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HomeMy WebLinkAboutWD-40-97s THE CORPORATION OF TH16 MUNICIPALITY OF CLARINGTON XXX~xf~~k~lE~FjAI~ICAft7~i~XTiP~hf~tl~7ti~h~C9k~C3~CXX REPORT ,M Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # I/' ~ j Q, Date: JUNE 16, 1997 Res. # S~>:k~- r WD-40-97 By-Law# ,~~9 Report #: File #: Subject: PROPOSHD AGRHHMHNT FOR TH8 PLACSMBNT OF ADVERTISING BSNCHBS WITHIN THH MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-40-97 be received; 2. THAT the Municipality of Clarington enter into an agreement with Mr. Joseph Shaw carrying on business under the firm name of Bench Ads (Canada) to permit the installation of advertising benches (Schedule "A" to Attachment No. 1), satisfactory to the Director of Public Works;. 3. THAT Purchasing By-law 94-129, Paragraph 5, Item 5.06, be waived; and 4. THAT the proposed By-law (Attachment No. 1) be passed by Council authorizing the Mayor and Clerk to execute the Agreement. RBPORT 1.0 ATTACHMBNTS No. 1: Proposed By-law Authorizing an Agreement between the Municipality of Clarington and Mr. Joseph Shaw, carrying on business under the firm name and style o£ Bench Ads (Canada) No. 2: Correspondence from R. S. Duignan of the City of Oshawa, dated February 4, 1997, regarding Rent A Bench (Oshawa) (Co-owner: Joseph Shaw) RsroRx ate,: We=~a=9~ ~AC~E a ; a . o Bi-cuaaov~n 2.1 Joseph Shaw, co-owner of Rent A. Bench (Oshawa.) has contacted the. Municipality with an interest is expanding into the Clarngton area' under the firm name of Beneh Ads (Canada). 3.0 R8VI8W :11ND CO2sdET1T 3c1 ,,,}ldvertising style benches are used in many communities in Ontario. Mr:.'Shaw hae eo-owned and operated a bench advertising service on` ~.> Durham Regional Roads within Oshawa since 1990 amd in-4ahawa since f February 1491.. Discussions with staff at the Rmgian Cf Durham and City of Oshawa indicate that they are both saEisfied with Mr. Shaw' e performance. (Attachment No. 2). 32 The ;proposed agreement with Bench Ads (Canada) ansurea that that' ~ provide the following: f • Insurance for themselves and the Municipality;` _` + Durable benches, properly maintained; • Litter pick-up, snow removal, and grass trimming; • interlocking paving etoneag and ~ • Financial .compensation to the Municipality. -In .addition to these standasd'items,. the agreement provides the Municipality with up to 108-of tihe benches faY its exclusive use to promote public service messages such as, "ARRIVE AhIVE-- DON'T DRINK AND DRIVE"'or °BUCICLE UP - SEAT BELTS SAVB LIVES" 3.3 With this program, the public will benefit by obtaining maintained'. sitting areas at bus stops or other padeatran locations-with no- coat to the municipality. GO Transit has approved this type of installation, as it provides a higher level of service _to its_ customers with no additional coats, 3.4 Staff is not aware of other vendors in the area that supply the same service. In addition, given that-the Region of Durham has already contracted with this vendor and there iaxevenue sharing related to ~~22 RSPORT NO.s WD-40-97 FhfdS 3 the contract, it is recommended that the,Municipa2ity participate with that same vendor. The Treasurer has reviewed the proposal for advertising benches, as it relates to the Purchasing By-law, and concurs-with the recommendations. 3.5 The Municipality has had problems with businesses posting .:advertising signs on road allowances in contravention of the Municipality's sign by-laws. By permitting and regulating- advertising benches, it .will provide a legal means for businesses to advertise within the road allowance. 4.0 RBCOMDSSCiDATIOHB 4.1 It is recommended that the Municipality accept Mr. Shaw's proposal.. and that the Municipality of Clarngton enter into an agreement with Bench Ada- (Canada) .for the installation of advertising benches (Schedule "A" to Attachment No. 1) , satisfactory to the Director of Public Works. Respectfully submitted, ~~~'2 C.~ Stephen A. V©kes, P.Sng. Director of Public Works RDB*ph .June 11, 1997 Attachments Reviewed by, '~~-~ W. H. Stockwell Chief Administrative O€ficer 1 123 THE CORPORATION OF TH8 MUNICIPALITY OF CLARINGTON BY-LAW 97- Being a By-law to authorize the execution of an Agreement with Joseph Shaw of Bench Ada (Canada) for the installation of advertising benches within the Municipality of Clarington THE CORPORATION OP TH8 MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS POLLOWB: 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 between Joseph Shaw of Bench Ada (Canada) and The Corporation of the Municipality of Clarington in the form attached hereto as Schedule "A". SY-LAW read a first and second time this 23rd day of June, 1997. BY-LAW read a third time and finally passed this 23rd day of June, 1997. MAYOR CLERK ATTACHMENT N0. 1 WD-40-97 1124 SCHEDULE "A" THIS LICENCE AGREEMENT made in duplicate this day of 199 B E T W E E N THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Municipality OF THE FIRST PART - and - JOSHPH SHAW, carrying on business under the firm name and style of BENCH ADS(CANADA) hereinafter called the "Licensee OF THE SECOND PART WHEREAS the Licensee is in the business of the installation of benches which provide seating space for members of the public and advertising space to be rented by BENCH ADS (CANADA) to third parties; AND WHEREAS certain benches are to be placed at bus stops or other approved locations within the Municipality of Clarington. NOW IN CONSIDERATION OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS the parties hereto agree as follows: 1. This agreement shall commence on the first day of the month next following the execution of this agreement and shall continue in force on an annual basis thereafter, except that it may be terminated by either party upon sixty (60) days prior written notice. 2. The Municipality hereby grants to the Licensee an exclusive -. licence to install up to a maximum o£ twenty-five (25) advertising benches at bus stops or other approved locations _ in the Municipality of Clarington, on highways under the - jurisdiction of the Municipality of Clarington, at locations approved by the Director of Public Works or a nominee. The locations of such benches shall be identified in Schedule "A" and shall be subject to the terms of this agreement. All locations within the Municipality of Clarington will be listed on Schedule "A", with the road jurisdiction noted as either Municipal or Regional. This schedule may be amended from time to time without the necessity of an amendment to this agreement. 1125 2 3. The Licensee agrees to construct the benches in accordance with the general specifications contained in Schedule "S" hereto. 4. The Licensee shall keep the benches in good condition and shall remove any defective or damaged benches forthwith upon the request of the Director of Public Works or a nominee. 5. The Licensee shall be responsible for snow removal, grass trimming and litter pick-up at each bench location. 6. The specific location of each bench shall be subject to the approval of the Director of Public Works or a nominee who shall take into consideration such factors as public safety, pedestrian convenience, traffic patterns and the visibility of advertising messages to both vehicular and pedestrian traffic. The Licensee shall provide to the Director of Public Works, a written summary of the number of new benches installed, their locations, and the installation date of each. 7. In consideration of the licence granted hereunder, the Licensee agrees to pay to the Municipality the greater of ten (10). percent of the gross revenues generated per bench per annum or the sum of $120 per bench per annum for all benches located on roads under the jurisdiction of the Municipality, together with an amount of $80 per bench per annum for those benches located on Regional roads within the Municipality of Clarington. Fees shall be payable annually with the first such payment due and payable at the time of the execution of this agreement. Each annual payment shall be adjusted to include payment for all new installations since the date of the previous payment. A semi annual payment shall be made to include payment for all new installations since the date of the previous payment. The Licensee shall, within sixty 60 days of the anniversary date of the agreement provide a financial statement to the Municipality for the previous year and pay any additional amounts, if any. An additional separate fee will be payable to the Region of Durham for roads under their jurisdiction, as covered under separate agreement. The fees listed above shall be reviewed on an annual basis and may be amended from time to time by resolution of the Municipality's Council. In the event that the Goods and Services Tax (GS T) is payable on the licence fees paid under this Agreement, the Licensee agrees to pay the applicable tax in addition to all other fees payable under this Agreement. li2b - 3 - 8. At locations where benches are or will be situated on grass boulevards or elsewhere as deemed necessary by the - Municipality, the licensee shall generally install, to the Municipality's standards, interlocking paving stones having an area of approximately 130 cm by 245 cm under and in front of each bench. However, under some conditions, the Municipality may require the installation of a similar sized concrete pad to ensure that the benches have adequate support. 9. The Licensee agrees that, in the event of any damage being caused to the Municipality's property at the time of the installation or removal of any bench, the Licensee shall cause the same to be repaired forthwith at the Licensee's expense. Furthermore, if and when benches are removed, the Licensee shall be fully responsible for the restoration, to the Municipality's standards, of the boulevard in and around the benches, including the removal of any interlocking paving stones or concrete pads, if applicable. 10. The Licensee shall, at all times during the term of this agreement, maintain public liability insurance in the amount of two million dollars ($2,OOD, 000) and shall file with the Municipality a certified copy. Such insurance or certificate of insurance, naming the Municipality as an additional insured, setting out the essential terms and conditions of the insurance, shall be to the satisfaction of the Municipality's Treasurer. The issuance of such a policy of insurance shall not be construed as relieving the Licensee from responsibility for other or larger claims, if any, for which the Licensee may be held responsible. 11. Upon termination of this agreement, the Licensee agrees to remove all benches forthwith and, in the event of failure to do so, the Municipality may remove such benches upon two (2) weeks' prior written notice to the Licensee and the cost of such removal shall be paid by the Licensee. 12. The Municipality covenants and agrees that it shall not permit any third party to place any advertising benches at any other bus stops or approved location in the Municipality during the term of this agreement unless such an advertising bench has been placed there under an agreement which pre-dates the agreement herein, or a separate agreement exists for highways under the jurisdiction of the Regional Municipality of Durham. ~~~~ - 4 - 13. The advertising display material placed upon the benches shall be in accordance with the written regulations and standards set by the Canadian Advertising Council and such material shall be of a moral and reputable standard as determined by the Municipality in its sole discretion. In the event that the Municipality objects to any advertising display material, whether or not the advertising complies with those regulations and standards and is of a moral and reputable standard, the Licensee agrees to remove the same within forty-eight (48) hours. During periods when no advertising is rented on the benches, the Licensee agrees to provide free public service messages related to motorists, such as "ARRIVE ALIVE - DON'T DRINK AND DRIVE", "BUCKLE UP - SEAT BELTS SAVE LIVES", etcetera. The Licensee agrees to provide the Municipality with up to 10& of the total number of benches (minimum of 1) for their exclusive use for free public service messages. 14. No advertising display material shall be moved or altered by the Municipality without the prior written consent of the Licensee, except as provided in Paragraph 13. 15. Except as otherwise provided herein, each party hereto assumes all risk, loss, damage or destruction of its property unless such lose, damage or destruction be caused by the wilful act, omission or neglect of the other party, its servants, agents, employees or contractors. The Licensee covenants and agrees to indemnify and save harmless the Municipality against any and all claims for damages and from all liability, loss and expense arising from or caused by any alleged defamatory advertisement or notice. The Licensee further covenants and agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, and demands whatsoever, which may arise either directly or indirectly as a result of the granting to the Licensee of the rights herein contained. 16. The Municipality hereby agrees that it shall not hinder the visibility of the advertising display material once installed by placing or permitting placement of other signs, benches, waste receptacles, newspaper boxes, etcetera in front of the benches or by any other means, but this clause shall not affect any signs or notices erected by the Municipality in the interest of public safety, in pursuance of any statutory responsibility or in the interest of regulating traffic on a public highway. 1~~8 - 5 - 17. The parties hereto intend that the interest hereby granted to the Licensee shall be a licence, and shall not be construed to constitute a partnership, joint venture, agency or lease. 18. All clauses, terms, provisions and conditions hereof are separate and distinct and are severable one from the other and the invalidity, illegality or enforceability of any such clauses, terms, provisions or conditions shall be deemed not to affect the validity, enforceability.or legality of the remaining clauses, terms, provisions andconditions. 19. Any notice required or permitted to be given under the terms of this agreement 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 sixth day after . mailing) addressed to the party to whom the notice is to be given at the following addresses: BENCH ADS (CANADA) Joseph Shaw 759 Chesterton Avenue Oshawa, ON L1H 3J5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Director of Public Works 40 Temperance Street Bowmanville, ON L1C 3A6 20. This agreement shall be governed and construed in accordance with the laws of the Province of Ontario. 21. This agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, administrators, successors and assigns. 22. No advertising bench shall be located, unless approved by Council, within a heritage resource area which could detract from the heritage nature of the surrounding area. 1129 - 6 - IN WITNESS WHEREOF the parties have hereunto set their hands and seals. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR CLERK WITNESS WITNESS BENCH ADS (CANADA) JOSEPH SHAW 1130 _ ~ _ SCHEDULE "A" PROPOSED LOCATIONS FOR BENCHES NOTE: This Schedule may be amended from time to time without the necessity of an amendment to the agreement. 1. Roads under the jurisdiction of the Municipality of Clarington: Location Date of Installation Bus Stop- Prince Street and liberty Street south/east corner Bus Stop- Simpson Avenue and .King street south/east corner (two benches) Bus Stop- King Street and Roenigk Drive south/west corner 2. Roads under the jurisdiction of The Regional Municipality of Durham: Location Date of Installation Bus Stop- Highway 2 and Prestonvale Road south/east corner, interlock Bus Stop- Highway 2 and Prestonvale Road north/east corner, interlock Bus Stop- Highway 2 and Courtice Road south/east corner, interlock Bus Stop- Highway 2 and Solina Road south/east corner, interlock Bus Stop- Highway 2 and Rundle Road south/east corner Bus Stop- Highway 2 and Holt Road south/east corner Bus Stop- Highway 2 and Holt Road north/west corner Bus Stop- Highway 2 and Maple Grove Road south/west corner Bus Stop- Highway 2 and Maple Grove Road north/west corner 1131 - 8 - SCHEDULE "B" BENCH DESCRIPTION 1. The bench is to be made of solid pebblestone to minimize the possibility of vandalism. 2. The bench is to be made from three-piece mould, consisting of two (2) legs and the seat, and shall weigh approximately 1,200 pounds. 3. The legs are attached to the seat by means of four (4) iron rods running completely through the legs and into the seat (two rods in each leg). These iron rods are to be placed into the pebblestone before it has set in order to maintain the integrity of the design. 4. The seat of the bench is to be 18 inches above ground level. 5. The advertising sign on the back rest will be covered with a 3/4" sheet of plexiglass, surrounded by a weather-resistant aluminum frame counter-sunk into the back rest of the bench. 1132 ~` !> Oshawa D Department of Public Works Services Amund Myklebost, B.A.Sc., P.Eng. Commissioner SO Centre Street South Oshawa, On[ario, Ll H 3Z7 Tel (905) 725-7351 Fax (905) 436-5694 1997 02 04 TO WHOM THIS MAY CONCERN: Rent A Bench (Oshawa) and the City of Oshawa entered into an agreement in February, 1991 whereby Rent A Bench (Oshawa) has been licensed to place park type benches at specified locations on the right of way of urban streets under the jurisdiction of the City. To date, the City has been satisfied with its relationship with Rent-A-Bench. R. S. Duignan Director of Transportation & Parking Services PES/lmb ref: rentaben ATTACHMENT N0. 2 wn-4e-97 1133