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HomeMy WebLinkAbout16 020 Security Services (O.B.N. Security) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 0. *VW ., • ' 0/6(1 \NCP �, BY -LAW NO. 2016 - 020 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH O.B.N. SECURITY TO PROVIDE LICENCED SECURITY GUARDS FOR EVENTS WHEREAS Sections 8 (1) and 9 of the said Municipal Act, 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 a municipality 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 Alcohol Risk Management Policy (GG. 1.6) has requirements for licensed security to be present at events held at municipal facilities; AND WHEREAS the Municipality deems it advisable to enter into an agreement with O.B.N. Security to provide licensed security guards for events per Report REC 2015 -08; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That an agreement with O.B.N. Security to provide licensed security guards for events, attached hereto as Schedule `A' and forming part of this by -law, be entered into. • 2. That the Mayor and Chief Administrative Officer be hereby authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement and any other documents required. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "Security Services (O.B.N. Security) Agreement By -law ". READ a FIRST and SECOND TIME this 10th day of February, 2016. READ a THIRD TIME and FINALLY PASSED this 10th day of February, 2016. O - - � Mayor Clerk • This is Schedule ".g.." to By Law N0;2 passed the 1 day of Febru Ov j 2016 GENERAL SERVICE AGREEMENT THIS GENERAL SERVICE AGREEMENT (the "Agreement ") dated this term - i - h day of January, 2016 1-�br uor y BETWEEN: Municipality of Kincardine of (00 Du(hom Kincardine, Ontario N2Z -1L6 (the "Client ") - AND - O.B.N Security of 1717 2nd Avenue Suite 102, Owen Sound, Ontario N4K -6V4 (the "Contractor "). BACKGROUND: A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: Page 1 of 9 Service Agreement Page 2 of 9 Ontario Consumer Protection Act, 2002 1. Consumer rights as outlined in the Ontario Consumer Protection Act, 2002 can be found at the end of this Agreement in Appendix A. Services Provided 2. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services ") consisting of: To provide Licenced Security Guards For Events As Request By The Municipality . 3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client. Term of Agreement 4. The term of this Agreement (the "Tenn ") will begin on the date of this Agreement and will remain in full force and effect until January 1, 2018, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties. 5. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days written notice to the other Party. Performance 6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Currency 7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars). Compensation 8. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation ") to the Contractor of $24.00 per hour. 9. The client will be invoiced after the work is complete. Service Agreement Page 3 of 9 10. Invoices submitted by the Contractor to the Client are due within 30 days of receipt. 11. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation. Reimbursement of Expenses 12. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services under this Agreement. 13. All expenses must be pre- approved by the Client. Penalties for Late Payment 14. Any late payments will trigger a fee of 2.50% per month on the amount still owing. Confidentiality 15. Confidential information (the "Confidential Information ") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 16. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the tern of this Agreement and will survive indefinitely upon termination of this Agreement. 17. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor. Ownership of Intellectual Property 18. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner. Service Agreement Page 4 of 9 19. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property. Return of Property 20. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. Capacity/Independent Contractor 21. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Notice 22. All notices, requests, demands or other coininunications required or permitted by the terns of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: a. Municipality of Kincardine ho "Durham ec Kincardine, Ontario, N2Z -1 L6 b. O.B.N Security 1717 2nd Avenue Suite 102 Owen Sound, Ontario, N4K -6V4 or to such other address as any Party may from time to time notify the other. Indemnification 23. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold haiiiiless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, Service Agreement Page 5 of 9 stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. Additional Clauses 24. Hourly Guard Rate $24.00 per Hr. Supervisor $28.00. Dispute Resolution 25. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. 26. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Province of Ontario. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Province of Ontario. Modification of Agreement 27. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Time of the Essence 28. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Assignment 29. The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. Entire Agreement 30. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Service Agreement Page 6 of 9 Enurement 31. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns. Titles/Headings 32. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Gender 33. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Governing Law 34. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Ontario, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 35. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Waiver 36. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this �e►'1}11 day ofd 2016. FebrL r Municipality of Kincardine (Client) .PJ Ma LJo r Service Agreement Page 7 of 9 Per.• (SEAL) C O O.B. curity (C•.° rac or) Per EAL) SECURITY & INVESTIGATIVE CONSULTANTS INC. February 1, 2016 Re: General Service Agreement Proposal #37 The Contractor has read and will comply with the Municipality of Kincardine incompliance to the Occupational Health and Safety Requirement Standards. #38 The Contractor has read the Accessibility Regulations for Contracted Services as per the Municipality of Kincardine. 1717 -2n" Avenue East, Suite 102, Owen Sound, ON N4K 5P7 0:226- 664 -3912 F:226- 664 -3911 www.obnsecurity.com "Setting The Standard" Service Agreement Page 8 of 9 Appendix A Your Rights under the Ontario Consumer Protection Act, 2002 You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10 -day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30 -day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30 -day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Goverment of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade -in arrangement (or refund an amount equal to the trade -in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the Service Agreement Page 9 of 9 date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 1 lth day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier. ©2002 -2016 LawDepot.comTM MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS POLICY #GG.2.I7 PURCHASING AND PROCUREMENT APPENDIX "F" CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees, visitors, guests, contractors, agents and others on our premises. ALL CONTRACTORS/SUPPLIERS SHALL: I. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation. This information will be documented in a meeting where at least one representative of the municipality and contractor are in attendance, 2. Submit a copy of past accident records and Workers' Compensation Board Number. 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be required. 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. This proof may but is not limited to a copy of the organization's own Health & Safety Policy, copies of training sessions, copies of logs documenting training/discussions. 6. Must comply with Workplace Safety Insurance Board (WSIB) premiums. 7. The Contractor/Supplier shall sign-off on the corporate occupational health & safety form stating his agreement to comply. Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety of all. OCCUPATII ALTH AND SAFETY COMPLIANCE FORM 1 have re. 4 ndix F o 'Pol y #GG.2.17 Purchasing and Procurement "Notice to All Cont 4 -tors corporate St it ent of Occupational Health and Safety" and agree to com•ly w' it. CO s Signa. Date LONCARPIN r boleancad lEfe, Accessibility for Ontarians with Disabilities Act, 2005 (AODA) Accessibility Regulations for Contracted Services In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service, Section 6, every provider of goods or services shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: 1. Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise. 2. Every person who participates in developing the provider's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. The training must include a review of the purposes of the AODA and the requirements of Regulation 429/07 and instruction about the following matters: 1. How to interact and communicate with persons with various types of disability. 2. How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person. 3. How to use equipment or devices available on the provider's premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability, 4. What to do if a person with a particular type of .disability is having difficulty accessing the provider's goods or services, 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide customer service on behalf of The Corporation of the Municipality of Kincardine must meet the requirements of Ontario Regulation 429/07 with regard to training. Website training at www.mcss.gov.on.ca or another pre-approved training source of your choice would be considered an acceptable form of training. A copy of the Municipality of Kincardine Accessibility Standards for Customer Service is attached and must be reviewed with any employee that will provide customer service on behalf of the Municipality. A document describin• ining policy, a summary of the contents of the training and details of training date - • attendees ust be submitted to the Municipality of Kincardine upon request. • I acknowizsge rec- ipt of th': noti• - and confirm that L 1 will comply with its req, ireme ts. -Q - 1 20 Cp one ure Date I have the authority to bind the Corporation Common Documents on Mac / Standard Agreement Wording Form for Contractors Jan. 2010