Common use of Duties of Operator Clause in Contracts

Duties of Operator. 3.1 The Operator agrees to manage and operate the Fitness Centre in accordance with the Operating Plan and annual budget approved by the Council of the Municipality. 3.2 The Operator will prepare and submit to the Municipality, by October 15th of each year, a preliminary Operating Plan and Budget for the next calendar year. The Operator will prepare and submit to the Municipality, by November 30th of each year, a final Operating Plan and Budget for the next calendar year. The operator will implement said budget, once approved by the Municipality, using its best efforts to achieve the targets contained within. 3.3 The Operator will develop, implement, advertise, promote and operate all programming in the Fitness Centre that meet the shared mission and vision of the Operator and the Municipality. 3.4 The Operator will provide trained, qualified, and competent staff as determined by the standards deemed appropriate by the Operator; and will provide adequate administrative equipment and supplies to operate the Fitness Centre and programming. 3.5 The Operator will provide and supervise all Human Resource functions as they relate to the Fitness Centre. 3.6 The Operator will maintain all records pertaining to its operation of the Fitness Centre. The Municipality will have access to such records at all times. 3.7 The Operator will manage the revenues from the Fitness Centre, programming and related activities. 3.8 The Operator shall provide a monthly financial statement of operations to the Municipality concerning the operation of the Fitness Centre. 3.9 The Operator shall provide to the Municipality an annual audited statement for the YMCAs across Southwestern Ontario, including a schedule of revenue and expense for the operation of the Fitness Centre. 3.10 The Operator agrees that administration of the Municipality will, from time to time as the Municipality sees fit, have the opportunity to review the revenue and expenditure documents for the Fitness Centre. 3.11 The Operator will recommend capital equipment and improvement to the Municipality annually in conjunction with the Operating Plan and Budget. 3.12 The Operator shall at their expense, obtain and keep in force during the term of this License and any renewal thereof, Commercial General Liability Insurance satisfactory to the Municipality, be written by an insurer licensed to conduct business in the province of Ontario and include but not be limited to the following: i. A limit of liability not less than ten million dollars ($10,000,000.00) per occurrence; ii. The Municipality shall be named as the additional insured; iii. The policy shall contain a provision for cross liability and severability of interest clauses; iv. Non-owned automobile coverage with a limit of $5,000,000 including contractual non-owned coverage; v. Contractual liability – both oral and written; vi. Contingent Employer’s Liability, Employer’s Liability; vii. Hostile fire and pollution from hostile fire; viii. Broad Form Property Damage; ix. Property insurance for the Operator’s property stores at the Facilities;

Duties of Operator. 3.1 The Operator agrees to manage and operate the Fitness Centre in accordance with the Operating Plan and annual budget approved by the Council of the Municipality. 3.2 The Operator will prepare and submit to the Municipality, by October 15th of each year, a preliminary Operating Plan and Budget for the next calendar year. The Operator will prepare and submit to the Municipality, by November 30th of each year, a final Operating Plan and Budget for the next calendar year. The operator will implement said budget, once approved by the Municipality, using its best efforts to achieve the targets contained within. 3.3 The Operator will develop, implement, advertise, promote and operate all programming in the Fitness Centre that meet the shared mission and vision of the Operator and the Municipality. 3.4 The Operator will provide trained, qualified, and competent staff as determined by the standards deemed appropriate by the Operator; and will provide adequate administrative equipment and supplies to operate the Fitness Centre and programming. 3.5 The Operator will provide and supervise all Human Resource functions as they relate to the Fitness Centre. 3.6 The Operator will maintain all records pertaining to its operation of the Fitness Centre. The Municipality will have access to such records at all times. 3.7 The Operator will manage the revenues from the Fitness Centre, programming and related activities. 3.8 The Operator shall provide a monthly financial statement of operations to the Municipality concerning the operation of the Fitness Centre. 3.9 The Operator shall provide to the Municipality an annual audited statement for the YMCAs across YMCA of Southwestern Ontario, including a schedule of revenue and expense for the operation of the Fitness Centre. 3.10 The Operator agrees that administration of the Municipality will, from time to time as the Municipality sees fit, have the opportunity to review the revenue and expenditure documents for the Fitness Centre. 3.11 The Operator will recommend capital equipment and improvement to the Municipality annually in conjunction with the Operating Plan and Budget. 3.12 The Operator shall at their expense, obtain and keep in force during the term of this License and any renewal thereof, Commercial General Liability Insurance satisfactory to the Municipality, be written by an insurer licensed to conduct business in the province of Ontario and include but not be limited to the following: i. A limit of liability not less than ten million dollars ($10,000,000.00) per occurrence; ii. The Municipality shall be named as the additional insured; iii. The policy shall contain a provision for cross liability and severability of interest clauses; iv. Non-owned automobile coverage with a limit of $5,000,000 including contractual non-owned coverage; v. Contractual liability – both oral and written; vi. Contingent Employer’s Liability, Employer’s Liability; vii. Hostile fire and pollution from hostile fire; viii. Broad Form Property Damage; ix. Property insurance for the Operator’s property stores at the Facilities;