Leisure Information Network

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:
APOLICY
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

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