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HomeMy WebLinkAbout18 020 Security Services (Fairmount Holdings Inc.) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE III „,,t *Eakt raj i a • 470PALITY OF K1NC, BY-LAW NO. 2018 - 020 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH FAIRMOUNT HOLDINGS INC. TO PROVIDE SECURITY SERVICES 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 1 • 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 Fairmount Holdings Inc. to provide security services for events held at municipal facilities; 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 Fairmount Holdings Inc. to provide security services for events held at municipal facilities, attached hereto as Schedule 'A'. • 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 with Fairmount Holdings Inc. attached hereto as Schedule "A” and forming part of this By-law. 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 (Fairmount Holdings Inc.) Agreement By-law". READ a FIRST and SECOND TIME this 28th day of February, 2018. READ a THIRD TIME and FINALLY PASSED this 28th day of February, 2018. (...),(1 ,6_44._ M . Mayor Clerk 110 This is Schedule"A" to By'.Law No 0620 $=passed the 2�day of � uQ( 2015 GENERAL SERVICE AGREEMENT THIS GENERAL SERVICE AGREEMENT(the "Agreement") dated this �8+" day of February,2018 BETWEEN: Corporation Municipality of Kincardine of 601 Durham Street Kincardine Ontario N2Z-1L6 (the "Client") -AND- Fairmount Holdings Inc of 1717 2nd Avenue East Suite 102 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: 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 the following services (the "Services"): Page 1 of 8 Service Agreement Page 2 of 8 Security Sevices. 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 the completion of the Services, 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 prior to the completion of the Services,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. The Contractor will charge the Client for the Services at the rate of$25.00 per hour(the "Compensation"). 9. The Client will be invoiced every month. 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. 12. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement. Service Agreement Page 3 of 8 Penalties for Late Payment 13. Any late payments will trigger a fee of 2.50%per month on the amount still owing. Confidentiality 14. 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. 15. 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 term of this Agreement and will survive indefinitely upon termination of this Agreement. 16. 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 17. All intellectual property and related material(the"Intellectual Property")that is developed or produced under this Agreement,will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property. 18. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor. Return of Property 19. 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. 20. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out,of any materials or equipment which is the property of the Contractor or, where agreed between the Parties,to compensation in lieu of recovery. Service Agreement Page 4 of 8 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 communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses: a. Corporation Municipality of Kincardine 601 Durham Street Kincardine Ontario N2Z-1L6 b. Fairmount Holdings Inc 1717 2nd Avenue East Suite 102 N4K-6V4 or to such other address as either 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 harmless the other Party, and its respective directors, shareholders, 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, shareholders,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 Clause 24. Stat Hoilday Rate is 2.5 normal rate. Year 1 Guard Rate $25.00 per hr. Year 2&3 $26.00 per hr. Year 1 Supervisor Rate$29.00 per hr. Year 2&3 $30.00 per hr. Contract Ends December 2021. Service Agreement Page 5 of 8 Modification of Agreement 25. 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 26. Time is of the essence in this Agreement.No extension or variation of this Agreement will operate as a waiver of this provision. Assignment 27. 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 28. It is agreed that there is no representation,warranty,collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Enurement 29. 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 30. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Gender 31. 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 32. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. Service Agreement Page 6 of 8 Severability 33. 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 34. 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 0�8}-h day of February, 2018. Corporation Municipality of Kincardine Per: (Seal) CAO Mayor Fairmo dings Inc Service Agreement Page 7 of 8 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 Government 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 8 of 8 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. ©2002-2018 LawDepot.corn® . FAIRMOUNT SECURITY SERVICES Security Contract Guard Services Division FAIRMOUNT1p Thomas Wheildon,Chief Executive Officer i SECURITY 1717 2nd Avenue East , Suite 102 SERVICES Owen Sound, ON N4K 5P7 email:thomasw@fairmountsecurity.com Office: 519-226-664-3912 Cell: 519-477-0442 Client Name Contact Dale Lamont, Facilities Municipality of Kincardine Manager Billing AddressTel 601 Durham Street City Email Kincardine, ON N2Z 1L7 dlamont@bmts .com Site Location Site Telephone Kincardine Davidson Centre 519-396-3491 Service EVENTS BOOKED AS PER Commencement Commencement21 : 0 0 Date REQUEST Time Service 3 YEAR CONTRACT EXPIRES Termination Time Termination Date 02 : 00 December 2021 Total Number of ,, Designation Property Check $ each Officers per shift Static Rates (plus HST) Regular Guard per hour Supervisor Rate per hour Rate $25. 00 (plus $29. 00 (plus HST) Contract rates are Net 15 Days. Please note that GST is applicable to all prices above. 24 hour cancellation notice.Minimum 4 hrs billed. Statutory Holidays per government guidelines. Assignment In Year 2 and 3; rates will go up to $26. Per Guard and $30. An hour Details per Supervisor Guards will not leave site until all Guests are out of the building. Guards will Ensure Maintenance locks doors after Guards leave to prevent Guest re-entry. Ensure alcohol stays in designated areas . Guards will check I . D. event is 19 years plus . Smokers will be directed to designated area. Guards will observe for over intoxication. Guests arriving intoxicated will be denied entry. All Guards will ensure Clients comply to the Rules and Regulations of the Alcohol and Gaming Commission on Ontario during a licensed event. Statutory Holiday Rates will be billed at 2 . 5% o -• mal hourly Rate. Client Representative: Fairmount Security Repr- - r/r� ' Signature: Signature: c Client Above Agrees That: 1. Fairmount Security is not an insurer. 2. That the amount payable to Fairmount Holdings Inc.hereunder is based solely upon the value of security services provided and the scope of liability as herein set forth and is unrelated to the value of the property of the above,or the property of others located in,on,around or about the above premises. 3. That the security services to be provided by Fairmount Security Services are intended to reduce the probability of loss but do not give rise to an indemnity in favour of the above. 4. Fairmount Security Services makes no guarantees and gives no warranties of any kind(either express or implied and whether arising by statute or in law or from course of dealing or usage of trade)regarding the Security supplied. Furthermore,the parties hereto agree that the failure of Fairmount Security to provide security services or security patrols,or to react properly at the premises,for any reason whatsoever(including intentional or unintentional acts by Fairmount Security officers,directors,employees,agents,subcontractors or those for whom Fairmount Security is responsible at law or the fundamental breach of this agreement by said persons)shall not give rise to any liability absolute or otherwise on the part of its officers,directors,employees,agents,subcontractors or for those whom Fairmount Security is responsible to at law to any party or person. Furthermore,Fairmount Security,its officers,directors,employees,agents,subcontractors or for those whom Fairmount Security is responsible to at law,will not be responsible for any lost profit,economic or consequential damage or for any claim or demand by any other person. BELLM CSICI CERTIFICATE OF LIABILITY INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder and Imposes no liability on the insurer. This certificate does not amend,extend or alter the coverage afforded by the policies below. T1 CERTIFICATE HOLDER,NAMEAND-MAILING ADDRESS _.. =ti INSURED'S FULL NAME AND MAILING ADDRESS - - Private Security&Investigative Services Program Service Ontario Fairmount Security a Division of Fairmount Holdings Inc. Occupational Licensing Service Office Att:Agency 1717 2nd Avenue East,Suite 102 P.O.Box 4500 Owen Sound,ON Kingston IZOOTEAL K7L 0E1 Coo N4K 5P7 I.DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES(but only with respect to the operations of the Named Insured) Security Guard Services including Event Security and Crowd Control;Security Consulting;Private Investigations and Property Protection. 5{4;i4I COVERAGES This Is to certify That the polities of insurance listed below have been issued to the insured named above for the policy period Indicated notwithstanding any requirements,terms or conditions of any contract or other document with respect to which this certificate may be Issued or may pertain.The insurance afforded by the policies described herein Is subject to all terms,exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EFFECTIVE EXPIRY - LIMITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY - DATE DATE (Canadian dollars unless Indicated otherwise) AND POLICY-NUMBER AtdoUNT OF - YYYY/MMIOD YYYYiMMIDD COVERAGE_ _-. oc0• .AMOUNNOF COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE LIABILITY -GENERAL AGGREGATE ❑CLAIMS MADE O$ ®OCCURRENCE -EACH OCCURRENCE 2,500 5,000,000 ®PRODUCTS AND/OR COMPLETED OPERATIONS Lloyd's of London PRODUCTS AND COMPLETED OPERATIONS ❑EMPLOYERS LIABILITY TGC 50403 2017/6/28 2018/6/28 AGGREGATE 5,000,000 ®CROSS LIABILITY ❑PERSONAL INJURY UABILITY Agreement#B0t8OPN17002B7-AN OR 2,500 5,000,000 PERSONAL AND ADVERTISING INJURY 1 LIABILITY 1 MEDICAL PAYMENTS 10,000 ❑TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY 500,000 ❑POLLUTION LIABILITY EXTENSION POLLUTION LIABILITY EXTENSION 1I NON-OWNED AUTOMOBILES Lloyd's of London 2017(6128 2O1SI6/2S NON OWNED AUTOMOBILE 1,000 5,000,000 1=1 HIRED AUTOMOBILES TGC 50403 AUTOMOBILE LIABILITY BODILY INJURY AND PROPERTY ❑ DESCRIBED AUTOMOBILES DAMAGE COMBINED O ALL OWNED AUTOMOBILES BODILY INJURY (PER PERSON) 1 El LEASED LEASED AUTOMOBILES" BODILY INJURY(PER ACCIDENT) "ALLAUTOMOBE.ES LEASED 114 EXCESS OF Se DAYSNMERETBE INSURED IS REQUIRED , TO PROVIDE wSURANCE PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE ❑ UMBRELLA FORM AGGREGATE 0 OTHER LIABILITY (SPECIFY) 0 0 0 CANCELLA'T1ON - _ 5. :. Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mall 30 days written notice to the certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives. alitttOKERAGEIAGENCYFULL NAME AND MAILING ADDRESS. ADDITIONAL INSURED NAME AND MAILING ADDRESS LiaRRRaywitrreenectfolhe oper,Wreblihe Nairwd.lnasyed) _ . Canada Brokerlink(Ontario)Inc. 1796-16 Street E Suite C Owen Sound,ON PDODE N4K5N3 BROKER CLIENT ID:FAiRSEC-01 CODE CERTIFICATE AUTHORIZATION < - -ISSUER Canada Canada Brokeriink(Ontario)Inc. CONTACT NUMBERS) TYPE Phone No.(519)376-1774 TYPE Fax No.(519)376-9888 AUTHORIZED REPRESENTATIVE Marlene Bell /� TYPE NO. TYPE NO. SIGNATURE OF A- ,A w w .I6C� . DATE 2017/6/29 EMAIL ADDRESS mbell@brokerllnk.ca AUTHORIZED REPRESENTATIVE W-1—.41- r+ dr...1�i�_ CSIO C0910ECL-CERTIFICATE OF LIABILITY INSURANCE-2010109 82010.Centre for Study of Insurance Operations AN rids reserved Clearance Certificate/Certificat de decharge Contractor Legal/ Contractor Address/ Contractor Principal Legal / Principal Address/ Clearance certificate Validity period (dd- Trade Name I Adresse de Classification Unit Trade Name / Adresse de number/Numero du mmm-yyyy)I Periode Appellation l'entrepreneur and Description/ Appellation ('entrepreneur certificat de decharge de validite commerciale ou Unite de classification commerciale ou principal (jj/mm/aaaa) raison sociale de de l'entrepreneur et raison sociale de l'entrepreneur description l'entrepreneur principal FAIRMOUNT 102-1717 2ND AVE E, 7791-001: Security CORPORATION OF 1475 CONCESSION 5 W200000DBMV3 05-Feb-2018 to 19- HOLDINGS INC. OWEN SOUND, ON, Services THE MUNICIPALITY RR 5, KINCARDINE, Feb-2018 N4K6V4, CA OF KINCARDINE/ ON, N2Z2X6, CA KINCARDINE MUNICIPALITY Page 1 of 1