1998-066 To Authorize the Execution of an Agreement with Mid-Ontario Disposal for the Collection, Transporting and Recyling of Municipal Garbage
,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98"66
Being a By-law to Authorize the Execution of an Agreement with Mid-Ontario Disposal for
the Collection, Transporting and Recycling of Municipal Garbage.
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WHEREAS the Municipal Act, R.S.O. 1990, as amended, Chapter MAS, Section 210(89)
provides that Council may pass by-laws for contracting with any person for the collection,
removal and disposal by him of ashes, garbage and other refuse upon such time and conditions as
may be considered expedient.
AND WHEREAS it is deemed expedient to enter into and execute an Agreement with Mid-
Ontario Disposal for the collection of garbage within certain areas of the Township of Oro-
Medonte for a three year period commencing July 1, 1998.
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte hereby
enacts as follows:
I. That we hereby authorize the entering into and execution of an Agreement between The
Corporation of the Township ofOro-Medonte and Mid-Ontario Disposal for the purpose
ofthe collection, transport and recycling of municipal garbage, in accordance with the
attached agreement.
2. That the said agreement attached hereto shall form part of this By-law and be entitled
Schedule "A".
3. That the Mayor and Clerk are hereby authorized to execute all documents to effect the
provisions of the By-law.
4. That this By-law shall come into force and have effect on the final passing thereof.
By-law read a first and second time this 17th day of June, 1998.
By-law read a third time and finally passed this 17th day of June, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR, IAN BEARD"
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CLERK, LYNDA AIKEN
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SCHEDULE "A"
THIS AGREEMENT MADE THIS 30'h DAY OF JUNE, 1998
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
On behalf of the Corporation of the County of Simcoe
(hereinafter called the "Township")
OF THE FIRST PART
- and -
MID-ONTARIO DISPOSAL
(hereinafter called the "Contractor")
OF THE SECOND PART
WHEREAS the Contractor has submitted a tender (the "Tender") to the Township for the provision of waste
haulage services at the price and under the terms and conditions set forth therein:
AND WHEREAS the Township has awarded the Tender to the Contractor;
AND WHEREAS it is a requirement of the Tender documents that the successful bidder shall enter into a contract
with the Township as hereinafter set forth;
NOW THEREFORE for good and valuable consideration the receipt aud sufficiency of which is hereby
acknowledged the parties hereto agree as follows:
1. THAT the Schedule of Items and Prices for Solid Waste; the Schedule of Items and Prices for Recyclable
Materials; Definitions (Article 1.0); the Instruction to Tenderers (Article 2.0); Solid Waste Collection
Information for Tenderers (Article 3.0); Recyclable Materials Information for Tenderers (Article 4.0);
and specifications for Tenderers (Article 5.0); each of which form part of the Tender documents, are
hereby incorporated into and form part of this agreement and all of the terms, conditions and
specifications contained in the Schedule ofItems aud Prices for Solid Waste, the Schedule ofItems and
prices for Recyclable Materials, Definitions (Article 1.0); the Instruction to Tenderers (Article 2.0), Solid
Waste Collection Information for Tenderers (Article 3.0), Recyclable Materials Information for Tenderers
(Article 4.0) and specifications for Tenderers (Article 5.0) constitute the terms, conditions and
specification of this Agreement and shall be read as part of this Agreement mutatus mutandis.
2. THAT the term of this Agreement will commence on July I, 1998 and shall continue for a period of three
years nntil June 30, 2001.
3. THAT the Contractor hereby agrees to perform services and supply the personnel and equipment
necessary to perform the services as set forth in Article 1.0, Article 2.0, Article 3.0, Article 4.0, and
Article 5.0.
4. THAT the Township hereby agrees to make payment to the Contractor pursuant to the Schedule of Items
and Prices for Solid Waste Management and Schedule ofItems and Prices for Recyclable Materials
(Option 2), and in accordance with the payment provisions of the Instruction to Tenderers.
5.
THAT the Contractor agrees that prior to commencement of services contemplated by this Agreement,
the Contractor shaH furnish to the Township, a bond by a surety company or an irrevocable Letter of
Credit in a form satisfactory to the County and from an institution acceptable to the County in the amount
of $50,000.00 as security for the performance of the Contractor's obligations hereunder.
6. THAT the parties hereto agree that in the event of a breach by the Contractor of any of its obligations
hereunder (hereinafter a "Event of Default") then the Township shall inform a Contractor of the Event of
Default in writing. The Contractor shall immediately remedy the Event of Default at its own expense
within five (5) business days, failing which the County may exercise any remedy available to it at law
including, without limitation, the following:
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a) The Township may itself remedy the Event of Defanlt and deduct the cost thereof from monies
owing to the Contractor.
b) The Township may terminate this Agreement forthwith. In the event that the Local Municipality
does so tenninate this Agreement then the obligations of the parties hereto each to the other shall
cease save and except with respect to obligations owing and monies earned prior to the effective
date of the tennination of the Agreement
7.
THAT the Contractor shall not be entitled to assign any of its rights, entitlements or benefits under this
Contract or to subcontract the performance of the obligations hereunder without the express written
consent of the County, which consent the County may arbitrarily refuse.
8. THAT the Director of the Solid Waste Management Department for the County may delegate, to any
other person employed by the County or the Township, any authority grated to him hereunder including,
without limitation, any authority contained in Article 1.0, Article 2.0, Article 3.0, Article 4.0 and Article
5.0.
9. THAT this agreement shall enure to the benefit of the respective parties hereto and their respective
administrators, successors and assigns.
10. THAT this Agrcement will he governed by and construed according to the laws of the Province of Ontario
and the laws of Canada applicable therein.
IN WITNESS WHEREOF the parties have hereunto affixed their respective seals and signed by the duly
authorized signing authorities on their behalf.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE,
on behalf of the Corporation of the County of Simcoc
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Per:
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Mayor, Township of O:rh-Medonte
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Clerk, Township of Oro-Medonte
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MID-ONTY:'7
Per:
MidOntarioAgreement