2007-079 To Authorize the Execution of a Joint Use Agreement between The Simcoe County District School Board and The Township of Oro-MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007 -079
A By -law to Authorize the Execution of a Joint Use Agreement between
The Simcoe County District School Board and
The Township of Oro - Medonte
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to pass by -laws with respect to the culture, parks, recreation
and heritage;
AND WHEREAS Section 20 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that a municipality may enter into an agreement with one or more
municipalities or local bodies, to jointly provide, for their joint benefit, any matter which
all of them have :he power to provide within their own boundaries;
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that it is the role of Council to ensure that the administrative policies, practices
and procedures are in place to implement the decisions of Council;
AND WHEREAS Council of The Corporation of the Township of Oro - Medonte deems it
desirable to enter into a Joint Use Agreement with The Simcoe County District School
Board (SCDSB) to extend the educational and recreational use of existing facilities of
the Simcoe County District School Board and the Township of Oro - Medonte;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk be authorized to execute the Joint Use Agreement
attached hereto as Schedule "A" and forming part of this By -law.
That the Joint Use Agreement attached hereto as Schedule "A" and forming part
of this By -law shall expire on June 20, 2009, unless terminated earlier pursuant
to the provisions contained within.
3. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 18TH DAY OF JULY, 2007.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY,
2007.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
v
C rk, J. Dula Irwin
Schedule "A" to
By -Law No. 2007 -079
JOINT USEAGREENENT
SIMCOE COUNTY DISTRICT SCHOOL BOARD
(hereinafter the "SCDSB ")
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
(hereinafter the "Township ")
DATED THIS , - DAY OF — 2007
These guidelines have been established to extend the educational and recreational use
of existing facilities of the School Board and the Township of Oro - Medonte.
DEFINITIONS
In this Agreement, unless there is something in the context inconsistent therewith, the
following terms and expressions have the meaning hereinafter set forth:
"Policy' means SCDSB Policy 2340 Community Use of Facilities;
"Procedure" means SCDSB APM A1220 formerly known as APM 169; and
"Non-school hours" means the hours after 6 p.m. with respect to Elementary Schools, and
the hours after 7 p.m. with respect to Secondary Schools.
"Normal school hours" varies between the hours of 8 a.m. and 3:30 p.m.
"Non Prime Time" means the hours of 6:00 am -5:00 pm Monday- Friday excluding
Holidays and the March Break
"One Hour Ice Time Rental" is 50 minutes to allow time for maintenance of the ice
"Ice Season" Means the time ice is in at the arena. Generally Second Week in September
until the first week of April.
The SCDSB encourages community use of its facilities during non - school hours;
Section 183 of the Education Act provides that District School Boards may enter
into joint agreements with municipalities to provide for the maintenance and
operation of facilities for cultural, recreational, athletic, educational, administrative
and community purposes;
The Community Use of Schools Program (the "Program ") provides funding to
District School Boards with the objective of promoting greater and more
affordable access to school facilities for community not - for - profit groups,
including similar municipal programs and services provided by municipalities that
have a joint use agreement with the District School Board;
4. The SCDSB and the Township desire to co- operate and consult with each other
in the design and community use of present and future school buildings, leisure
centres, park lands and public open space in the Township, wherever
practicable; and
5. The SCDSB and the Township desire to consult and co- operate with each other,
where appropriate, in the planning, development and promotion of programs of
recreation and leisure education.
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration for the
mutual promises and obligations herein contained, and other good and valuable
consideration paid by each party to the other, the receipt and sufficiency of which is
hereby acknowledged, it is agreed between the SCDSB and the Township as follows:
6. The SCDSB shall from time to time during non - school hours make available to
the Township for use in connection with recreational programs of the Township
certain indoor and outdoor facilities of the SCDSB as set out in Schedule "A" of
this Agreement (`Board Facilities "), subject to execution of a rental contract by
and between the parties. Such use shall be made available in accordance with
the terms and conditions set out in the Policy and the Procedure, both of which
are hereby incorporated by reference, provided that such programming does not
interfere with regular scheduling or maintenance of the SCDSB.
7. The SCDSB shall consider requests of the Township for use of equipment
related to Board Facilities while such facilities are being used for programs of the
Township. Equipment usage is subject to final approval by the Permit Office of
the SCDSB.
The SCDSB will consider applications from the Township requesting access to
SCDSB facilities between the hours of 3:30 p.m. to 6:00 p.m. for after school
programming. Use will be subject to Principal approval and the standard priority
use schedule as set out in SCDSB Policy and Procedure.
9. The Township shall from time to time during normal school hours make available
for use to the SCDSB certain indoor and outdoor facilities of the Township, as set
out in Schedule "B" of this Agreement ( "Township Facilities ") subject to execution
of a rental contract by and between the parties, and provided that such
programming does not interfere with regular scheduling or maintenance of the
Township.
10. The Township will provide a total of 8 hours of non -prime ice time to each of the
schools listed in Schedule "A ", at no charge, to use for skating. The hours must
be available during normal school hours specific to the individual school sites.
The hours cannot be transferred between schools, and must be used within the
given ice season.
11. The Township shall consider requests of the SCDSB for use of equipment
related to Township Facilities while such facilities are being used for programs of
the SCDSB
12. Each party shall use the facilities of the other solely for the purpose of conducting
community use programs, including youth and adult recreational classes, or for
such other purpose as stipulated on the rental contract.
13. Each party shall, at its expense, and at all times strictly comply with all
requirements of all laws and regulations now or hereafter in force which pertain
to or affect the rented facilities of the other or such party's use of the rented
facilities or the conduct of any activities in the rented facilities, and shall ensure
the like compliance of all persons using such facilities for whom in law it is
responsible.
14. Each party also agrees to observe and comply with all policies, procedures, rules
and regulations that the other party has in effect from time to time respecting the
use or rental of facilities, equipment and related personnel services as set out in
Schedules "A" or "B" hereto, as the case may be, and to ensure the like
compliance of all persons using such facilities for whom in law it is responsible.
15. Notwithstanding the foregoing, it is further agreed that either party may in its sole
discretion amend its list of facilities as set out in Schedule "A" and Schedule "B"
respectively by written notice to the other specifying the effective date of such
amendment and the specifics of same by adding, replacing or removing any
facility(ies) from such list, provided that at least three months' prior notice of the
change is given to the other party. The amendment to Schedule "A" or Schedule
"B ", as the case may be, shall only be deemed to take effect on the last to occur
of the date specified in the "Notice' or immediately after the expiration of such
three month period.
0
RENTAL CHARGES FOR THE USE OF FACILITIES
16. The Township agrees to pay to the SCDSB rental charges for the use of Board
Facilities in accordance with the rates set out in Schedule "A" of the Policy that
apply to municipalities with a Joint Use Agreement, as the same may be
amended from time to time by the SCDSB. The SCDSB shall send notice to the
Township of any amendment to the Policy, or Schedule "A" thereof, as soon
thereafter as practical.
17. The SCDSB agrees to pay to the Township rental charges for the use of
Township Facilities in accordance with the rates set out in Schedule "C" as may
be amended from time to time by the Township. The Township shall send notice
to the SCDSB of any amendment to Schedule "C" as soon thereafter as practical.
18. If for any reason during the Term Program funding from the Ministry to the
SCDSB is discontinued, each party agrees to maintain (and waives its option to
further amend) its then in effect rental charges, as set out in Schedule "A" of
Board Policy 2340 or Schedule "C" of this agreement, as the case may be, for
the remainder of the Term.
SCHEDULING AND CANCELLATIONS
19. It is further agreed that matters relating to scheduling, payment terms, deposits,
insurance and cancellations of facilities will, in the case of SCDSB facilities be
governed by the Policy and the Procedure, as amended from time to time, and, in
the case of Township Facilities, will be governed by the Township's policies and
procedures in effect from time to time.
20. Scheduling of any SCDSB facility and the use of any school equipment will be
subject to final approval of the Permit Office, Facility Services Department.
21. Scheduling of any Township facility or use of any equipment under the control of
the Township will be subject to the final approval of the Township Parks and
Recreation Department.
MAINTENANCE - DAMAGE — EQUIPMENT
22. Notwithstanding any other terms or conditions in this Agreement, if the SCDSB
facility that is the subject of a rental contract between the parties hereto, or any
part thereof, or any equipment, machinery, systems, facilities or improvement
contained therein or made thereto, require repair, replacement or alteration or
become damaged or destroyed through the fault, default, negligence, misuse,
misconduct or omission of the Township, or persons using the SCDSB facility
with permission of the Township or in connection with a Township sponsored
program, or any other persons for whom the Township is responsible in law, the
cost of the resulting repairs, replacements or alterations shall be paid by the
Township to the SCDSB on demand.
23. Notwithstanding any other terms or conditions in this Agreement, if the Township
of Oro - Medonte facility that is the subject of a rental contract between the parties
hereto, or any part thereof, or any equipment, machinery, systems, facilities or
improvement contained therein or made thereto, require repair, replacement or
alteration or become damaged or destroyed through the fault, default,
negligence, misuse, misconduct or omission of the SCDSB, or persons using the
Township of Oro - Medonte facility with permission of the SCDSB or in connection
with a SCDSB sponsored program, or any other persons for whom the SCDSB is
responsible in law, the cost of the resulting repairs, replacements or alterations
shall be paid by the SCDSB to the Township of Oro - Medonte on demand.
INSURANCE
24. Each party shall, at all times throughout the Term, and its own expense, maintain
with insurers acceptable to the other party, Commercial General Liability
Insurance for third party bodily injury, personal injury and property damage, to an
inclusive limit of Two Million Dollars ($2,000,000) per occurrence with such policy
to provide for the other party as an additional insured and thirty (30) days written
notice of cancellation. Each party shall provide the other with a valid Certificate of
Insurance that references this Agreement and confirms the foregoing
requirements prior to the issuance of any rental contract to such party.
DEFAULT
25. If either party defaults in the payment of a rental charge, or any other cost or
expense properly payable by it under this Agreement, or defaults in the
performance of any other promise or condition hereof, the other party may give
such party a notice of such default, and if the first party does not cure any such
default within fourteen (14) days after the giving of such notice, then the other
party may terminate this Agreement or at the option of the other party cancel any
rental contract with respect to the facility in connection with which the default
occurred on not less than five (5) days' notice to the first party. On the date
specified in such notice the term of this Agreement or the said rental contract as
the case may be shall terminate, but the defaulting party shall remain liable as
herein provided. No failure to enforce any term shall be deemed a waiver by
either party.
• o.
26. Any notice which either party may give, or is required to give, shall be given by
mailing the same, postage prepaid, to the other party at its principal
administrative offices, or at such other places as may be designated by the
parties from time to time.
Ll
27. Despite anything contained in this Agreement, if either the SCDSB or the
Municipality is in good faith delayed or hindered in or prevented from the
performance of any term of this Agreement by reason of strikes, labour trouble,
inability to procure materials or services; power failure; governmental laws;
regulations or controls; riot; fire; destruction of one or more of its facilities; civil
commotion; insurrection; terrorism; invasion; war or warlike operation; act of God
or other reason which is not the fault of the party delayed in performing the work
or doing the acts required under the terms of this Agreement, then performance
of this obligation is excused for the period of the delay.
INDEMNIFICATION
28. It is further agreed by and between the parties that the SCDSB shall not be liable
for any damage or injury to the Township, or any other person, or to any
property, occurring on the School facilities or any part thereof, and the Township
agrees to hold the SCDSB harmless from any claim for damages, no matter how
caused.
29. It is further agreed by and between the parties that the Township shall not be
liable for any damage or injury to the SCDSB, or any other person, or to any
property, occurring on the Township facilities or any part thereof, and the SCDSB
agrees to hold the Township harmless from any claim for damages, no matter
how caused.
TERM AND TERMINATION
30. This Agreement shall commence on cvrir. and shall continue for a
period of two (2) years (the 'Term ") unless terminated earlier pursuant to the
provisions herein set out. This Agreement may be subject to amendment or
renewal upon such terms and conditions as may be mutually agreed in writing by
and between the SCDSB and the Township.
31. Notwithstanding that the Term of this Agreement is for a period of two (2) years,
the parties acknowledge and agree that on or before May 15 of each year of the
Term, or any renewal thereof, the parties shall participate in an annual review of
the terms of the Agreement and make such amendments hereto as are mutually
agreed to be appropriate.
SIGNED, SEALED AND DELIVERED
SIMCOE COUNTY DISTRICT SCHOOL
BOARD
Per:z
Debra Edwards
Chairperson
Per:' .� /1/ -
K. Gordon Campb0
Director of Education
We have the authority to bind the
Corporation
THE CORPORATION OF THE TOWNSHIP
Per s= f=
J. Doug] s I
Clerk j
We have the authority to bind the
Corporation
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SCHEDULE B
Municipal Indoor and Outdoor Facilities Available to the SCDSB
Oro - Medonte Community Arena
• Ice Surface (Second Week in September— First Week of April)
• Arena Floor
• Banquet Hall
Old Town Hall
Ian Beard Community Complex Room
Ball Diamonds
• Craighurst — no lights
• Hawkestone — no lights
• Lions 1 — lights
• Lions 2 — lights
• Shanty Bay — lights
• Vasey 1 — lights
• Vasey 2 — no lights
• Warminster — no lights
Soccer Pitches
• Warminster
Pavilions
Memorial Park —
Small
Large
Vasey Park
Community Halls
• Jarratt
• Edgar
• Eady
• Carley
• Warminster
• Hawkestone
• Craighurst
Halls have varied amenities
IN
SCFEDULE C
ICE TIME RENTAL RATES
Ice Rentals:
Available second week in September -First Week of April
Effective Date:
Prime Time
(5:00 pm to close and all day Saturday and Sunday)
Non -Prime Time
(6:00 am to 4.59pm Monday through Friday)
FREE SKATING
September, 2006
$117.92 + $7.08 GST
$69.81 + $4.19 GST
= $125.00 /hr
_$ 74.00 /hr
8 Hours of Non -Prime Ice Time to be used for skating per School in the Township of Oro -
Medonte.
Non -Ice Rentals (Arena Floor Space 1.000 people max)
Effective Date:
July, 2006
Regular Rate
SCDSB Rate
Adult
$46.23 + $2.77 GST
= $49.00 /hr
$29.00 /hr
Minor
$35.85 + $2.15 GST
= $38.00 /hr
$23.00 /hr
Floor (1,000 persons max)
$514.15 + $30.85 GST
= $545.00 /day
$327 /day
11
Banquet Hall (250 Persons max)
Effective Date: July, 2006
Regular Rate SCDSB Rate
Dance $273.59 + $16.41 GST = $290.00 /day N/A
Meetings $ 23.59 + $1.41 GST =$ 25.00 /hr $15.00 /hr
Tournaments $154.72 + $9.28 GST = $164.00 /day $98.00 /day
Old Town Hall accommodates 85 people
Effective Date: July, 2006
Regular Rate SCDSB Rate
$ 23.59 + $1.41 GST = $ 25.00 /hr $15.00 /hr
$100.94 + $6.06 GST = $107.00 /day $64.00 /day
Ian Beard Community Complex Room
Accommodates 50 people arranged theatre style seating and 40 people sitting at tables. Two
coffee makers available (65 cup and 12 cup) renter must supply own coffee, etc. Roll -down
screen available for presentations.
Regular Rate
$12 per hour
SCDSB Rate
$7.00 /hr
12
Ball Diamond Rentals
$10.00
$40/day
Effective Date:
July, 2006
Crai hurst
Regular Rate
SCDSB Rate
Adult with Lights
$24.30 + $1.70 GST
= $26.00 /hr
See Below*
Adult without lights
$12.15 + $ .85 GST
= $13.00 /hr
See Below*
Minor with Lights
$20.56 + $1.44 GST
= $22.00 /hr
See Below*
Minor without lights
$ 8.41 + $ .59 GST
=$ 9.00 /hr
See Below*
Parks and Pavilions
Jarratt
$21.40
Effective Date:
July, 2006
$25.00
50%
Regular Rate SCDSB Rate
Large Pavilion $48.60 + $3.40 GST = $52.00 /day See Below*
Hydro — accommodates up to 200 people
- includes basketball court on opposite side of road
Small Pavilion $36.45 + $2.55 GST = $39.00 /day See Below*
Hydro — accommodates up to 125 people
- includes basketball court on opposite side of road
Vasey Pavilion $46.73 + $3.27 GST = $50.00 /day See Below*
Includes use of ball diamond accommodates 120 people max
*Free Use of Outdoor Amenities i.e. Baseball Diamonds, Soccer Pitches, and Pavilions during
normal school hours
Community Hall Rental Rates
As at March 27, 2007
Cancellation fee
Mtg Rm I Event Rental Kitchen NSF Charges within is days
Carley
$10.00
$40/day
Crai hurst
Eady
$5.00+
GST
10 /hr +GST
$25.00 +GST
Ed ar
$35.00
60/day
I Hawkestone
$21.20
132.5/da
Jarratt
$21.40
187.25/da
$25.00
50%
Warminster
$25.00
60/day
Community Hall rates are set by C.ommumtty Hall boards