HomeMy WebLinkAboutBy-law No. 2023-052THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-052
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND
AGATHA'S CLEANING SERVICES
FOR PROVISION OF WASHROOM MAINTENANCE SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
grants a broad scope of powers to municipalities to govern their affairs as they consider
appropriate;
AND WHEREAS RFP 23-01 was awarded to Agatha's Cleaning Services on June 15,
2023 for Washroom Maintenance Services;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is
desirous of entering into an agreement for the provision of Washroom Maintenance at
the following Municipal owned locations in the Municipality of Bayham;
9 Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and
• Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Clerk be and are hereby authorized to execute the
Agreement attached hereto as Schedule "A" and forming part of this by-law
between the Municipality of Bayham and Agatha's Cleaning Services for the
provision of washroom maintenance services;
2. THAT By-law No. 2022-032 be repealed as of June 27, 2023;
3 THAT this By-law shall come into full force and effect on June 27, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15t" DAY
OF JUNE, 2023.
r _ _
+MAYOR
AGREEMENT
PORT BURWELL EAST BEACH & PORT BURWELL COMMUNITY PARK
WASHROOM MAINTENANCE
THIS AGREEMENT DATED THE Z � DAY OF JUNE, 2023
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the "Municipality")
of the First Part
And
Agatha's Cleaning Services
(Hereinafter called the "Contractor") of the Second Part
WHEREAS The Municipality contracts for Washroom Maintenance at the following
Municipal owned locations:
• Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and
i Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON
NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained,
the payments required hereby, and such other consideration as the parties hereto
deem acceptable, the parties agree as follows:
Section 1- Definitions
For the purposes of this Agreement,
"Council" shall mean the Council of the Corporation of the Municipality of
Bayham;
"CAOICIerk" shall mean the Chief Administrative Off icerlClerk of the Municipality
of Bayham or designate;
Section 2 --General Provisions
. 1 The Contractor shall be solely responsible for Port Burwell East Beach, 1
Robinson Street, Port Burwell, ON & Port Burwell Community Park, 55461 Nova
Scotia Line, Port Burwell, ON Washroom Maintenance within the Municipality of
Bayham for a four (4) year time period from 2023 — 2027 in accordance with this
Agreement with two additional one year municipal mutual options to extend the
contact, and agrees to carry out said services in accordance with this Agreement
and in accordance with the reasonable directions given by the Manager of Public
Works, or designate from time to time.
2 2 Pursuant to Section 2.1 of this Agreement should the contract be extended for
the option years, the 2027 fees, indicated in Appendix'B' shall be indexed by
1.5% in 2028 and an additional 1.5% in 2029.
2.3 The Contractor hereby covenants 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.
2.4 The Municipality hereby covenants to pay the agreed upon price as per
Appendix 'B' to the Contractor thirty (30) days from the receipt of invoice for
services Invoices will be based on actual services provided the previous month.
2_5 The Contractor shall be responsible for any damage made to Municipal or
private properly. Any damage will be repaired at the expense of the Contractor
and approved by the Municipality.
2.6 The Contractor shall maintain and pay for Comprehensive General Liability
Insurance in an amount of not less than two million ($2,000,000.00) naming the
Municipality of Bayham as an additional insured in respect of all operations
performed by or on behalf of the Municipality. The coverage shall not be
altered, cancelled or allowed to expire or lapse without thirty (30) days prior
written notice to the Municipality. A Certificate of Insurance shall be filed with
the Municipality upon the signing of the Agreement and annually thereafter
throughout the term of the Agreement.
2.7 The Contractor shall furnish to the Municipality, upon the execution of this
Agreement, copies of the certificate of Insurance showing it has complied with
the provisions of Section 2.6 including naming the Municipality as an additional
inured.
.8 The Contractor shall agree to fulfil all of his obligations in compliance with the
Occupational Health and Safety Act and further agrees to take responsibility for
any health and safety violation that may occur. The Contractor shall indemnify
and save harmless the Municipality from any and all charges, fines, penalties
and costs that may be incurred or paid by the Municipality.
2.9 The contractor shall provide a Certificate from Workplace Safety and Insurance
Board indicating that all payments by the Contractor to the WSIB in conjunction
with this Agreement have been made and that the Municipality will not be liable
to the Board for future payments in connection with the Agreement. The
Certificate shall be provided upon signing of the Agreement and yearly
thereafter until the expiry or termination of this Agreement.
2.9 The Contractor shall indemnify and save harmless the Municipality from all
injuries and accidents from any work undertaken as a result of this Agreement
save and except from damage caused by the negligence of the Municipality or
their employees.
Section 3 - Administration
3-1 This Agreement shall take effect on the 27t" day of June, 2023 and shall remain
in effect until December 31, 2027.
3.2 Payment shall be made in accordance with the attached Appendix'B' net thirty
(30) calendar days following receipt of invoice.
3.3 The Municipality or Contractor may terminate this Agreement upon forty-five
(45) days notice in writing to the other party. Such notice may be mailed by ordinary
prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth
day following the date of the mailing.
3.4 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
in the case of the Municipality:
Attention: CAOICIerk Municipality of Bayham PO Box 160
56169 Heritage Line Straffordville, ON NOJ 1YO Office: (519) 866-5521
in the case of the Contractor:
Attention: Agatha's Cleaning Services
58 Victoria Street Port Burwell, ON NOJ 1T0 519-403-6590
Section 4 - Aareement Definition
4.1 In construing this Agreement, words in the singular shall include the plural and vice
versa and words importing the masculine shall include the feminine, and the neuter and
vice versa, and words importing persons shall include corporations and vice versa.
IN WITNESS WHEREOF the parties have duly executed this Agreement this day of
June, 2023.
Authorized by
Bayham By-law No. 2023-052
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this day of June, 2023.
In the presence of }
}
Witness: } Agatha,'rs Cleaning SerSr s
Appendix A — Service Guidelines
Open washroom doors daily at 8:00 am and lock daily at 9:00 pm
At each washroom cleaning confirm the Water Refill Station is working by flowing
water through the refill port as well as the fountain. If the unit is not operating, check
the GFI receptacle it is plugged into inside the mechanical room. Wipe down the unit
with a sanitizing wipe or a chlorine solution to keep it in a sanitary condition. Log
dates/times of the checks, confirmation that the unit is working and of sanitation
process. Log may be left in mechanical room.
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.
Saturdays and Sundays including Holidays requires one (1) extra cleaning
between 12-2 pm.
Ensure supplies including toilet paper and paper hand towels are in place.
Remove all waste from receptacles in facilities and locations and transport to Public
Works yard dumpsters and recycling bins at 8354 Plank Rd.
Remove all waste and recycling from the receptacles in each location which includes
but is not limited to:
Port Burwell Beach Area
• East Beach Washrooms
Mid -parking Lot
Accessible Viewing Platform
Pier
Other locations as added.
Playground and Pavilion - 55461 Nova Scotia Line, Port Burwell
Clean litter and any broken glass around the facilities and beach area.
Sweep sidewalks clear of sand.
Appendix B — Fees
WEEKLY FEE FOR
SERVICES
EAST BEACH WASHROOM $1,000.00
MAINTENANCE/ COMMUNITY PARK
WASHROOM MAINTENANCE 11
our
SUB TOTAL
HST
WEEKLY TOTAL 11 $1,130.00
EA