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Home My WebLink AboutBy-law No. 2025-001THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-001 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND ENVIRONMENTAL E360 SOLUTIONS LTD. FOR THE PORTABLE WASHROOM SUPPLY, PLACEMENT AND CLEANING 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 RFT 04-24 — Portable Washroom Supply, Placement and Cleaning closed on December 10, 2024; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT 04-24 — Portable Washroom Supply, Placement and Cleaning to Environmental E360 Solutions Ltd. on December 19, 2024; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Environmental E360 Solutions Ltd. for the portable washroom supply, placement and cleaning, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Chief Administrative Officer be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by- law between The Corporation of the Municipality of Bayham and Environmental E360 Solutions Ltd. for the portable washroom supply, placement and cleaning; 2. AND THAT this by-law shall come into full force and effect as of January 1, 2025. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JANURAY, 2025. MAYO CLERK BETWEEN: THIS AGREEMENT DATED THE 16t" DAY OF JANUARY, 2025 The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality") and Environmental E360 Solutions Ltd. (Hereinafter called the "Contractor") of the First Part of the Second Part WHEREAS The Municipality contracts for the supply, placement and cleaning of portable washrooms at various locations within the Municipality; 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, 1.1 "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 "CAO" shall mean the Chief Administrative Officer of the Municipality of Bayham or designate; Section 2 - General Provisions 2.1 The Contractor shall be solely responsible for the supply, placement and cleaning of portable washrooms within the Municipality for a four year time period from 2025 — 2028 in accordance with this Agreement. 2.2 The Contractor shall supply all labour and equipment required for the supply, placement, cleaning and removal of portable washrooms within the Municipality. 2.3 The Municipality shall annually provide the Contractor locations and amounts of portable washroom units required. 2.4 The contractor shall be able to provide 24/7 emergency service to the locations provided at the start of each year with a maximum service time of 2 hours. 2.5 Units shall be able to be secured to a structure in an event of continuous vandalism occurs. (i.e. portable toilet tip overs) Page 1 of 4 .6 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 2.7 The Contractor shall be responsible for all damage to units and will not hold the Municipality liable for any damages to the units. _8 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. 2.9 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 of paid by the Municipality. 2.10 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. Section 3 —Administration 3.1 This Agreement shall take effect on the 1 st day of January, 2025 and shall remain in effect for a period of four (4) years. 3-2 It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality for the first three (3) years of the Agreement with an increase of 1.5% in year four (4). 3.3 Payment shall be made in accordance with the attached Appendix `A' net thirty (30) calendar days following receipt of invoice. 3A 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. 3.5 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: (a) in the case of the Municipality: Page 2 of 4 Attention: CAO Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 tthayerabayham.on.ca (b) in the case of the Contractor: Environmental 360 Solutions Ltd. 95 Eric T Smith Way, Unit 3 Aurora, ON L4G OZ6 Office: 1-855-486-4538 Section 4 - Agreement Definition i.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. Page 3 of 4 IN WITNESS WHEREOF the parties have duly executed this Agreement this 16th day of January, 2025. Authorized by Bayham By-law No. 2025-001 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 16th day of January, 2025. In the presence of } } r � ' o� Witne s: - } ��nmental E360 Solutions Ltd. Page 4 of 4 Appendix "A" 1. 2. 3. 4. 5. 6, 7. 8. 9. PLEASE RETURN THIS FORM WITH YOUR SUBMISSION PORTABLE WASHROOM LOCATIONS Port Burwell East Beach Vienna Memorial Park, Plank Road, Vlenna Vienna Corrlmunity Park, 17 Ann St. Vienna Strafl'fnrdville Ball uric, 56169 Heritage Llne, Strafford►rille Richmond Ball Park, Church Street. Riohrnmd I rxinth Park, Best L. ne, Oadrfth Eden Community Park. 56595 Eden Line Vienna Cancefl{ayak Launch, S Water St. Vienna AddManal Units may be required for festivals etc. Montt,l Rental Per fie ular Unit_ _ Weekly Cleaning Per Unit HST F TOTAL — — M-onthlY RentO Per Acces Vlfee. kly Cleaning Per Unit - -HST -- --- - TOTAL ANNUAL ITEMS _ ANNUAL $ 175-00 S asro _ Accessible Regular 1 Unit 2 Units 1 Unit 1 Unit 1 Unit 2 Units 1 Unit 1 Unit 1 Unit 1 Unit r---- - - - ~- - - -- PROVISIONAL ITTcIIMiIkS _ Dail Ry ental Per Unit of less tf3ark i Iantttl.� Additional fulanthl Units Per Unr# - — - I Additional Weekly Units i� Unit . -- IL) • s Extra leanln9 Per Urt�-- 2�d17 Sennce Gall +t — _ HST y} 15000 Bil'Gurd CGO �"Gll � V RESPONDENT'S NAME AND TITLE -SIGNATURE DATE Page 9 of 16