Loading...
HomeMy WebLinkAbout97-115 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-115 Being a By-law to authorize a contract between John Fletcher, Orono, Ontario, in respect of the Operation of the Concession Refreshment Services, located at the Orono Park Booth. 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 John Fletcher and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 26 day of May, 1997. By-law read a third time and finally passed this 26 day of May, 1997. Mayor C rk SCHEDULE "A" As per the terms,conditions and specifications outlined in Quotation Q97-6 (Appendix"A"), this agreement is between the Municipality of Clarington (the Lessor) and John Fletcher, Orono, Ontario (the Lessee) for the 1997 and 1998 seasons expiring on or about October 18, 1998. The Lessee agrees: 1) not to assign or sublet all or any portions of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Corporation); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to preserve the Concession Booth in good order and to prevent any unlawful pursuits; 4) the Lessee shall serve the public promptly and efficiently and in a manner satisfactorily to the Municipality; all employees shall be well groomed,clean and neat at all times; 5) to furnish a Public Liability Policy valid for the Province of Ontario. Such policy shall have inclusive limits of not less than one million dollars for bodily injury, property damage resulting from any occurrence and will provide adequate insurance coverage with respect to any damage or loss by fire or loss by burglary of any stock or equipment of the Lessee upon the premises. The Lessee will indemnify and keep indemnified the Corporation from and against all actions, suits, claims, and demands whatsoever which the Lessor may bear, sustain, be at or put onto for or by reason of, or on account of, any injury or death of persons and or damage to property arising out of or incidental to the Lessee's occupancy of the premises of their operations of the use of any right of way over any portion of the premises demised; 6) to accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain, the Concession Booth, equipment, to conduct business at a high level of neatness and cleanliness to leave the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches, baked goods and similar items must be fresh daily and subject to inspection by the Municipality at any time. All peanuts, popcorn, candy and similar goods to be fresh and of high quality. Whenever candy is sold, minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the public patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service,with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as soft drinks will be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. - 2 - 9) Operator's Equipment: To supply all paper plates, napkins and paper cups and all other items and materials normally used in an operation of this type. To equip the Concessions by supplying and installing all equipment necessary for the successful operation of the Concession. All the equipment used must be of a contemporary design and appearance and constructed of good quality material to the satisfaction and approval of the Municipality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service, and the installation of all gas appliances shall be approved by the Consumers Gas Company. 10) Operation of Outlet: All refreshments and food offered for sale shall be stored in proper and sanitary containers, all refreshments and food exhibited for sale shall be covered in showcases or other suitable containers. Wrap all prepacked sandwiches, cakes and other similar products in approved cellophane or similar transparent wrapping. Only individual cream containers as supplied by the distributor shall be used. Cream dispensers shall not be allowed. To operate the Concession and perform all work in connection therewith in a workmanlike manner, complying with all public health regulations to the satisfaction of the Medical Officer of Health and of the Municipality. 11) Vending, Machines: Not to offer any food for sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first of each month during the life of the agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington, Local authorities, and all provincial and federal regulations; 14) to submit written evidence for Workers' Compensation Board that they have complied with the requirements of the Workers' Compensation Act and is in good standing under the said act; 15) that upon breach of any of the express terms and conditions of the agreement, the Municipality of Clarington may, in addition to any other remedy cancel the agreement, and upon receipt by the Bidder of notice of cancellation the Agreement shall be null and void. However, the failure of the Municipality of Clarington to insist in one or more instances upon the performance of the bidder of any of the Terms and Conditions of the Agreement shall not be construed as a Waiver of the future performance of any such Term or Condition and the obligations of the Bidder shall continue in full force and effect; 16) on the termination of the Agreement, the Lessee shall remove at his expense all equipment which he has provided at the Concession Booth in accordance with an itemized list which shall be submitted at the commencement of the Agreement and revised at the commencement of each succeeding year; 17) during the last two months of the Agreement or at any time that the Lessee may be in default of the covenants, Terms and Provisions hereof, the Corporation shall have the right to show the Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; - 3 - 18) to refrain from putting up or exhibiting upon any part of the Concession Booth any sign, notice, notice board, painting design or other device advertising any business undertaking or scheme without having first obtained the consent in writing of the Municipality; 19) not to use any public address system barker, spieler, hawker, hustler, crier or any other noisemaker to advertise or attract attention to any article, ware, product, merchandise, service or function offered for sale or rent by the Operator. Date: John Fletcher Date: Clerk Mayor