1994-116 Authorize the Execution of an Agreement with Mid Ontario Disposal for the collection, transport and recycling of garbage
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94- 116
Being a By-law to Authorize the Execution of an Agreement with Mid
ontario Disposal for the Collection, Transport and Recycling of
Municipal Garbage
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WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, 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 June 30, 1994 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, 1994.
NOW THEREFORE the Council of The Corporation of the Township of
Oro-Medonte hereby enacts as follows:
1. That we hereby authorize the entering into and execution of an
Agreement dated June 30, 1994 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.
2. That the said agreement attached hereto shall form part of
this By-law and be entitled Schedule "A".
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3.
That the Mayor and Clerk are hereby authorized to execute all
documents to effect the provisions of this by-law.
4. That this by-law shall come into force and have effect on the
final passing thereof.
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READ a first and second time this 13th day of July, 1994.
READ a third time and finally passed this 13th day of July, 1994.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYpR ROBERT DRUR
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DEPUTY CLERK LYNDA AIKEN
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Schedule !IAn
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THIS AGREEMENT MADE this3c~ay of -~(,("'G., 1994.
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-ONT ARlO 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 and sufficiency of
which is hereby acknowledged the parties hereto agree as follows:
1. The Schedule of Items and Prices for Solid Waste; the Schedule of Items and Prices for
Recyclable Materials; the Instruction to Tenderers (Article 1.0); Solid Waste Collection
Information for Tenderers (Article 2.0); Recyclable Materials Information for Tenderers (Article
3.0); and Specifications for Tenderers (Aricle 4,0); 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 of Items and Prices for Solid Waste, the
Schedule ofItems and Prices for Recyclable Materials, the Instruction to Tenderers (Article 1.0),
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 specifications of this Agreem6nl and shall be
read as part of this Agreement mutatus mutandis.
2. The term of this Agreement shall commence on July 1, 1994, and shall continue for a
period of three years thereafter.
3, 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 and Article
4.0.
4. The Township hereby agrees to make payment to the Contractor pursuant to the Schedule
of Items and 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.
5, The Contractor agrees that prior to commencement of services contemplated by this
Agreement, the Contractor shall 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.
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Agreement
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6. 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:
(a) The Township may itself remedy the Event of Default 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 Muncipality 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.
7. 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. 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 granted to him
hereunder including, without limitation, any authority contained in Article LO, Article 2.0,
Article 3.0 and Article 4.0.
9. This agreement shall enure to the benefit of the respective parties hereto and their
respective administrators, successors and assigns.
10. This Agreement will be 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 Simcoe
Per:
MID-ONTARIO DISPOSAL
Per:
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