HomeMy WebLinkAboutCOD-004-01
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REPORT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Gt;9-if<f.7-=o /
Date: SEPTEMBER 4, 2001
Report #: COD-004-01
File #;::/l~--
/'){,
By-law #0'---- 1"''7
Subject:
TENDER AWARDS SUMMER COUNCIL BREAK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-004-01 be received;
2, THAT the attached By-laws, marked Schedules "A" and "B" authorizing the
Mayor and Clerk to enter into the necessary agreements be approved.
Attachment #1 Schedule "A"
Attachment #2 Schedule "B"
Attachment #3 Schedule "C"
SUbm~.t d ~ ~~ I Reviewed bYO~~
ane Marano, HBSc., AMCT Franklin Wu, M.C.I.P.,R.P.P.
Director of Corporate Chief Administrative Officer
Services
MM/LAB/eo
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0608
918
...
REPORT NO.: COD-004.01
PAGE 2
BACKGROUND AND COMMENT
In accordance with Resolution #GPA-355-01 , the Administrator and the Director of
Corporate Services and/or the Director of Finance awarded the following
Tenders/Contracts during the July/August Council Break:
1. Co-operative Tender 02001-12, Hot Mix Paving and Granular Shouldering
2. Co-operative Tender T282-2001, Supply and Delivery of Winter Sand
3. Purchase of Digital Orthophotography
4. Tender CL2001-33 Driveway Paving
5. Tender CL2001-30 Bowmanville Memorial Park Spray Pad
A summary outlining the bids and awards is attached marked Schedule "C".
DN:COD-004-01
919
..
SCHEDULE "c"
DN:fwd01-12a
1. D2001-12, CO-OP TENDER,
HOT MIX PAVING AND GRANULAR SHOULDERING
The Public Works Department participated in a co-operative tendering arrangement
with the Region of Durham for Hot Mix Paving and Granular Shouldering.
Although the contract conditions include both the Region of Durham's requirements
and the Municipality of Clarington's requirements, they are not independent of each
other but rather are considered as one complete contract. However, the contract
award is subject to the approval of the Region of Durham, and the Municipality of
Clarington. In this instance, the Municipality of Clarington actually issues the
purchase order to the Region, not the contractor. The Region is recommending
that Contract No. 02001-12 be awarded to Miller Paving Limited, Whitby, Ontario.
Part of Contract No. 02001-12 includes work to be done on behalf of the
Municipality of Clarington. The estimated cost of this work is $1,202,969.86
(Includes Net GST and Engineering).
A cost apportionment for the project cost is attached marked Schedule "A".
The subject firm has previously performed satisfactorily for the Municipality of
Clarington.
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BUDG<!r FOR HOT MIX ASPHALT CONTRACT:
7205-99001-0261
7205-01009-0261
7205-00002-0261
7205-01007-0261
7205-01008-0261
7205-01003-0261
7208-00401-0261
RE: Report TR-46-01
2900-00017-0000
2900-00017-0000
2900-00017-0000
2900-00017-0000
2900-00017-0000
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30,000.00 Martin Rd
21,000.00 Silver St.
75,000.00 Nash Rd
45,000.00 Old Kingston Rd.
400,000.00 HobbslAshdale
550,000.00 Hot MixNarious
110,500.00 Hot Mix
Schedule "A"
27,436.11 Pavement Rehab/various
2,372.39 Temperance Street
9,731.49 Division Street
49,561.58 Church Street
10,000.00 Unspecified Construction
1,330,601.57
(107,000.00) To be used for High Float contract
1,223,601.57 Balance
922
-....,
'.
"
2. T282.2001, CO-OP TENDER,
SUPPLY & DELIVERY OF WINTER SAND
The Municipality of Clarington participated in a Co-operative tender with bids being
received and tabulated as follows:
C.D.R.Young
Aggregates
Pont 001, ON
TRT Aggregates Ltd.
Concord, ON
Dufferin Aggregates
Concord, ON
Brock Aggregates Inc.
Concord, ON
$6.60
$7.15
$6.60
$7.50
$11.50
$11.50
The Public Works Department requires approximately 10,000 tonnes of winter sand
delivered to each of Orono and Hampton Yards.
After review and analysis of the bids by Purchasing and Public Works staff, it was
mutually agreed that the low bidder, C.D.R. Young Aggregates, Concord, Ontario,
be recommended for the contract to supply and deliver winter sand to the
Municipality of Clarington. The required funds will be drawn from Public Works
Road Maintenance Accounts.
The unit prices represent an approximate 16% increase over those tenders for
2000.
The subject firm have previously performed satisfactorily for the Municipality of
Clarington.
923
3. PURCHASE OF DIGITAL ORTHOPHOTOGRAPHY
A contract was awarded to First Base Solutions, Markham, Ontario, quoted jointly
with the Region of Durham, with a total bid price of $56,580.00 (taxes included).
Funds for this project were provided for in the 2000 Planning Department Capital
Budget. In November of last year a Request for Proposal was issued by the
Municipality of Clarington with only one bid being received by First Base Solutions.
As the total price at that time substantially exceeded the funds available, the
proposal was cancelled with the funds being carried over to the 2001 budget year,
account#2900-17-X
924
"
4, CL2001-33, DRIVEWAY PAVING
Tenders were advertised and invited, with bids being received and tabulated as
follows,
Harnden & King Construction Inc.
A'ax, ON
Tri-Son Contracting Inc.
Port PerrY, ON
$11,64
$21.50
'GST Extra
The Public Works Department requires approximately 2,500 square metres of
driveway paving,
After review and analysis of the bids by Purchasing and Operations staff, it was
mutually agreed that the low bidder, Hamden and King Construction Inc" Ajax,
Ontario, be recommended for the contract to supply driveway paving to the
Municipality of Clarington, The required funds will be drawn from Operations Road
Maintenance Accounts,
Subsequent to the award the low bidder advised there was some confusion with
respect to the required work,
Upon review of the prices submitted the Purchasing Manager contacted the low
bidder to confirm that he had not made an error. In addition she requested the
operations foreman speak to them to ensure the work was as required, Based on
this information, the contract was awarded to Harnden & King Construction Inc,
Harnden & King Construction then advised that in fact they did misunderstand the
specifications in that they did not realize grading was to be included as this was not
stated in the tender document.
The Operations Department has been requested to review the tender
specifications to ensure the necessary corrections are made for next year.
This original contract was subsequently cancelled and awarded to the 2nd bidder,
Tri-Son Contracting,
925
5. CL2001-30, BOWMANVILLE MEMORIAL PARK SPRAY PAD
Tenders were advertised and invited, with bids being received and tabulated as
follows:
Ron Robinson Ltd.
Bowmanville, ON
Snyder Construction
Ashburn, ON
$41,903.19
$46,697.90
*Above Prices Include GST
As reflected on page 185 of the 2001 Capital Budget, the total funds required in
the amount of $45,403.19 ($41,903.19 tender and $3,000.00 consultant +
$500.00 survey) exceed the budget allocation of $30,000.00.
Also provided for in the 2001 Capital Budget, page 183 was $50,000.00 for
improvements to various park lighting central panels. This work has now been
tendered for and will be completed for an approximate total of $35,000.00. It is
therefore recommended that the remaining funds from this account be
reallocated to the Bowmanville Memorial Park Spray Pad.
After review and analysis of the bids by Purchasing, Public Works staff and the
consultant Cosburn Giberson Consultants Inc., it was mutually agreed that the
low bidder, Ron Robinson Inc., Bowmanville, Ontario be recommended for the
contract for the Bowmanville Memorial Park Spray Pad.
The subject firm have previously performed satisfactorily for the Municipality of
Clarington.
926
..
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2001-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and First Base Solutions, Markham,
Ontario, for Digital Orthophotography
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 with the Corporation Seal, a contract
between First Base Solutions, Markham, Ontario, and said Corporation; and
2. THAT this agreement attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 11th day of September, 2001.
By-law read a third time and finally passed this 11th day of September, 2001.
John Mutton, Mayor
Patti Barrie, Clerk
927
SINGLE SUBSCRIBER LICENSE AGREEMENT
THIS AGREEMENT is made as of the
day of ,2001
BETWEEN:
FIRST BASE SOLUTIONS.
(A Division of J.D.Bames Limited)
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensor")
OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensee")
OF THE SECOND PART
IN CONSIDERATION of the mutual covenants set forth herein and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties covenant and agree as follows:
1. LICENSE
1.1 Grant of License. Subject to the terms and conditions of this Agreement.
the Licensor grants to the Licensee a non-exclusive, non-transferable license for
the term of this Agreement to use and authorize use by its internal end users on
an unlimited number of stand-alone or networked computers of the data identified
in Schedule "A" hereto (the "Information"). The rights granted by this Agreement
are limited to:
(a) displaying and distributing machine-readable copies of the
Information by means of computer equipment which allows end
users within. the Licensee's organization to display and retrieve
portions of the Information; and
CONFIDENTIAL
First Base Solutions Single Subscriber License Agreement
@ First Base Solutions (a Division of J. D. Barnes Limited)
SSL _ Agreement_ Clarington _ 03_10 I
928
2
(b) reproducing the Information in visually perceptible or machine-
readable copies in connection with such display and distribution.
Except as expressly permitted by this Agreement, the Licensee shall not resell,
lease, loan, sublicense, distribute or retransmit any Information to any other
person, or use the Information to create any derived product for any of these
prohibited purposes, by any means whatsoever without the prior written consent
of the Licensor.
1.2 Use by Third Parties. The Licensor also agrees that the Licensee may
provide access to the Information to third parties as follows:
(a) The Licensee shall have the right to distribute the Information to it's
respective contracted service suppliers, provided that the Licensee
takes such steps as are reasonably necessary to ensure that such
contracted service suppliers use the Information only for the
purpose of providing the contracted service and upon completion of
the contracted service dispose of the Information either by
destroying it or retuming it to the Licensee. The Licensee shall be
responsible for ensuring that a contracted service supplier uses and
disposes of the Information in. accordance with the terms of this
Agreement;
(b) The Licensee may display the Information for public viewing,
provided that the Information is displayed for non-commercial
purposes related to the business of the Licensee and in such a
manner that unlicensed third parties may not copy or otherwise
acquire the Information in an electronic format or obtain access to
the vector graphics underlying the Information;
(c) The Licensee may display the Information via a Licensee's own
Intemet service provided that such service displays the Information
in accordance with Schedule "8";
(d) The Licensee may not:
(i) distribute the Information in any form of service for which
end users are required to pay periodic or usage-based fees
for access to the Information; or
(ii) distribute the Information via any Internet services or through
a third party service.
CONFIDENTIAL
First Base Solutions Single Subscriber License Agreement
@ First Base Solutions (a Division of J. D. Bames Limited)
929 SSL_Agreement_Clarington_OJ_IOI
3
1.3 Errors. The Licensee shall promptly advise the Licensor of any errors in
the Information of which it becomes aware.
1.4 Disclaimer and Copyright Notice.
Any distribution by the Licensee of the Information to contracted service suppliers
or any display by the Licensee of the Information for public viewing must
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protection of the Licensor and the Licensee.
2. DELIVERY OF INFORMATION AND SERVICES
2.1 Delivery. The Licensor shall deliver the Information and updates to the
Licensee as set out in Schedule "A" and in accordance with the delivery schedule
set out in Schedule "0".
3. LICENSEE OBLIGATIONS
3.1 Receive and Manage Information. The Licensee is responsible for
receiving, storing, managing and distributing the Information. In addition, the
Licensee should be responsible for supplying all computer equipment, software
and communications facilities required to receive the Information in the format
described in Schedule "An.
3.2 Unauthorized Use. The Licensee shall promptly notify the Licensor if it
becomes aware of any unauthorized use of the Information and shall assist the
Licensor in taking such steps and proceedings as the Licensor considers
necessary or desirable to prevent further unauthorized use.
4. CHARGES
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granted under this Agreement as set out in Schedule "0".
4.2 Late Payment. If the Licensee fails to pay any license fees or other
amounts due hereunder when due and payable, in addition to all other rights and
remedies available to the Licensor, the Licensor shall have the right to charge as
a late payment charge, interest on all outstanding amounts at the prime rate per
annum, calculated and payable monthly in arrears, charged by the Licensor's
bankers for the time being until all outstanding amounts are paid in full.
4.3 Taxes. Annual license fees and all other charges provided for herein are
exclusive of any federal sales, provincial sales, use or value added taxes or other
governmental fees or levies payable and the Licensee shall be responsible for all
such taxes, fees or levies which are applicable to the license fees or other
charges hereunder.
CONFIDENTIAL
First Base Solutions Single Subscriber License Agreement
@ First Base Solutions (a Division of J. D. Barnes Limited)
93 0 SSL_Agreement_C1arington_03_IOI
4
5. TERM AND TERMINATII!J)N
5.1 Term. The term of this Agreement shall commence on the date of
delivery of the Infoonation, and shall remain OPEN.
The Licensee shall have the right of continued use of the Information,
subject to the terms and conditions of this Agreement.
5.2 Termination for Breach of Agreement. In the event of a breach or
violation by the Licensee of any condition or teon of this Agreement, the Licensor
shall, subject to the terms of this Section 5, have the right to invoke all or any of
the following remedies (the "Remedies"):
(a) cancel and revoke the license granted to the Licensee hereunder
and require the Licensee to retum all copies of the Information then
in its possession or control;
(b) suspend the Licensor's delivery of updates of the Information to the
Licensee.
The foregoing provisions of this Section 5.2 do not constitute a limitation of any of
the Licensor's other rights or remedies available at law or in equity as a result of
any breach or violation of any condition or teon of this Agreement.
5.3 Notice of Licensee's Breach. In the event of a breach or violation by the
Licensee of any condition or teon of this Agreement, except as noted below, the
Licensor shall be required to provide written notice of such breach or violation to
the Licensee and shall not be peonitted to invoke all or any of the Remedies
unless the Licensee has failed to remedy such breach or violation within thirty
(30) days following receipt of such notice. Notwithstanding the foregoing, the
Licensor shall have the right to invoke all or any of the Remedies immediately in
the event of a breach of any of the Licensee's obligations under the following
provisions of this Agreement:
(a) Section 1.1 (resell, lease, loan, sublicense);
(b) Section 4 (Charges); or
(c) Section 6 (Confidentiality).
5.4 Obligation on Termination. Upon early teonination of this Agreement
pursuant to the provisions of Section 5.2 above, the Licensee shall
discontinue use of the Information, remove all copies of the Information
from any computer equipment then in its possession or control and pay all
outstanding amounts owing at the date of termination, whether invoiced or
not, including all late payment charges.
CONFIDENTIAL
First Base Solutions Single Subscriber License Agreement
@FirstBaseSolutionsfa Division ofJ. D. Barnes Limited)
931
SSL_^grecmcnt~ Cl:l.nnglon_OJ _1 01
5
5.5 Modifications to Type of License. This License may be modified upon
the mutual agreement of both parties in accordance with Schedule "C".
6. CONFIDENTIALITY
6.1 Licensee Obligations. The Licensee shall hold in confidence and shall
not, without the prior written consent of the Licensor, use or disclose to any
person or entity, except in accordance with the terms of this Agreement, all
documents, data and information, whether in electronic or printed form, relating
to the Licensor's business, including without limitation the Information and the
terms of this Agreement. The Licensee shall use reasonable care, consistent
with the measures taken to safeguard its own confidential and proprietary
information, to ensure that its officers, employees, agents and representatives
are required to keep all such information confidential.
6.2 Intellectual Property. The Licensee acknowledges that: (a) the Licensor
shall retain all right, title and interest in the Information and all related written
materials; (b) the Information is protected by copyright and/or is a trade secret of
the Licensor; and (c) the Licensor's logos, product names, documentation and
other support material are either copyrighted or trade marked, and constitute
valuable intellectual property of the Licensor. The Licensee agrees not to
remove any product identification or notice of proprietary restrictions from the
Licensor's products and acknowledges that it does not, by virtue of receiving the
Information, acquire any proprietary rights therein, other than the limited rights
granted herein.
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right to distribute the Information in accordance with this Agreement and that it
has the authority to enter into this Agreement and to grant to the Licensee the
rights granted herein.
7.2 Exclusions. THE INFORMATION AND ASSOCIATED WRITTEN
MATERIALS IN CONNECTION THEREWITH ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES STATUTORY
OR OTHERWISE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE INFORMATION IS WITH THE LICENSEE. THE
LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATION THAT THE INFORMATION WILL MEET THE LICENSEE'S
REQUIREMENTS OR THAT THE OPERATION OF THE INFORMATION WILL
BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN ADVICE
GIVEN BY THE LICENSOR, OR ITS DEALERS, DISTRIBUTORS, AGENTS,
CONFIDENTIAL
First Base Solutions Single Subscriber License Agreement
@ First Base Solutions (a Division of J. D. Barnes Limited)
932
SSL _Agreement_ C1arington _03_' 0 I
6
OFFICERS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY
INCREASES THE LICENSOR'S LIABILITY AND THE LICENSEE MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE.
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timely manner.
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or any other person for any indirect, consequential or incidental damages
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limitation, the loss of revenues, income, profits, software or data, even if the
Licensor has been advised of the possibility or likelihood of such loss. This
limitation shall apply regardless of whether any action is brought in contract or in
tort, including any claim of negligence or fundamental breach and shall survive
the expiry, termination, avoidance or repudiation of this Agreement.
8.3 Lost Software or Data. The Licensee assumes sole responsibility for the
security and integrity of its software and data and shall be responsible for
restoring any of the Licensee's software or data files which are lost or destroyed
due to any cause including, without limitation, use of the Information. The
Licensor's sole responsibility shall be to provide the Licensee with copies of the
Information and updates thereto in accordance with this Agreement.
9. LICENSEE INDEMNITY
The Licensee hereby agrees to indemnify and hold the licensor and its directors,
officers, employees, successors and assigns harmless from and against any and
all losses, costs, claims, damages or expenses arising out of the Licensee's use,
modification or alteration of the Information and related materials, including any
action alleging that modifications made by the Licensee infringe the rights of a
third party respecting copyright, trade secret or patent, except where such
losses, costs, claims, damages or expenses arising from use modifications or
alterations are attributable to the Licensor's errors, omissions or negligence.
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10. FORCE MAJEURE
Notwithstanding anything in this agreement, neither party shall be liable for any
failure or delay in performing its obligations under this Agreement, due to causes
outside its reasonable control, provided that a party claiming the benefit of this
section shall use its best efforts to eliminate the cause or causes beyond its
control including, without limitation, obtaining materials from other sources or
using services of other suppliers. Events of force majeure shall include, without
limitation, failure or malfunction of computer equipment or software, interruption
in telecommunication services, accidents, acts of God, strikes or other labour
disputes. Nothing in this section shall prevent a party from terminating this
Agreement pursuant to section 5 hereof.
11. SURVIVAL
The license terms in Section 1 dealing with Grant of License, Use by Third
Parties and Disclaimer and Copyright Notice, the payment obligations in Section
4, the Confidentiality provisions in Section 6, the Limitations of Liability in Section
8 and the Licensee Indemnity in Section 9 shall survive the termination of this
Agreement for any reason whatsoever.
12. GENERAL
12.1 Entire Agreement. This Agreement, including any amendments and
supplements hereto, constitutes the entire agreement between the parties with
respect to the subject-matter hereof. This Agreement supercedes all prior or
contemporaneous agreements, negotiations, representations, proposals,
discussions and understandings, oral or written, relating to the subject-matter
hereof. This Agreement may be amended, supplemented or modified only by
written instrument, signed by each of the parties hereto.
12.2 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein.
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12.3 Notices. All notices required or permitted to be given under this
Agreement shall be in writing and either delivered personally or by pre-paid
courier or transmitted by facsimile or other similar means of confirmed electronic
communication, to the Licensor at:
145 Renfrew Drive
Suite 160
Markham, Ontario
L3R 9R6
Attention:
Fax:
E-mail:
John Knowles
(905) 477-3882
jknowles@firstbasesolutions.com
and to the Licensee at:
40 Temperence Street
Bowmanville, Ontario
L 1C 3A6
Attention:
Fax::
E-mail:
Ms. Bin Newell
(905) 623 - 0830
bnewell@municipality.c1arington.on.ca
or to such other address and facsimile number as either party may notify to the
other from time to time. All notices shall be effective when actually received.
12.4 Relationship of Parties. The relationship of the parties shall be that of
independent contractors. Nothing in this Agreement shall be interpreted to
create any partnership, joint venture, or similar relationship, or subject the parties
to any implied duties or obligations respecting the conduct of their affairs which
are not expressly stated herein.
12.5 Successors and Assigns. This Agreement shall be binding upon and
enure to the benefit of each of the parties hereto and their respective successors
and permitted assigns. This Agreement may not be assigned by the Licensee,
except with the prior written consent of the Licensor.
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12.6 Waiver. The failure of either party at any time to require performance of
any provision shall not affect the right to require performance at any other time,
nor shall the waiver by either party of a breach of any provision be a waiver of
any succeeding breach or a waiver of the provision itself.
12.7 Severability. If any provision of the Agreement is declared illegal, void or
unenforceable for any reason, such provision shall be severed from the balance
of this Agreement and the remaining provisions hereof shall continue in full force
and effect.
IN WITNESS WHEREOF the parties have executed this agreement by their duly
authorized representatives.
FIRST BASE SOLUTIONS.
(A Division of J.D.Bames Limited)
By:
Name:
Trtle:
John Knowles
General Manager
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Name:
Title:
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SCHEDULE "A"
INFORMATION
INFORMATION DEFINITION:
"fuformation" in this Agreement includes:
· FBS Digital Ortho Mapping
GOVERNING SPECIFICATIONS:
The governing specifications for the fuformation are:
FBS Digital Ortho Mapping:
· Image Type and Resolution - Black and White Digital Ortho Mapping with
a 20cm pixel resolution;
· Image Source - I: 10,000 black and white aerial photography flown in the
Spring of 2000
· Projection and Referencing System - NAD83, 6 Degree Universal
Transverse Mercator (UlM), Zone 17, Central Meridian 81 Degrees West
Longitude;
· Tile Size. Placement, Delivery and Format - 500m by 500m tiles based
upon U1M grid with even 500 metre intervals in TIFF World format;
· Area Image Delivery and Format -I file in Mr.Sid compressed format
covering the area of coverage defined below.
· Delivery Media - Compact Discs.
AREA OF COVERAGE:
The area ofInformation coverage in square kilometers is approximately 615 plus an
additional 100m buffer around the outside of the Municipal boundary. Coverage will
include all 500m tiles that lie within or partially within the above noted 100m buffer.
The coverage of information is generally described as lands lying within the limits of the
Municipality of Clarington in the year 2000
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SCHEDULE "B"
INTERNET DISPLAY
The Information may not be displayed on the Internet:
a) At a pixel resolution that reflects a ground distance that is less than 50 centimetres.
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SCHEDULE "C"
MODIFICATIONS TO TYPE OF LICENSE
During the Term of this Agreement, this License may be modified as follows:
a) The Licensee may opt to supercede this License Agreement by becoming a party
to an FBS Single Subscriber Agreement that includes a "Maintenance Option"
provided that the term of such Single Subscriber Agreement is equal to or longer
than the term of this Agreement.
b) The Licensee may opt to supercede this License Agreement by becoming a party
to an FBS Primary Subscriber Agreement provided that the term of such Primary
Subscriber Agreement is equal to or longer than the term of this Agreement.
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SCHEDULE "0"
FEES / DELIVERY SCHEDULE
FEES
License Fee
PST
GST
TOTAL
$ 49,200.00
$ 3,936.00
$ 3.444.00
$ 56,580.00
This is for a single subscription to the Orthophoto data and does not include a
maintenance option.
Other Service Fees:
Fees for Other Services including, but not necessarily limited to, mapping data
translations, supply of additional formats and other processing, additional deliveries and
consultation may apply.
DELIVERY SCHEDULE
Orthophoto Mapping
June 22nd 2001
PAYMENT SCHEDULE
Option 1
One single payment on delivery of the data $ 49,200.00 plus applicable taxes
Option 2
Two single payments to be made in the amount of $25,830.00 plus applicable taxes
The First on delivery of the data
The Second by the same date in the following year
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SCHEDULE "E"
DISCLAIMER AND COPYRIGHT NOTICE
Disclaimer:
The Licensee shall provide the following Disclaimer in writing to a contracted service
supplier when distributing all or part of the Information in its original or any modified
form to a contracted service supplier:
"The information provided herewith contains mapping data licensed to The
Corporation ofthe Municipality of Clarington by First Base Solutions. This
mapping data and any written materials associated therewith are provided "AS
IS. without warranty of any kind, either expressed or implied, including but not
limited to the implied warranties statutory or otherwise of merchantability and
fitness for a particular purpose. The entire risk as to the quality, accuracy,
currency and performance of the mapping data is with the user of the data. First
Base Solutions. and/or The Corporation of the Municipality of Clarington do not
warrant, guarantee or make any representation that the mapping data will meet
the users requirements or that the operation of the mapping data will be
uninterrupted, complete or error free."
Copyright Notice:
The following Copyright Notice is to be displayed clearly on all paper and electronic
Licensee publications that contain all or part of the Information in its original or any
modified forms:
"@ First Base Solutions."
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SCHEDULE "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron Robinson Ltd, Bowmanville,
Ontario, for the Bowmanville Memorial Park Spray Pad
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 with the Corporation Seal, a contract
between Ron Robinson Ltd., Bowmanville, Ontario, and said Corporation; and
2. THAT this agreement attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 11th day of September, 2001.
By-law read a third time and finally passed this 11th day of September, 2001.
John Mutton, Mayor
Patti Barrie, Clerk
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