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HomeMy WebLinkAbout2006-019 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2006-019 Being a by-law to authorize an agreement between The Regional Municipality of Durham and The Corporation of the Municipality of Clarington WHEREAS at their meeting held on September 26, 2005, the Council of the Municipality of Clarington passed Resolution #C-019-05 consenting to the passing of Regional Municipality of Durham By-law 85-2004 regarding the transfer of public transportation systems, other than highways, to the Region from all of its lower tier municipalities; AND WHEREAS The Regional Municipality of Durham wishes to enter into an agreement with a third party to license locations for bus shelters and benches to provide seating space and advertising at certain bus stops in the Municipality of Clarington: NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement between The Regional Municipality of Durham and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this 30th day of January 2006. By-law read a third time and finally passed this 30th day of January 2006. ;..\ /[t, t(Lv1ti~ utton, Mayor This Agreement is made in duplicate as of this 30th day of January 2006. BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") and THE MUNICIPALITY OF CLARINGTON ("Clarington") WHEREAS the Council of The Regional Municipality of Durham has enacted By-Law Number 85-2004 being a by-law to transfer all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower- tier municipalities; AND WHEREAS the Region wishes to enter into an agreement with a third party to license locations for bus shelters and benches to provide seating space and advertising at certain bus stops in the Municipality of Clarington including locations on a highway under the jurisdiction of the Municipality of Clarington pursuant to its authority related to public transportation systems; AND WHEREAS the Municipality of Clarington is no longer entering into agreements with third parties to license the installation of bus shelters and benches to provide shelter, seating space and advertising on highways under the jurisdiction of the Municipality of Clarington; AND WHEREAS the Municipality of Clarington wishes to ensure that appropriate standards are met and maintained with respect to the location, condition and content of said licensed locations of bus shelters and benches and any advertising located thereon; AND WHEREAS the parties hereto wish to enter into this Agreement to provide for the terms and conditions to govern how the Region shall approve bus shelter and bench licenses for locations on highways over which the Municipality of Clarington has jurisdiction; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Region and the Municipality of Clarington mutually covenant and agree as follows: 1. The term of this agreement (the "Term") shall begin on January 1, 2006 and end on December 31,2006. This Agreement shall automatically renew for successive one- year terms ('Renewal terms') upon the same terms and conditions as set out herein, except as otherwise specifically varied by each party's written consent. 2 2. The Region may enter into agreements with third parties (the "Licensees") to install and maintain bus shelters and benches at locations in the Municipality of Clarington on highways over which the Municipality of Clarington has jurisdiction (hereafter "Local Roads") and to collect revenues from the same on the following terms and conditions: (a) The Region shall require as a condition of its contract with the Licensees that the Municipality of Clarington is named as a co-insured on the Licensees public liability insurance policy with a minimum coverage of $2,000,000.00 per occurrence. Proof of said coverage shall be provided to the Municipality of Clarington annually. The Region shall ensure that its contract with the Licensees stipulates that the maintenance of such a policy of public liability insurance naming the Municipality of Clarington as co-insured shall not be construed as relieving the Licensee from liability or responsibility for other or larger claims, if any, for which the Licensee may be held liable or responsible. (b) The Region shall require as a condition of its contract with the Licensees that the Licensee shall indemnify and save harmless the Municipality of Clarington from any and all costs, claims, demands, suits, actions and judgments made, brought or recovered against the Municipality of Clarington resulting from any negligent act or omission by the Licensee in connection with the services rendered pursuant to that agreement. Furthermore, the Region shall require that the licensee indemnify and save harmless the Municipality of Clarington from any and all claims and damages due to or arising from any accident or injury which may be sustained by any person in connection with the provision of services pursuant to that agreement. (c) The Region shall ensure that all proposed bus shelter and bench locations located on Local Roads in the Municipality of Clarington shall be submitted to the Engineering Services Department of the Municipality of Clarington for approval prior to installation; (d) The Region shall ensure that the Licensees for any bus shelter or bench on Local Roads obtain a road occupancy permit from the Municipality of Clarington prior to constructing on said site; (e) The Municipality of Clarington retains the right to limit or restrict the installation of any bus shelter or bench on any Local Road. The specific locations of each bus shelter and bench, or the continuance of any such location, may be approved or denied as the Municipality of Clarington, in its sole and absolute discretion deems advisable. More specifically, and without limiting the generality of the foregoing, the Municipality of Clarington may take into consideration such factors as public safety, traffic patterns, utility locations, pedestrian convenience and visibility and effect of advertising messages; 3 (f) The Municipality of Clarington is entitled to restrict and reject any type of advertising and any advertisements which it deems inappropriate, as determined by the Municipality of Clarington in its sole and absolute discretion. The Region shall ensure that all advertisements on or in bus shelters and benches on Local Roads in the Municipality of Clarington comply with the written regulations and standards set out by the Canadian Advertising Council and shall be of a moral and reputable standard. If the Municipality of Clarington objects to any advertising, whether or not the advertising complies with those standards and is of a moral and reputable standard, the Region shall have it removed within 48 hours of receipt of notice from the Municipality of Clarington; (g) The Region shall keep an inventory listing of all bus shelters and bench locations on Local Roads and shall forward a copy of the same to the Municipality of Clarington whenever a change to said list is made; (h) At the termination of this agreement, if it is not renewed, the Region shall ensure that all bus shelters and benches located on Local Roads are removed at no expense to the Municipality of Clarington; (i) Whenever a bus shelter or bench is removed from a location on a Local Road, the Region shall restore, at its own expense and to the standards and satisfaction of the Municipality of Clarington, the portion of the boulevard adjacent to the site of the bus shelter or bench. If the Region fails to complete such removal and restoration work in whole or in part, the Municipality of Clarington may, without notice to the Region, remove and remaining benches and effect any restoration, and the Municipality of Clarington cost thereof shall be paid by the Region forthwith upon demand. U) The Region shall ensure that the bus shelters and benches are maintained in good condition and shall remove any defective or damaged shelters or benches forthwith upon the request of the Municipality of Clarington; (k) The Municipality of Clarington retains the right to review and comment on the size, shape, structure or any other physical attribute of the bus shelter or bench and to require changes to the same as are deemed necessary in the sole and absolute discretion of the Municipality of Clarington. 3. In the event of any damage being caused to the property of the Municipality of Clarington or of a third party at the time of installation, placement, maintenance or removal of any bench, the Region shall repair such damage forthwith at its sole expense. 4 4. The Region shall indemnify and save harmless the Municipality of Clarington against, (a) any and all claims for damages and from all liability, loss and expenses arising from or caused by any alleged defamatory advertising or any alleged copyright matter in any advertising; and (b) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the granting to the Region of the rights herein contained, and resulting from the placement of any bus shelter and or bench on a highway over which the Municipality of Clarington has jurisdiction. 5. Either party may terminate this agreement at any time upon 90 days written notice to that effect being given to the other party. 6. Any notice required or permitted to be given hereunder shall be in writing and shall be given by personal delivery or by prepaid registered mail (which shall be deemed to have been received on the fourth day after mail) addressed as follows: (a) in the case of the Municipality of Clarington, to The Municipality of Clarington, 40 Temperance Street, Bowmanville, ON, L 1 C 3A6 Attention: Municipal Clerk (b) in the case of the Region, to The Regional Municipality of Durham, 605 Rossland Rd. E., P.O. Box 623, Whitby, ON, L 1 N 6A3 Attention: Regional Clerk 7. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 8. This agreement shall enure to the benefit of and be binding upon the parties hereto, and their successors and assigns. 5 IN WITNESS WHEREOF the parties have affixed their Corporate Seals, duly attested by their respect authorized officers. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON c:;g u((lLlb- John Mutton, Mayor THE REGIONAL MUNICIPALITY OF DURHAM Roger Anderson, Regional Chair Pat Madill, Regional Clerk