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HomeMy WebLinkAboutBy-law No. 2006-098 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.#2006-098 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RODGER MARTIN FOR THE PROVISION OF 2007 DOG LICENCE AGENT SERVICES WHEREAS the Municipality of Bayham is desirous of entering into an agreement for the provision of dog licensing services for the residents of the Municipality for the year 2007; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a contract agreement for provision of said services with Rodger Martin. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: I. 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 Rodger Martin for the provision of 2007 dog licence agent services. 2. THAT this By-law shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd day of November 2006. II ' ' , blearj MAY S. CLEC Page 2 Schedule"A"to By-law#2006-098 AGREEMENT MUNICIPALITY OF BAYHAM 2007 DOG LICENCE SERVICES THIS AGREEMENT made in triplicate this 2nd day of November 2006. BETWEEN: RODGER MARTIN Address: #56481 Eden Line,RR#1 Eden NOJ 1H0 Telephone: (519) 866-3909 Hereinafter referred to as"the Contractor" -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter referred to as"the Municipality" WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for the contracted services of a dog licence agent to assist the By-law Enforcement Officer with the issuance of 2007 dog licences within the geographical area of the Municipality of Bayham; NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The Contractor hereby convenants and agrees to perform door to door collection of dog licences at all residences within the whole of the Municipality of Bayham, as shown on Schedule"A" affixed hereto. 2. The Contractor hereby convenants to perform such services during the period of February 1St to March 31St, 2007. 3. The collection of fees for issuance of dog licences shall be in accordance with the Municipal Dog Control By-law#2001-94,enacted November 15, 2001,as amended by By-law#2001-110 and By-law#2003-093, and receipts shall be given for every licence issued. The Contractor shall submit to the Municipality copies of such licences and all funds collected on a minimum bi- weekly basis. 4. The Municipality hereby covenants to pay to the Contractor the sum of EIGHT($8.00) DOLLARS per licence issued. Payment will be made within twenty(20)days following the submission of completed licence books; and at the end of the service period or upon completion of services if such occurs sooner. 5. The Contractor covenants and agrees as follows: (a) They 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 coverage for and including bodily injury, death or property damage; (b) They shall furnish to the Municipality,upon the execution of this Agreement,copies of the certificates of insurance, showing that they have complied with the provisions of Paragraph 5(a)including naming the Municipality as an additional insured. 6. The Contractor shall indemnify and save harmless the Municipality and their employees from all actions, suits,claims 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. 7. The Contractor shall furnish to the Municipality,upon the execution of this Agreement, a Clearance Certificate issued by the Workplace Safety&Insurance Board,which waives its rights under Section 11(3),R.S.O. 1990 of the Workers'Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Workplace Safety &Compensation Board. In the case the Workplace Safety&Insurance Board refuses to issue such certificate,a waiver form satisfactory to the municipality shall be executed. 8. The contractor shall use his or her own vehicle for carrying out this service. 9. In situations in which the contractor believes a resident is in possession of a dog or dogs,and the resident is unable or unwilling to acquire the required licence,the contractor shall make two (2) separate attempts to collect. If after two attempts,the licence is not issued,the contractor shall Page 3 Schedule"A"to By-law#2006-098 advise the Municipality of the address,dates and times visited,and details of evidence of dogs. Should the Municipality collect licence fees as a result of the information submitted,payment as included pursuant to the terms set out in paragraph 4 of this Agreement, and shall be paid by the Municipality to the Contractor. 10. Where the Contractor identifies that a single residence may be in possession of: (a) more than two(2)dogs on any premises within a hamlet or village area as designated on the Official Plan of the Municipality of Bayham,more specifically designated as that part of the Hamlet of Calton lying east of Richmond Road, the Hamlet of Corinth,the Hamlet of Eden, the Hamlet of North Hall,the Hamlet of Richmond,the Village of Port Burwell,the Village of Straffordville, and the Village of Vienna; (b) more than three(3)dogs,on any premises in all other areas within the Municipality of Bayham; the Contractor shall advise the resident to contact the Municipality, and shall supply to the Municipality the name and address,date and time visited, and details and evidence of the number of dogs located on the premises. 11. The Municipality shall supply to the contractor an identification card bearing their photograph, which shall be displayed for all persons contacted by the contractor,while providing dog licencing services. Such card shall be returned to the Municipality immediately at the end of the service period. 12. This Agreement shall enure and be binding upon the Parties hereto when attached to and confirmed by By-law of the Council of the Municipality and signing by the Contractor and shall not be assigned without the consent of the Municipality. IN WITNESS WHEREOF I HAVE HE TO SET MY HAND AND SEAL. CONTRACTOR: . MdT d 6 Date WITNESS: t AI 1ALII*1)9) 111 Date IN WITNESS WHEREOF THE CORPORATE SEAL OF THE MUNICIPALITY IS HEREUNTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. AUTHORIZATION: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 41A_J /1)d J ala G� #2006-098 Mayor Date —/ t1, /1J0 u Clerk Date I