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HomeMy WebLinkAbout2006-110 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006-110 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Monteith Brown Planning Consultants, london, Ontario, to enter into agreement for the Consulting Services, Community Services Department - Strategic Plan. 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, a contract between, Monteith Brown Planning Consultants, london, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 15th day of May, 2006. By-law read a third time and finally passed this 15th day of May, 2006. .r r LEASE AGREEMENT THIS LEASE is made the BETWEEN: ~6" ~+ day ofr, 2006. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Lesso3') AND: THE BENCH PRESS LTD. O/A CREATIVE OUTDOOR ADVERTISING (Hereinafter referred to as the "Company") WHEREAS the Corporation of the Municipality of Clarington has authorized the Operations Department to co-ordinate and supervise the supply, maintenance, marketing and selling of advertising on recycling containers in Newcastle, Orono and Bowmanville B.I.A.'s (Business Improvement Area's). BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of the Request for Proposal RFP2006-6 and the following: The Municipality grants the exclusive right to sell and display advertisements on recyGing containers located at the specified locations. 2. This agreement shall be in effect for the two (2) year period commencing as of August 1, 2006, subject to the performance of the terms of this Agreement. The Municcpality may terminate this Agreement for non-payment of fees or any breach of the covenants and obligations of its part to be observed and performed. 3. The Company agrees to pay the Municipality of Clarington in current funds the following guaranteed minimum payment schedule plus applicable tax, in the form of certified cheque, bank draft or money order, due on the specified date. THE BENCH PRESS LTD. O/A CREATIVE OUTDOOR ADVERTISING will pay in advance at the commencement of each contract term a guarantee in the amounts indicated below, plus G.S.T. Payments due as indicated below: AREA A -NEWCASTLE August 1, 2006 August 1, 2007 AREA B - ORONO August 1, 2006 August 1, 2007 AREA C - BOWMANVILLE August 1, 2006 August 1, 2007 payment of $100.00 /container X 6 locations payment of $ 100.00 /container X 6 logtions payment of $100.00 /container X 4 locations payment of $100.00/container X 4 locations payment of $100.00 /container X 8 locations payment of $100.00 /container X 8 locations _ $ soo.oo _ $ 600.00 _ $ 400.00 _ $ aoo.oo _ $ 800.00 _ $ 800.00 TOTAL FOR THE TWO YEAR PERIOD = $3,600.00 4. The Company agrees to supply and warrantee all work and materials for the term of this Agreement and to carry on behalf of the manufacturer the warranty. H:1LFJ1SES1Bench Press Ltd -Creative Outdoor AdvertlsinglBench Press Ltd -20013-2007.doc Page t of 2 ,. :. LEASE AGREEMENT 5. The Company acknowledges and agrees to the following terms and conditions: (a) To guarantee the quantity of advertisements available for placements indicated above; (b) All advertising signs shall remain the property of the Advertiser and may be replaced at any time. The Municipality shall not be held liable for damage to the containers for any reason; (c) The Company shall be responsible for installing and replacing any damaged or defaced containers and insuring that the containers are maintained in a safe condition and pleasing appearance for the term of this Agreement, not to include acts of God as set out, but not limited to, earthquake, snowslide, landslide, subsidence or other earth movement, flood including waves, tides, tidal waves and the rising of, the breaking out or the overflow of any body of water,, whether natural or man-made, damage arising out of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power, or damage imposed by or arising under the Nuclear Liability Act. (d) The Company undertakes that the advertising placed by it shall be in acx;ordance with the regulations and standards set by.the Canadian Advertising Council and the Corporation of the Municipality of Clarington; (e) All advertising installed by the Company will be of high moral standard, non-political and not contrary to public order and taste as determined by the Municipality; 6. The Company hereby covenants to indemnify and save harmless the Municipality from all actions, causes of action, suits, claims and / or demands whatsoever which may arise directly or indirectly as a result of placing any advertisement by the Company under the terms of this Agreement. 7. The Company shall maintain liability insurance with any Insurance Company acceptable to the Municipality of Clarington to save harmless and indemnify both the Municipality and Contractors against property damage, personal injury, including death which may arise from operations within this contract. The Municipality shall be added to the Company's Insurance Policy as additional coverage. Such insurance shall be not less than two million ($2,000,000.00) Public Liability coverage. A certificate of insurance must be provided to the Municipality of Clarington. Any damages to any or all properties as a result of the work performed by the Company will be repaired at the expense of the Company to the satisfaction of the Director of Operations or his designate. 8. The Company agrees to provide ongoing, regular maintenance to the containers including schedule of emptying of the recyclables. 9. This Agreement shall not be assigned without the written consent of the parties hereto, which• consent shall not be unreasonably withheld. IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. THE BENCH PRESS LTD. O/A I~(uN~Cn'R~t- A~'Pri~s THE CORPORATION Horvath, 'E OUTDOOR ADVERTISING r ~c LI OF CLARINGTON of Oaera ons - -- H:ILEASES1l3ench Presa Ltd -Creative Outdoor Advertising~Bench Press Ltd - 2006-2007.doc Page 2 of 2