3662-2023 Authorize Agreement Between Library Board and United Church of Canada for Winter Maintenance
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE AUGUSTA LIBRARY BOARD, THE UNITED CHURCH OF CANADA AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA.
Passed by Council October 23, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3662-2023
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE AUGUSTA LIBRARY BOARD, THE UNITED CHURCH OF CANADA AND
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
WHEREAS the Municipal Act, S.C. 2001, as amended, authorizes a municipal council to
enter into agreements.
AND WHEREAS the Public Libraries Act empowers Library Boards to make provision
for insuring the board’s real and personal properly;
AND WHEREAS the Library has limited parking available;
AND WHEREAS the United Church, located adjacent to the Library, has parking
available for use by the Library;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and the Clerk are hereby authorized to execute on behalf of the
TOWNSHIP OF AUGUSTA this Agreement for winter maintenance.
2. THAT Schedule A shall form part of this By-Law.
3. THAT this By-Law is in full force as of October 23, 2023.
READ a first, second, and third time and finally passed this 23 day of October, 2023
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
Schedule A By-law 3662-2023
This Agreement is made this 23rd day of October 2023.
BETWEEN
The Augusta Township Public Library Board
4500 County Road 15
(Hereinafter referred to as the “Library”)
And
The United Church of Canada (do Richard Denison)
4524 County Road 15
(Hereinafter referred to as the ‘Church”)
And
The Corporation of the Township of Augusta
(Hereinafter referred to as the “Township”)
This agreement witnesseth and it is hereby agreed between the parties as follows:
1. The Township shall carry out winter maintenance activities at the Library as
required, including snow removal, sanding and salting.
2. The Church will allow the Library to use its parking area in return for the Township
and/or the Library carrying out winter maintenance activities in the Church
parking area. It is understood that winter maintenance activities at the Church are
carried out in conjunction with the Library only and the Church will not be entitled
to any other maintenance activities from the Township or the Library.
3. While the Township and/or the Library will make its best efforts to complete the
required winter activities as expeditiously as possible, this agreement does not
guarantee that the winter maintenance will be carried out within any specific
timeframe.
4. The Church shall provide proof of Commercial General Liability Insurance as
follows:
Commercial General Liability Insurance issued on an occurrence basis for an
amount of not less than $2,000,000. per occurrence / $2,000,000. annual
aggregate for any negligent acts or omissions relating to their obligations under
this Agreement. Such insurance shall include, but is not limited to bodily injury
and property damage including loss of use; personal injury and advertising injury;
contractual liability; premises, property & operations; non-owned automobile;
broad form property damage; owners & contractors protective; occurrence
property damage; products & completed operations; employees as Additional
Insured(s); contingent employers liability; tenants legal liability; cross liability and
severability of interest clause
Such insurance shall add the Township as Additional Insured with respect to the
operations of the Named Insured. This insurance shall be non-contributing with
and apply as primary and not as excess of any insurance available to the
Township.
The Policies shown above shall not be cancelled unless the Insurer notifies the
Township in writing at least thirty (30) days prior to the effective date of the
cancellation or material change of cover, The insurance policy will be in a form
and with a company which are, in all respects, acceptable to the Township.
5. Indemnification:
The United Church of Canada shall defend, indemnify and save harmless the
Township and the Library, their officers, employees, volunteers and agents from
and against any and all claims, actions, losses, expenses, fines, costs (including
legal costs), interest or damages of every nature and kind whatsoever, including
but not limited to bodily injury or to damage to or destruction of tangible property
including loss of revenue arising out of or allegedly attributable to the negligence,
acts, errors, omissions, whether willful or otherwise by bidder, their officers,
employees, agents, or others who the bidder is legally responsible. This
indemnity shall be in addition to and not in lieu of any insurance to be provided by
the bidder in accordance with this agreement and shall survive this agreement.
IN WITNESS WHEREOF the parties have duly executed this Agreement under
seal.
SIGNED, SEALED AND DELIVERED
Dated this 23 day of October 2023.
in the presence of:
The Augusta Township Public Library Board
Signed by Angela Knights
The United Church of Canada
Signed by Richard Denison
The Township of Augusta
Signed by Clerk Annette Simonian and Mayor Jeff Shaver
