FACILTY
OPERATING AGREEMENT
DATED 5TH
DAY OF MAY 2005
(hereinafter the “Centre”)
- Between -
THORNHILL SENIORS CLUB
(hereinafter “TSC”)
- And -
THE CORPORATION OF THE TOWN OF
MARKHAM
(hereinafter the “Town”)
Part 1: INTRODUCTION:
The
Thornhill Seniors Club and the Town of Markham Recreation Services Department
entered into a joint venture to provide recreation activities to meet the
growing needs of seniors in the Thornhill Community of Markham. The Markham
Indoor Facilities Master Plan identified the need for services for seniors in
Thornhill including dedicated space within the Thornhill Community Centre.
The
result was the expansion of the Thornhill Community Centre to include
approximately 5000 square feet of dedicated space for seniors. The South Hall of the Thornhill Community
Centre will be made available for Club depending upon the facility use
schedule. The dates and operating hours
are detailed in the Facilities Section of this Agreement (Pages 4 and 5). The Centre, designed primarily to service the
needs of seniors living in the Thornhill and to deliver recreation services for
all seniors living in the Town of Markham.
The
Town has been providing staff to maintain and operate the building and provide
administrative support. The Town is responsible for all facility operating
costs. The Club, with permission from the Town, may choose to add fixtures and
fittings to enhance the building in accordance with current building and safety
codes.
Part 2: OPERATING PRINCIPLES:
·
Town Council is the governing body and decision-making board for all
municipally owned operations and has the final say in decisions respecting the
Centre. It also bears the responsibility and liability for problems that may
arise from the operations of the Seniors Centre
·
Town staff shall continue the overall management of the Centre. Such staff consists of the Seniors
Co-ordinator and such Centre staff as may be engaged by the Town to support the
activities scheduled for the Centre.
·
Staff working in relation to the Centre, are employees of the Town. The
Town sets wage levels and benefits and Town Human Resource policies apply to
these employees. Staff engaged at the
Centre report to the Seniors Co-ordinator.
·
TSC plays a role in decision-making respecting the Centre in
partnership with Recreation Services Staff.
·
Recreation Services Staff enable and facilitate the participation of
members of TSC in the operation, programs and activities of the Centre. Staff
works with members of TSC, assisting them to exercise autonomy and
independence, within Recreation Services policies, to exercise their unique
skills, talents and abilities and to continue to develop their potential as
experienced adults.
·
Recreation Services Staff assist TSC members and other users to assess,
create and maintain an environment that affirms the dignity and self-worth of
the older adult and enhances an atmosphere of wellness.
·
TSC plays an active role in the governance (decision-making), planning
and implementation of a total leisure program for the Centre in partnership
with Recreation Services.
·
The Town recognises and supports the critical role that volunteers play
in the efficient operation of the Centre in partnership with Centre staff.
Staff encourages and support the active participation of volunteers in Centre
operations.
·
The TSC acknowledges that the Town shall, in accordance with its
applicable policies and procedures, establish its annual budget for activities
conducted at the Centre and for programs offered to the community and shall
manage revenue from such activities and programs as part of the Town’s funds.
·
The Club President and Seniors Coordinator will communicate operational
issues, changes or concerns between the Club and the Recreation Services
Staff. Specific items may be designated
to other Club members or Town Staff upon mutual agreement of the Club President
and Seniors Coordinator
Part 3: CENTRE
USE AND OPERATION AGREEMENT
Set out in this Part is the agreement between the
Town and TSC respecting the use by TSC of the Centre and the level of services
provided by the Town to the Centre in support of TSC programs at the
Centre. This Agreement supersedes all
prior arrangements between these parties.
This agreement shall remain in force for the period
of five years from January 1, 2005 until the 31st of December,
2009. Both agreements will be reviewed
at the end of this term. TSC may not assign the rights granted herein.
Section 2:
Payment
The TSC shall pay to the Town, annually and prior to
April 30th in each year of the term, the amounts set out in Schedule
A hereto, provided that in no event shall any annual payment be less than the
rate set out in Schedule A multiplied by a factor of 750; the intent of this
clause being that the TSC shall pay at the rate set out in Schedule “A” for a
minimum of 750 members.
#3.0 TSC is
hereby licensed exclusive use of the Centre during the periods set out in this
Agreement. A site plan outlining the
floor plan of the Centre is attached as Schedule “B” to this Agreement.
#3.1 The regular hours of operation of the Centre licensed to the TSC shall be: Monday to Friday 9:00 a.m. to 5:00 p.m. and Wednesday 4:30 p.m. - 10:30 p.m. (referred to as “Regular Hours”).
#3.2 The Town and the TSC shall agree on reduced hours of operation for the months of July and August each year. In the event that agreement can not be reached prior to June 1 of each year, the reduced summer hours of operation shall be Monday to Friday 9:00 a.m. - 5:00 p.m. and Wednesday 6:00 p.m. - 10:30 p.m. Upon determination of the summer hours, these shall form part of the regular hours for that year.
#3.3 The TSC may request additional use of the Centre and the Town will endeavour to accommodate such requests when the Centre is not booked for rentals. TSC can request access to rooms during rentals that are not being utilized by the rental group and TSC will share the common space, lobby and washrooms with the rental groups. TSC will be responsible for the cost of maintenance staff during additional hours when they are the only user (referred to as “Additional Hours”).
#3.4 TSC
acknowledges that the Town will not operate the Centre on the TSC’s behalf on
statutory and civic holidays and that the Centre will remain closed on such
days. TSC has the option to request
the facility to be open on statutory holidays and will be charged the cost of
maintenance staff at time and half.
#3.5 During periods outside of the TSC’s licensed use of the Centre, the Town shall be entitled to make use of the Centre in accordance with its policies and procedures and the TSC is not entitled to use the Centre during periods other than as described in this Agreement.
#3.6 During
periods ordinarily within the TSC’s licensed use of the Centre, the Town may
request use of the Centre on behalf of other groups. The TSC will endeavour to accommodate such
requests.
#4.0 Except
as provided for in this agreement, the Town will maintain the Centre to its
reasonable standards at its own expense, including provision of adequate heat,
electricity, water and sewer, operational and capital maintenance and
maintenance of standard insurance coverage relating to the Centre.
#4.1 The Town shall be entitled to assign such staff as it considers appropriate to attend at the Centre during the TSC’s licensed use thereof and the activities of the TSC at the Centre shall at all times be co-ordinated in conjunction with the Town.
#4.2 The Town assigns primary responsibility for Centre activities to the Seniors Co-ordinator. The Seniors Co-ordinator or delegate is the contact person for the TSC in all matters relating to this Agreement.
#4.3 The Town will provide an Administrative Assistant, reporting to the Seniors Co-ordinator, to provide support to the Centre in relation to the TSC’s activities at the Centre to a maximum of 3 hours per week for 40 weeks of the year.
#4.4 During
the Regular Hours of the Centre, the Town will provide such additional staff,
reporting to the Seniors Co-ordinator or their delegate, as the Town considers
appropriate for the programs and activities offered by the TSC. The responsibilities of such persons shall
include cleaning the Centre and setting up the rooms
#4.5 During
the Additional Hours of the Centre, the Town will provide such additional
staff, reporting to the Seniors Co-ordinator or delegate, as the Town considers
appropriate for the programs and activities offered by the TSC. In the event that the Town determines such
additional staff is required, an additional fee may be charged by the Town as
described in this Agreement. The Town
may permit TSC to use the Centre during Additional Hours without additional
staff in appropriate circumstances, provided an TSC member acceptable to the
Town is in charge of opening and closing the Centre and all Town rental
policies are adhered to.
#4.6 TSC
shall operate in a proper manner in accordance with TSC constitution and
bylaws.
#4.7 TSC shall maintain the woodwork shop in a safe, clean manner.
#4.8 TSC shall repair and maintain its equipment and facilities owned by TSC at the Centre in a proper manner.
#5.0 TSC acknowledges that the Seniors’ Co-ordinator may
consult with, but does not report to the TSC with respect to the annual Town
budget for the Centre, the revenue
raised by the Town from its rental of the Centre during periods when the Centre
is not licensed to TSC, expenditures of a capital or operational nature made at
the Centre, its management of the Provincial Elderly Persons’ Centres Act grants
or such programs and activities as it may operate from the Centre.
#5.1 TSC
covenants and agrees that all required payments due under the terms of this
Agreement shall be made to the Town on or before April 30. Amounts due shall be
calculated based on the membership of TSC on the date set out in Schedule A,
the “TSC Assessment Date”. TSC covenants that the Town shall be permitted
access to the books and records of TSC for the purposes of verifying the
membership as of the TSC Assessment Date, forthwith upon request in writing
being made.
#5.2 When
the Town agrees to Additional Hours, the Town may charge an additional fee for
such Centre staff as it considers necessary.
In circumstances where minimal staff is required, the Town shall charge
a fee to recoup its clean-up costs in relation to the Additional Hours.
#5.3 TSC does not account to the Town with respect to its membership or activity fees, donations it receives or other fund raising revenues and the Town is not required to receive or bank any such funds on TSC’s behalf.
#5.4 The
Town may offer programs to TSC during the periods of exclusive use of the
Centre by TSC members. In the event that
the Town requires a fee for such programs, this shall be communicated to TSC
before TSC accepts such programs.
#5.5 The
Town shall be entitled to make such repairs and upgrades to the Centre and its
equipment at the Centre as it sees fit.
#5.6 TSC
may not alter or make improvements to the Centre without the advance written
permission of the Town. Alterations in
the nature of capital improvements remain the property of the Town. In the event that TSC wishes to install its
own equipment or facilities at the Centre, it shall obtain the advance written
permission of the Town, shall retain ownership of the equipment or facilities,
shall maintain and repair such equipment and facilities at TSC’s expense and
must remove or relocated such equipment and facilities, and restore the area to
its original condition, if and when required by, and to the satisfaction of the
Town.
#5.7 TSC will maintain insurance in relation to its property at the Centre and in relation to personal injury claims made against the TSC.
#6.0 TSC
agrees that its membership shall be open to any Town resident and non-resident
in accordance with Town Recreation Services guidelines.
#6.1 TSC represents that it will operate itself in accordance with TSC policies and procedures as amended from time to time, a copy of which is attached hereto as Schedule “C”.
#6.2 The Town retains the right to audit the operations of the TSC at the Centre to ensure Recreation Services policies and procedures are being followed.
Section 7: Insurance
#7.1
Commercial General Liability Insurance
in an amount of $2,000,000 per occurrence has been provided to the Thornhill
Seniors Club under the Corporation of the Town of Markham Affiliates Policy.
This insurance was arranged as per the directions of the Thornhill
Seniors Club and the Town does not assume any responsibility for its adequacy
or any other insurance exposures that the Club may have.
Schedule “A”
- Rates Schedule
Schedule “B”
– Site Floor Plan
Schedule “C”
– Policies and Procedures
OF MARKHAM
____________________________
Mayor
____________________________
Town Clerk
OF THE TOWN OF MARKHAM
____________________________
President
Town of Markham 25/05/2005
Q:\Recreation\AGREE\AGR038\TSCOperationAgreement March
05.doc