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HomeMy WebLinkAboutBy-law No. 2015-046 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-046 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND MARC CERNAICERNA ENTERPRISES FOR THE PROVISION OF CLEANING SERVICES WHEREAS the Municipality of Bayham is the registered owner of lands known locally as the East Beach; AND WHEREAS the Municipality of Bayham operates facilities on the subject lands known at the East Beach Washrooms and East Beach Change Rooms; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of cleaning services at such facilities. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Marc Cerna/Cerna Enterprises for the provision of cleaning services. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7T" DAY OF MAY 2015. 4-1-1 see,\INLitea M YOR LERK Schedule"A" B/L 2015-046 CLEANING SERVICES THIS AGREEMENT made in duplicate this 7TH day of May 2015. BETWEEN MARC CERNAICERNA ENTERPRISES (hereinafter referred to as the"Contractor" ) of the First Part -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the"Municipality") of the Second Part WHEREAS the Municipality of Bayham is the registered owner of lands known locally as the East Beach; AND WHEREAS the Municipality of Bayham operates facilities on the subject lands known at the East Beach Washrooms and East Beach Change Rooms; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of cleaning services at such facilities. AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Contractor hereby convenants and agrees to perform cleaning services for the municipally owned Beach Washrooms and Beach Change room facilities located at the East Beach in the Municipality of Bayham, as well as garbage collection for the Municipally owned east beach area. 2. The Contractor hereby convenants to perform such services in accordance with the Service Guideline attached hereto as Appendix"A". This appendix may be modified only upon mutual written agreement. 3. The Municipality hereby convenants to pay$2,100 plus H.S.T. per month for such services, estimated five months. Payments will be made to the Contractor within fourteen (14) days from the receipt of invoice for services and continuing for the life of the Agreement. Invoices shall be monthly, based on services provided the previous monthly period. The Municipality reserves the right to limit hours of service at its sole discretion. -2 - Schedule"A" B/L 2015-046 4. a) The Contractor shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverages for and including bodily injury, death or property damage. b) The Contractor shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that it has complied with the provisions of Paragraph 4(a) including naming the Municipality as an additional insured. 5. The Contractor shall indemnify and save harmless the Municipality and all Municipal officers, employees, servants and agents; officers, employees, servants and agents of its Boards and Commissions and volunteers from all actions, suits, claims, costs, damages or expenses and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or their employees. 6. This Agreement may be terminated by either of the Parties upon thirty (30)days written notice. 7. The Contractor shall not subcontract any or all of this agreement without the prior and express approval of the Municipality. 8. This Agreement shall be effective from May 1, 2015 up to and including September 30, 2015. IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this 7T"day of May 2015. SIGNED,SEALED AND WITNESSED ) THE CORPORATION OF THE ) MUNICIPAr OF BAYHAM ) MAYO CLERK ) ) ) CONTRACTOR In the Pence of fittatarilbt -3 - Schedule"A" B/L 2015-046 Appendix°A" East Beach Cleanina Services SCOPE OF WORK 1. GENERAL 1.1 Except as otherwise expressly provided herein, the contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. 1.3 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality_ 1.5 A daily log of all activities shall be maintained by the contractor and submitted with each invoice. 1.6 Failure to provide and maintain a standard of service and workmanship acceptable to the Public Works Manager will, at his discretion, result in an alternate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the contract 2. DESCRIPTION OF WORK—Washroom and Chanaerogm 2.1 Open washroom and change room doors daily at 8:00 AM and lock daily at 9:00 pm. 2.2 Scrub toilets and sinks, clean counter tops and floors, and clean the facility prior to opening or following closing plus a minimum of twice daily and as required. 2.3 Ensure supplies including toilet paper and paper hand towels are in place. 2.4 Remove all waste from receptacles in facilities and replace garbage bags. 2.5 Clean litter and any broken glass around the facilities -4 - Schedule"A" B/L 2015-046 3. DESCRIPTION OF WORK -Debris and Garbage Disposal 3.1 Empty garbage from the municipal containers throughout the beach area, and place in the locked dumpster provided by the Municipality (keep dumpster locked). 3.2 Provide general litter pick up around the municipal containers as required. 4. SUPPLIES 4.1 The Municipality will supply toilet paper, paper hand towels (if required), cleaning or sanitizing agents, scrub brushes, plungers etc for washrooms. 4.2 The Municipality will supply garbage bags for the insertion in waste containers 5. Service Period 5.1 The services shall be provided 7 days per week, commencing May 1st, 2015 and terminating September 30th, 2015. The service period may be extended by mutual agreement in writing. -5 - wsib cspaat Clearance Certificate/Certificat de decharge Contractor Legal 1 Contractor Address! Contractor Principal Legal 1 Principal Address 1 Clearance Certificate Validity period (dd- Trade Name! Adresse de Classification Unit Trade Name 1 Adresse de Number 1 Numero du mmm yyyy)/Periode Appellation l'entrepreneur and Description 1 Appellation l'entrepreneur certificat de decharge de validite commerciale ou Unite de classification commerciale ou principal (jjlmmlaaaa) 1 raison sociale de de('entrepreneur et raison sociale de l'entrepreneur description l'entrepreneur principal MARC CERNA/ 53751 VIENNA LINE, 9953-001:JANITORIAL CORPORATION OF PO BOX 160, S00000069UVN 16-Feb-2015 to 19- CERNA PORT BURWELL, ON, OPERATIONS THE MUNICIPALITY STRAFFORDVILLE, May-2015 ENTERPRISES NOJ 1TO, CAN OF BAYHAM/ ON, NOJ 1Y0, CAN TOWNSHIP OF • BAYHAM Page 1 of 1 wsibWorkplace Safety 200 Front Street West Premium Rate Statement ii &Insurance Board Toronto ON /`s a�r pro s sslon de la securltd ��,Id� O N T A R J OO contraa Iles a Idatss!assurance uira ai M V'3J1 Account No.: 5494955 Date DECEMBER 9, 2015 CERNA ENTERPRISES MARC CERNA 53751 VIENNA LINE PORT BURWELL ON NOJ 1TO Dear Employer Every year,the Workplace Safety and Insurance Board (WSIB)sets a premium rate for each rate group based on the collective work-related-injury experience of its members.This rate covers the costs of new injuries and overhead expenses,and the cost of paying off the unfunded liability. Your premium rate is the amount you are required to remit to the WSIB for every$100 of insurable earnings you pay your workers.The table below shows your rate group(s)and premium rate(s)for 2014 and 2015. If ycu need more information about your 2015 premium rate(s),you can visit our website at WWW.WSIb.on.ca. Rate Group 2014 Rate 2015 Rate 923 $ 3.73 $ 3 . 73 3139A(18/14) [intact] , 1 Ciniact] :,a b A , t 11 0 .,Office 7M 4tlt•�.rnry 41amle Sulu].SIM} tr.atrul.0•rua iSt.O I 1011'�sdOE®a"MO •�. trove uaa.l4 q Irmo. 3aamr MISt, AI Custom Edge Custom Edge Renewal Policy Number. ACCEL 501341568 Policy Number, ACCEL 501341568 ` -r,; Sorel relE4 a3- N' l I^r>:heeteant+e.et+-,yMr nereinrlltr caller Obi ta•er ._ TtxPahmDeLhreheertosethtrmill the SapplwassanMelina aer..Reim ardeamrhum ndmnand enkratmrst,eagy.reatalhptone pen •FtAM, Jy: M"' Bale lra•.v- , tiArf9F aII"a�COtcntlry}attsQlyiTotiar Ye62 Commie,'Oe'Nrali.nt i • ,..,,,�_.._ .._, ...�._:,.,,,i.'4'•. 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Broker No 67888 Rehr®Boa Pdyras Total Policy Premium %513 Minimum Retained Policy Premium $0 AeNrmta piaenaen $dslr 8ldlhiy Method 'Pay-1 pay Additional Maured(e) Additional trauma t+ut' 'dv of Hsalese PO 30•i*l $3 r aNKPasd Slratfordr3n O•NO.l 1SL 15 1,19441/4 alieneet ir4 kfink rIto d,l•ttr4-1 d 24r Pl".ivur'AO I.Areer:r n thts0.4110,"oar iit',gird or Undoes Woe:as orarme ied Fie -i siv'iudiat•ed kardersnni•.e M Irl.Ith.MYr Senior Vice President,Ontario Auto Repreerrtativa i Tidy Polley Contains a C1aus isl i hl$tj4s4 Limit tem Amount Parable March 23.MC INSURED CODY March 23.2615 INSUREC COPY