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HomeMy WebLinkAboutBy-law No. 2013-060 ia 41 tAkt\1- /3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM el 6/L o13 - O 3 BY-LAW NO. 2013-060 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND ERIE SHORES WIND FARM LIMITED PARTNERSHIP FOR THE OPERATION OF 530 51(61 BROWN ROAD (WIND INTERPRETIVE CENTRE) WHEREAS Erie Shores Wind Farm has provided a proposal to operate the Municipal facility known as the Wind Interpretive Centre located at 5361 Brown Road. AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to enter into such agreement. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Municipality of Bayham and Erie Shores Wind Farm Limited Partnership be and same is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation. READ A FIRST AND SECOND TIME this 20th day of June 2013. READ A THIRD TIME AND FINALLY PASSED this 20th day of June, 2013. J f MAY I R CLERK THIS AGREEMENT is made this day of , 2013 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter referred to as the "Municipality") OF THE FIRST PART - and- ERIE SHORES WIND FARM LIMITED PARTNERSHIP (Hereinafter referred to as the "Contractor") OF THE SECOND PART WHEREAS the Municipality owns and operates a Wind Interpretive Centre (the "Centre"), located at 5361 Brown Road, Bayham Ontario, which provides information concerning renewable energy to the public; AND WHEREAS the Municipality cannot, for fiscal reasons, staff the Centre in 2013; AND WHEREAS the Contractor wishes to provide assistance to the Municipality so that the Centre can continue to operate; NOW THEREFORE this Agreement witnesseth that in consideration of the sum of Five ($5.00) Dollars and other good and valuable consideration now paid by the Municipality to the Contractor, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Term 1. The term of this Agreement is for four(4) months, effective as of May 1, 2013. Contractor's Obligations 2. The obligation of the Contractor is to: a) make available to the Municipality one or, at the option of the Contractor, more suitably qualified person or persons(the "Staff'), employed by the Contractor,to attend at the Centre to perform the duties specified in section 3; and b) make such Staff reasonably available during weekends and holidays during the months of July and August, at the Centre. Duties 3. The Staff so engaged by the Contractor, shall perform the following duties: • Organize and co-ordinate materials and presentations for the Centre,as reasonably requested by the Municipality; • Update and maintain displays on walls and display boards inside the Centre • Check the paths and yard. Pick up trash and minor cleanup activities; • Ensure that the building is locked each night before leaving; • Greet and inform visitors about wind power, environmental issues and local tourist attractions; • Provide maps, info and materials concerning wind power and local attractions; 4 Track all visitors in guest book even if they fail to sign-in; -3- • Describe local points of interest, answer questions and supply information; • Become familiar and promote local business/attractions; • Obtain brochures and information on local points of interest; and • Display ads for special events in the area. Risk and Compensation 4. The placement of the person(s) so engaged shall be at all times at the risk and expense of the Contractor, and for greater certainty, the contractor shall make all payments required by law with respect to wages,insurance,benefits and taxes and other obligations to the person(s) so engaged. 5. The Staff so engaged shall not be deemed to be employees of the Municipality for any purpose. The Contractor shall be the employer and supervisor of such persons pursuant to the Occupational Health and Safety Act. Obligation of the Municipality 6. The obligation of the Municipality is to maintain the premises where the person(s) so engaged are assigned, in a condition that is fit for the purpose. 7. The Municipality shall bear expenses associated with the provision of the facility. Distribution of Material 8. The person(s) so engaged shall distribute such literature as the municipality or the contractor may provide,however,no material which has not been approved by the Municipality shall be distributed from municipal premises. Termination 9. Termination of the agreement by the Municipality may occur at any time with a minimum of two (2)weeks' written notice and may occur without notice in the event of a material breach of this Agreement. This Agreement may be terminated by the Contractor at its sole discretion at any time. IN WITNESS WHEREOF the parties hereto have hereunto caused to be affixed their respective seals, attested by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALIT F BAYHAM Per: Ma or Per: Clerk ERIE SHORES WIND FARM LIMITED PARTNERSHIP,by its general partner ERIE SHORES WIND FARM GP INC, Per: Name: Position: I have authority to bind the corporation.