HomeMy WebLinkAbout98-32 7
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98-32
being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and Animal Licensing Service Inc .
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
Corporate Seal, an Agreement with Animal Licensing Service Inc . for the
sale of dog licenses "door to door" in the Municipality of Clarington
from March 1, 1998 to October 30, 1998 .
2 . THAT this Agreement attached hereto as Schedule "A" form part of this
By-law.
By-law read a first and second time this 9th day of February, 1998
By-law read a third time and finally passed this 9th day of
February, 1998 .
Mkyff
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CL
y Schedule "A" to By-law # 98_ 32
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This Agreement signed in Triplicate on the 9 th day of February
1998
B E T W E E N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
"the Municipality"
and -
Animal Licensing Services Inc.
"contractor"
AGREEMENT
The Contractor has provided a proposal" to the
Municipality to sell Dog Licences to the residents of Clarington on
a contracted "door to door" basis and this Agreement is being
entered into to clarify the terms and conditions on which services
will be rendered.
The Municipality and the Contractor both acknowledge
that they have each received adequate consideration to enter this
contract .
Table of Contents
Article 1 . 00 Scope of Services 1
Article 2 . 00 Term and Renewal 2
Article 3 . 00 Rent/Remuneration 3
Article 4 . 00 Rights and Obligations of the Municipality 4
Article 5 . 00 Rights and Obligations of the Contractor 5
Article 6 . 00 Covenants, Representations and
Warranties of the Contractor 6
Article 7 . 00 General 7
Article 8 . 00 Termination 8
Article 9 . 00 Definitions 9
1 . 00 Scope of Services
1 . 01 Licence Sales : The Contractor shall provide the service of
selling dog licences to the residents of the Municipality of
Clarington, door to door. This operation will be carried out
between the hours of 9 : 00 a.m. and 8 : 00 p.m. , from Monday to
Saturday, (excepting statutory holidays) for the term of this
contract .
1 . 02 Other Services : The Contractor shall communicate to the
residents of Clarington the reasons and benefits for dog licensing.
This will include the distribution of brochures and other
literature regarding the licensing of dogs in Clarington, as
provided by the Municipality.
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2 . 00 Term and Renewal
2 . 01 Term: This contract will have a fixed term of March 1, 1998
to October 30, 1998 . This service is being contracted on a trial
basis for that period. The effectiveness of the program will be
evaluated at that time and a decision made with respect to future
requirements and procedures .
2 . 02 Renewal : This contract has no right of renewal .
3 . 00 Rent/Remuneration
3 . 01 Remittance : The Contractor shall make weekly deposits in the
full amount of all proceeds of all licence sales to an account to
be opened by the Municipality for this purpose at the Toronto
Dominion Bank in Bowmanville. Cash, cheques made payable to the
Municipality of Clarington, or credit card payments (visa,
Mastercard) will be acceptable for payment of licences .
3 . 02 Remuneration: Remuneration in the amount of $3 . 00 for the
sale of each licence for an altered animal and $5 . 00 for the sale
of each licence for an unaltered animal shall be paid to the
Contractor on a weekly basis . Registration forms and invoices to
support the licences sold must be submitted to the Municipality by
9 : 00 a.m. , the Monday following the completed work week. A cheque
will be issued on the following Friday, provided the remuneration
exceeds $50 . 00 . Where this minimum requirement is not met, then
payment shall be deferred to a following Friday when the $50 . 00 has
been achieved. Where a cheque received by the Contractor proves to
be N.S.F. , such cheque shall be handled by the Municipality in the
manner normally prescribed under Municipality procedures for the
handling of such cheques under other circumstances . Payments to
the Contractor shall be withheld.
3 . 03 Data: Data collected with respect to door-to-door sale of
licences shall be delivered to the Animal Shelter by 12 : 00 noon on
the Monday following the collection of the data.
3 . 04 Books and Records : The Contractor agrees to keep such books
and records of the operation of the licence sales as the
Municipality may require, and allow the Municipality access at all
times to inspect these books and records . The Contractor agrees to
employ an Auditor licensed under the Public Accountancy Act, R.S .O.
1990, c. P. 37, S . 14 (as amended from time to time) , whose identity.
is acceptable to the Municipality.
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3 . 05 Dispute : In the event that a dispute arises between the
Contractor and the Municipality as to the amount of money payable
to either party pursuant to this Agreement, the decision shall be
referred to the Town Clerk (or such other person as she may
designate) , and the decision of the Town Clerk (or designate) as to
the amount of the payment shall be final .
4 . 00 Rights and Oblicrations of the Municipality of Clarington
4 . 01 Exclusivity: The Municipality covenants that it shall not
retain any other door-to-door sales persons for animal licences
during the currency of this Agreement .
4 . 02 No Guarantee : The Contractor acknowledges that the
Municipality has made no representations, warranties or estimates
regarding expected sales of licences to the residents of
Clarington. The Municipality has made no predictions or estimates
whatsoever regarding profits or sales .
4 . 03 Confidential Records : The Municipality will provide to the
Contractor, a list of individuals who have already purchased their
1997 animal licences and will provide him with an update of
individuals purchasing licences throughout the year by non door-to-
door sales . Such information is considered to be of a confidential
nature .
4 . 04 Reference Materials : All reference materials required to
educate the residents of Clarington with respect to the animal
licensing program shall be provided to the Contractor by the
Municipality.
4 . 05 Tra, i_nina: The Municipality will provide appropriate training
to the Contractor and/or his agents regarding the benefits of
animal licensing, prior to the commencement of the Agreement .
4 . 06 Waiver: The failure of the Municipality to insist, in one or
more instances, upon the performance of the Contractor or his
agents of any of the terms and/or conditions of this Agreement
shall not be construed as a waiver of the future performance of any
such term and/or condition and the obligations of the Contractor
shall continue in full force and effect .
4 . 07 Advertising: The Municipality shall have the right to place
advertising in the appropriate media (local newspaper or radio)
from time to time introducing and promoting the animal licensing
program and its benefits.
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5 . 00 Rights and Obligations of the Contractor
5 . 01 No Assignment : The Contractor acknowledges that the
background and experience of its principal officer, Mark Stewart,
as well as the proposal submitted to the Municipality under his
name were key components in the Municipality' s entering into this
Agreement . The door-to-door sales are to be conducted only by the
Contractor and any of his employees or agents that have received
the prior approval of the Municipality. The Contractor agrees that
it shall not transfer the business (as it operates) to another
person or corporation, and acknowledges that he is not entitled to
assign all or any portion of this Agreement without the prior
written consent of the Municipality. The Municipality may
arbitrarily withhold consent to an assignment in its sole and
absolute discretion. Nothing contained in this agreement prohibits
the Contractor from performing similar services for other
municipalities or companies .
5 . 02 Lawful Opera: The Contractor shall, at all times, hold
and maintain in good standing any licences or permits required by
Federal, Provincial or Municipal laws and regulations .
5 . 03 Insurance : The Contractor shall obtain and maintain
comprehensive liability insurance from a company satisfactory to
the Municipality.
This insurance shall :
(a) have a limit of liability of not less than
$2, 000, 000 . 00 (two million dollars) per
occurrence for property damage and bodily
injury;
(b) cover all operations and liability undertaken
by the Contractor pursuant to this Agreement;
(c) include both "owned" and "non-owned" vehicle
coverage;
(d) be endorsed to provide that the policy or
policies will not be altered, cancelled, or
allowed to lapse during the currency of this
Agreement (including any renewal) without
thirty (30) days prior written notice to the
Municipality; and
(e) name the Municipality as additional insured.
5 . 04 Indemnification: The Contractor agrees that it will from
time to time, and at all times, hereafter, well and truly save,
keep harmless and fully indemnify the Municipality and its elected
officials, employees and agents and its successors and assigns,
from and against all actions, claims, and demands whatsoever which
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may be brought against or made upon the Municipality and against
all loss, liability, judgements, claims, costs, demands or expenses
which the Municipality sustain, suffer or be put to resulting from
or arising out of the Contractor's failure to exercise reasonable
care, skill or diligence in the performance or rendering of any
work or service required hereunder to be performed or rendered by
the Contractor, its agents, servants, employees or sub consultants
or any of them.
5 . 05 Fidelity Bond: Inasmuch as this Agreement covers working on
Municipal property and private property within Clarington without
supervision, the Contractor must provide evidence that all
personnel employed in, on, upon or about the premises of Clarington
are covered by a Fidelity Bond of not less than $10, 000 . 00 for each
individual involved on Municipal property or private property
within Clarington.
5 . 06 Workers' Compensation: The Contractor acknowledges that this
Agreement is a "Contract for Service" and that it and its employees
or agents are deemed to be independent Operators under the
Operational Policy of the Workers' Compensation Act, R. S.O. 1990,
Sections 1 (1) (m) , and 11 . In the event that the Contractor must
register with the Workers Compensation Board as an employer, it
shall furnish Workers Compensation Board Clearance Certificates to
the Municipality at 45 day intervals or as required to confirm its
good standing. The Workers Compensation Board letter of
Independent Operator' s status shall form a part of this agreement .
5 . 07 Equipment : The Contractor shall supply its own
transportation during the currency of this Agreement . The
Contractor shall further supply any computer equipment and office
materials required to collect and disseminate the data required by
the Municipality.
5 . 08 Identification: The Municipality shall provide
identification for each of the Contractor' s approved agents and/or
employees that is the official identification for one representing
the Municipality. This will be a photo identification card that
will be presented when making a call at a private residence or
Private property within the Municipality.
5 . 09 Confidentiality: The Contractor agrees that all information
received from the Municipality and from the residents of the
Municipality of Clarington with respect to animal licensing within
the Municipality of Clarington is confidential information and
shall be treated accordingly. This confidentiality shall extend to
its employees and/or agents . All written and computer material,
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information and records shall be returned to the Municipality upon
termination of this Agreement .
5 . 10 Advertising: There shall be no advertising carried out by
the Contractor for this program.
6 . 00 Rules of Operation: The Contractor covenants to abide by all
of the terms and conditions of this Agreement .
7 . 00 General
7 . 01 Notices : Any notice to be given under this Agreement must be
in writing, signed by or on behalf of the party giving such notice
and delivered by hand or mailed by prepaid first class mail in
Canada and addressed as follows :
if to the Municipality at :
Marie Knight, Deputy Clerk
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
If to the Contractor, at :
Animal Licensing Services Inc.
c/o Mr. Mark Stewart
111 Victoria Street East, Unit #1
Whitby, Ontario
L1N 8X1
or at such other address as any party hereto may have specified by
notice in writing and given to the other party. Where notice is
given by mail, it shall be deemed to have been received by the
person to whom the same is addressed, on the fifth (5th) business
day following the day upon which such notice, sent by prepaid first
class mail, has been deposited in a post office in Canada .
7 . 02 Freedom of Information: Pursuant to the Municipal Freedom of
Information and Protection of Privacy Act, R. S .O. 1990, c .M. 56, as
amended, the Contractor acknowledges that this Agreement to be
provided by the Contractor to the Municipality, are subject to the
same Act . If the Contractor wishes to maintain confidence on any
document submitted, it must stipulate at the time that the document
is submitted, that it is being submitted in confidence . The
Municipality will not be responsible to the Contractor for the
release of any information given without claim to confidentiality.
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8 . 00 Termination
8 : 01 Termination by the Municipality: The Contractor agrees that
upon breach by it (or by persons for whom it is lawfully
responsible) of any of the express or implied terms and conditions
of this Agreement, the Municipality may, in addition to any other
remedy available at law, terminate this Agreement . Upon receipt by
the Contractor of a notice of termination, this Agreement shall be
considered terminated.
8 : 02 Return of Information: On the termination of this Agreement,
the Contractor shall return within 24 hours and at its own expense
all documentation, identification, forms and literature provided by
Clarington for the purposes of carrying out the work of this
contract .
8 . 03 Termination by the Contractor: In the event that the animal
licensing program becomes unprofitable to the Contractor, it may,
upon fourteen (14) days' s notice in writing to Clarington,
terminate this Agreement and discontinue the door-to-door sales of
licences .
9 . 00 Definitions :
Soliciting "Door-to-Door" means soliciting each single
dwelling unit on every urban and rural street within the
Municipality of Clarington.
A "Single Dwelling Unit" is each private home (whether
single or semi private) , each private apartment (whether
within a private home or apartment building) , each
townhouse, or each unit in a group dwelling.
The Sale of a Licence is not completed unless and until
the following has taken place : an explanation to the pet
owner of the benefits of having a licence, the completion
of all appropriate paperwork, the transfer of monies, the
delivery of the licence to the pet owner, and the
delivery of the paperwork to the Clarington Animal
Shelter as per Articles 3 . 03 and 3 . 04 .
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Signed in Triplicate on the 9th day of February, 1998
ANIMAL LICENSING SERVICE INC.
Name :
Title .
Name :
Title .
(I/We have the authority to bind the
Corporation)
The Corporation of the
Municipality of Clarington
'V VA
Mayor
C rk
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
NEWCASTLE VETERINARY CLINIC
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate .
MAYOR
u
NEWCASTT,2 VET RINARY CLINIC
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
NEWCASTLE VETERINARY CLINIC
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
r
NEW AS E , TERIN Y CLINIC
CLERK
y
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
CLARINGTON ANIMAL HOSPITAL
hereinafter called the "Operator" of the first part
- and
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
f.
1
CLARINGTON I OSPITAL
f
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
CLARINGTON ANIMAL HOSPITAL
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
CLARINGTON ANIMA OSPITAL
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
EAST OSHAWA ANIMAL HOSPITAL
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, 'in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
IZVO—R
EA T OSHAWA ANIMAL HOSPITAL
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
EAST OSHAWA ANIMAL HOSPITAL
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate .
MAYOR
!EAST OSHAWA ANIMAL HOSPITAL
f CLERK
1
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
CLARINGTON PET CONNECTION
hereinafter called the "Operator" of the first part
- and
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
CL ON PEff CONNECT N
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
CLARINGTON PET CONNECTION
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate .
MAYOR
CLAR GTON PET CO FACTION
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
DURHAM VETERINARY CLINIC
hereinafter called the "Operator" of the first part
- and
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain 'terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses .on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
DUR VETERIN RY CLIN
j,
CLERK
r
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
DURHAM VETERINARY CLINIC
hereinafter called the "Operator" of the first part
- and
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MAYOR
UR VETERIN IN
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
BOWMANVILLE VETERINARY CLINIC
hereinafter called the "Operator" of the first part
- and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
YOR
tsVwMANALLEMET�ERIN�ARY CLINIC
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
BOWMANVILLE VETERINARY CLINIC
hereinafter called the "Operator" of the first part
and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
YOR
c
BOWMANVILLE VETERINARY CLINIC
CLERK
AGREEMENT MADE (IN TRIPLICATE) THIS 26TH DAY OF JANUARY, 1998
BETWEEN:
COURTICE PET CLINIC
hereinafter called the "Operator" of the first part
and -
THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality" of the second part
WHEREAS the Municipality authorizes the Operator to sell dog licenses on
behalf of the Municipality; and
WHEREAS it is deemed necessary to set out certain terms and conditions
related thereto;
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree as follows :
1 . The Operator agrees to sell dog licenses on behalf of the Municipality
in accordance with procedures as prescribed by the Clerk' s Department .
2 . The Municipality agrees to reimburse the Operator the sum of Two
Dollars ($2 . 00) for every dog license sold.
3 . The Operator agrees to submit to the Clerk' s Department on a bi-weekly
basis the following:
a) list of names of dog owners, addresses, license numbers, fee
charges, and other pertinent information as required by the
Clerk' s Department; and
b) all money collected from the sales of dog licenses minus the
commission fee referred to in Paragraph 2 .
4 . The parties agree that this Agreement can be cancelled by either party
within one (1) month of receipt of written notice to terminate.
MA
COU46E
fZ
CLERK
Schedule "A" to By-law # 98_ 32
1
This Agreement signed in Triplicate on the 9 th day of February
1998
B E T W 4 E N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
"the Municipality"
and -
Animal Licensing Services Inc.
"contractor"
AGREEMENT
The Contractor has provided a proposal" to the
Municipality to sell Dog Licences to the residents of Clarington on
a contracted "door to door" basis and this Agreement is being
entered into to clarify the terms and conditions on which services
will be rendered.
The Municipality and the Contractor both acknowledge
that they have each received adequate consideration to enter this
contract .
Table of Contents
Article 1. 00 Scope of Services 1
Article 2 . 00 Term and Renewal 2
Article 3 . 00 Rent/Remuneration 3
Article 4 . 00 Rights and Obligations of the Municipality 4
Article 5 . 00 Rights and Obligations of the Contractor 5
Article 6 . 00 Covenants, Representations and
Warranties of the Contractor 6
Article 7. 00 General 7
Article 8 . 00 Termination 8
Article 9 . 00 Definitions 9
1 . 00 Scope of Services
1 . 01 Licence Sales : The Contractor shall provide the service of
selling dog licences to the residents of the Municipality of
Clarington, door to door. This operation will be carried out
between the hours of 9 : 00 a.m. and 8 :00 p.m. , from Monday to
Saturday, (excepting statutory holidays) for the term of this
contract .
1. 02 Other Services : The Contractor shall communicate to the
residents of Clarington the reasons and benefits for dog licensing.
This will include the distribution of brochures and other
literature regarding the licensing of dogs in Clarington, as
provided by the Municipality.
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2 . 00 Term and Renewal
2 . 01 Term: This contract will have a fixed term of March 1, 1998
to October 30, 1998 . This service is being contracted on a trial
basis for that period. The effectiveness of the program will be
evaluated at that time and a decision made with respect to future
requirements and procedures .
2 . 02 Renewal : This contract has no right of renewal .
3 . 00 Rent/Remuneration
3 . 01 Remittance : The Contractor shall make weekly deposits in the
full amount of all proceeds of all licence sales to an account to
be opened by the Municipality for this purpose at the Toronto
Dominion Bank in Bowmanville. Cash, cheques made payable to the
Municipality of Clarington, or credit card payments (visa,
Mastercard) will be acceptable for payment of licences .
3 . 02 Remuneration: Remuneration in the amount of $3 . 00 for the
sale of each licence for an altered animal and $5 . 00 for the sale
of each licence for an unaltered animal shall be paid to the
Contractor on a weekly basis. Registration forms and invoices to
support the licences sold must be submitted to the Municipality by
9 : 00 a.m. , the Monday following the completed work week. A cheque
will be issued on the following Friday, provided the remuneration
exceeds $50 . 00 . Where this minimum requirement is not met, then
payment shall be deferred to a following Friday when the $50 . 00 has
been achieved. Where a cheque received by the Contractor proves to
be N.S.F. , such cheque shall be handled by the Municipality in the
manner normally prescribed under Municipality procedures for the
handling of such cheques under other circumstances . Payments to
the Contractor shall be withheld.
3 . 03 Data: Data collected with respect to door-'to-door sale of
licences shall be delivered to the Animal Shelter by 12 : 00 noon on
the Monday following the collection of the data.
3 . 04 Books and Records : The Contractor agrees to keep such books
and records of the operation of the licence sales as the
Municipality may require, and allow the Municipality access at all
times to inspect these books and records . The Contractor agrees to
employ an Auditor licensed under the Public Accountancy Act, R.S .O.
1990, c. P. 37, s . 14 (as amended from time to time) , whose identity_
is acceptable to the Municipality.
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3 . 05 Dispute : In the event that a dispute arises between the
Contractor and the Municipality as to the amount of money payable
to either party pursuant to this Agreement, the decision shall be
referred to the Town Clerk (or such other person as she may
designate) , and the decision of the Town Clerk (or designate) as to
the amount of the payment shall be final.
4 . 00 Rights and Obligations of the Municipality of Clarington
4 . 01 Exclusivity: The Municipality covenants that it shall not
retain any other door-to-door sales persons for animal licences
during the currency of this Agreement.
4 . 02 No Guarantee : The Contractor acknowledges that the
Municipality has made no representations, warranties or estimates
regarding expected sales of licences to the residents of
Clarington. The Municipality has made no predictions or estimates
whatsoever regarding profits or sales .
4 . 03 Confidential Records : The Municipality will provide to the
Contractor, a list of individuals who have already purchased their
1997 animal licences and will provide him with an update of
individuals purchasing licences throughout the year by non door-to-
door sales . Such information is considered to be of a confidential
nature .
4 . 04 Reference Materials : All reference materials required to
educate the residents of Clarington with respect to the animal
licensing program shall be provided to the Contractor by the
Municipality.
4 . 05 Training: The Municipality will provide appropriate training
to the Contractor and/or his agents regarding the benefits of
animal licensing, prior to the commencement of the Agreement .
4 . 06 Waiver: The failure of the Municipality to insist, in one or
more instances, upon the performance of the Contractor or his
agents of any of the terms and/or conditions of this Agreement
shall not be construed as a waiver of the future performance of any
such term and/or condition and the obligations of the Contractor
shall continue in full force and effect .
4 . 07 Advertising: The Municipality shall have the right to place
advertising in the appropriate media (local newspaper or radio)
from time to time introducing and promoting the animal licensing
program and its benefits.
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5 . 00 Rights and Obligations of the Contractor
5 . 01 No Assignment : The Contractor acknowledges that the
background and experience of its principal officer, Mark Stewart,
as well as the proposal submitted to the Municipality under his
name were key components in the Municipality' s entering into this
Agreement . The door-to-door sales are to be conducted only by the
Contractor and any of his employees or agents that have received
the prior approval of the Municipality. The Contractor agrees that
it shall not transfer the business (as it operates) to another
person or corporation, and acknowledges that he is not entitled to
assign all or any portion of this Agreement without " the prior
written consent of the Municipality. The Municipality may
arbitrarily withhold consent to an assignment in its sole and
absolute discretion. Nothing contained in this agreement prohibits
the Contractor from performing similar services for other
municipalities or companies.
5 . 02 Lawful Operation: The Contractor shall, at all times, hold
and maintain in good standing any licences or permits required by
Federal, Provincial or Municipal laws and regulations .
5 . 03 Insurance : The Contractor shall obtain and maintain
comprehensive liability insurance from a company satisfactory to
the Municipality.
This insurance shall :
(a) have a limit of liability of not less than
$2, 000, 000 . 00 (two million dollars) per
occurrence for property damage and bodily
injury;
(b) cover all operations and liability undertaken
by the Contractor pursuant to this Agreement;
(c) include both "owned" and "non-owned" vehicle
coverage;
(d) be endorsed to provide that the policy or
Policies will not be altered, cancelled, or
allowed to lapse during the currency of this
Agreement (including any renewal) without
thirty (30) days prior written notice to the
Municipality; and
(e) name the Municipality as additional insured.
5 . 04 Indemnification: The Contractor agrees that it will from
time to time, and at all times, hereafter, well and truly save,
keep harmless and fully indemnify the Municipality and its elected
Officials, employees and agents and its successors and assigns,
from and against all actions, claims, and demands whatsoever which
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may be brought against or made upon the Municipality and against
all loss, liability, judgements, claims, costs, demands or expenses
which the Municipality sustain, suffer or be put to resulting from
or arising out of the Contractor's failure to exercise reasonable
care, skill or diligence in the performance or rendering of any
work or service required hereunder to be performed or rendered by
the Contractor, its agents, servants, employees or sub consultants
or any of them.
5 . 05 Fidelity Bond: Inasmuch as this Agreement covers working on
Municipal property and private property within Clarington without
supervision, the Contractor must provide evidence that all
personnel employed in, on, upon or about the premises of Clarington
are covered by a Fidelity Bond of not less than $10, 000 . 00 for each
individual involved on Municipal property or private property
within Clarington.
5 . 06 Workers' Compens__n; The Contractor acknowledges that this
Agreement is a "Contract for Service" and that it and its employees
or agents are deemed to be independent Operators under the
Operational Policy of the Workers' Compensation Act, R.S.O. 1990,
Sections 1 (1) (m) , and 11 . In the event that the Contractor must
register with the Workers Compensation Board as an employer, it
shall furnish Workers Compensation Board Clearance Certificates to
the Municipality at 45 day intervals or as required to confirm its
good standing. The Workers Compensation Board letter of
Independent Operator' s status shall form a part of this agreement .
5 . 07 Equipment : The Contractor shall
transportation supply its own
during the currency of this Agreement . The
Contractor shall further supply any computer equipment and office
materials required to collect and disseminate the data required by
the Municipality.
5 . 08 Identification: The Municipality shall . provide
identification for each of the Contractor' s approved agents and/or
employees that is the official identification for one representing
the Municipality. This will be a photo identification card that
will be presented when making a call at a private residence or
Private property within the Municipality.
5 . 09 Confidentiality: The Contractor agrees that all information
received from the Municipality and from the residents of the
Municipality of Clarington with respect to animal licensing within
the Municipality of Clarington is confidential information and
shall be treated accordingly. This confidentiality shall extend to
its employees and/or agents . All written and computer material,
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information and records shall be returned to the Municipality upon
termination of this Agreement .
5 . 10 Advertising: There shall be no advertising carried out by
the Contractor for this program.
6 . 00 Rules of Operation: The Contractor covenants to abide by all
of the terms and conditions of this Agreement .
7 . 00 General
7. 01 Notices : Any notice to be given under this Agreement must be
in writing, signed by or on behalf of the party giving such notice
and delivered by hand or mailed by prepaid first class mail in
Canada and addressed as follows :
if to the Municipality at :
Marie Knight, Deputy Clerk
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
If to the Contractor, at :
Animal Licensing Services Inc.
C/o Mr. Mark Stewart
111 Victoria Street East, Unit #1
Whitby, Ontario
UN 8X1
or at such other address as any party hereto may have specified by
- notice in writing and given to the other party. Where notice is
given by mail, it shall be deemed to have been received by the
person to whom the same is addressed, on the fifth (5th) business
day following the day upon which such notice, sent by prepaid first
class mail, has been deposited in a post office in Canada.
7. 02 Freedom of Information: Pursuant to the Municipal Freedom of
Information and Protection of Privacy Act, R. S .O. 1990, c .M. 56 , as
amended, the Contractor acknowledges that this Agreement to be
Provided by the Contractor to the Municipality, are subject to the
same Act . If the Contractor wishes to maintain confidence on any
document submitted, it must stipulate at the time that the document
is submitted, that it is being submitted in confidence. The
Municipality will not be responsible to the Contractor for the
release of any information given without claim to confidentiality.
t
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8 . 00 Termination
8 : 01 Termination by the Municipality: The Contractor agrees that
upon breach by it (or by persons for whom it is lawfully
responsible) of any of the express or implied terms and conditions
of this Agreement, the Municipality may, in addition to any other
remedy available at law, terminate this Agreement . Upon receipt by
the Contractor of a notice of termination, this Agreement shall be
considered terminated.
8 : 02 Return of Information: On the termination of this Agreement,
the Contractor shall return within 24 hours and at its own expense
all documentation, identification, forms and literature provided by
Clarington for the purposes of carrying out the work of this
contract .
8 . 03 Termination by the Contractor: In the event that the animal
licensing program becomes unprofitable to the Contractor, it may,
upon fourteen (14) days' s notice in writing to Clarington,
terminate this Agreement and discontinue the door-to-door sales of
licences .
9 . 00 Definitions :
Soliciting "Door-to-Door" means soliciting each single
dwelling unit on every urban and rural street within the
Municipality of Clarington.
A "Single Dwelling Unit" is each private home (whether
single or semi private) , each private apartment (whether
within a private home or apartment building) , each
townhouse, or each unit in a group dwelling.
The Sale of a Licence is not completed unless and until
the following has taken place : an explanation to the pet
owner of the benefits of having a licence, the completion
of all appropriate paperwork, the transfer of monies, the
delivery of the licence to the pet owner, and the
delivery of the paperwork to the Clarington Animal
Shelter as per Articles 3 ..03 and 3 . 04 .
, ti
s.
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Signed in Triplicate on the 9th day of February, 1998
ANIMAL LICENSING SERVICE INC.
Name :
Title :
Name: 4
Title : ��e5 ('44
Pro
(I/We have the authority to bind the
Corporation)
The Corporation of the
Municipality of Clarington
Mayor
C1 rk