HomeMy WebLinkAboutCSD-12-009 - Idemnity Agreements for Contractors1
Staff Repart
I~TCx~,~.R Community Services Department www.kitchenerca
REPORT T0: Community and Infrastructure Services Committee
DATE OF MEETING: January 9, 2012
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services
Department, 519-741-2325
PREPARED BY: Shayne Turner, Director of By-law Enforcement, 519-741-
2753
WARD(S) INVOLVED: All
DATE OF REPORT: December 21, 2011
REPORT NO.: CSD-12-009
SUBJECT: INDEMNIFICATION FOR CONTRACTORS - BY-LAW
ENFORCEMENT
RECOMMENDATION:
That the Mayor and Clerk be authorized to enter into indemnification agreements, to the
satisfaction of the City Solicitor, with contractors that are hired to perform work at the
request of the By-law Enforcement Division in situations relating to non-compliance with
the City's by-laws.
BACKGROUND:
By-law Enforcement Division staff have the authority, pursuant to provincial legislation, to cause
work to be undertaken on private property without the owner's consent, in situations where the
property owner has failed to comply with certain legislation or by-law requirements. Examples
of by-laws where this authority exists, includes the Property Standards, Lot Maintenance,
Zoning, Adequate Heat and Fence By-laws.
REPORT:
Staff is proposing to implement a process whereby contractors hired for by-law enforcement
purposes are given the opportunity to enter into indemnification agreements with the City.
These agreements would indemnify the contractor from damages resulting from any legal
proceedings against the contractor for completion of the work they are contracted to do. This
recognizes that the contractor is simply undertaking the work as required by City by-laws and is
acting solely under the direction of City staff and on the strength of the City's authority to have
the work completed.
It is not the intent for these agreements to indemnify a contractor from a situation where
damages have occurred as a result of the contractor's negligence or wilful misconduct.
5-1
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report supports the Community Priority of Quality of Life as well as the Foundation of the
Strategic Plan relating to Efficient and Effective Government.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
These types of agreements are administrative in nature and do not require an element of
community engagement.
ACKNOWLEDGED BY: Keith Baulk, Acting Deputy CAO, Community Services Department
5-2