities and endeavour to preserve the buildings for community use.  It is expected that the Boards will enter into a Memorandum of Acknowledgment with the Town by which they undertake to comply with these policies.  

 

 

 

 

 


 

SECTION I - COMMUNITY BOARD STATUS

 

1.0 Community Recreation Centres Act

 

Council of The Corporation of the Town of Markham (the “Town” or the “Town of Markham”) has established community recreation centres and appointed groups of local area volunteers as a “committee of management” for the purposes of the management and control of a community recreation centre facility owned by the Town.  Every committee of management consists of not fewer than three persons who are qualified to be elected as members of Town Council and contain at least one member of Town Council presently serving in office.  Where the committee of management is composed of five or more persons, at least two members shall be current members of Town Council.  For the purposes of these policies, a group of local volunteers that has been appointed by Town Council as a committee of management shall be referred to as a “Board”.

 

2.0 Rights and Responsibilities of Boards

 

The rights and responsibilities of Boards are governed by the Act under which the community recreation centres were established, the Memorandum of Acknowledgment with the Town and these policies.  Each Board shall ensure that the facility under their management and control is operated and maintained in a responsible manner and made available to all residents of the Town at a fair and reasonable rate as outlined in these policies.

 

3.0 Heritage Facilities

 

Facilities designated as “Heritage” facilities by the Town are to be maintained as such under the Town’s Heritage Planning guidelines.  Any repairs and/or replacements require the prior approval of the Town.  All inquiries concerning Heritage issues are to be forwarded to the Heritage Planning section of the Town of Markham.  Any alterations to a heritage facility may require a Heritage Building Permit.

 

4.0 Dissolving a Board - Facility Status

 

If a Board dissolves due to lack of members or for other reasons, the management of the facility under its management and control will revert to the Town of Markham.  The members of each Board are appointed by and serve at the pleasure of the Town of Markham’s Council. 

 

5.0 Standard Form Agreements

 

In carrying out their operations, the Boards shall utilize the standard forms as attached unless prior approval has been obtained from the Town.  These standard forms are Appendix A for Special Occasion Permit Holder Agreement and the specific Rental Contract/ Terms and Conditions for each Facility.

SECTION II - FACILITY RENTAL GUIDELINES

 

1.0 Board as Licensor

 

The Board shall be considered to be the Licensor for the facility under its management and control. 

 

1.1 Rental Groups as Licensee

 

Individuals or groups renting these facilities shall be considered to be the Licensee. 

 

2.0 Rates, Charges and Fees

 

The facilities that are operated by a Board can be used on a rental basis for a range of functions and activities.  Rental rates should be based on the availability of services at each site and then charged to an individual, group or association for the use of a designated area on a specified date and time.

 

2.1 Rental Rates

 

Rates shall be established that are comparable to the rates for similar facilities in York Region and surrounding areas and should be standardized where possible.  Given the variety of amenity levels for Town of Markham facilities, it is recognized that differences in rates will occur.

Annual rate information shall be compiled by the Town of Markham and distributed to the various Boards.  Depending on the type of function or use of an area, other charges and fees could apply to the rental of a facility and collected by the Boards.  Rental rates are recommended to be established by the respective Boards according to the following guidelines:

  • Rental rates should be the basic charge for use of a specified area.  The rate provides for use of the area, furniture such as tables and chairs, and the cleanup and general maintenance that is required.
  • Rental rates are to include all utilities except where significantly higher than normal utility charges may be incurred for requirements such as lighting for filming, etc.  These additional charges, if any, should be estimated and detailed on the rental agreement.
  • It is recommended that all charges for the use of a facility be collected by the Board prior to an event taking place.  Further, it is recommended a security deposit in an amount not less than twenty percent (20%) of the rental rate, be collected by the Boards and at the discretion of the Boards, to cover the potential cost of vandalism, damage, theft or similar problem as stipulated in the standard Rental Contract attached hereto. 

 

2.2.1. Insurance

All facility Licensees are required to have at least $2,000,000 of general liability insurance coverage for all participants involved and this coverage must name the Corporation of the Town of Markham as an additional insured. Licensees may also choose to purchase the same insurance coverage through the Facility User Group Insurance program. For events serving alcohol Licensees must have host liquor liability insurance as detailed in section 4.0 of the Town of Markham Alcohol Policy.

 

2.2.2. Extra Staffing

Additional charges should apply to rentals at facilities that are not staffed with full-time maintenance/supervision.  A recommended staffing fee of $15 per hour, plus GST should be charged at the time of booking and where possible at the discretion of the Board.

 

2.2.3. Provincial Sales Tax

The Provincial Sales Tax must be collected on all tangible materials sold at a facility.  This includes the sale of drinks, snacks, etc.  This tax must be collected by the vendor of the goods sold.  This requirement should appear, where necessary, on all contracts and invoices.  The Board and the Licensee should determine their respective obligations to collect and remit provincial sales tax to the Retail Sales Tax branch on any given sale.

 

2.2.4. Goods and Services Tax

The Goods and Services Tax applies to all aspects of rental charges and should be collected by all Boards and Licensees.

 

2.2.5. Pay Duty Police and/or Security Coverage

It is recommended that Licensees be required to provide pay duty police officers and/or security coverage at their own expense, should the details of the event dictate.  The Boards have the discretion to arrange this service and add the expense to the rental fee.

 

2.2.6. Set-up and Takedown Charges

Set up and take down of tables, chairs and other decorations should be the responsibility of the Licensee.  Should the Board be required to perform this task, an additional charge should be levied on the Licensee rental contract at the discretion of the Board.

 

2.2.7. Society of Composers, Authors and Music Publishers of Canada- SOCAN

SOCAN is empowered to grant a licence pursuant to the federal Copyright Act, where the performance and use of copyright music at functions such as dances, conventions, receptions and similar events, occurs.  For all occasions where copyright music will be played or performed, each Board must collect the appropriate fees from Licensees and forward them to SOCAN.  Under the SOCAN fee schedule tariff 21, certain facilities with a lower annual income may be able to apply for a one time annual fee.  Tariff 8, which stipulates a fee for each function playing music, applies to all other facilities where the annual income exceeds the limit established by SOCAN.

 

The Town of Markham has agreed to pay all SOCAN fees.

 

 

 

 

 

 

 

3.0 Rental Procedures and Functions

 

3.1 Rental Procedures

 

The rental procedures set out in these policies are a guideline for the Boards to follow in order to ensure accuracy and consistency of service to Licensees wishing to use Board-operated facilities.

 

3.1.2. Contracts

The standard Rental Contract/ Terms and Conditions as attached hereto outlines the required details, terms and conditions for each rental.  The rental information, to be inserted into the contract, should include licensee information; dates, times and areas of rental; rates, charges and fees; details about the nature of the function; bar service details and any other terms and conditions of the booking.  All information should be reviewed in detail with the Licensees to ensure that they are familiar with all of the terms and conditions governing the use of the facility.  The contract should be signed by the Licensee and by a Board member or authorized representative of the Board.  Each Board should develop and provide to Licensees a customer service checklist that will assist the Licensee in understanding and complying with all of the terms and conditions of its rental contract.

 

3.1.3. Payment

The rates, charges and fees involved in renting a facility can be paid for by cash or cheque.  In some facilities, credit card payments are also accepted.  A deposit of fifty percent (50%) of the basic room rental is recommended to confirm a function.  The balance of all charges should be due a minimum of fourteen (14) days in advance of the date of the rental.  This is at the discretion of the Board.  Failure to make this full and final payment within the time required should result in cancellation of the rental and at the discretion of the Board.  A charge, in the amount of $30, should be levied for all NSF cheques. 

 

3.1.4. Security Deposits

Security deposits are explained in detail on the standard Rental Contract/ Terms and Conditions.

 

3.1.5. Function Requirements

Under the terms of the rental contract, certain services could be provided by the Board and others should remain the responsibility of the Licensee.  The following is a general list of services.  Final determination of services provided is at the discretion of the Boards

 

            What is provided by the Board…

            Use of the designated space on a confirmed date and time

            Utilities and janitorial services. (Except Markham Train Station)

            Set-up and takedown of furniture and equipment (if requested by Licensee and agreed to by the Board)

 

           

 

What the Licensee must provide…

            Food and catering items

            Cutlery, dishes and tablecloths and glasses

            Sound and lighting equipment

            Coffee urns (available at some locations)

            DJ, music, bands, entertainment

            Ticket sellers

            Coat Check staff

            Decorations

            Ladders

            Extension Cords

Set-up and takedown of furniture and equipment (Unless included in rental contract for Board to perform)

           

            If there is alcohol, the Licensee must provide…

            Special Occasion Permit

            All liquor, beer and wine stock

            Smart Serve trained bartender(s)

            Liquor Insurance Policy

 

3.1.6. Decorations

Decorations should be the responsibility of the Licensee.  Licensees should take into consideration the time required for the decorating to be completed and later removed.  Licensees can decorate areas based on approval by the Board and must use only masking tape to secure decorations.  The Licensee must remove all decorations immediately after the function.  Decorations must not be in violation of any Fire Code Regulations.  In facilities where overhead ventilation and exhaust systems exist, helium balloons and suspended decorations are not permitted.  Extra charges should be levied if decorations are left and have to be removed by the Board or if improper fastening of decorations has resulted in damage to wall surfaces.

 

3.1.7. Teen Dances

Teen dances may be held in Town facilities but should be held with the sponsorship of a recognized, local service organization.  Boards have the discretion in assessing the supervision level required for these functions.  Teen birthday parties/dances require a minimum supervision ratio of 1:10 (parent to teen).

 

3.1.8. Screening Process

Boards should screen all rental requests to determine the nature of the proposed activity and if it is appropriate for the area and facility requested.  Should certain functions be designated unsuitable, the Board will reserve the right to refuse the booking.

 

3.1.9. Cancellations

The cancellation policy is explained in detail on the standard Rental Contract/ Terms and Conditions.

All payments by the Licensee shall be forfeited in the event of cancellation unless the area is re-leased a minimum of 30 days prior to the date of the function, in which case ninety (90%) percent of the rental charges will be refunded.  Any notice of cancellation should be in written form and submitted to the Board or it’s representative.  Each Board has the authority to alter this cancellation policy and reflect these alterations on their rental contract if, in their discretion, the situation warrants.

 

3.2 Rental Functions

 

A suggested list of functions that may be held in these facilities are covered in this section.

 

3.2.1. Approved Functions

It is at the discretion of each Board to determine the types of functions suitable for their respective facility

 

3.2.2. Prohibited Functions

The following types of functions have been prohibited from all Town facilities:

  1. Bachelor Parties (Parties for a Bride Groom involving alcohol and/or pornographic material)
  2. Stagettes (Parties for a Bride involving alcohol and/or pornographic material)

 

SECTION III - ALCOHOL POLICY

 

           The Town of Markham and the Boards are committed to providing a safe and enjoyable environment for the users of Town facilities by ensuring that Smart Serve trained bartenders/supervisors are used for all functions at which alcohol is served or available.  Each Board shall comply with, and ensure that all of its Licensees comply with, the Town’s Alcohol Policy.  A copy of that policy is attached hereto as Appendix D and forms part of these Satellite Recreation Centres policies.

 

          

SECTION IV - FACILITY MAINTENANCE POLICY

 

1.0 Intention of Maintenance Policy

 

The intent of this policy is to establish a positive building maintenance and replacement program satisfactory to the Town of Markham and each Board so that buildings are properly maintained so as to extend their useful lifespan and benefit the community. 

 

1.1. Licensee Facility Improvement Requests

 

Facility improvement or alteration requests, made by a Licensee to accommodate the Licensee’s function, are to be made to the Board involved and not the Town of Markham.  The request is to be evaluated by the Board and implemented only after consideration as to the impact on the facility and the community.  No requests are to be given approval if they would be detrimental to the facility or the local community.  The Board should consult with the Town if the Board has any concerns about the suitability of the request or if the request involves any type of permanent renovation to the facility.  The discretion to determine a final resolution rests with the Town of Markham.  The cost of carrying out approved requests, to accommodate the Licensee’s program, are to be charged to the Licensee over and above the rental fee for the facility.

 

2.0 Scope of Policy

 

The scope of this policy shall include a 15 year funding program for building maintenance and replacement, which shall include but not be limited to the following:

 

Mechanical Equipment

Dishwashers, refrigerators, sprinkler systems, pumps, motors, fans, water softeners, sump pumps.

 

Building Envelope

Exterior & interior painting, wall repairs, insulation, vapour barriers, doors, windows.

 

Roofing Systems

Shingles, cedar wood, metal attributes, chimneys, eavestroughing, downpipes, flashings.

 

Landscaping and Parking Lots

Flower beds, fencing, parking lots, curbing, grass cutting, sidewalks.

 

Foundations

Foundation wall repairs, waterproofing, sealing, parging, water drainage.

 

Heating and Air Conditioning

Furnaces, window air conditioners, central air conditioning, dehumidifiers, humidifiers, heat pumps, fans.

 

3.0 Board Responsibilities

 

3.1.      Each Board endeavours to provide funds for all day-to-day facility maintenance as outlined in Section 6.1, Operational Responsibilities, Board’s Responsibilities on page 9, unless prior legal arrangements have been made to the contrary between the Town and the Board(s).

 

4.0 Town’s Responsibilities

 

4.1.      The Town is responsible for all capital improvements and major maintenance of the facility and property, subject to the cost sharing provisions set out herein. 

 

4.2.      The Town will schedule a long-term capital improvement program for all major capital items and will review the program for each facility with the respective Boards on an annual basis. 

 

5.0 Capital Projects Cost Sharing

 

5.1   The Board agrees to rent the facility at a rate sufficient to sustain facilities maintenance requirements and to contribute to a reserve fund for cost sharing on capital repairs with the Town, where possible.  This cost sharing program will be negotiated on a project by project basis, between the Town and each Board.

 

5.2.      The Town and the Boards, where possible, will jointly undertake all major capital projects through a cost-sharing program negotiated with each facility.

 

5.3.      A review of the Capital budgeting process, as identified in section 4.2. above, will establish those projects being undertaken by the Boards and those by the Town of Markham.  All projects involving heritage aspects are to have Town approval from the Heritage Planning Department before proceeding. 

 

6.0 Operational Responsibilities

 

6.1 Boards’ Responsibilities

The following list is not all-inclusive and is intended to serve as a guideline of the operational functions that are the responsibility of the Board:

 

  • Electrical Maintenance - light bulbs, cracked lenses, ballasts, breakers, outlets, etc
  • Janitorial services - carpets, floors, windows, etc.
  • Plumbing Maintenance - plugged toilets, blocked drains, tap washers, etc.
  • Floor Maintenance - re-sanding, coating
  • Carpet Replacement
  • Sign maintenance
  • Lock repairs
  • Utility payments - hydro, water, gas, oil, etc.
  • Snow removal - front entrance areas and all fire exits
  • Interior painting
  • Exterior light bulb replacement
  • Maintenance and replacement of kitchen equipment
  • Maintenance and replacement of building furniture
  • Office Supplies
  • Cleaning Supplies
  • Staff Wages, if any
  • Minor repairs to facility (i.e. broken window glass)
  • Minor pest control – mice, ants, etc.

 

6.1.1. Facility Cleaning Services

The Town recommends that the Boards use the Standard Cleaning Agreement, Appendix “B”, attached hereto.  However, the methodology for cleaning these facilities is at the discretion of the Boards.

 

6.2 Town of Markham

The following list is not all-inclusive and is intended to serve as a guideline of the operational functions that are the responsibility of the Town.  Repairs or projects involving heritage facilities will be discussed with the respective Boards before work commences:

 

  • Replacement of heating/air conditioning equipment
  • Annual/monthly maintenance of heating and air conditioning equipment
  • Replacement of lighting fixtures (entire unit)
  • Major electrical systems and wiring repairs/ replacement
  • Repairs and replacement of windows and doors (entire units)
  • Repairs and replacement of roofing including chimneys
  • Repairs and replacement of sub-flooring
  • Floor covering replacement (Vinyl tile, ceramic, etc.) (Entire replacement, not minor repairs)
  • Wood floor replacement
  • Total replacement of plumbing fixtures
  • Exterior painting
  • Exterior replacement of building light fixtures
  • Structural repairs related to the foundation and the building
  • Water well replacement where applicable
  • Septic system repairs/ replacement where applicable
  • Property fencing replacement
  • Property landscaping and lawn maintenance
  • Water quality testing and filtration requirements, including water softener and treatment chemicals
  • Parking lot maintenance, repairs and replacement and line marking

 

7.0 Grounds Maintenance

 

Grounds maintenance includes the following tasks and is the responsibility of the Operations Department:

 

  • Grass Cutting
  • Flower bed maintenance including turning the beds in spring and general upkeep during the growing season.
  • Trimming and pruning of trees and shrubs as required.
  • Exterior grounds Capital improvements including fencing replacement, planting and removing trees and grading issues.
  • Snow plowing of main parking lots and driveways
  • Playground equipment maintenance and replacement where this equipment is located in a park.   However, if the playground is required as part of the Lessee’s programs (i.e. Licensed Daycare Facilities), the Board and/or Lessee is responsible for all maintenance and replacement of equipment and fencing required for licensing.

 

8.0 After Hours Contact

 

A representative of the Town’s Asset Management Department will be “on call” for issues of an emergency nature.  Calls after normal working hours should be directed to the Town of Markham “After Hours” line at 905-477-7000.  The Fire Department will re-direct such calls to Asset Management staff.

Normal hours contact should be directed to Asset Management at 905-477-7000.


APPENDIX A - SPECIAL OCCASION PERMIT HOLDER AGREEMENT

 

 

Name of Team/Group:        ________________________________________________

                                                                                (please print)

 

Name of Contact Person:   ________________________________________________

                                                                                (please print)

 

Facility and Date of Event: _______________________________________________                                                  

                                                                                (please print)

 

I hereby certify that:

 

1.             I am authorized to execute this agreement on behalf of the organization that holds the Special Occasion Permit.

 

2.             I have received and reviewed a copy of the Town of Markham Alcohol Policy, which is attached hereto and forms part of this Agreement.

 

3.             I have read the guidelines for Special Occasions Permit holders.

 

4.             I agree to adhere to the conditions of the Alcohol Policy and the Liquor Licence Act of Ontario.

 

5.             I understand that if an infraction of the Alcohol Policy occurs, the Town of Markham may warn or suspend my organization from using Town facilities in future.

 

6.             I understand I can be held liable for injuries and damage arising from failing to adhere to the Liquor Licence Act of Ontario or from otherwise failing to take action that will prevent foreseeable harm from occurring.

 

7.             I understand that the York Regional Police or an Alcohol and Gaming Commission Inspector can lay charges for infractions of the Liquor Licence Act of Ontario or other relevant legislation.

 

8.                    I agree to satisfy the liability insurance requirements set out in the Town’s Alcohol Policy.

 

9.                    The Licensee agrees to indemnify and hold harmless the Corporation of the Town of Markham from and against all claims and proceedings made or brought in respect of any loss, damages or injury arising from their performance and responsibilities under the contract. 

 

 

Signature:            ______________________________          Phone #:________________________

                                                Contact Person

 

OFFICE USE ONLY

 

Agreement Received By: _________________________________________

                                                                Signature of Board Representative

 

Date: ____________________

                Day/Month/Year

 

 

 

 

 

 

APPENDIX B – STANDARD CLEANING AGREEMENT

 

THIS AGREEMENT made this         day of                              , 200__.

 

BETWEEN:

 

THE __________ COMMUNITY CENTRE BOARD

                                                               

(hereinafter referred to as the “Board”)

 

- and -

 

_____________________________________

 

(hereinafter referred to as the “Contractor”)

 

                WHEREAS the Board is responsible for care, management and control of the ________ Community Recreation Centre (the “Community Centre”);

 

                AND WHEREAS the Board wishes to retain the Contractor to provide cleaning services in respect of the Community Centre;

 

                NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree and covenant as follows:

 

1.             The Contractor shall carry out all cleaning services in the Community Centre in order to ensure that it is maintained to a high standard of neatness and cleanliness at all times.  The nature and frequency of the Contractor’s specific cleaning functions shall include, without limitation, the basic cleaning requirements set out in Schedule “A” hereto, which is appended to this Agreement and forms part thereof. 

 

2.                             The Contractor shall ensure that the Community Centre is kept secured and that all exterior doors and windows are locked at the end of each cleaning shift.  The Contractor shall also ensure that all water faucets are closed and all lights are extinguished except for any night lights designated by the Board.

 

3.             The Board shall pay the Contractor on a monthly basis on the first day of each month for services performed in the immediately preceding month.  Payment for services rendered under this Agreement shall be payable at the rate of $________ per month.  If the Board requests the Contractor to perform additional work that the Board agrees is not included in the general cleaning duties set out in Schedule “A” hereto, the Board shall pay the contractor for such services at the rate of $_______ per hour upon the receipt of an appropriate invoice.

 

4.             All materials, equipment and supplies required for the purposes of cleaning shall be provided by the Contractor.

 

5.             This term of this Agreement shall commence on ___________, 200__ and shall expire on __________, 200__.  The Agreement may be renewed upon terms and conditions acceptable to both parties.

 

6.             Either party may terminate this Agreement upon the provision of sixty (60) days’ written notice to the other party.  Such written notice may be sent by regular mail or hand-delivered to the Board at _________________, Markham, Ontario _______; and to the Contractor at ________________, Markham, Ontario ______.  Such notice shall deemed to be received on the date of delivery if hand-delivered and three (3) business days after mailing if sent by regular mail.  The Board may terminate this Agreement without prior notice if the Contractor is unable to continue to perform the cleaning services due to illness or other reason or if the Board, acting reasonably, is dissatisfied with the quality or frequency of the services provided. 

7.             Wherever it is provided in Schedule “A” that cleaning functions shall be carried out as conditions dictate, the Contractor shall perform such services as often as they are required in order to maintain the Community Centre at a high level of neatness and cleanliness and the Board may in its sole discretion direct the Contractor to undertake additional or more frequent services in order to meet such a standard.  The services performed in order to maintain this standard or as a result of such a direction shall not constitute additional work for the purposes of this Agreement.

 

8.             The Contractor shall carry out the cleaning of the Community Centre in a careful and prudent manner, and shall indemnify and hold the Board, The Corporation of the Town of Markham (the “Town”) and their respective members, councillors, officers, employees and agents (collectively, the “Releasees”) harmless from any and all claims, demands, actions and proceedings that are in any way related to the Contractor’s cleaning services, including any costs, damages, expenses or other losses related thereto.  The Contractor hereby releases the Releasees from any and all liability for any loss or damage suffered by it or its employees during the provision of the services under this Agreement or its presence at the Community Centre unless such loss or damage is due to the gross negligence of the Releasees. 

 

9.             The Contractor acknowledges and agrees that, although the Town owns the Community Centre, nothing in this Agreement or the provision of services thereunder shall establish a contractual or other legal relationship between the Contractor and the Town.  Without limiting the generality of the foregoing, the Contractor is and shall remain an independent third party contractor and shall not be deemed to be an employee of the Board or the Town. 

 

10.           Liability
Contractors are required to obtain Commercial General Liability insurance for Bodily Injury and Property Damage arising from their performance and responsibilities under this Agreement for a limit of at least two million dollars ($2,000,000) for each occurrence and include The Corporation of the Town of Markham as an additional insured.  The policy or policies will not be altered, cancelled or allowed to expire without thirty (30) days' advance written notice to the Corporation of the Town of Markham.

 

11.        Indemnity

The Contractor agrees to indemnify and hold harmless the Corporation of the Town of Markham from and against all claims and proceedings made or brought in respect of any loss, damages or injury arising from their performance and responsibilities under this Agreement.

 

12.           This Agreement constitutes the entire Agreement between the parties and supersedes all proposals, oral or written, and all other communication between the parties, relating to the subject matter of this Agreement.  The Agreement may not be assigned by either party without the written consent of the other party.

 

IN WITNESS WHEREOF the parties have executed this Agreement.

 

                                                                                                THE ______________ COMMUNITY

                                                                                                CENTRE BOARD                                                                            

                                                                                               

                                                                                                                                                                                                            

                                                                                                Per:

                                                                                               

                                                                                                I have authority to bind the Board

 

                                                                                                [insert full corporate or personal name of

Contractor – need witness only if individual]

 

                                                                                                                                                                                                            

Witness                                                                                 Per:

                                                                                               

                                                                                                                                                                                                                                                Per:

 

                                                                                                I/We have authority to bind the Corporation


SCHEDULE “A” –BASIC CLEANING REQUIREMENTS

 

Entrance, Lobby, Corridors and Halls

 

(a)                 floors and steps shall be washed or damp mopped to remove stains, spills and traffic marks after each function and floors shall be waxed and buffed each month or more frequently as conditions dictate;

(b)                 mats and rugs of any description shall be removed and cleaned as conditions dictate;

(c)           entrance glass and woodwork shall be washed and spot cleaned as conditions dictate; and

(d)           ledges, shelves, windows and woodwork shall be washed and spot cleaned as conditions dictate.

 

Washrooms

 

(a)                 floors shall be washed or damp mopped after each function to remove stains, spills and traffic marks and shall be waxed and buffed each month or more frequently as conditions dictate;

(b)           ledges, shelves, windows and woodwork shall be washed and spot cleaned as conditions dictate;

(c)           toilets, urinals and any other porcelain surfaces shall be cleaned, sanitized and polished as conditions dictate;

(d)           sanitary dispensers, soap dispensers and hand towel and toilet paper dispensers shall be kept filled at all times;

(e)           vanity counters, bright metal, washroom fixtures and mirrors shall be cleaned and polished as conditions dictate;

(f)            deodorant blocks shall be provided where necessary; and

(g)           trash shall be removed and placed out for disposal on a weekly basis and new bags shall be installed in trash containers as required.

 

Kitchen

 

(a)           floors shall be washed, damp mopped, waxed, and buffed to remove stains, spills and traffic marks as conditions dictate;

(b)           ledges, shelves, windows and woodwork shall be washed and spot cleaned and sinks and fixtures polished as conditions dictate;

(c)           furniture shall be polished, dusted and spot cleaned as conditions dictate;

(d)           stove, including oven and burners, shall cleaned as conditions dictate; and

(e)           refrigerator  shall be cleaned and defrosted as conditions dictate.

 

Meeting Room used for Community Purposes

 

(a)                 shall be maintained in a condition ready for rental at all times; 

(b)           shall be damp mopped after all rentals; and

(c)           all signs, streamers, balloons and other function-related material shall be cleaned up and removed after each function is over.

 

Windows

 

The internal and external surfaces of windows not specifically provided for in the above provisions shall be cleaned twice annually. 

 

[The Board should carefully review schedule “A” to make sure that it sets out a standard of service that meets their needs and budget. The Board should amend schedule “A” of this “Standard Cleaning Agreement” to suit the cleaning requirements of their facility.   It should specify in this section if there are any other tasks that it considers to be part of the basic cleaning contract – anything not listed will generally be compensable on an hourly basis as additional work.]

 

[Please insert the date of the Agreement; the full name of the Contractor (pages 1 and 2); the monthly and

hourly cleaning rates; commencement and termination date; addresses for service of notice and

any additions and deletions to Schedule “A”.  Do not amend the body of the Agreement without consulting with the Town]


 

APPENDIX C- FACILITY CLASSIFICATIONS

 

1.0 Facility Classifications

           

Facility classifications form part of Appendix E – Town of Markham Alcohol Policy.

 

           For the purposes of this agreement and the preference of the Boards involved, the following facility classifications would apply,

          

           Box Grove Community Centre                                                   Class A

           Cedar Grove Community Centre                                                Class A

           German Mills Community Centre                                                Class C

           Heintzman House Community Centre                                          Class A

           Markham Train Station                                                               Class A

           Victoria Square Community Centre                                            Class A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX D – TOWN OF MARKHAM ALCOHOL POLICY

 

1.0 Purpose

 

           The Town of Markham and the Boards are committed to providing a safe and enjoyable environment for the users of Town facilities by ensuring all alcohol-related functions are carried out in an appropriate manner using Smart Serve trained bartenders/supervisors.

 

2.0 Policy Objectives

 

2.1. Reduce the risk of alcohol-related liability for the Town of Markham, the Leasee and the Boards.

 

2.2.  Provide appropriate procedures to ensure the proper supervision and operation of Special Occasion Permit events.

 

2.3. Inform individuals or groups operating a Special Occasion Permit in a municipal facility on the Town’s alcohol policy, Alcohol and Gaming Commission (A.G.C.O.) requirements and applicable legislation to ensure they are aware of their duties and responsibilities with respect to alcohol management.

 

3.0 Facility Classifications

 

            All Town of Markham operated facilities have been evaluated on their suitability for allowing Special Occasion Permit functions.  Each category has specific conditions that must be adhered to.  The categories are as follows:

 

            Category A -                Facilities deemed suitable based on their design as well as adequate amenities to satisfy local Fire and Public Health Department regulations.  All Category A facilities are eligible to sell alcohol under the authority of a Special Occasion Permit subject to the following conditions:

 

  1. Each Special Occasion Permit (S.O.P.) holder must execute the Board’s formal Rental Agreement Form (see Appendix C) as well as a S.O.P. Holder Agreement (see Appendix A).

 

  1. The permit holder must ensure that all people serving at the bar have received Smart Serve training and certification.  Proof of certification must be provided to the Board at least ten (10) days prior to the event.

 

  1. Authorized Town representatives have the right to enter any Special Occasions Permit event and take control of the event at any time.

 

  1. Only pictured drivers licences, Ontario Photo Cards, passports or military cards will be accepted for identification for the consumption of alcohol.

 

  1. Signs must be posted in each Community Centre facility indicating regulations governing behaviour of participants at Special Occasion Permit functions and the names and telephone numbers of appropriate authorities to call if problems arise.

 

   Category B - Facilities not regularly booked for alcohol-related functions but that can be made suitable.  All Category B facilities are eligible to sell alcohol under the authority of a Special Occasion Permit subject to the same conditions as Category A facilities and provided that any necessary modifications have been made to the Town’s satisfaction.  In addition, groups wishing to set up outdoor beverage areas in Category B facilities must obtain prior approval from the Town Clerk's Office.  Tents must receive prior approval from the Building Department and a building permit must be obtained.

 

   Category C - Unsuitable for Special Occasion Permits for various reasons.

                       

NOTE:  As of the date of these policies, all Community Recreation Centre Facilities are classified as Category A facilities with the exception of the German Mills Community Centre which is rated Category C.  Council approval is required to permanently or temporarily change a Facility's category listing.

 

4.0 Special Occasion Permit Holder Liability Insurance

 

It is mandatory that all Special Occasion Permit holders purchase liability insurance for the event (a minimum of $2,000,000).  The Corporation of the Town of Markham and the Board must be named as an additional insured under the insurance policy.  However, if a private Special Occasion Permit (SOP) holder can show proof that they have personal liability insurance that is applicable to the SOP event as part of their own homeowner’s or tenant’s insurance package the mandatory additional liability insurance may be waived.  If a sports group, social club or other non-profit organization can show proof that they have general liability insurance that is applicable to the SOP event, the mandatory additional liability insurance may be waived. 

The homeowner’s or tenant’s insurance package must include “full participants coverage”.

Liability Insurance  -  Licensees
All facility Licensees serving alcohol at their events must have at least $2,000,000 of Host Liquor Liability Insurance coverage for all participants involved and this coverage must also name The Corporation of the Town of
Markham and the Board as an additional insured.  Licensees may also choose to purchase the same insurance coverage through the Facility User Group Insurance Program.

 
The policy or policies will not be altered, cancelled or allowed to expire without thirty (30) days' advance written notice to The Corporation of the Town of
Markham.
Indemnity
The Licensee agrees to indemnify and hold harmless The Corporation of the Town of
Markham and the Board from and against all claims and proceedings made or brought in respect of any loss, damages or injury arising from the use of the rental facilities.

 

 

 

5.0 Staffing Requirements

 

When Special Occasion Permit functions are held in Town of Markham, Board-operated facilities, the following staffing criteria must be adhered to:

 

Categories A and B

 

Special Occasion Permit holder must ensure that alcohol is served only by individuals who possess a Server Intervention Program (S.I.P) or Smart Serve certificate.  Proof of certification is required.  The minimum ratio is one bartender per one hundred guests.

 

Category C

 

No Special Occasion Permits allowed.

 

6.0 Safe Transportation

 

The permit holder assumes full responsibility for promoting safe transportation home for all drinking participants.  The safe transportation program shall include:

 

a.  arranging a Designated Driver Program

b.  arranging for taxis or shuttle buses

c.  identifying the program on advertisements and invitations

d.  promoting RIDE awareness (with on-site signage)

e.  providing non-alcoholic drinks free of charge or at a low cost to all designated drivers

 

Safe transportation programs do not exempt the permit holder from abiding with all laws and regulations governing the sale and service of alcohol and prohibiting the service of alcohol to anyone to the point of intoxication or to an intoxicated person.

 

7.0 Guidelines for Special Occasion Permit Holders

 

None of the Town facilities are licensed by the Alcohol and Gaming Commission.  All functions at which alcohol is served or present must therefore be held under the authorization of a Special Occasion Permit.  This permit is to be obtained by and at the cost of the Licensee.

 

7.1  All Special Occasion Permit Holders must be given a copy of this Alcohol Policy with their contract

 

7.2  All Special Occasion Permit Holders will be required to sign a Special Occasions Permit Holder Agreement (Appendix A), acknowledging their understanding of an agreement to adhere to the established Guidelines For Special Occasion Permit Holders and this Alcohol Policy.

 

7.3  The contact person for a Special Occasion Permit and his or her group can be held liable for injuries and damages arising from failure to adhere to the Liquor Licence Act of Ontario and this alcohol policy.  These infractions include, without limitation, serving someone to intoxication, serving someone who is already intoxicated, serving minors, and failing to prevent impaired individuals from driving.  In order to reduce this risk of liability, the following guidelines must be adopted:

a.       The event sponsor must obtain a Special Occasion Permit from the Alcohol and Gaming Commission and must show proof of this to the Community Centre Board or representative prior to the event. It is suggested the sponsor should show proof at least ten (14) days prior to the event.

 

b.      For functions that are open to the public, the permit holder must provide at least two people 19 years of age or over to monitor the entrance.  It is strongly recommended that these people have Server Intervention Program or Smart Serve certificates.

 

c.       The only acceptable forms of identification will be an Ontario Photo card, a Driver's Licence with photo, a passport or a military card.

 

d.      The contact person for the permit holder shall be present at the event and responsible for making decisions regarding the operation of the event.  The permit holder and all event workers must refrain from consuming alcohol prior to and during the event.

 

e.       The permit holder is responsible for ensuring guests at the event are properly supervised and that no one consumes alcohol in an unauthorized location or to intoxication.

 

f.        The permit holder and Board facility staff must ensure that the physical setting is safe for both drinkers and non-drinkers.

 

g.       The permit holder must prevent patrons from engaging in activities that can harm them or others.

 

h.       The permit holder must supervise all exits and all bottles and cans must be retained within the bar area. 

 

i.         The Licensee must abide by the rules of the Town of Markham Alcohol Policy as enforced by the Town of Markham and/ or Community Centre Board representative. The Community Centre Board reserves the right to require the presence of police officers for the duration of the event, the cost of which will be borne by the sponsoring group or individual.

 

j.         All event workers must wear highly visible identification.

 

k.      In order to reduce the risk of intoxication and the rate of consumption, the permit holder should encourage patrons to consume food, low-alcohol beverages, and non-alcohol beverages. Food, low-alcohol and/or non-alcohol drinks must be available.

 

l.         If tickets are purchased for alcoholic drinks, the permit holder must refund money for unused tickets and ensure that attendees are aware of this policy.

 

m.     Where alcohol is being sold, discounts must not be offered for volume purchases and ticket sales must cease 1/2 hour prior to the bar closing time.

 

n.       All liquor brought into the facility must have the A.G.C.O. ( Alcohol and Gaming Commission of Ontario) stickers on them.

 

o.      All alcohol must be served only by individuals who possess valid Ontario-based Server Intervention or Smart Serve training certificates.  The permit holder shall provide the Board with a copy of the trained servers’ certificates prior to the event.  It is suggested this certificate should be provided at least 10 days in advance of the event.

 

p.      There will be no last call announced.