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HomeMy WebLinkAboutBy-law 5239/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5 2 3 9/9 8 Being a by-law to authorize the General Manager to execute Employment Contracts on behalf of the Corporation of the Town of Pickering. WHEREAS, the corporation is desirous of retaining services of certain individuals on a contractual basis; AND WHEREAS, it is necessary to implement a standard form of contract which will set out the terms and conditions by which the Town would retain an individual employee; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The General Manager is hereby authorized to execute Employment Contract Agreements on behalf of the Corporation of the Town of Pickering, in a form substantially in accordance with the Schedule attached hereto, which contract form may require amendment from time to time depending on the complexity of the position being contracted and subject to the negotiations undertaken by the General Manager on behalf of the Corporation from time to time. BY-LAW read a first, second and third time and finally passed this 23rd day of March, 1998. Wayne Arthurs, Mayor Bruce Taylor, Clerk M2100 THIS AGREEMENT made this (DATE) ~TT~ #.a~,.~ TO REPORT #L~ BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Corporation" OF THE FIRST PART, - and - (NAME) hereinafter called the "Contractor" OF THE SECOND PART. WHEREAS the Corporation is desirous o.f retaining the services of the Contractor in the capacity of (POSITION) in the Corporation's (DEPARTMENT) on the terms and conditions hereinafter set out; and WHEREAS the Contractor has agreed to provide his services as aforesaid; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration covenants herein contained the Parties hereto agree as follows: of the mutUal 1. (a) (b) The Corporation agrees to engage the Contractor in the position of (POSITION) in the (DEPARTMENT). In such capacity, the Contractor will exercise, carry out and perform all of the service requirements as may from time to time be required of him/her, including without limitation those service requirements more particularly described in *Schedule "A" attached hereto and forming part of this Agreement. The Contractor will be retained for a period of (#) years, commencing on (DATE) and ending on (DATE) (hereinafter referred to as "the term of contract"). The term of contract may be extended by mutual agreement between the Corporation and the Contractor if such mutual agreement is reduced to writing and signed by both Parties on or before (DATE). (c) The Contractor shall report directly to the position of (POSITION) or designate. (Position) Page / oJ'4 Contract for Services o o o During the term of contract, the Corporation agrees to pay to the Contractor in remuneration for services rendered by the Contractor, the annual sum of DOLLARS ( ) payable in equal consecutive installments on a bi-weekly basis in accordance with time sheets submitted by the (POSITION). The Contractor shall work a thirty-five (35) hour work week (Monday to Fdday, 8:30 a.m. to 4:30 p.m. with one (1) hour for lunch) over the term of contract and will devote this entire working time to the duties of (POSITION) and work exclusively for the Coi'poration, faithfully and diligently fulfilling such duties at all times during the currency of this Agreement. The Contractor shall be entitled to a vacation without loss of regular pay for a period of ten (10) working days in each year of the term of contract. Vacation shall be taken with the prior approval of the Corporation at such times as will not interfere with the business operations of the Corporation. The Contractor shall be entitled up to a maximum of ten (10) paid working days in each year of the term of contract for absence due to illness, provided that the Corporation may in its discretion require production by the Contractor of written medical evidence acceptable to the Corporation to justify the absence in the event of a claim for pay for time off due to illness. The Contractor shall receive pay for "Paid Holidays" which occur within the term of contract provided that the Contractor works the regularly scheduled working day immediately prior to and immediately following the Paid Holiday, unless the absence is approved by the Corporation in writing prior to such paid Holiday, or unless the absence is covered by a certificate from a medical practitioner. For the purpose of paragraph 6 of this Agreement, Paid Holidays shall include New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and 1/2 day on each of the afternoons of Christmas Eve and New Year's Eve. o In the event this contract is terminated prior to (DATE), salary and vacation pedods set forth above shall be pro-rated and paid to the date of such termination. All deductions required by law shall be made on the Contractor's pay; said deductions shall include, but are not limited to the provisions of the Federal Income Tax Act, Canada Pension Plan and Unemployment Insurance Act. 10. The Corporation shall cover the Contractor for Workers' Compensation and the Contractor shall be included in the Corporation's liability insurance coverage for the duration of the term of this Agreement provided that the Contractor fulfills his/her duties as set out herein. 11. ** The Corporation shall not be responsible for the provision of any other benefits. (Position) Page Contract for Services 12. The Corporation shall reimburse the Contractor mileage expense at the current Corporate mileage rate ($0.301 per kilometer) for business usage of his/her vehicle as authorized by the (POSITION). 13. Either Party may terminate this Agreement at any time during its term for any reason provided that there shall be ten (10) working days prior notice, in writing, of the intention to terminate. Alternatively, the Corporation may waive notice in whole or in part, and pay the Contractor compensation equal to ten (10) working days of pay as severance in lieu of notice and request the Contractor to cease services forthwith. In that event, this contract for service shall be wholly terminated and at an end. Notwithstanding the foregoing, the Contractor shall not be entitled to receive any further remuneration or payment of any kind after the date of termination of this agreement. 14. It is further agreed and understood that if the Contractor willfully misconducts himself/herself or is disobedient or willfully neglects his/her duty, it being expressly understood and agreed that the Corporation shall be the sole and absolute judge as to whether or not such misconduct, disobedience or neglect of duty has occurred, the Corporation may forthwith terminate the service of the Contractor without notice or any payment in lieu of notice. In any event, this Agreement shall be fully and completely terminated on (DATE). 15. During the term of contract, the Contractor agrees to carry out the duties of the (POSITION) as those duties are defined by the Corporation's various descriptions, policies and procedures, as amended from time to time, and the Contractor agrees to comply with all working policies, rules and procedures as put in place by the Corporation. 16. The duties, obligations, rights and privileges of the Contractor under this Agreement shall not be assigned without the written consent of the Corporation. 17. The Contractor agrees not to divulge any information regarding personal, financial or other business affairs of the Corporation which are confidential to the Corporation. Accordingly, the Contractor agrees not to disclose such information to any third party for any reason whatsoever, either during the term of this contract except as may be necessary in the proper discharge of his/her duties, or after the term of this contract, however terminated, except with the written permission of the Corporation. 18. This Agreement is binding upon the Parties hereto, and their respective trustees, administrators or successors in law. 19. This Agreement constitutes 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 writing, except as specifically set forth herein. (Position) Page $ oj',l Contract for Services IN WITNESS WHEREOF, the Parties hereto have each executed this Agreement this of. ,19 day THE CORPORATION OF THE TOWN OF PICKERING CONTRACTOR Thomas J. Quinn, General Manager (NAME) Bruce Taylor, Clerk Address: * Schedule A outlines the scope of specific services the Contractor is engaged to perform. ** Subject to negotiations. (Position) Page 4 o.I',I Contract for Services