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2009-132 contract between The Township of oro-Medonte and The Or-Medonte Chamber of CommerceTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2009 -132 Being a By -Law to Authorize the Execution of a Contract Between The Township of Oro - Medonte and The Oro - Medonte Chamber of Commerce WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council deems it expedient to enter into a contract with the Oro - Medonte Chamber of Commerce for the production of the recreation and Community Services Brochures; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Contract attached hereto as Schedule "A" and forming part of this By -Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 23 DAY OF SEPTEMBER, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23 DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE H Cleft. J. D6041as Irwin Schedule "A" to By -law No. 2009 -132 CONTRACT between THE TOWNSHIP OF ORO- MEDONTE (hereinafter referred to as "the Township ") OF THE FIRST PART And THE ORO- MEDONTE CHAMBER OF COMMERCE (hereinafter referred to as "the Contractor") ON THE SECOND PART THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the parties hereto covenant and agree as follows: The contractor will provide the following services: 1. The production and printing of 3 seasonal issues of the Recreation and Community Services brochure. One for the winter, spring /summer and fall 2010 sessions respectively. 2. The guide will be printed with the following specifications: • Format: Halftab • Files supplied: as PDFs • Bleeds: Yes • Stocks: Text — 301b standard newsprint and Cover — 701b coated • Colour: all process • Page size: stitched and trimmed to 8 1/8" x 10 5/8" • Folding: same as page size • Delivery: 32 pages of content plus 4 page cover, 12,000 copies 3. The graphic design and production of all 3 issues; including cover art, formatting and inclusion of any required graphics and images. 4. Delivery of the guide to the Post Office located at 2921 HWY 11 N ORO ON LOL 2X0 by the following deadlines: • Winter Guide: November 23, 2009 • Spring /Summer Guide: February 15, 2010 • Fall Guide: August 9, 2010 5. The allotment and selling of advertisement space within each issue, the collection of said fees and the associated revenue generated as a result. The township will provide: 1. Brochure content in text format and any pictures to be included. 2. A copy of the last guide as a graphic file for reference. 3. $1,800.00 per seasonal issue as payment to the contractor. 4. Additional pages will be paid for by the Township of Oro - Medonte at the rate charged by the printer. 5. The Township will have the final approval of guide content prior to it being sent to the printer. 6. A maximum of 24 pages allotted as advertisement space the dimensions of which are 2" x 7 5/16" as well as the inside cover front and back and exterior back cover. Termination Upon Notice Without Cause Either party shall have the right to terminate this Agreement, in whole or in part, without liability, upon: 1. Completion of this agreement. 2. Terms agreed upon by both parties. Termination Upon Notice With Cause The Township may terminate this Agreement forthwith, without liability, and without limiting any of its other rights or remedies, upon written notice to The Contractor if: (a) The Contractor is in breach of, or attempts to breach, any of its obligations under this Agreement or Recreation and Community Services Policies and Procedures; (b) Either party is unable to carry out their obligations under this Agreement by reason of a Force Majeure, meaning any bona fide delay or state of affairs beyond the control of a party (other than as a result of financial incapacity) which shall cause any party to be unable to fulfill or to be delayed or restricted in the fulfillment of an obligation Upon the termination of this agreement, the Contractor will return to the Township any and all data, manuals, notes, records, plans or other documents held by the Contractor, as well as any keys, equipment, photocopies or reproductions thereof, concerning the business, processes, know -how and developments of the Township of Oro - Medonte. TOWNSHIP OF ORO- MEDONTE ORO- MEDONTE CHAMBER OF COMMERCE J. ugla w' Carol Benedetti Di ector, Co orate Services /Clerk Executive Director H. S. Hughes Mayor _� � R aoo) Date Dale