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HomeMy WebLinkAboutCOD-004-02 .. .~ CI~-!!Jglon REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JANUARY 21,2002 COD-004-02 File #k~ GPA-03/-o7- By-law # Report #: SUBJECT: TRANSIT RENTAL BENCHES AND BUS SHELTERS WITHIN REGIONAL ROAD ALLOWANCES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-004-02 be received; 2. THAT the attached By-law, marked Schedule "A" authorizing the Mayor and Clerk to execute an agreement with The Regional Municipality of Durham be approved. Attachment #1 Schedule "A" Attachment #2 Sche j'B" Reviewed bO r~- ~ _ Franklin Wu, M.C.I.P.,R.P.P, Chief Administrative Officer Submitted b . ~ '/2/<...~ rle Marano, HBSc., AMCT Director o~~~~P71ervices I MM/LAB/FH/km 1212 . .. REPORT NO.: COD-004-02 PAGE 2 BACKGROUND AND COMMENT In May of 2001, the Regional Municipality of Durham approved an agreement to allow the Municipality to license the installation of transit rental benches and bus shelters by third party companies on Regional Road allowances. The Region has requested that the original agreement be amended to provide for automatic renewals. Consequently a By-law is required to formally approve the amended agreement and execute the contract. It is therefore recommended that the attached By-law be approved. DN:COD-021-01 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-4169 1213 < Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize the execution of an Agreement with the Regional Municipality of Durham to allow the Municipality to license the installation of transit rental benches and bus shelters by third party companies on Regional Road allowances, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 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 the Regional Municipality of Durham and the Corporation of the Municipality of Clarington in the form attached hereto as Schedule "Au. By-law read a first and second time this day of January, 2002. By-law read a third time and finally passed this day of January, 2002. John Mutton, Mayor Patti Barrie, Clerk 1214 ~ This Agreement is made in duplicate as of this 1st day of August 2001. BETWEEN: THE REGIONAl MUNICtPAlITY OF DURHAM (tile "Region") and THE MUNICIPALITY OF CLARINGTON ("Clarington") WHEREAS Clarlngton wishes to enter into an agreement with a third party to license locations for bus shelters and benches to provide seating space and advertising at certain bus stops in the Municipality of Clarlngton including locations on a highway under the jurisdiction of the Region pursuant to their authority as a municipality public transit provider; AND WHEREAS the Region is no ronger entering into agreements with third parties to license the installation of bus shelters and benches to provide shelter, seating space and advertising on higt}ways under the jurisdiction of the Region; AND WHEREAS the Region wishes to ensure that appropriate standards are met and maintained with respect to the location, condition and content of said licensed locations of bus shelters and benches and any advertising located thereon; AND WHEREAS the parties hereto wish to enter into this Agreement to provide for the terms and conditions to govern how Clarington shall approve bus shelter and bench licenses for locations on highways over which the Region has jurisdiction; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Region and Clarington mutually covenant and agree as follows: 1. The term of this agreement (the 'Term") shall begin on August 1 st, 2001 and end on July 31, 2002. This Agreement shall automatically renew for successive one.year terms ("Renewal Terms") upon the same terms and conditions as set out herein, except as otherwise specifically varied by each party's written consent. 2. Clarington may enter into agreements with third parties (the "Licensees") to install and maintain bus shelters and benches at locations in the Municipality of Clarington on highways over which the Region has jurisdiction (hereafter "Regional Roads") and to collect revenues from the same on the following terms and conditions: (a) Clarington shall require as a condition of its contract with the Licensees that the Region is named as a co-insured on the Licensees public liability insurance policy with a minimum coverage of $2,000,000.00 per occurrence. Proof of said coverage shall be provided to the Region annually. Clarington shall ensure that its contract with the Licensees 1215 2 , stipulates that the maintenance of such a policy of public liability insurance naming the Region as co-insured shall not be construed as relieving the Licensee from liability or responsibility for other or larger claims, if any, for which the Licensee may be held liable or responsible. (b) Clarington shall require as a condition of its contract with the Licensees that the Licensee shall indemnify and save harmless the Region from any and all costs. claims, demands, suits, actions and judgments made, brought or recovered against the Region resulting from any negligent act or omission by the Licensee in connection with ,the services rendered pursuant to thai agreement. Furthermore. Clarington shall require that the licensee indemnify and save hannless the Region from any and alt claims and damages due to or arising from any accident or injury which may be sustained by any person in connection with the provision of services pursuant to that agreement. (c) Clarington shall ensure that all proposed bus shelter and bench locations located on Regional Roads in Clarington shall be submitted to the Works Department of the Region for approval prior to installation; (d) Clarington shall ensure that the Licensees for any bus shelter or bench on Regional Roads obtain a road occupancy permit from the Region prior to constructing on said site; (e) The Region retains the right to limit or restrict the Installation of any bus shelter or bench on any Regional Road. The specific locations of each bus shelter and bench, or the continuance of any such location, may be approved or denied as the Region, in its sole and absolute discretion deems advisable. More specifically, and without limiting the generality of the foregoing, the Region may take into consideration such factors as public safety, traffic patterns, utility locations, pedestrian convenience and visibility and effect of advertising messages; (f) The Region Is entitled to restrict and reject any type of advertising and any advertisements which it deems inappropriate, as determined by the Region in its sole and absolute discretion. Clarington shall ensure that all advertisements on or in bus shelters and benches on Regional Roads in Claringtan comply with the written regulations and standards set out by the Canadian Advertising Council and shall be of a moral and reputable standard. If the Region objects to any advertising, whether or not the advertising complies with those standards and is of a moral and reputable standard, Clarington shall have it removed within 48 hours of receipt of notice by the Region; (g) Clarington shall keep an inventory listing of all bus shelters and bench locations on Regional Roads and shall forward a copy of the same to the Region whenever a change to said list is made; 1216 -~ .. 3 , (h) At the termination of this agreement, if it is not renewed, Clarington shall ensure that all bus shelters and benches located on Regional Roads are removed at no expense to the Region; (I) Whenever a bus shelter or bench is removed from a location on Regional Road, Clarington shall restore, at its own expense and to the standards and satisfaction of the Region, the portion of the boulevard adjacent to the site of the bus shelter or bench. If Clarington fails to complete such removal and restoration work in whole or in part, the Region may. without notice to Clarlngton, remove any remaining benches and effect any restoration, and the Region's cost thereof shall be paid by Clarington forthwith upon demand. (j) Clarington shall ensure that the bus shelters and benches are maintained in good condition and shall remove any defective or damaged shelters or benches forthwith upon the request of the Region; (k) The Region retains the right to review and comment on the size, shape, structure or any other physical attribute of the bus shelter or bench and to require changes to the same as are deemed necessary in the sole and absolute discretion of the Region. 3. In the event of any damage being caused to the property of the Region or of a third party at the time of installation, placement, maintenance or removal of any bench, Clarington shall repair such damage forthwith at its sole expense. 4. Clarington shall indemnify and save harmless the Region against. (a) any and all claims for damages and from all liability , loss and expenses arising from or caused by any alleged defamatory advertising or any alleged copyright matter in any advertising; and (b) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either direcUy or indirectly as a result of the granting to Clarington of the rights herein contained, and resulting from the placement of any bus shelter and or bench on a highway over which the region has jurisdiction. 5. Either party may terminate this agreement at any time upon 90 days written notice to that effect being given to the other party. 6. Any notice required or permitted to be given hereunder 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 fourth day after mail) addressed as follows: 121 7 '\ 4 , (a) in the case of Clarlnglon, to The Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1C3A6 (b) in the case oflhe Region, to The Regional Municipality of Durham, 605 Rossland Rd. E., P.O. Box 623, Whitby, ON, L 1N 6A3 Attention: Regional Clerk 7. This agreement shall be governed by and Interpreted in accordance with the laws of the Province of Ontario, 8. This agreement shall enure to the benefit of and be binding upon the parties hereto, and their successors and assigns. IN WITNESS WHEREOF the parties have affixed their Corporate Seals, duty attested by their respect authorized officers, THE MUNICIPALITY OF CLARINGTON John Mutton, Mavn' Patti L Barrie, Clerk THE REGIONAL MUNIC TY OF DURHAM O.A. BENTlEY, QEPUTY ClER 1218 ~ " , December 12, 2001 The Regional Municipality of Durham Clerk's Department 605 ROSSLAND ROAD E. P.O. BOX 623 WHITBY, ONL1N 6A3 (905) 668-7111 Fa": (905) 668-9963 Municipality of Clarington WVfN.clerks@re9ion.durham.bn.ca 40 Temperance Street Pat M. Madill, A.M.C.T..CMM I Bowmanville,' Ontario Re9ional Clerk L 1 C 3A6 Ms. P.L. Barrie Clerk Licensing the Installation of. Transit Rental Benches and Bus Shelters within Reoional Road AllOwances - Our File: L04 . Ms. Barrie, at their meeting held on May' 2, 2001, the Council of the . Regional Municipality of Durham approved the execution of an agreement with the City of OShawa, the City of Pickering, the Town. of Ajax, the Town of Whitby and the Municipality of Cia ring ton to'. allow the local municipalities to license the installation of transit . rental benches and bus shelters by third party companies on Regional Road allowances. Documents which were signed by the . Regional Chcilir and the Regional Clerk were distributed to the . municipalities involved ill the licensing project. However, Mr. Greg Borchuk, Works Department, Region of Durham, has advised this office that, with the consent of the mur:Jicipalities.. '^o'_," involved, t~e following sentence has been addedtg~!aiiser.~ .' '.~ii. '}:.',~,' agreement. !.-e.'L.LXL:2._ . "This Agreement shall automatically renew for sL ACI\. B~ye "n'e:yeat--. terms ('Renewal Terms') upon the same terms ',' . S:.as:set:-::.. out herein, except as otherwise specifically vari dr~, ' ~ , .. ._...;...~." written consent". . '_. . . ~1 . ..~"...... ---"'_';../,,0 .... . .':;":;-'~ .::.L.__~i " . ,~. '~ "- .~.,,','_.."--, '-""'4~...~' . "SERVICEEXCELLENCE for ~ur COMMuNITY" - . "~'", ~'''''~' "- """~"'---' " "-;.,............ .,....~._"'-.._-_.. 1219 ........... .. ;.~: "', _-~ .;~, '{', ,0-' ; .. ; ._.. '. I . , December 12, 2001 Page 2 The documents have been re-produced to include the above-noted addition to clause 1 and duly signed by the Regional Chair and Regional Clerk. Please ensure that the initial agreement which was fOlWarded to your municipality mid-August, 2001 is returned to the office of the Regional Clerk. In addition, fOlWard one copy of the attached agreement to this office for retention by the Regional Clerk. ~~ Jr ,P.M. Madill, A.M.C.T., CMM I OIL . Regional Clerk . _ . PMMlcmb enc.' . cc: Mr. G. Borchuk. Traffic Engineering Supervisor, Works Department . . 1220 ,i.. The Regional Municipality of Dur:ham Clerk's Department 605 Rossland Rd. East P.O. Box 62a Whitby, Ontario Canada L 1 N 6Aa (905) 668-77 t 1 Fax: (905) 668-996a P.M. Madill, A.M.C.T. Regional Clerk I-':::W, May 2, 2001 'OlMAY04 PI] 2:11:02 Mr, B. Suter The Corporation of the City of Oshawa 50 Centre Street Sciuth OShawa, Ontario l1H 327 An Agreement between the Regional Municipality of Durham and the. municipalities of Oshawa, Whitby, Ajax, Clarington and Pickering, for . licensing the installation of Transit Rental Benches and Bus Shelters within Reaional Road Allowance t2001-W-54) _ Our File: L04-00 Mr. Suter, the Works Committee of Regional Council considered the above matter and at a meeting held on May 2, 2001, Council adopted the following recommendations of the Committee: . "a) THAT the Regional Chair and Clerk be authorized to execute agreements with the City of Oshawa; the City of Pickering; the Town of . Ajax; the Town of Whitby and the Municipality of Clarington to allow the local municipalities to license the installation of transit rental benches and bus shelters by third party companies on Regional road . allowances; and b ) THAT a copy of Report #2001-W-54 of the Commissioner of Works be forwarded to the City of Oshawa, the City of Pickering, the Town of Ajax, the Town of Whitby and the Municipality of Clarington." Enclosed as directed, is a copy of Report #2001-W-54 of Mr, J.R. McCorkell, Commissioner of Works. cc: l~~.~i:;i; I wl~_I~ D, 'j"",' .--..-.- I \ 1;.llJ..'t~_~...._-- .-...... ~. \ I I GAttlUVI):i!'C'- '-i \ . .. . _____1 , \dmGlttAt--,n.-'-'-- -- '.. i \~no: -.-~-': ...- \ r~' .. -'I Mr. B. Taylor, Clerk, City of Pickering I ..',' ..... i Mr. M. de Rond, Clerk, Town of Ajax i.' - .. .... -'j I Mr. D, McKay, Clerk, Town of Whitby I ~-,- -,-.. ..~.:i \ Ms. P. Barrie, Clerk, Municipality of Cla~._ ..-..---- .,' I Mr. JR. McCorkell, Commissioner of We ~....=- - "'--'1 . . .. 11 "'"ib"'l, "=='uQ 'OJ . @ I "~:f1:UE"_",<.:.S;;J9.",:,.k--',~,~,, . 1 2 2 1 '10Qltb Post Consumer t....:."~...-...~........~.".---_..__.-...- P,M. Madill, A.M,C.T. Regional Clerk PMM/cs Encl. , Regional Municipality of Durham To: The Works Committee From: Commissioner of Works Report: 2001-W- 54 Date: April 18, 2001 SUBJECT An agreement between the Regional Municipality of Durham and the Municipalities of Oshawa, Whitby, Ajax, Clarington and Pickering, for licensing the installation of transit rental benches and bus shelters within Regional road allowance RECOMMENDATION a) THAT the Regional Chair and Clerk be authorized to execute agreements with the City of Oshawa; the City of Pickering; the Town of Ajax; the Town of Whitby and the Municipality of Clarington to allow the local municipalities to license the installation of transit rental benches and bus shelters by third party companies on Regional road allowances. b ) THAT a copy of this report be forwarded to the City of OShawa, the Town of Whitby, the Town of Ajax, the City of Pickering and the Municipality of Clarington. Attachment No.1: Copy of Standard Agreement REPORT Over the past eleven years, the Region has entered into third party licensing agreements with advertising companies, for the installation of transit rental benches at various locations within the Regional road allowances. Concurrently, the City of OShawa, the City of Pickering and the Municipality of Clarington entered into similar agreements with the same companies on their local road systems. Nominal fees were paid to both road authorities to cover administration costs. In 1999, the Municipality of Clarington and the City of Pickering tendered for additional shelters and rental benches, awarding agreements to different companies than those, which had advertising licences for the Regional road allowances. To eliminate the confusion with overlapping agreements, the Region's licenses were terminated on the basis that the local municipality would administer all third party agreements. This ensured that only a single company was licensed to install transit rental benches and bus shelters within a municipality, regardless of the road jurisdiction, 1222 36 Report No. 2001-W- 54 Page No. 2 To ensure appropriate maintenance standards, identify cost responsibility, and co-insure the Region for general liability insurance, agreements between the Region and the municipalities operating or serviced by transit are required. The agreements will continue to require Regional municipal consent approval for transit rental benches and bus shelters located on the Regional road allowance. The municipalities will negotiate and collect revenues from the licenced company. . McCorkell, P. Eng. missioner of Works Recommended for Presentation to Committee ~4 G. H. C , M.SW. Chief ,6;dministrative Officer - T02 Revised: Tues.Apr3/ 9:00 am 1223 ::l7 Attachment No. 1 Report No, 2001-W.54 , This Agreement is made in duplicate as of this day of February 2001, BEiWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the 'Region") and , The Municipality' ('Municipality') WHEREAS The Municipality wishes to enter into an agreement w~h a third party to license locations tor bus shelters and benches to provide seating space and advertising at certain bus stops in the Municipality including locations on a highway under the jurisdiction of the Region pursuant to their authority as a municipality public transit provider, AND WHEREAS the Region is no longer entering into agreements with third parties to license the installation of bus shellers and benches to provide sheller, seating space and advertising on highways under the jurisdiction of the Region; AND WHEREAS the Region 'wishes to ensure that appropriate standards are met and maintained with respect to the location, condition and content of said licensed locations of bus shellers and benches and any advertising located thereon; AND WHEREAS the parties hereto wish to enter into this Agreement to provide for the tenns and conditions to govern how The Municipality shall approve bus sheUer and bench licenses for locations on highways over which the Region has jurisdiction; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Region and The Municipality mutually covenant and agree as follows: 1. The tenn of this agreement (the 'Tenn") shall begin on". 2001 and end on". 2002. 2. The Municipality may enter into agreements with third parties (the 'Licensees') to install and maintain bus shetters and benches at locations in the City of The Municipality on highways over which the Region has jurisdiction (hereafter "Regionai Roads') and to collect revenues from the same on the following terms and conditions: (a) The Municipality shall require as a condition of its contract wilh the Licensees that the Region is named as a co-insured on the Licensees public liability 1224 38 ~ 2 insurance policy with a minimum coverage of $2,000,000.00 per occurrence, Proof of said coverage shall be provided to the Region annually. The Municipality shall ensure that tts contract with the Licensees stipuiates that the maintenance of such a policy of public liability insurance naming the Region as co-insured shall not be construed as relieving the Licensee from liability or responsibility for other or larger claims. If any, for which the Licensee may be held liable or responsible, (b) The Municipality shall require as a condition of its contract with the Licensees that the Licensee shall indemnify and save harmless the Region from any and all costs, claims, demands, sutts, actions and judgments made, brought or recovered against the Region resulting from any negligent act or omission by the Licensee in connection with the services rendered pursuant to that agreement. Furthermore, The Municipality shall require that the licensee indemnify and save harmless the Region from any and all claims and damages due to or arising from any accident or injury which may be sustained by any person in connection with the provision of services pursuant to that agreement. (c) The Municipaiity shall ensure that all proposed bus sheller and bench locations / ./ iocated on Regional Roads in The Municipality shall be submitted to the Works Department of the Region for approval prior to installation; (d) The Municipality shall ensure that the Licensees for any bus shelter or bench on Regional Roads obtain a road occupancy permit from the Region prior to constructing on said site; (e) The Region retains the right to limit or restrict the installation of any bus sheiter or bench on any Regional Road. The specific locations of each bus shelter and bench, or the continuance of any such location, may be approved or denied as the Region, in its sole and absolute discretion deems advisable. More specifically, and withoutllmtting the generality of the foregoing, the Region may take into consideration such factors as public safety, traffic pattems, utility locations, pedestrian convenience and visibility and effect of advertising messages; (I) The Region is entitled to restrict any reject and type of advertising and any advertisements which it deems inappropriate. as detennined by the Region in its sole and absolute discretion. The Municipality Shall ensure that all 1225 39 , 3 advertisements on or in bus shelters and benches on Regional Roads in The Municipaiity comply with the written regulations and standards set out by the Canadian Advertising Council and shall be of a moral and reputable standard. If the Region objects to any advertising, whether or not the advertising complies with those standards and is of a moral and reputable standard, The Municipamy shall have it removed within 48 hours of receipt of notice by the Region; (g) The Municipality shall keep an inventory listing of all bus shelters and bench locations on Regional Roads and Shall forward a copy of the same to the Region whenever a change to said list is made; (h) At the tennination of this agreement, if it is not renewed, The Municipality shall ensure that all bus shelters and benches located on Regional Roads are removed at no expense to the Region; (i) Whenever a bus sheller or bench is removed from a location on Regional Road. The Municipality shall restore , at its own expense and to the standards and satisfaction of the Region, the portion of the bouievard adjacent to the site of the bus shelter or bench. If The Municipality fails to complete such removal and restoration work in whole or in part, the Region may, without notice to The Municipality, remove and remaining benches and effect any restoration, and the Region's cost thereof shall be paid by The Municipality forthwith upon demand. Q) The Municipality shall ensure that the bus shelters and benches are maintained in good condition and shall remove any defective or damaged shellers or benches forthwith upon the request of the Region; (k) ------- The Region retains the right to review and comment on the size, shape, structure or any other physical attribute of the bus shelter or bench and to require changes to the same as are deemed necessary in the sole and absolute discretion of the Region. 3. In the event of any damage being caused to the properly of the Region or of a third party at the time of installation, placement, maintenance or removal of any bench, The Municipaiity shall repair such damage forthwith at its sole expense. ...--....... / 4, The Municipality shall indemnify and save hannless the Region against, 1226 40 , " ~ 4 (a) any and all claims for damages and from all liability, loss and expenses arising from or caused by any alleged defamatory advertising or any alleged copyright matter in any advertising; and (b) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the granting to The Municipality of the rights herein contained, and resulling from the placement of any bus shelter and or bench on a highway over which the region has jurisdiction. 5. Either party may tennlnate this agreement at any time upon 90 days written notice to that effect being given to the other party. 6, Any notice required or pennilted to be given hereunder 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 fourth day after mail) addressed as follows: (a) in the case of The Municipality, to The Municipality, (b) in the case of the Region, to The Regional Municipality of Durham, 605 Rossland Rd. E., P,O, Box 623, Whitby. ON, l1N 6A3 Attention: Regional Cieri< 7, This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 8. This agreement shall enure to the benefit of and be binding upon the parties hereto, and their successors and assigns. IN WITNESS WHEREOF the parties have affixed their Corporate Seals, duly attested by their respect authorized officers. THE MUNICIPALITY THE REGIONAL MUNICIPALITY OF DURHAM 1227 41 . '- -'-. 1228 5 ~ Roger Anderson, Regional Chair 42 Pal Madill, Regional Clerk //