HomeMy WebLinkAboutL 14/98118
�O � OF p�
� REPORT TO COUIVCIL
FROM: Penny Wyger DATF:: Pcbruary 10, 1998
Town Solicitor
RGPORTNUMBGR: 1, 14198
SUUJECT: Dcicgalion of euthoriry lo exccute cmploymcnt coNmcts
on bchalf of Ihe Corpuretian
- Filc: M2100
RECOMMENDATION:
That Council cnnct a by-Inw lo dclegutc thc aulhority to executc employmcnt conlmcts on bchulf of thc
Town to ihe Gcnerel Manager. Such cmployment conlrects lo bc prcparcJ substnnliully in accordnnce
wilh thc fortn of contrnct attachcd as a schcdulc to thc by-law. Gach controct to bc subject lo such tcrms
nnd cunditions as may bc ncgotinled by Ihc Gcncral Manngcr nnd Uic cmploycc on u cusc by cnsc basis.
ORIGIN: RcccN Town pmclicc of hiring new cmployccs pursuant lo wriucn cmploymcnt
conlracls.
AUTf10R17'Y: Municipal Act, R.S.O. 1990, c. MdS, seciion 102.1.
FINANCIAL IMPLICATIONS:
DACKGROUND:
NIL
Ovcr thc pnst few yenrs, ihe corporalion has chnnged dircction respecting its hiring practices. Whilc it
continucs to hirc individuuls, bolh on a partdimc and fuP•limc basis, thc 'fown has commcnceJ thc
pmctice of hiring new employccs on n contmct Gasis for fixcd tr.�s. CoNmcis of cmploymcnt pravidc
the corporation with grcnlcr ilcxibiliry lo mcct chnnging stn(fing necds in nn economical mnnncr.
In order to clarify thut the General Managa has thc aulhority to cxccutc soch coNracts on bchalf of the
Town, it is rccommendcd thnt council pnss a hy-lew nuthorizing Ihc Gcncral Mnnagcr to cxcculc such
employmcnt contracls on bchalf of Ihe Town. A slandnrd form of contracl is ultnched to thc dmfl by-law
for Council's considcration. Thc cantrnct sets out lhc tcrms and condilions which will bc includcd in
most employment contre:ts subject lo any amendments as mey be rcquired �s-hic6 will dcpcnd on thc
complexity af Ihe particulnr posilion end which will be subjcct to negotiations undeAnken with ench
applicablc cmployca
ATTACHMENT:
I. Dmfl Bylew.
2. Stnndnrd Fortn of Contmct.
PLW;Ic
Altachments
Copy: (3eneral Meneger
Town Clerk �
Director of Humen Resource�
��
Pcnny W
Ml:i��:.'�l: ��� 1._ �J.� 'I • �
BY-LAW N0. ���irN.,L�TO
Bcing a bydaw fo aufhortze Ihe General Manager lo
aecule 6mployment ConlraNs on behalf oj Ihe
Corporaflon oJlhe Town ojPlckering.
WHEREAS, the corporation is desirous af rewining services of cettain individuals on a contractual
basis;
AND WHEREAS, it is necessery to implement u standard fortn of coniract which will set out the terms
and conditions by which the Town would remin an individual employee;
NOW THEREFORE, the Council of Thc Corporation of the Town of Pickering I11iREBY ENACTS AS
FOLLOWS:
l. The Gcncral Mnnagcr is hcreby authoriud to exccute 8mployment Contract Agrcements on
behalf of the Corporntion of thc Town of Pickcring, in a form substnntially in accordancc w�th
lhe Schcdule attached hercto, which conlract form may rcquire amcndment from time to time
dcpcnding on the complexily of Ihe position bcing contmcicd und subject to the ncgoliations
undcrtaken by thc Gcncral Mnnuger on bchalf of thc Coqwration from timc ta timo.
DY-LAW rcad a first, second and Ihird timc and finally passcd this 6�h day of April, 1998.
�i�
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
0
120
THIS AGREEMENT made thia (DATE) ARACFM�lVTM,�.TO REppRTM�
BETWEEN:
THE GORPORATION OF THE TOWN OF PICKERING
herefnafter called the "Corporadon'
- and -
(NAME)
herefnafter called the'ConUactor
OF THE FIRST PART,
OF THE SECOND PART.
WHEREAS the Corporation is desirous o( retainfng the services of the Contractor in the capacity of
(POSITION) In the Cr,rporaUon's (DEPARTMEN'� on the terms and condilions hereinafter set out;
and
WHEREAS the Contractor has agreed to provide hls services as aforesaid;
NOW THEREFORE THIS AGREEMENT WITNESSETH that fn consideration of lhe mutual
covenants herein conlained the PaAfes hereto agree as follows;
1. (a) The Corporalfon agrees to engage the Contractor in lhe positiun oi (POSITION) in the
(DEPARTMEN"�. In such capacity, the Contractor will exerc(se, carry out and perform all of
the service requirements as may trom time ta tirne be requfred of himmer, including without
Iimitation lhose service requirements more pa�ticularly described in •Schedule "A" attached
hereto and forming part of lhis Agreement.
(b) The Contractor will be retained for a period af (�) years, comrnencing on (DATE) and
end(ng on (DATE) (hereinafter referred to as "the term of conlract"), The term of contract
may be oxlended by mulual agreemenl belween the Corporation r�nd the Contractor if such
mulual agreement is reduced to writing and signed by both Paries on or before (DATE).
(c) The Contraclor shall report directly to lhe posiqon of (POSITION) or designate.
(Position) Page 1 oj1 Conlrect for Servkes
� 121
Z, pudny the tertn of conUact, the Corporalion agreea to pey to the Contractor fn remuneration
for service� rendered by the ConUactor, lha annual aum of DOLLARS
(_� payebb in equal cansecutive Instailmenta on a bf-weekly basis in accordance wiUi
time aheeta eubmitted by the (POSITION).
3. The ConUactor ahall work a lhlrty-five (35) hour work week (Monday to Friday, 8:30 a.m. ta
4:30 p.m. with one (1) hour for lunch) over the term o( conUact and will devote thia entire
working Ume to the duties of (POSITION) and work exclusivety for the CoiporaUon, fa'�thfulty
and diligenUy fulfilling such duties at all times during the currency of ihis Agreement.
q, The Contractor shall be entitled to a vacation without loss of regular pay for a period oi ten
(10) working days in each year ot the term of contract. VacaUon shali be taken wilh the prior
approval o( lhe Co�poraUon at such times as will not interfere with lhe bus(ness operaUons of
the Co�poralion.
5. The ConUactor shall be entitled up to a maximum oi ten (10) paid working days in each year
oi lhe term of conlrad for absence due to itlness, provided lhat the Corporation may in its
discrelion require producUon by lhe Contractor oi wriflen medical evidence acceptabie to the
Corporation to justify the absence in the event oi a claim for pay for tims oH due to illness.
g, The ConUactor shall receive pay for "Paid Holidays' which occur with(n the term ot contract
provided that the Conlrector works the regularly scheduled working day immediately prior to
and immediately following the Paid Holiday, unless lhe absence is approved by the
. Corporation in writing prior to such Pafd Holiday, or unless lhe absence fs covered by a
' certificate irom a medicai practitioner.
7, For lhe purpose of paragraph 8 of this Agreement, Paid Holidays shall inciude New YeaPs
Day, Good Friday, Easter Monday, �ctoria Day, Canada Day, Civic Holiday, Labour Day,
Thanksgiving Day, Christmas Day, Boxfng Day and 1/2 day on each oi the akernoons of
Christmas Eve and New Years Eve.
8. In the event this contrad is lerminated Frior to (DATE), salary and vacation periods set torth
above shall be pro•rated and paid to lhe date of such termfnation.
9. All deduclfons required by law shall be made on the Contraclor's pay; safd deductions shall
include, but are nol limited to the provisions of the Federal Income Tax Act, Canada Pension
Plan and Unemployment Insurance Act.
10. The Corporation shall cover the Contraclor for Workers' Compensation and the Contractar
shall be included in lhe Corporation's liability insurance coverage (or the duration of lhe term
of this Agreement provided that the Contractar fulfills hismer dulfes as set out herein.
11. " The Corporallon shall not be responsible for lhe provision o( any other benefits.
(Posifbn)
Page 2 o%I Contracf lor Services
i :!
n�
.` Ths Corpont(on ehell reimburee the ConUaclor mileaye expenso at the wrtent Corporate
mibape rate (50.301 per kilometar) for buafnesa usepe of hiafier vehkle as auUiodzed by the
(POSITION).
13. Either Party mey tertninate lhis Agreement et any time dudng its term for any reason provided
lhat there ahall be ten (10) wo�Cinp deya prior nolice, in wriling, ol lhe intention to ferminate.
Altematively, the CorporaUon may waive noqce in whole or in part, and pay the ConUactor
compensation equal to ten (10) working daya oi pay as severance in lieu of notice and request
lhe CoMractor to cease services forlhwith. In that event, lhls conUad for service ahall be
wholly tertninated and at an end. Notwithstanding lhe foregoing, lhe ConVactor shall not be
enUUed to receive any further remuneraUon or payment at any kind after lhe date of
lertn(nation oi lhis agreement.
14. It is Porther agroed and understood lha; ii lhe Conlrador willfully misconducts himselpherselt or
(s disobedient or wilifully neglects hisAier duty, it being expressly understc�od and agreed lhat
lhe Corporation shall be lhe sole and absolute judge as to whether or not such misconduct,
disobedience or neglect o( duty has occurred, the Corporatian may forlhwiUi terminate tha
service of the ConUactor wilhout noUce or any payment in Ileu oi noUce. In any event, this
Agreemont shail be fuliy and completely terminated on (DATE).
15. During the tertn oi contract, the Contractor agrees to carry aut the dutfes oi the (POSITION) as
those duties are defined by lhe Corporatfon's various descriptions, policles and procedures, as
amended from t(me to time, and the Contractor agrees to comply with all working policies,
rules and procedures as put in piace by lhe Corporalion.
18. The dut(es, obligations, rights and privileges of the Contractor under lhis Agreement shall not
be ess(gned wilhout the written consent o( the Corporat(on.
17. The Contractor agrees not to divulge any in(ormatfon regardfng personal, financial or other
business aHairs of the Corparation which are confidential to lhe Corporation, Accordingly, lhe
Contractor agrees not to disclose such information lo any third pa�ty (or any reason
whalaoever, either during the term a( lhis contract except as may be necessary in the proper
discharge of h(smer duties, or after the term of this conlract, however lertn(nated, except with
lhe wrilten permission of the Corporatfon.
18, This Agreement Is binding upon the Parties herelo, and their respective trustees,
administrators or successors in law.
19. This Agreement constilutes the entire agreement between the Parties relating to the subject
matter hereof, and supersedes all prior and contemporaneous agreements, understandings,
warranties or representations, whether oral or in vrriting, except as specifically set forth herein.
(Posltfon) Pape J oJ� Conhacl for Servlces
.. .,1
' 123
IN WITNE�S 1NFIEREOF, the Parties hereto have each executed this Agreement lhia day
oi. ,18
TNE CORPORATION OF THE TOWN OF PICKERING CONTRACTOR
Thomas J. Qu(nn, Generel Manager (NAME)
Address:
Brw�e Taylor, Cletk
' Schedule A oullines the scope of specific services the Contractor (s eng�ged to porform.
" SubJect to negotiations.
(PositknJ Page 4 ojI Contracf fa Services
�.
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