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HomeMy WebLinkAboutENG 06-14 cliq 4 Report to Executive Committee PI KERING Report Number: ENG 06-14 Date: May 12, 2014 From: Richard Holborn Director, Engineering & Public Works Subject: Road Watch Sign Board Agreement - File: A-1440 Recommendation: 1. That Report ENG 06-14 of the Director, Engineering & Public Works regarding the Road Watch Sign Board Agreement be received; 2. That the Road Watch Sign Board Agreement, substantially in the form included in this report as Attachment 1, be entered into by the City subject to such minor ' revisions as are satisfactory to the Director, Corporate Services & City Solicitor, and the Director, Engineering & Public Works; 3. That the said Road Watch Sign Board Agreement be executed by the Mayor and City Clerk; and 4. That the appropriate City officials be authorized to take the actions necessary to implement these recommendations. • Executive Summary: Ajax Pickering Road Watch has purchased an electronic sign board, which is used for displaying the speed of vehicles to motorists on our roadways. The board is owned jointly by the Town of Ajax and the City of Pickering, and, for insurance purposes, it is necessary to set out the responsibilities of the sign board between the Town of Ajax and the City of Pickering. The agreement between the Town of Ajax and the City of Pickering will be as follows: • The City of Pickering will be responsible for any claims, costs or damages arising from the use of the sign board when it is located within or being transported for use within Pickering. • The Town of Ajax will be responsible for any claims, costs or damages arising from the use of the sign board when it is located within or being transported for use within Ajax. 47 Report ENG 06-14 May 12, 2014 Subject: Road Watch Sign Board Agreement Page 2 Financial Implications: The City of Pickering agrees to maintain general liability insurance in the minimum amount of$5,000,000.00 with respect to use of the Road Watch sign board and will be responsible for any claims arising from its use in the City of Pickering. Discussion: In 2012, Ajax Pickering Road Watch, a volunteer based committee aimed at making drivers more aware of their actions, purchased an electronic sign board for displaying the speed of vehicles to motorists on our roadways. The Road Watch Committee, in conjunction with the Durham Regional Police Service, the City of Pickering and the Town of Ajax, will be placing the sign board on municipal roadways alternatively between the Town of Ajax and the City of Pickering. The sign board will be placed in the spring, summer and autumn months on roadways that have been identified with a speeding concern by either a committee volunteer, resident, city staff, member of council or Durham Region Police officer. The sign board is contained within a trailer, which protects it from wind and rain, and will be transported alternatively between the Town of Ajax and the City of Pickering by the Durham Regional Police on a schedule to be determined by Ajax, Pickering and Durham Regional Police staff. From time to time volunteers from the committee will be stationed at the sign board and capture the licence plate of vehicles that are speeding and subsequently report that licence plate to the Durham Regional Police, which will then follow-up with the owner of the vehicle. As Ajax Pickering Road Watch is funded by both the Town of Ajax and the City of Pickering, the assets of the committee, including the signboard, are owned jointly by the Town of Ajax and the City of Pickering. For insurance purposes, when the sign board is on municipal property, it is necessary to set out the responsibilities of the sign board, which is as follows: • The City of Pickering will be responsible for any claims, cost or damages arising from the use of the sign board when it is located within or being transported for use within the City of Pickering • The Town of Ajax will be responsible for any claims, costs or damages arising from the use of the sign board when it is located within or being transported for use within the Town of Ajax. The Engineering & Public Works Department recommends that the Road Watch Sign Board Agreement between.the Corporation of the Town of Ajax and the Corporation of the City of Pickering be executed substantially as set out in Attachment 1 to this Report. 48 CORP0227-07/01 revised Report ENG 06-14 May 12, 2014 Subject: Road Watch Sign Board Agreement Page 3. Attachments: 1. Road Watch Sign Board Agreement Prepared By: Approved/Endorsed By: (i7/ Nathan Emery Richard Holb.rn, P. Eng. Coordinator, Traffic Operations Director ngineering & Public Works Darrell Selsky, CET, CMM III Paul Bi• o; Manager, Capital Projects & Infrastructure Directo C. por-te Services & City Solicitor NE: Recommended for the consideration of Pickering Cit Council ',/ A 24E3, 2014 �I Tony Prevedel, P.Eng. Chief Administrative Officer • • CORP0227-07/01 revised 49 ROAD WATCH SIGN AGREEMENT made this day of March,2013. BETWEEN: THE CORPORATION OF THE TOWN OF AJAX (hereinafter referred to as the"Town") OF THE FIRST PART, -and- THE CORPORATION OF'1'HE CITY OF PICKERING (hereinafter referred to as the"City") OF THE SECOND PART. WHEREAS the Town and the City are the owners of a road watch sign board (the"Sign")which Sign shall be used alternatively in the Town and the City. AND WHEREAS for insurance purposes it is necessary to set out responsibility . for the Sign; NOW THEREFORE this Agreement witnesseth that in consideration of mutual benefits the Parties hereto agree as follows: 1. It is hereby agree that the municipality in which the Sign is located from time to time shall be fully responsible for any claims,costs or damages arising from the use of the Sign when it is located in such municipality.It is further agreed that the municipality transporting the Sign shall also be fully responsible for any claims, costs or damages arising from the transporting of the Sign. 2. The Town and the City agree that neither of them shall question the jurisdiction of the Town or the City to enter into this Agreement nor question the legality of any portion hereof nor question the legality or any obligation created hereunder and the Town and the City,their successors and assigns are and shall be stopped from contending otherwise in any proceeding before a Court of competent jurisdiction or any administrative tribunal. 3. The City and the Town hereby agree to hold the other harmless for any claims, costs and damages for which each is responsible as set out in paragraph one of this agreement. The City and the Town each agree to maintain comprehensive general liability insurance in the minimum amount of$5,000,000.00 with respect to its use of the Sign. • 50 • A.T FACHMENT# 1 TOREPORT#NG 010-1 y-. 2 4. This Agreement shall be binding upon and enure to the benefit of each of the parties and their respective successors and assigns. IN WITNESS WHEREOF the parties have signed this Agreement by the hands of their respective officers duly authorized in that behalf as of the date set out above. '111E CORPORATION OF THE TOWN OF AJAX Per: Name: Steve Parish Title: Mayor Per: Name:Nicole Wellsbury Title: Deputy Clerk. We have authority to bind the Corporation. THE CORPORATION OF THE CITY OF PICKERING Per: Name: Title: • Per: Name: Title: • I/We have the authority to bind the Corporation. • 51