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By-law No. 2021-004THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2021-004 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RAMONA PEIDL FOR PROVISION OF RECYCLING RECEPTACLE SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for the provision of recycling receptacle services in the Municipality of Bayham; 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 Ramona Peidl for the provision of recycling receptacle services; 2. THAT By -Law No. 2017-101 is hereby repealed; 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 215t DAY OF JANUARY 2021. MAYOR AGREEMENT RECYCLING RECEPTACLE SERVICES THIS AGREEMENT DATED THE 111 DAY OF January, 2021. BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality" of the First Part and Ramona Peidl (Hereinafter called the "Contractor") of the Second Part WHEREAS The Municipality contracts for Recycling Receptacle Services at various Municipally owned locations within the Municipality of Bayham; 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 "CAOICIerk" shall mean the Chief Administrative OfficerIClerk of the Municipality of Bayham or designate; Section 2 - General Provisions 2.1 The Contractor shall be solely responsible for Recycling Receptacle Services within the Municipality of Bayham for a two (2) year time period from 2021 — 2022 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 2022 fees, indicated in Appendix 'C' shall be indexed by 1.5% in 2023 and an additional 1.5% in 2024. 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 `C' to the Contractor within 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 property. 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. 2.10 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 1st day of January, 2021 and shall remain in effect for a period of two (2) years. .2 It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality for the first two (2) years of the Agreement with an increase of 1.5% in year three (3) and an additional increase of 1.5% in year four (4). 3.3 Payment shall be made in accordance with the attached Appendix `C' net thirty (30) calendar days following receipt of invoice. _4 The Municipality or Contractor may terminate this Agreement for any reason upon giving eighty (80) 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 eightieth 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: Attention: CAOICIerk Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 cao.ft-bayham.on.ca h) in the case of the Contractor: Attention: Ramona Peidl 55867 Third Street PO Box 54 Straffordville, ON NOJ 1Y0 Phone: 519-866-5957 Cell: 519-550-4298 ramona.peidll 964@gmail.com Section 4 - Agreement Definition 4 ' 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 ? r' / . Authorized by Bayham By-law No. 2021-004 )THE CORPORATION OF THE )MUNICIPALITY OF BAYHAM ) Mayor Clerk WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this day of "'/ 1 In the presence of ) Wit ess: j Ramona Peidl Appendix "A" RECYCLING RECEPTACLE SERVICES SCOPE OF WORK 1. GENERAL V 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 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 municipal standards of service and workmanship will result in termination of the contract 2. DESCRIPTION OF WORK— RECYCLING RECEPTACLE SERVICES _1 Empty refuse and recycling materials from the Public Space Receptacles throughout Municipality and place in the appropriate bins provided by the Municipality at 8354 Plank Rd. 2.2 Provide general litter pick up around the municipal containers as required. 3. SUPPLIES 3.1 The Municipality will supply bags for the insertion in public space receptacles. 4. SERVICE PERIOD 4.1 The services shall be provided three (3) times per week, Monday, Wednesday and Friday commencing annually on May 1s', and terminating September 30'h. The service period may be extended by mutual agreement in writing. APPENDIX `B' The Locations for the Public Space Receptacles would be as follows: a. (1) Port Burwell Memorial Park b. (2) Robinson Street, Port Burwell c. (1) Port Burwell Gazebo d. (1) Wellington Street, Port Burwell e. (1) Port Burwell Ball Diamond/Playground f. (1) Marine Museum, Port Burwell g. (1) Port Burwell Library h. (1) Vienna Memorial Park (Pavilion) i_ (1) Vienna Community Centre j. (1) Vienna Community Centre Playground k. (1) Straffordville Library I. (6) Straffordville Community Centre i. New Front Doors ii. Front Diamond iii. Pavilion iv. Rear diamond v. Playground vi. Garbage Transfer Bin m. (1) Straffordville Intersection n. (2) Corinth Park i. Playground ii. Pavilion o. (1) Eden Playground p. (1) Richmond Playground The Municipality may add additional bins. APPENDIX `C' WEEKLY FEE FOR SERVICES RECYCLNG RECEPTACLE SERVICES $375.30 SUB TOTAL $375.30 HST $ 48.79 WEEKLY TOTAL $424.09 At the request of the Municipality, the Contractor may perform additional services for the Recycling Receptacle Services at a rate of $16.50/hr.