2011-049 Chamber of Commerce ContractTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -049
A By -law to Authorize the Execution of a Contract Between
The Township of Oro- Medonte and
The Oro - Medonte Chamber of Commerce
And to Repeal By -law No. 2009 -132
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 and printing of 5 seasonal issues of
the Recreation and Community Services brochure, as documented in Motion No.
C1 10323-24;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. 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 the contract shall remain in force until November 30, 2012, unless
terminated in accordance with the provisions contained therein.
3. That By -law No. 2009 -132 is hereby repealed in its entirety.
4. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6T" DAY
OF APRIL, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
ra
J. Dov4lks Irwin
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 5 seasonal issues of the Recreation and Community Services
brochure Fall and Winter sessions 2011 and Winter, Spring /Summer and Fall 2012 at the
contractors expense.
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: 36 pages of content plus 4 page cover, 10,000 copies
3. The graphic design of all 5 issues; including the supply of cover art, graphics and images for all
content including layout, formatting and editing of all text and graphics as requested and
approved the Township of Oro - Medonte. Three drafts to be provided a first, second and final
d raft.
4. Arrange for printing as per the specifications as noted above.
5. Delivery of the guide to the Post Office located at 2921 HWY 11 N ORO ON LOL 2X0 by the
following deadlines:
• Fall Guide: August 12, 2011
• Winter Guide: November 25, 2011
• Spring /Summer Guide: February 17, 2012
• Fall Guide: August 10, 2012
• Winter Guide: November 23, 2012
6. The allotment and selling of advertisement space within each issue, the collection of said fees
and the associated revenue generated as a result.
Additional Terms
The graphic and printing sub - contractors hired by the contractor for the term of this agreement
shall be agreed upon jointly between the Contractor and the Township. The sub - contractors will
be reviewed based on portfolio, experience, pricing, and references. Any deviation from this
must be approved by the Township. The sub - contractors must be approved by April 1, 2011.
The graphic designer must submit a high resolution pdf as well as ai formats for final
publications to the Township.
The Township will provide:
1. Brochure content in text format (MS word) with requests for images and layout. Township staff
will work directly with the graphic designer in layout, content, and formatting.
2. A copy of the last guide as a graphic file for reference (pdf).
3. $1,950.00 per seasonal issue as payment to the contractor.
4. Additional pages will be paid for by the Township of Oro - Medonte at the rate and charged by
the printer and designer.
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 will be allotted for 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. Or as mutually
agreed upon.
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.
3. Providing 60 days written notice
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 CHAMBER OF COMMERCE
Services /Clerk
4hesug
Mayor
O
Executive Dire r
Anna Proctor
Oro - Medonte Chamber of Commerce President
Date