HomeMy WebLinkAbout15 091 Community Living Kincardine and District Agreement for Saturday Night Band Parades (2015) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2015 - 091
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH
COMMUNITY LIVING KINCARDINE AND DISTRICT FOR THE SATURDAY
NIGHT PIPE BAND PARADE
WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provide that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable
• the municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Community Living Kincardine
and District to erect barricades and signage for the Saturday Night Pipe Band
Parade;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an agreement
with Community Living Kincardine and District to erect barricades and signage
for the Saturday Night Pipe Band Parade, attached hereto as Schedule `A' and
forming part of this by -law.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
• execute, on behalf of The Corporation of the Municipality of Kincardine, the
agreement with Community Living Kincardine and District attached hereto as
Schedule "A ".
3. This By -law shall come into full force and effect upon its passage.
4. This By -law may be cited as the "Community Living Kincardine and District
Agreement for Saturday Night Pipe Band Parades (2015) By- law ".
READ a FIRST and SECOND TIME this 10th day of June, 2015.
READ a THIRD TIME and FINALLY PASSED this 10th day of June, 2015.
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Mayor Clerk
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This is Schedule "Z_\ ." to By-Law
No(205 passed the 10 day
of JU( 2015
This Agreement is entered into as of this 10th day of June, 2015 (the "Effective Date")
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter referred to as the "Municipality"
and
COMMUNITY LIVING KINCARDINE & DISTRICT
Hereinafter referred to as "Community Living"
WHEREAS the Municipality and Community Living wish to enter in to an agreement
whereby Community Living will place and remove road closed barricades for the
Scottish Pipe Band Saturday Night Parades and place detour and no exit signage:
NOW THEREFORE IN CONSIDERATION of the undertakings and agreements hereinafter
expressed by the Parties, the Municipality and Community Living mutually covenant and
agree as follow:
1. For the Scottish Pipe Band Saturday Night Parades, Community Living will place
road closed barricades, detour and no exit signs at the locations identified in
Appendix A, attached hereto and forming part of this agreement, prior to the
commencement of the Parade and will remove barricades after the Parade and
place them back in the location from which they were retrieved:
2. Community Living shall provide this service on each Saturday night for the 11 weeks
preceding Labour Day with the closed road barricades and detour signs to be placed
in position between 7:30 p.m. and 7:45 p.m. and removed after the parade.
3. The Municipality will place the road closed barricades and detour signs in the
general area where they are to be placed.
4. The Municipality will provide safety vests for use by Community Living while
performing this work.
5. The Municipality will pay $175 per parade (11 parades for total $1925) to be paid
in installments at the end of July (for June and July parades) and at the end of
August (for the August parades). This fee will be adjusted annually by CPI Ontario
for the term of the agreement.
6. In the event of problems (barricades or signs missing, etc.) Community Living
will contact the Municipality by telephone at 519.396.3203 or 519.396.1511.
7. Community Living shall put in effect and maintain in its name, at its expense,;
Commercial General Liability Insurance, for third party bodily injury, personal injury
and property damage to an inclusive limit of not less than Two Million Dollars
($2,000,000.00) per occurrence. The policy shall include:
The Corporation of the Municipality of Kincardine as an additional insured;
Cross liability;
Contractual liability;
A thirty (30) day written notice of cancellation
Community Living Kincardine and District shall provide the Municipality with a valid
Certificate of Insurance as evidence of the above coverages upon signing the
agreement.
8. This agreement shall continue for a period of three (3) years 2015, 2016 & 2017 unless
either party terminates this agreement by giving the other party sixty (60) days advance
written notice that they wish to terminate this agreement.
Page 11
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by
their duly authorised representatives to be effective as of the Effective Date stated at the
top of this Agreement.
Authorized by By -law No. 2015 - 091.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: _1 --Q-
CAO, Murray Clarke
Per: L�
Mayor, Anne Eadie
We have the authority to bind the
Corporation.
COMMUNITY LIVING KINCARDINE
& DISTRICT
Per: �
Nam 47 a rS, 1
Title:
Page 1 2
PIPE BAND PARADE
Road Closures & Detour Routes Appendix A
Broadway Street
7� Durham Street •
•
7� Lambton Street •
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Harbour Street
Durham Market North
Russell Street
Durham Market South
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LEGEND:
Cl Road Barricades 'ROAD CLOSED'
Gordon Street * - - - -*
'NO EXIT' Sign
•
Detour Sign 'DIRECTIONAL ARROW'