1998-011 To Authorize the Execution of an Agreement with Mid-Ontario Disposal for the Collection, Transporting and Recycling of Municipal Garbage
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
BY.LAW NO. 98-11
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Being a By-Law to Authorize the Execution of an Agreement with Mid-Ontario Disposal for
the Collection, Transporting and Recycling of Municipal Garbage,
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 dated May 7,
1997, with Mid-Ontario Disposal for the collection of garbage within certain areas of the Township of
Oro-Medonte for a one year period commencing July 1,1997,
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts
as follows:
a) THAT we hereby authorize the entering into and execution of an Agreement dated May 7,
1997, between The Corporation of the Township of Oro-Medonte and Mid-Ontario Disposal for
the purpose of the collection, transport and recycling of municipal garbage, in accordance with
the attached agreement.
b) THAT the said agreement attached hereto shall form part of this By-law and be entitled
Schedule "A",
c) THAT the Mayor and Clerk are hereby authorized to execute all documents to effect the
provisions of the By-Law,
d) 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 4th DAY OF FEBRUARY 1998,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF FEBRUARY 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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THIS AGREEMENT MADE THIS irH DAY OF MAY, 1997
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
On bebalf oftbe Corporation oftbe Connty of Simcoe
(bereinafter called tbe 'Townsbip")
OF THE FIRST PART
- and -
MID-ONTARIO DISPOSAL
(hereinafter called the "Contractor")
OF THE SECOND PART
WHEREAS the Contractor has submitted an extended tender (the "Extended Tender") to tbe Township for tbe
provision of waste hanlage services at the price and under the terms and conditions set forth tberein:
AN D WHEREAS the Townsbip has awarded the Extended Tender to the Contractor;
A ND WHEREAS it is a requirement of the Exteuded Tender documents that tbe successful bidder shaII euter into
a coutract witb tbe Township as hereiuafter set fortb;
NOW THEREFORE for good and valuable consideration the receipt and sufficiency ofwbich is bereby
acknowledged the parties bereto agree as follows:
t THAT the Schedule of Items and Prices for Solid Waste; the Schedule of Items and Prices for Recyclable
Materials; tbe Instmction to Teuderers (Article to); Solid Waste Colleetion Information for Teuderers
(Article 2.()); Recyclable Materials Information for Tenderers (Article 3.0); and specifications for
Tenderers (Article 4.0); eacb ofwhieb form part of the Teuder documents, are hereby incorporated into
and form part of this agreement and all of the terms, conditions and specifications coutained in the
Schedule ofItems and Prices for Solid Waste, the Scbedule of Items and prices for Recyclable Materials,
tbe Instruction to Tenderers (Article to), Solid Waste Collection Information for Tenderers (Article 2.0),
Recyclable Materials Information for Tenderers (Article 3.0) and specifications for Tenderers (Article 4.0)
constitute the terms, conditions and specification of this Agreement and shall be read as part oftbis
Agreement mula/us mutandis.
2. THAT the term of this Agreement will eommence on July I, 1997 and sball continue for a period of one
year until June 30, 1998.
3. THAT the Fall/1997 aud Springll998 Leaf and Yard Waste Collection changes to couform with the same
guidelines as set out by the County of Simcoe. (e.g., bmsh not to exceed 3mm)
4. THAT a 3% flat rate increase over the 1996 rates will come into force and effect on June 30, 1997.
5. THAT the Contractor hereby agrees to perfonn services and supply the personnel and equipment
necessary to perform the services as set forth iu Article to, Article 2.0, Article 3.0 and Article 4.0.
6. THAT the Township hereby agrees to make payment to the Coutractor pursuant to the Schedule of Items
aud Prices for Solid Waste Management and Schedule of Items and Prices for Recyclable Materials and in
accordance with the payment provisions of the Instruction to Tenderers.
7.
THAT the Contractor agrees that prior to commencement of services contemplated by this Agreement,
the Contractor shall furuisb 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.
8.
THA T the parties hereto agree that in the event of a hreach by the Contractor of any of its ohligations
hereunder (hereinafter a "Event of Default") then the Township shall inform a Contractor of the Event of
Default in writing. The Contractor shaII immediately remedy the Event of Defanlt 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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.
,
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a) The Township may itself remedy the Event of Default and deduct the cost thereoffrom monies
owing to the Contractor.
h) The Township may terminate this Agreement forthwith. In the event that the Local Municipality
does so terminate 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 termination of the Agreement.
9.
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.
to.
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 3J) and Article 4.0.
II. THAT this agreement shall enure to the benefit of the respective parties hereto aud their respective
administrators, successors and assigns.
12. THAT this Agreement will be governed by and construed according to the laws of the Province of Ontario
and the Jaws 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 Simcoe
Per:
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Mayor, Township of Oro-Medonte
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Clerk, Township of Oro-Medonte
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MidOntarioAgreement