HomeMy WebLinkAbout17 077 Tiverton Agricultural Society Agreement for Saturday Night Pipe Band Parades (2017) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 077
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH
TIVERTON AGRICULTURAL SOCIETY
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 Tiverton Agricultural Society 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 Tiverton Agricultural Society 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
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agreement with Tiverton Agricultural Society attached hereto as Schedule "A".
3. That By-law No. 2015 - 091 is hereby repealed.
4. This By-law shall come into full force and effect upon its passage.
5. This By-law may be cited as the "Tiverton Agricultural Society Agreement for
Saturday Night Pipe Band Parades (2017) By-law".
READ a FIRST and SECOND TIME this 7th day of June, 2017.
READ a THIRD TIME and FINALLY PASSED this 7th day of June, 2017.
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Mayor Clerk
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This is Schedule "A " to By-Law
Nor2ori-077 passed -7 day
of J'--,(\ 20 1R-
This Agreement is entered into as of this day of clw..a , 2017 (the "Effective Date")
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter referred to as the "Municipality"
and
TIVERTON AGRICULTURAL SOCIETY
Hereinafter referred to as the "Society"
WHEREAS the Municipality and the Society wish to enter into an agreement whereby the
Society will place and remove road closed barricades and detour and no exit signage for the
Scottish Pipe Band Saturday Night Parades;
NOW THEREFORE IN CONSIDERATION of the undertakings and agreements hereinafter
expressed by the Parties, the Municipality and the Society mutually covenant and agree as
follows:
1. For the Scottish Pipe Band Saturday Night Parades, the Society 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 and signage after the Parade and place them back in the
location from which they were retrieved.
2. The Society shall provide this service on 2017 Saturday nights of August 5, 12, 19 and
26, with the closed road barricades and detour and no exit 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 and no exit signs in the
general area where they are to be used.
4. The Municipality will provide safety vests for use by the Society while performing this
work.
5. The Municipality will pay $175 per parade (4 parades for total $700) to be paid in one
installment at the end of August (for the August parades).
6. In the event of problems (barricades or signs missing, etc.) the Society will contact the
Municipality by telephone at 519.396.1511.
7. The Society 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.
The Society 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 to September 30, 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.
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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. ZOIT 07-4,
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: ..„-(41, .
nne Eadie
Ma or
Per:
Murray Clarke
Chief Administrative Officer,
We have the authority to bind the
Corporation.
TIVERTON AGRICULTURAL
SOCIETY
ded4;me. g ( •
T/P Per:
tness Name:
Title:c-se-d-4-Eria
Per : •Tozphie
Witness ame:
Title:
We have the authority to bind the
Society.
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