Leisure
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This is an agreement between
THE BOARD OF EDUCATION
(Hereinafter called the
"Board"),
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF
(Hereinafter called the "'Town"), OF THE SECOND PART
WHEREAS the intent of this Agreement is to make
possible a comprehensive programme of community recreation and education for leisure,
utilizing the school facilities administered by the Board and municipal recreation
facilities administered by the Town.
AND WHEREAS the interests and concerns of the
Town in the subject matter of this Agreement and, except where specifically and otherwise
provided, the duties and obligations hereunder of the Town will be carried out by the
Recreation Committee.
NOW THEREFORE THIS AGREEMENT WITNESSETH that the Board and the Town agree as follows:
A. POLICY
1. The Board shall make available to the Town without charge
the use of interior and exterior facilities of school premises, except those set out in
Schedule "A" of this Agreement provided such does not interfere with the proper
conduct of the Board's schools.
2. The Town shall make available to the Board without charge
the use of indoor and outdoor recreation facilities, except those set out in Schedule
"B" of his agreement provided such use does not interfere with the proper
conduct of the Town's functions.
3. This agreement shall be administered by a policy body to be
known as the Community Facilities' Administration Committee (hereinafter called the
C.F.A.C.) which shall include representation from the Board and the Town as hereinafter
set down.
4. The Board and the Town shall co-operate and consult with each
other in the design and use of present and future school and recreation buildings, playing
fields and parklands.
5. Independent groups may obtain the use of Board or Town
facilities, provided:-
(a) the programme of the group is
recreational or educational in nature;
(b) the group's base of operation is in
the community;
(c) the group's request for use of
facilities is endorsed by either the Board or the Town.
6. This Agreement shall continue in force until August 31, 1976,
and shall continue in force from year to year thereafter from the Ist day of September
each year, unless terminated by notice given in writing by either party to the other prior
to the 31st day of May in any year. At the end of each year an evaluation of the terms of
reference of this Agreement shall be made by the C.F.A.C. and shall be forwarded with
their observations to the Board and to the Town.
B. ADMINISTRATIVE AND POLICY GUIDELINES
7. The C.F.A.C. shall be composed as follows:
- 3 representatives of
the Board, at least one of which shall be an elected official;
- 3 representatives of
the Town, at least one of which shall be a member of Town Council;
- the function of the
C.F.A.C. shall be as follows:
(i) Administering the
terms of reference of the Agreement-
(ii) Reviewing and
approving new recreational and leisure programmes related to the use of facilities
proposed by the staffs of the Board and/or the Town.
(iii) Make recommendations
regarding co-operative planning of facilities;
(iv) Protection of the
interests of independent groups which use or wish to use facilities.
8. (a) Priority for use of school facilities shall generally be as
follows: -
1. Board
2. Community Councils
which use school facilities
3. Town
4. Independent groups
(b) Priority for use of municipal facilities shall
generally be as follows:
I. Town
2. Communinity
Associations affiliated with the Town
3. Board
4. Independent Groups
(c) Notwithstanding subsections (a) and (b) of this Clause 8, the board
and the Town hereby agree that both parties during each year of the term of this Agreement
will be able to use the other's facilities for at least as much time as had been used in
the year prior to the signing of this Agreement.
9. (a) The Board shall be responsible for interior and exterior
maintenance of school facilities which are used by the Town. Damage to facilities and
major equipment, over and above fair wear and tear, shall be the responsibility of the
user.
(b) The Town shall be responsible for interior and
exterior maintenance of municipal recreation facilities which are used by the Board.
Damage to facilities and major equipment, over and above fair wear and tear, shall be the
responsibility of the user.
10. Janitorial and maintenance services shall be the responsibility of the body having
jurisdiction over the facilities.
11. (a) Major apparatus, installations and equipment (with the
exception of pianos the use of which requires special permission) shall be included
with the facility when it is allocated, except in those cases where the body having
jurisdiction over the facility has special reasons or regulations restricting use.
As with facilities, instances of vandalism and damage beyond wear and tear shall be the
responsibility of the user.
(b) Minor equipment and supplies (easily
transportable) shall be provided by the user.
(c) The body having jurisdiction over the
facility shall make every effort to provide reasonable storaoe space for minor equipment
for the regularly scheduled users.
12. Public address systems and theatre lights shall be operated only by personnel provided
by the body having jurisdiction over the facility.
C. SUPERVISION
13. (a) All users shall provide a level of instruction and
supervision with respect to quantity and quality which is acceptable to the body having
jurisdiction over the facility.
(b)Supervisory staff must be first
in and last out of all activity areas.
(c) There shall be at least one
member of supervisory staff present during all activity in each activity area unless the
body having jurisdiction otherwise agrees. One person patrolling several parts of a
building is not acceptable.
(d) Supervision must ensure
compliance with the rules of the body having jurisdiction over the facility - for example
-
- no running in school halls, on pool deck, etc.
- suitable footwear (gymnasia, pools, etc.)
- no traffic in prohibited area (e.g. boiler rooms, etc.)
- no smoking in prohibited areas;
- no gambling or unauthorized promotions.
14. Special problems could arise because of exorbitant wear and tear on outdoor playing fields. Use of these facilities may be cancelled or suspended by the body having jurisdiction over the facility concerned when it appears that, due to excessive use or inclement weather. the facility may be damaged.
D. RESTRICTED PERIODS - USE OF FACILITIES
15. The body having jurisdiction over the facility shall have prior
claim on it for any necessary maintenance or major work.
E. RECIPROCAL SAVE HARMLESS CLAUSE
16. The Board and the Town, respectively, undertake and agree to
indemnify and save harmless the other of and from all claims, demands, actions, and costs
incidental thereto, that may be made or instituted by any person or persons with respect
to damages or injuries that may be sustained to persons and/or property arising out of the
use of any of the facilities by either of the said parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective
corporate seals by the hand of their respective officers duly authorized in that behalf.
THE BOARD OF EDUCATION
Per:
-------------------------------
Chairman of the Board
(Seal)
Per:
--------------------------------
Secretary
THE CORPORATION Of THE TOWN OF WALDEN
Per:
--------------------------------
Mayor
(Seal)
Per:
---------------------------------
Clerk
