HomeMy WebLinkAboutBy-law No. 2009-069 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2009-069 y 18/x_ 2 Q-
A BY-LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM
AND
SHAUN SMITH 0/A SMITH AND SON GROUNDS MAINTENANCE
FOR THE PROVISION OF ADDITIONAL CEMETERY CARE SERVICES
WHEREAS the Corporation of the Municipality of Bayham is responsible for the
cemetery lands shown on the map attached hereto as"Map#3",hereinafter referred to as
the"lands";
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is
desirous of entering into an agreement for cemetery care services on these lands.
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 attached hereto as Schedule"A" and forming part of this by-law
between the Municipality of Bayham and Shaun Smith 0/A Smith and Son
Grounds Maintenance for the provision of cemetery care services.
2. THAT the respective individual cemetery boards reimburse the Municipality for
the costs incurred.
3. AND 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
7TH DAY OF MAY 2009.
i a
R C ERK
Schedule"A"to B/L 2009-069
AGREEMENT
MUNICIPALITY OF BAYHAM
CEMETERY LANDSCAPE SERVICES
THIS AGREEMENT made in triplicate this 7th day of May 2009.
BETWEEN:
SHAUN SMITH 0/A SMITH AND SON GROUNDS MAINTENANCE
(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 is responsible for the maintenance,management and
control of the lands shown on the map attached hereto as "Map#3",hereinafter referred
to as the"lands";
AND WHEREAS the Contractor wishes to provide cemetery care services for the said
lands;
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 Municipality grants permission to the Contractor to enter upon
municipal lands for the purpose of maintaining the lands.
2. The Contractor agrees to provide cemetery care and maintenance as
needed for the lands.
3. The Municipality shall pay to the Contractor for the following properties,
the sum,payable within 30 days of receipt of invoice as follows:
Municipality of Bayham Cemeteries
Cemetery Name Property Location Quote per cut per site
1 Bayham West 53688 Heritage Line(west of
Richmond) $ 100
2 Eden 56897 Eden Line $ 150
3 Smuck 55177 Jackson Line $ 40
Schedule"A"to B/L 2009-069
4. The Contractor agrees to indemnify the Municipality and save it harmless
from and against any and all claims, actions, damages, liability and expenses,
in connection with loss of life,personal injury, or damage to property arising
from any occurrence on said lands howsoever such claims may arise,
providing proof of liability insurance not less than$ 2,000,000 prior to May 1,
2009 and that the insurance shall name the Municipality of Bayham as an
additional insured. The Contractor shall provide proof of same to the
Municipality.
5. 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& Insurance Board.
6. The Contractor will observe and adhere to the standards set out in Appendix
"A" attached hereto.
7. The Contractor shall not impede parking,pedestrian or vehicular traffic to the
subject lands.
8. The Municipality shall have access to the site and surrounding area at all
times.
9. The Contractor shall not subcontract any or all of this agreement without the
prior and express approval of the Municipality.
10. This Agreement may be terminated at any time by either party giving the
other party 30 days written notice of termination.
IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their
hands and Corporate Seals this 16th day of April 2009.
SIGNED AND WITNESSED
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
) atAt-
) ynn cre,MAYOR
‘;ai.. ... .
) Lynda Millard,CLERK
)
)
In the Presence of ) CONTRACTOR
)
)
)
)
Witness )
)
Schedule"A"to B/L 2009-069
APPENDIX"A"
CEMETERY MAINTENANCE
SCOPE OF WORK
1. GENERAL- SERVICE
1.1 Except as otherwise expressly provided the contractor shall furnish all 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 whatever source.
1.3 The contractor shall be responsible for all damages caused during the
performance of the work during the term 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 Municipality will, at it's discretion, result in an alternate contractor being
hired to do the work with the cost of 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.
2.1 TERM OF CONTRACT
This contract shall be in force for a period of one year, commencing May 1 in the
year in which it has been awarded, and may be renewed for an additional two
years at the agreement of both the contractor and the Municipality.
2.2 PAYMENT
Invoices shall be submitted to each Cemetery Board in care of the Municipality
on a monthly basis starting one month from the commencement of work.
3. DESCRIPTION OF WORK
3.1 Lawns and Grassed Areas
3.1.1 Thoroughly rake all grassed areas to remove debris and dead grass early in
May.
3.1.2 All debris shall be picked up prior to mowing operations. Mowing of all
turfed areas shall be performed on an "as needed" basis (including
immediately prior to Mother's Day, Father's Day and Decoration Day) to
ensure grass does not exceed 4" in height. The grass is not to be cut to a
height of less than 2". Reduced or additional cuts are to be performed at
the request of a Board member or the Municipality.
3.1.3 Municipal grassed areas along public roadways abutting the cemeteries
(where possible) are included in this contract.
3.1.4 Trimming of grass adjacent to monuments,markers fences, trees, etc. shall
be done immediately after each mowing.
3.1.5 Leaves shall be raked and disposed of when they fall from the trees in
autumn.
Schedule"A"to B/L 2009-069
Appendix"A" Pg 2
3.2 Pruning and Trimmint Trees
3.2.1 Pruning for trees up to 16 feet in height - Pruning shall consist of the
removal of excess sucker growth, dead wood and interfering growth, the
thinning of branches where necessary, clearing growth from buildings and
the shaping of trees. All pruned branches of a diameter greater than 1 inch
and all exposed wood or scars resulting from previous work damage shall
be painted with approved tree wound paint. Trees or branches which are
weak shall be cabled or braced in accordance with approved tree bracing
methods. Workmen shall not be permitted to climb live trees with
climbing spurs, but they shall employ accepted tree climbing methods.
Timber, brush and all other debris resulting from this work shall be
entirely removed from the project and disposed of by the contractor at his
own expense on the same day trees are pruned.
3.2.2 Trimming, and removal of dead growth, of all hedges and shrubs shall be
performed during June (evergreens),in June, July and September
(deciduous) and vines are to be trimmed as required to present a neat
appearance.
Cemetery Decoration Days
• 3'd Sunday in August Smuck
• 4th Sunday in August Bayham West
• 1St Sunday in September Eden
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