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HomeMy WebLinkAbout93-116 x THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93-116 A By-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Air Comfort Mechanical Inc. WHEREAS Section 210 (31) of the Municipal Act, R.S.O. 1990, Chapter M.45, states that: "By-laws may be passed by the Councils of Municipalities for providing fire-fighting and fire protection services and for establishing, operating, promoting and regulating life and property saving companies" ; NOW THEREFORE THE COUNCIL OF 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 Corporation of the Municipality of Clarington and Air Comfort Mechanical Inc. dated the 19th day of July, 1993 in the form attached hereto as Schedule "A" . 2 . THAT Schedule "A" attached hereto forms part of this By-law. By-law read a first and second time this 19th day of July, 1993 By-law read time and finally passed this 19th day of July, 1993. Mayor y k Schedule "A" to By-law 93-116 THIS AGREEMENT made this /y'Tf/ day of 'ru L y 1993. B E T W E N: AIR COMFORT MECHANICAL INC. a company having its head office in the City of Toronto hereinafter called the "Company" OF THE FIRST PART and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Company has agreed with the Municipality to maintain, on the terms hereinafter set out, the fire alarm receiving unit belonging to the Company and installed in the headquarters of the Fire Department of the Municipality: AND WHEREAS this agreement is entered into for the purpose of defining the terms and conditions upon which the fire alarm unit will be operated. NOW THEREFORE THIS AGREEMENT WITNESSETH that in pursuance of the premises and in consideration of the respective agreements hereinafter by the parties hereto undertaken to be performed, it is this day mutually agreed between the parties hereto as follows: 1. The Company agrees that the annunciation panel unit know as PHILEN AP- 9306 Remote Fire Alarm Panel, installed upon the premises of the Clarington Fire Department at 132 Church Street, Bowmanville, Ontario and all succeeding additions to it shall be maintained by the Company free of any charge to the Town. 2. The fire annunciation panel shall be and remain the property of the Company, subject to the terms of this agreement. 3. The said unit would be connected with the telephone system of Bell Canada and would operate so as to provide automatic fire alarm signals to the Fire Department signalling the occurrence of any fire in the premises of the persons and firms who are customers of the Company. 4. All equipment in the said unit and in connection therewith shall be serviced and maintained by the Company at all times in a completely opera`ional and satisfactory condition without expense to the Municipality. 5. Every customer agreement relating to the furnishing of any service by the Company shall further contain a provision clearly stating that the equipment, whether on the premises of the Town or of the customer, is installed, maintained and owned by the Company and that the Municipality assumes no responsibility with respect to maintenance or operation of the equipment. 6. This agreement shall be renewable on a yearly basis until one of the parties hereto gives reasonable notice of intention to terminate said agreement. 7. The Municipality shall be relieved of any responsibility whatsoever of any person or company in the operation of this installation and shall be indemnified and saved harmless by the Company from all operation or defective operation of any such installation. Every rental agreement made by the Company with any customer of the Company or other firm or persons shall contain a clause specifically exempting the Municipality of any such liability or claim by the customer or any other person for any failure of the equipment or negligence or omission on the part of the Company. 2 - B. The Municipality in consideration of the Company permitting the Company to install an annunciation panel in the premises of the Clarington Fire Department, 132 Church Street, Bowmanville, Ontario hereby releases the Company of and from all manner of actions, causes of actions, claims and demands whatsoever which the undersigned may have as a result of the said connection(s) or for the failure of said annunciation system(s) to operate for any reason whatsoever. 9. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals under the hands of their duly authorized officers. AIR COMFORT MECHANICAL INC. Tom Phillips THE . CORPORATION OF THE MUNICIPALITY OF CLARINGTON MJqyoQ, vTY L' K