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HomeMy WebLinkAboutTR 02/98REPORT TO COUNCIL FROM: Neil Killen, DATE: July 17, 1998 Manager of Transportation REPORT NUMBER: TR02 -98 SUBJECT: BENCH ADVERTISING AGREEMENT RECOMMENDATION: Whereas the Town of Pickering has an Agreement with Street Level Media Inc. to supply and service bench advertising units on bus routes within Pickering; and Whereas the term of this Agreement ends on September 30, 1998; and Whereas the Town of Pickering and Street Level Media Inc. have the option of one renewal period only for a further period of two years, and Whereas not withstanding the foregoing, the term of this agreement and any renewal term thereof, may be terminated by either party upon sixty (60) days prior written notice; It is therefore recommended that Pickering Council approve the termination of this Agreement on September 30, 1998 by sending prior notice to Street Level Media Inc. indicating that the Town does not wish to renew the two year optional period and that the Town will be issuing a Request for Proposal to interested bidders for this contract. ORIGIN: Town of Pickering transit bench advertising Agreement expiry. AUTHORITY: Council Approval. FINANCIAL IMPLICATIONS: In consideration of the license granted, Street Level Media Inc, pays the Town payments of $408.00 plus GST, quarterly in advance, for 19 bench advertising units. EXECUTIVE SUMMARY: Department of Transportation staff have reviewed the effectiveness of the current bench ad%ertising contract with Street Level Media Inc. which is nearing the end of the tern of the agreement on September 30, 1998. We have determined that the Agreement in it's current farm does not meet several of the needs of Pickering Transit passengers and residents who live within close proximity to bench locations throughout the Town. 2 97 Date: July 20, 1998. The Town has received several complaints from residents requesting that the Town provide garbage receptacles and regular pick -up in the area of transit shelters and bench locations. This service is currently not provided under the terms of either our bench advertising or transit shelter advertising Agreements. Neither the Region of Durham or Municipal Department staff feel that resources can be provided to establish and service garbage receptacles at transit shelter or bench locations. Several residents have also complained about the lack of snow removal at bench and shelter locations. Department of Transportation staff recommend that a Request for Proposal for the bench advertising contract be issued to interested bidders prior to September 30, 1998. The Request for Proposal will include a requirement to fully service bench locations including snow removrJ and garbage receptacle pick -up. Since most bench s will be located in close proximity to transit shelter locations, we will request bidders to also include a provision in their proposals for snow removal at transit shelter locations that are in close proximity to bench locations. Snow removal is not provided under the terms of our existing transit shelter Agreement with Mediacom Inc.. Snow removal at shelter locations is currently provided by the Department of Parks and Facilities as a low priority after sidewalk snow removal. The Department of Transportation has received complaints from passengers who feel they are at risk due to icy and snowy conditions when loading and disembarking buses. ATTACHED: 1. Current bench advertising contract with Street Level Media Inc, Prepared By: Approved / Endorsed By: Neil Killen as J. Qui Manager of Transportation General Manager Copy: Councillor M. Brenner (Chair) Pickering Transit Advisory Committee T. J. Quinn, General Manager P. Wyger, Town Solicitor '98• THIS AGREEMENT made In duplicate as of the 1st day of October, 1995, BETWEEN: THE CORPORATION OF THE TOWN OF PWXE MM hereinafter called the "Town" .and- STREET LEVEL MEDIA INC. hereinafter called the "Licensee" OF THE FIRST PART, OF THE SECOND PART, WHEREAS, pursuant to the provisions of section 210.104 of the Municipal Act, R.S.O.1990, chapter M.45, the Town operates a public bus transportation system over certain public highways within the boundaries of the Town of Pickering (herein called "bus routes "); and WHEREAS the Licensee wishes to install benches at bus stops at certain locations on those bus routes, which benches will provide seating space for members of the public and advertising space which the Licensee will rent to third parties; AND WHEREAS, there are presently ten benches installed at bus stops in Pickering, one of which is located on Town of Pickering road allowance; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual terms, covenants and conditions set out herein, and of the sum of 52.00 :ion paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto agree us follows: 1. The term of this agreement (herein called the "Term ") shall begin on October I, 1995 and shall end on September 30, 1998, with the option of one renewal period only, for a further tens of two years, thereafter at a rate to be determined between the parties, subject to the provisions of section 2(b). Notwithstanding the foregoing, the terms of this agreement and any renewal term thereof, may be terminated by either party upon sixty (60) days prior written notice. 2. The Town hereby grants to the Licensee a licence to install and maintain at bus stops on bus routes a maximum of 25 benches during the Tenn hereof subject to the following terms and conditions: (a) that the Licensee agrees to make a reasonable effort to locate one half of all benches or, . roads under thejurisdiction of the Town of Pickering; (b) that the placement fees payable for the renewal period will be reviewed yearly and set by the Council of the Town of Pickering prior to the commencement of each calendar year within the renewal period; (c) that upon request, the Licensee agrees to immediately install a concrete pad foundation 130cm x 245cm to Town standards in front of all benches set in grassed locations, or in dimensions and locations as deemed necessary by the Town of Pickering; (d) the Licensee shall be responsible for the construction, supply, installation placement and maintenance of the benches, and for all costs associated therewith; (e) all benches installed under Us licence shall conform with the general specifications contained in Schedule "A" hereto, and shall remain the property of the Licensee, (fj the Licensee shall keep the benches in good condition and shall remove any defective or damaged benches forthwith upon the request of the Town; 99 (g) the Licensee shall be responsible for snow removal, grass trimming and litter collection and removal at each bench location, and for all costs associated therewith; I (h) the specific location of each bench shall be subject to the prior approval of the Town's Executive Director of Operations who may approve or disapprove of any location or the continuance of any I location as he in his absolute discretion deems advisable, and, without limiting the generality of the foregoing, may take into consideration such factors as public safely, traffic patterns, utility locations, pedestrian convenience and the visibility and effect of advertising messages; and I (I) when any bench is removed, the Licensee shall restore, at its expense and to the Town's standards and satisfaction, the portion of the boulevard of the bus route in and adjacent to the site of the bench. 3. (1) In consideration of the licence granted hereunder, the Licensee shall pay to the Town, during the term of the agreement, an annual amount equal to S84 per bench per year for those benches located on Regional roads together with an amount equal to $120 per bench per year for those benches located on Town roads. Payment shall be forwarded to the attention of the Executive Director of Operations and made payable to the "Town of Pickering ". Fees shall be payable quarterly on the first day of October, January, April and July of each calendar year throughout the term and any renewal period, provided that each quarterly payment shall be adjusted to include payment for all new installations since the date of previous quarterly payment. (2) On the date which is five (5) days prior to the payment date, the Licensee shall provide the Town's Executive Director of Operations, in writing, a summary of the number of new benches installed, their locations and the installation dates of each. 4. In the event of any damage being caused to the property of the Town or of a third party at the time of the installation, placement, maintenance or removal of any bench, the Licensee shall repair such damage forthwith at its sole expense. 5. (1) The Licensee shall, at all times during the Term hereof, maintain public liability insurance to the satisfaction of the Town in the amount of $2,000,000 and naming the Town as an additional insured, and shall file with the Town a certificate of insurance setting out the essential terms and conditions thereof. (2) The maintenance of such a policy shall not be construed as relieving the Licensee from liability or responsibility for other or larger claims, if any, for which the Licensee may be held liable or responsible. 6. (1) Ali advertising placed upon the benches shall, (a) comply with the written r- -Oations and standards set by die Canadian Advertising Council; and (b) be of amoral and reputable standard as determined by the Town in its sole discretion. (2) in the event that the Town objects to any advertising, whether or not the advertising complies with those regulations and standards and is of a moral and reputable standard, the Licensee shall remove it within 48 hours. 7. Except as otherwise provided herein, each parry hereto, as between them, assumes all risk of loss, damage and destruction of or to its property unless such loss, damage or destruction is caused by the willful act, omission or neglect of the other party, its servants, agents, employees or contractors. 8, The Licensee hereby indemnifies and saves harmless the Town against, (a) any and all claims for damages and from all liability, loss and expenses arising from or caused by any alleged defamatory advertising or any alleged copyright matter in any advertising; and ,2• (b) WI actions, causes of actions, suits, claims, and demands whatsoever, which may rise either directly too or Indirectly as a result of the granting to the Licensee of the rights herein contained. 9. The interest hereby granted to the Licensee shall be a licence, and shall not be construed to constitute a partnership, joint venture, agency or lease. 10. Any notice required or permitted to be given hereunder shall be in writing and shall be given by personal delivery or by prepaid registered mail (which shall be deemed to have been received on the fourth day alter mailing) addressed as follows: (a) in the case of notice to the Licensee, to The President Street Level Media Inc. 194 Main Street Suite 201 Unionville, Ontario L3R 2G9 (b) in the case of notice to the Town, to The Town Clerk The Corporation of the Town of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 11. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 12. This agreement shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties have hereunto affixed their Corporate Seals, duly attested by their respective authorized officers. THE CORPORATION OF THE TOWN OF PICKERING . Wayne Arch rs, Mayor ruse Taylor, Clerk SCHEDULE to the Agreement dated October 1. 1995 between The Corporation of the Town of Pickering and Street Level Media Inc. BENCH SPECIFICATIONS 1. Each bench shall be made from plastic and aluminum to reduce the possibilities of splintering, rotting, cracking and fading. 2. Bench surfaces shall be such that graffiti, paint and dirt can be easily removed. 3. Colours shall be molded into the materials used, not applied to their surfaces. 4. Each bench shall conform to the specifications set out on drawings - Street Level Media Drawing Number 3343 -1, dated 93/02/27, and unrevised. BENCH LOCATIONS (as at September 25,1995) 1. North East comer of Finch Avenue and Dixie Road 2. North West comer of Whites Road and Strouds Lane 3. Liverpool Road just south of highway b2, East side 4. Glcnanna Road just North of Highway 02, West side 5. Bayly Street at Brock Road, South West comer 6. Brock Road at Pickering Parkway, North Wcst comer 7. Liverpool Road (in front of Pica Hut), West side 8. North West comer of Brock Road and Highway b2 9. Bayly Street at West Shore Boulevard, South West comer. 1011 DEPARTMENT OF TRAN PORTATION GENERAL COUNCIL INFORMATION TO: Mayor Wayne Arthurs and Members of Council COPY: Thomas I Quinn, General Manager FROM: Neil Killens, Manager of Transportation DATE: June 26, 1998. SUBJECT: NEW PICKERING TRANSIT ROUTE NETWORK UPDATE INTRODUCTION : As per Council budget approval, C.H. Prentice Consulting was contmcted in 1997 to conduct a complete review of the existing Pickering Transit route network. Over the past ten months, staff have been working with the consultant to analyze all facets of the current transit route network including: schedules and key destinations, cost implications, potential new service areas, inter-municipal links, and the potential for iiiiproved integration with Regional and GTA transit services. Upon the approval of Council in 1997, and under the authority of the General Manager, a new Pickering Transit route network has been developed for scheduled implementation on September 8, 1998. BENEFITS: I. Expanded route network, serving new areas at no additional cost. 2. Expanded off -peak service to enhance local ridership. 3. Simplified route structure with the some routing provided during the peak and off - peak. 4. More direct routing with new focus on the Pickering Town Centre us a key destination. 5. One fewer bus utilized - 18 buses in peak scn•ice vs. 21 buses currently utilized (subject to final confirmation of Fall 1998 high school schedules), 5 buses in off - peak vs. 3 currently utilized. 6. Service beyond Pickering's borders to points cast and west (i.e. Rouge Hill Go Station, links to the ITC on Port Union Road). 7. Adaptability to potential changes resulting from the Kingston Road / Hwy. 401 Regional Study.