2012-169 Agreement between Oro-Medonte Minor Hockey Association for Concession BoothTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -169
A By -law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro - Medonte
and Oro - Medonte Minor Hockey Association
for the Operation of the Concession Booth at the Oro - Medonte Community Arena
and to Repeal By -law No. 2010 -129
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are in
place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it desirable to enter into an agreement, from September 15, 2012 to April 6,
2013, for the 2012 -2013 season, with Oro - Medonte Minor Hockey Association for the
operation of the concession booth at the Oro - Medonte Community Arena;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and forming part of this By -law.
2. That By -law No. 2010 -129 is hereby repealed in its entirety.
3. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26TH DAY
OF SEPTEMBER, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
, K.S.
ClerV. J. D►oudIgs Irwin
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THIS AGREEMENT made the Nay of
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
(hereinafter called the "Township ")
OF THE FIRST PART
-and-
Oro Minor Hockey Association-- -
(hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Township is the owner of the Oro - Medonte Community Arena, in the Township of Oro -
Medonte, in the County of Simcoe.
AND WHEREAS the parties hereto have agreed that the Licensee will operate the Concession Booth
(hereinafter called the "Concession') in the Oro - Medonte Community Arena.
NOW THEREFORE in consideration of the promise expressed herein, the parties hereto agree as
follows:
TERMS AND APPLICABLE LAWS
The Licensee shall operate the Concession from September 15, 2012 to April 6, 2013. The term of this
agreement maybe amended by the Director of Recreation and Community Services.
The Licensee shall comply with all applicable Federal, Provincial and Municipal laws and regulations in
the operation of the Concession.
PAYMENTS
1. 2012 -2013 Season
a) $500.00 on or before the 30 day of September, 2012
b) $500.00 on or before the 30 day of November, 2012
C) $500.00 on or before the 30 day of December, 2012
d) $500.00 on or before the 30 day of February, 2013
e) $500.00 on or before the 30 day of March, 2013
HOURS OF OPERATION
3. The Licensee shall keep the Concession Booth open for business for the periods set out
below or as amended and approved in writing by the Director of Recreation and
Community Services:
a)
During
the months of September to April inclusive, during this Agreement,
between
the following days and times:
DAY
I I FROM
TO
Saturday
6:00 am
!10:00 p m
Sunday
6:00 am
A 0:00 pm
Statutory Holiday
6:00 am
10 :00 pm
Tournament
Dates
6:00am
10:00 pm
Monday
4:00 pm
9:00' pm
e-% b�
Tuesday
4:00 pm
4:00
9:00 pm
9:00
�
P11"' [Lit
Wednesday
pm
pm
� Qe-
Thursday
4:00 pm
9:00 pm
��10:00
�
Friday
4:00 pm
pm
I
C.
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b) After a period of 30 days from the date the operation commences, if the above
times and dates in the opinion of the Licensee are not profitable, a request in
writing to the Director of Recreation and Community Services to delete certain
times, would be considered. A decision to delete or change times shall be at the
discretion of the Director of Recreation and Community Services.
c) The Township reserves the exclusive right to amend the hours of operation to
accommodate tournaments and special events.
OPERATION OF THE CONCESSION BOOTH
4. The Licensee agrees to operate the Concession Booth in accordance with the
following provisions;
a) to provide an adequate number of competent employees to prevent undue
delay in service to patrons;
b) to have employees wear suitable attire when on duty;
C) to maintain maximum standards of cleanliness and hygiene for the
premises and employees;
d) to comply with any directions of and to permit inspections by the Simcoe County
District Health Unit and any other Health regulatory agencies;
e) to provide courteous, honest and timely service to patrons of the Concession
Booth;
a) to provide goods and services of good quality and at fair market value;
g) to terminate the employment of any employee for good cause, always in
compliance with the Employment Standards Act and applicable laws, upon
written request by the Corporation of the Township of Oro - Medonte;
h) not to sell or allow the sale of any glass bottled refreshments;
i) not to sell or allow to the sale of any alcoholic beverages;
j) not to sell or allow the sale of popcorn;
k) not to sell any prohibited or restricted goods or any goods which would
reasonably constitute a danger or hazard to patrons of the Arena;
GENERAL COVENANTS OF THE LICENSEE
5. The Licensee, having inspected the Concession Booth and satisfied themselves
regarding any equipment located therein, agrees to;
a) use and maintain such equipment and fixtures in good condition at their own
expense including repairs where necessary, and upon the termination of this
Agreement, the Licensee shall deliver such equipment and fixtures to the
Township in good and substantial repair and condition, and shall replace in whole
or in part of them which has been lost, damaged or destroyed; or
b) to supply and maintain all necessary concession booth equipment
C) sufficiently repair and maintain the portion of building occupied under this
agreement, when, where and as often as needed (reasonable wear and tear and
damaged by fire, lightning or tempest only excepted);
d) surrender and yield up to the Township, the said Township Concession Booth
and equipment in good and substantial repair and condition, at the expiration or
upon earlier termination of this Agreement (reasonable wear and tear and
damage by fire, lightening or tempest only excepted).
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ALTERATIONS AND REPAIRS
6. The Licensee shall not make any alterations or repairs without written authorization of
the Township and without having obtained all proper building permits therefore.
DAMAGE DEPOSIT
7. The damage deposit of $500.00 shall remain with the Township for the duration of this
Agreement as the deposit for the Agreement and will be refunded upon termination of
the Agreement, subject to any deduction for repairs to the building or equipment
necessitated by the actions of operations of the Licensee.
GENERAL PROVISIONS
8. The Licensee acknowledges that this Agreement is for the right to operate a Concession
Booth and equipment only.
9. a) The Township may, in the case of damage by fire, lightening or tempest, which
makes repair of such damage within thirty (30) days impossible (substantial damage)
terminate this Agreement and the Township shall refund to the Licensee that portion of
the sum paid by the Licensee to the Township which would be attributable to that portion
of the year from the date of such termination and each party shall be released from
further obligation hereunder.
b) Notwithstanding paragraph 9, the Licensee shall be relieved from any obligations
pursuant to paragraph 1 and 2 of this Agreement in case of substantial damage.
10. The Township shall be under no liability whatsoever to any person, firm or Corporation
for any damages or injury, including death, to any person or persons caused by or
resulting from the operation of the Concession Booth by the Licensee, his servants or
agents, and Licensee shall, from time to time, and at all times hereafter, protect,
indemnify andlforever save and keep harmless the Township, and / or.its officers, agents
and servants, against any damage, penalty, fire claim, judgment, costs, expense or
charge suffered, imposed, assessed or incurred for any violation or breach of any law
occasioned by any act, neglect or omission of the Licensee or his servants or agents.
11. Prior to execution of this Agreement by the Township, the Licensee shall provide proof of
liability insurance covering personal liability and property damage in a minimum amount
of Five Million Dollars ($5,000,000.00). The said insurance must be with an insurer
satisfactory to the Township, and the policy shall show loss payable to the Corporation
of the Township of Oro - Medonte and Licensee jointly.
12. The Licensee ,agrees to obtain and pay for all necessary licenses and permits prior to
commencing the operation of the Concession Booth.
13. The Licensee shall agree to fulfill all of its obligations in compliance with the
Occupational Health and Safety Act, and further agrees to take responsibility for any
health and safety violation that may occur. Furthermore, if the Corporation (or any of its
agents, officers, directors, or employees) shall be made a party to any charge under the
Occupational Health and Safety Act in relation to any violation of the said Act arising out
of this agreement, the licensee shall indemnify and save harmless the Corporation from
any and all charges, fines, penalties, and costs that may be incurred or paid by the
Corporation.
14. The Agreement between the parties being a personal agreement, this Agreement shall
not be assigned or subcontracted. In the event of the death or bankruptcy of the
Licensee prior to the expiration of the term of this Agreement, this Agreement shall
become null and void and all lands and premises shall be delivered up to the Township
and any amount paid or payable by the Licensee shall be apportioned to the date of
death or bankruptcy.
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15. At all times, the employees of the licensee shall act in a civil, responsible, courteous and
generally productive manner. The licensee shall ensure that all employees strive for
excellence in Customer Service
M
16. Contracted Employees, third party employees, agents and others what provide customer
service on behalf of the Township of Oro - Medonte are legally responsible with the
provisions outlined in Ontario Regulation 429/07 with respect to training. The Contractor
shall ensure, that such training includes, without limitation, a review of the purposes of
the Act and 'requirements of the regulation, as well as instruction regarding all matters
set out in the regulation. By signing this agreement, the contractor has agreed to be in
full compliance with this regulation. Additionally the licensee will review and
acknowledge the Township Of Oro - Medonte policy for Accessible Customer Service.
17. The Township shall be responsible for all the cost of all utilities used in connection with
the operation of the Concession Booth.
18. The Director of Recreation and Community Services and any other authorized agent or
servant of the Township shall have the right at any reasonable time to enter and inspect
the lands and premises occupied under the Agreement.
19. The Licensee and its employees shall promptly delivery all articles found in the Oro -
Medonte Community Arena to the Director of Recreation and Community Services.
20. All notices and orders given to the Licensee may be served by mailing the same to the
Licensee at the address hereinafter set out, or by delivering a copy to the Licensee
personally or by leaving it at his place of business in the Oro - Medonte Community
Arena, or by posting the same in a conspicuous place upon the outside of the building
occupied by the Licensee under this Agreement. If such notice were served by mailing,
the service is deemed effective two (2) days following said mailing.
21. The township hereby undertakes and agrees not to grant any other organizations or
individual the right to operate a concession selling similar lines of goods excepting:
a) A function not related to "on ice" (arena floor) activities;
b) A function in any other part of the Oro - Medonte Community Arena, in conjunction
with an "on ice" activity will require the consent of the Licensee. Where consent
is not forthcoming, the Township reserves the right to a final decision in which the
Licensee and other parties involved will be duly notified;
C) Vending machines may be installed by the Township. Such costs / profits on the
machines will be assumed by the Township.
22. This Agreement shall terminate April 6 2013 unless amended by the Director of
Recreation and Community Services. The Licensee shall remove all goods and
equipment owned by them from the Concession Booth by the 15 day of April 2013, and
shall leave the said Booth in a condition as set out in this agreement. i It is understood
that if all such goods and equipment are not removed by such time, that the Licensee
shall pay a storage charge, determined by the Township, of the goods and equipment
not removed and shall be liable for all expenses incurred in the later removal of them.
23. If, at the absolute discretion of the Township, the Licensee is not operating the
Concession Booth in the best interests of the public or complying with the Laws,
Statutes, By -Laws, or Regulations applicable to them, or with the provisions of this
Agreement, the Township may terminate this Agreement without notice as outlined in the
terms of this Agreement and the remaining applicable provisions of this Agreement shall
apply.
24. The Licensee shall be responsible for the installation and removal of any phone services
required at the Licensee's expense.
i
25. Any breach or violation of the terms and conditions herein set forth by the Licensee shall
entitle theTownship to Terminate this Agreement forthwith without notice. Upon
termination of this Agreement, the Licensee shall remove from the Concession Booth all
of his supplies and equipment.
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WITNESS the Corporate Seal of the Corporation of the Township of Oro - Medonte duly attested
under the hands of the proper signing officers authorized in that behalf.
i
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
H.S ughes - Mayor
J. Do las
I ;Pn 6ft
THE ORO MINOR HOCKEY ASSOCIATION
Mike Coe - resident
Steve Posluns — Vice President
WITNESS the hand and seal of the Licensee of the Second Part.
SIGNED, SEALED AND DELIVERED, )
)
This `Xi day of l'Lq�' � 2012 )
In the presence of;
1, )
Witnes
I