ALBERNI CLAYOQUOT REGIONAL DISTRICT
Manager / Security– Salmon Beach Service Area
BETWEEN: ALBERNI CLAYOQUOT REGIONAL DISTRICT
3008 5TH Ave
Port Alberni B.C. V9Y 3E2
(hereinafter referred to as the "Regional District")
AND: Barkley Sound Management (Kathleen Holland)
Box 122, Ucluelet, BC, V0R 3A0
Email: kathleen.holland@telus.blackberry.net (*Note - this email address has been changed to the owner contact address)
(hereinafter referred to as the "Manager / Security")
for the orderly managing duties of Salmon Beach.
DUTIES OF THE MANAGER / SECURITY:
1. The Manager / Security will perform servicing duties related to the Salmon Beach as described in Schedule “A”, Duties and Responsibilities (hereinafter referred to Duties and Responsibilities), which is an integral part of this Agreement.
2. The Manager / Security or her/his Alternate Security, will be available to perform the Duties and Responsibilities on a daily or scheduled basis.
3. The Manager / Security will deal with the public and the Regional District in a courteous and respectful manner and will ensure that its agents and employees deal with the public and the Regional District in a courteous and respectful manner.
GENERAL PROVISIONS
4. The Manager / Security will not assign this Agreement or any part thereof.
5. The Manager / Security is and will be an independent Contractor; and nothing contained herein will be construed to create a partnership, joint venture or agency, employer/employee relationship, and neither party hereto will be responsible for the debts or obligations of the other party.
6. This Agreement constitutes the entire Agreement between the parties hereto and no representations, warranties, understanding or agreements, oral or otherwise, exist between the parties hereto except as expressly set out in this Agreement.
7. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
8. Works not included in this Agreement for which compensation is requested, must have prior approval of the Regional District. Notwithstanding this provision, the Manager / Security is authorized by this Agreement to act in an emergency situation.
9. Notwithstanding the Manager / Security responsibilities, the Regional District maintains the overall authority for management and control of the Salmon Beach Service Area.
10. The Regional District assumes no responsibility for costs of the Manager / Security. The Manager / Security assumes responsibility for Canada Pension, Income Tax, Workers Compensation Benefits and any other applicable assessments or deductions levied by Federal, Provincial or Municipal Governments or any agency thereof.
INDEMNIFICATION
11. The Manager / Security shall indemnify and hold harmless the Regional District, its agents and employees from and against all claims, demands, suites or proceedings by third parties that arise out of, or are attributable to the performance of the Manager / Security.
INSURANCE
12. The Caretaker shall provide Commercial General Liability insurance with a minimum coverage of $5,000,000 including the Regional District as Additional Named Insured.
TERMINATION
This Agreement may be terminated by either party for reasonable cause upon giving ninety (90) days' notice of its intention to do so at any time during the period that this Agreement is in effect by providing written notice to the respective party at the address herein contained.
REMUNERATION
13. The Regional District agrees to pay the Manager / Security the monthly rate specified in Schedule “B” hereto for performing Duties and Responsibilities described in Schedule “A”.
14. Works performed beyond the scope of Duties and Responsibilities described in Schedule “A” that, except for emergency repairs, have been approved in advance by the Regional District will be paid at a the hourly rate specified in Schedule “B”. The Regional District will pay the Manager / Security reasonable costs for emergency repairs as determined and approved by the Salmon Beach Chair or designated Committee member.
15. The Manager / Security will complete monthly reporting and expense forms, provided by the Regional District. The Regional District may withhold payment if the Manager / Security does not complete the monthly reporting and expense forms to the Regional District’s satisfaction.
TERM
16. The Term of this Agreement will be from the date of signing in 2009 to and including the thirty first day of December31, 2010, with retroactive pay to January 01 2009.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto on this ________ day of ___________________, 2009
The Corporate Seal of the
ALBERNI CLAYOQUOT REGIONAL DISTRICT
was hereunto affixed in the presence of:
*Note - Signatures go here but have been removed for this public posting.
Schedule “A”
Management / Security Duties 2009
1. Treasurer
Maintain accounting duties as per ACRD format and requirements. Seek approval from committee members for invoices necessary. Manage all budget envelopes, monitor and calculate funds spent on a weekly basis. Prepare monthly financial and report to ACRD for budget consolidation, including cheques and paperwork related to pump and haul.
2. Secretarial
Attend all AGM meetings. Type all AGM meeting minutes and distribute approved minutes to Executive Members and all owners. Coordinate contractors, health authority and ACRD members that pertain to Salmon Beach business and projects. Update owner lists and distribute to committee members. Manage all information and updates for distribution to owners from the Chairperson.
Pickup Salmon Beach mail weekly and redirect as necessary.
3. Managerial
Salmon Beach will provide and pay for the Manager / Security a blackberry phone (250-726-5427) to facilitate the ability to send and receive emails and phone calls.
Oversee all sub-contractor work performed for Salmon Beach. Work with A.C.R.D. for necessary permits and planning of work to be performed (i.e. minimum of 2 quotes from contractors prior to job being performed). Gather information and proposal costs related to special projects outside the approved budget.
Manage budgets for the hiring of sub-contractors, grounds maintenance and pump truck operator. Order road grading for Salmon Beach Road on a scheduled basis and internal roads as needed, in accordance with and paid for by the Salmon Beach budget.
Make Pump & Haul schedule according to season and publish to all owners with signs at the admin building and Salmon Beach information web site. Take orders and cheques from owners. Schedule pump out of public toilets.
4. Emergency Care
Provide first aid on a volunteer basis to owners requiring medical assistance while at Salmon Beach. Call for emergency services for medical care or emergencies to Coast Guard as applicable. Provide care until help arrives. If necessary and if time is of the essence provide transport to hospital.
First Aid Room -- Assure proper quantities of first aid supplies and proper storage including assuring oxygen tanks are full.
5. Security
Daily rounds once per day. Open gate at 8:00 am and close at 9:00 pm during summer season - Easter to Thanksgiving. Open gate between 9:00 am to 5:00pm during winter season. Be available to owners during operational hours (8:00 am to 4:00 pm daily). After hours, Security will deal strictly with emergencies (owners to leave voice mail on Security Phone).
Storms-- walking rounds after storms; full cottage checks; watch for water flow problems and blockages; when time permits, check the Salmon Beach Road for fallen trees that will block traffic using this road. Inform Forestry personnel of any serious road condition problems including damage to bridges on this road.
Keep keys available for purchase for all owners. Get more keys cut when amount is lower than 10 ($5.00 per key to be forwarded to petty cash).
Test wells monthly as required and according to budget.
Boat and kayak safety is owner’s responsibility. Owners planning extended trips should inform Security so unnecessary calls are not made to Coast Guard Services.
Lock boat ramp Feb. 15 to April 15 each year. Place notice sign for closure. Post notices for fishermen from Department of Ocean and Fisheries.
Monitor placement of storage in compound area. Keep area locked. Keys are with Beach Manager.
6. Other duties as assigned.
Grounds Maintenance
All Grounds Maintenance personnel must be covered under WCB and work under the supervision of the Beach Manager / Security.
1. Mowing, weed whacking
Regularly mow and weed whack public areas, road edges, beach access areas and sani area. Clean around tree trunks for esthetic purposes.
Tennis court and basketball court -- sweep, remove and kill weeds, remove overgrown trees around fencing.
Play ground maintenance -- check for safety issues, rake gravel when needed, remove any garbage and wash areas of equipment when necessary.
Maintain flowers and shrubs throughout the Village.
All equipment required to complete grounds maintenance for mowing, weed whacking, small alder removal and broom removal must be provided by Grounds Maintenance Personnel.
2. Alder removal, Broom removal and Salmon Beach road maintenance
Cut brush and branches from S.B. internal roads, including road access to sani-field. Remove alder overgrowth in ditches. Cut trees that have over grown and need limbs trimmed and burned.
All equipment required to complete grounds maintenance for mowing, weed whacking, small alder removal and broom removal must be provided by Grounds Maintenance Personnel.
3. Boat Ramp Maintenance
Includes posts and tires removed twice per year and installed as season permits. Scrape walkway, kill algae on walkway and launch area. Remove debris.
The bridge on 4th Avenue needs to be scrapped, cleaned and swept on a regular basis (approximately 4 -5 times / year). Clean drain holes and ensure proper drainage.
4. Public toilets and garbage cans with recycle bins
Regularly clean and provide toilet paper, remove garbage. Organize pump outs according to schedule. Remove garbage and recyclable materials from bear proof bins as required and bring to appropriate locations.
Regularly check dumpster for level of garbage – push to centre when necessary and inform Management when it needs to be emptied.
Once per year, wash all signs. Install signs as per Manager’s request.
Litter control -- pick up all litter dropped by owners or blown by winds to all public areas of Salmon Beach as well as road side and ditch areas.
General Maintenance – painting of gate, Admin building, shelters, moving tables, beach boxes, etc. as required by Manager / Security.
5. Mowing sani-field
Hire Contractors to mow field in spring and fall each year.
6. Maintain new pump trailer equipment / dust control
Keep water containers full, maintain equipment as needed. Use salt water for dust control on all internal roads.
7. Other duties as assigned.
Pump and Haul Duties
It is the responsibility of the Beach Manager along with the Pump and Haul operator to establish a yearly schedule according to seasonal needs. This schedule needs to be published to all owners and posted at Salmon Beach and on the Salmon Beach Village Forum. Owners must respect the schedule. There will be an extra charge of $100 for owners who request an emergency pumping which is not scheduled (to be paid to operator from ACRD).
1. Pump Truck
Perform regular safety checks before and after pump and haul service performed. Conduct regular maintenance and arrange for maintenance according to manufacturer’s requirements. Including delivery of truck for repairs and semi annual inspections.
The SB Manager will provide receipts.
2. Monitor septic tank warning lights and alarms
After pumping of a holding tank has been performed, Pump and haul personnel will check the owners’ warning light switch to “ON” position. If alarm has had to be disconnected before pump out the operator will remove cover and reconnect battery system as needed.
3. Licensing
Maintain appropriate licensing requirements for ability to operate pump truck.
SCHEDULE `B’
REMUNERATION
Monthly Rate
$5,000 plus GST
This Contract will be reviewed annually in order to adjust the remuneration in accordance with the increased cost of living.
Allowances for vehicle fuel and expenses is set at a maximum of $500.00 per month for errands regarding Salmon Beach business. (ie. trips to Ucluelet, Tofino, Port Alberni etc)
Vacation:
The incumbent is entitled to four (4) weeks vacation plus statutory holidays, which time off will be agreed upon by the Salmon Beach Chairperson. Replacements will be the responsibility of the Security Management Contractor. Replacements will only be required to do light security duties.