FACILTY
OPERATING AGREEMENT
DATED 5TH
DAY OF MAY, 2005
(hereinafter the “Centre”)
- Between -
OLDER ADULTS IN ACTION
(hereinafter “OAIA”)
- And -
THE CORPORATION OF THE TOWN OF
MARKHAM
(hereinafter the “Town”)
Part 1: INTRODUCTION:
OAIA,
Cedarcrest Manor and the Town’s Recreation Services Department have entered
into a joint venture to provide recreation activities to meet the growing needs
of OAIA in Markham. The OAIA, in 1987 approached the Town seeking a permanent
place for the Club to meet.
The result was the Centre, which was officially
opened on September 21, 1991. The Town leased the Centre, attached to and owned
by Cedarcrest Manor, for 99 years and Older Adults in Action became the
principle user.
The Centre was designed primarily to service the
needs of older adults living in the Markham Village Area and to deliver
recreation services for all older adults living in the Town of Markham. The
intention of the Centre was to also provide space for residents in Markham to
participate in recreation programs and to provide a venue for community
rentals.
The OAIA was, and still is a dynamic group of older
adults who formed a community club and organize and participate in
self-directed activities.
For five years the OAIA used the Centre gratis.
However, over the five years the OAIA purchased equipment and contributed to
lobby and library renovations. In 1996 the OAIA donated $5,000 to the Town to
help offset the costs of the Centre’s operation. In 1997, the Recreation
Services Department developed a letter of understanding with the OAIA. The
agreement outlined a four-year arrangement to help offset operating costs of
the Centre. In the first two years, 1997 and 1998, OAIA contributed $5000 and
in 1999 OAIA contributed $18 per member up to a maximum of 750 members and in
2000 contributed $20 per member up to a maximum of 750 members. In 2000, a new
agreement was signed between OAIA and the Town which outlined that OAIA will
contribute to the Town $20 per member based on the previous year’s membership
for a minimum of 750 members.
The Town will provide staff to maintain and operate
the building and provide administrative support. The Town has carried all
operation costs. The OAIA, with permission from the Town, has added fixtures
and fittings to enhance the Centre in accordance with current building and
safety codes.
To date the hours of operation of the Centre have
been Monday to Friday 8:30 a.m. to 4:30 p.m. and Mondays, Tuesdays and
Wednesdays 7:00 p.m. - 10 :00 p.m. Thursday evenings have been set aside for
programs offered by Recreation Services and the weekends for community and
private rentals. The Centre has remained closed on statutory and civic
holidays. Requests from OAIA, for use for special events, outside the normal
operating hours have been allowed wherever possible and have only incurred
staff costs.
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, the Administrative Assistant 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.
·
OAIA 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 OAIA in the operation, programs and activities of the Centre. Staff
works with members of OAIA, 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 OAIA 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.
·
OAIA 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 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
·
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 OAIA 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. In addition, the Town shall
continue to manage the Provincial Elderly Persons’ Centres Act grants as part
of the Town’s funds.
Part 3: CENTRE
USE AND OPERATION AGREEMENT
Set out in this Part is the agreement between the
Town and OAIA respecting the use by OAIA of the Centre and the level of
services provided by the Town to the Centre in support of OAIA 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 the 1st day of January to and until 31st
day of December 2009. The agreement will
be reviewed at the end of this term. OAIA may not assign the rights granted
herein.
Section 2:
Payment
The OAIA 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 OAIA shall pay at the rate set out in Schedule
“A” for a minimum of 750 members.
#3.0 OAIA
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 OAIA shall be: Monday
to Friday 9:00 a.m. to 5:00 p.m. and Monday, Tuesday and Wednesday 6:00 p.m. -
10:00 p.m., Sunday 1:30 p.m. – 4:30 p.m. (referred to as “Regular Hours”).
#3.2 The
Town and the OAIA 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. - 10:00 p.m. Upon
determination of the summer hours, these shall form part of the regular hours
for that year.
#3.3 The
OAIA may request additional use of the Centre and the Town will endeavour to
accommodate such requests when the Centre is not booked for rentals. OAIA can
request access to rooms during rentals that are not being utilized by
the rental group and OAIA will share the common space, lobby and washrooms with
the rental groups. OAIA 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 OAIA
acknowledges that the Town will not operate the Centre on the OAIA’s behalf on
statutory and civic holidays and that the Centre will remain closed on such
days. OAIA 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 OAIA’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 OAIA is not entitled to use the Centre during periods other
than as described in this Agreement.
#3.6 During
periods ordinarily within the OAIA’s licensed use of the Centre, the Town may
request use of the Centre on behalf of other groups. The OAIA 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 OAIA’s
licensed use thereof and the activities of the OAIA 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 OAIA 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 OAIA’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 OAIA. 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 OAIA. 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 OAIA to use the Centre during Additional Hours without additional
staff in appropriate circumstances, provided an OAIA member acceptable to the
Town is in charge of opening and closing the Centre and all Town rental
policies are adhered to.
#4.6 OAIA
shall operate in a proper manner in accordance with OAIA constitution and
bylaws.
#4.7 OAIA
shall maintain the woodwork shop in a safe, clean manner.
#4.8 OAIA
shall repair and maintain its equipment and facilities owned by OAIA at the
Centre in a proper manner.
#5.0 OAIA acknowledges that the Seniors’ Co-ordinator may
consult with, but does not report to the OAIA 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 OAIA, 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 OAIA 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 OAIA on the date set out in Schedule A,
the “OAIA Assessment Date”. OAIA covenants that the Town shall be permitted
access to the books and records of OAIA for the purposes of verifying the
membership as of the OAIA 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 OAIA
does not account to the Town with respect to its activity fees, donations it
receives or other fund raising revenues and the Town is not required to receive
or bank any such funds on OAIA’s behalf.
#5.4 The
Town may offer programs to OAIA during the periods of exclusive use of the
Centre by OAIA members. In the event
that the Town requires a fee for such programs, this shall be communicated to
OAIA before OAIA 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 OAIA
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 OAIA 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 OAIA’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.
#6.0 OAIA
agrees that its membership shall be open to any Town resident and non-resident
in accordance with Town Recreation Services guidelines.
#6.1 OAIA
represents that it will operate itself in accordance with OAIA 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 OAIA at the Centre to
ensure Recreation Services policies and procedures are being followed.
Schedule “A”
- Rate Schedule
Schedule “B”
– Site Floor Plan
Schedule “C”
– OAIA Policies & Procedures
Section 7:
Insurance and Indemnity
#7.0 Older Adults in Action shall take out and maintain,
during the term of this agreement and at its own expense, a Commercial General
Liability Insurance policy in an amount of not less than $2,000,000 per
occurrence to protect against loss or damage resulting from bodily injury or
death and/or loss or damage to property arising in connection with the
functions, activities or operations of OAIA., its members, officers, employees
and volunteers. Such policy shall include the Corporation of the Town of
Markham as an additional insured and OAIA shall provide a certified copy of the
policy or a certificate of insurance to the Town as requested.
#7.1 Older Adults in Action hereby agrees to
indemnify and hold harmless the Corporation of the Town of Markham from any and
all claims, actions and proceedings, including any costs and expenses incurred
by the Town thereby, for loss, damage or injury, including death, to any person
or persons and to any property arising in connection with the functions,
activities or operations of OAIA, its members, officers, employees and
volunteers.
OF MARKHAM
____________________________
Mayor
___________________________
Town Clerk
OF THE TOWN OF MARKHAM
____________________________
President
Town of Markham 25/05/2005
Q:\Recreation\AGREE\AGR038\OAIAOperationAgreement
March 05.doc