HomeMy WebLinkAbout02 094 cemetery maintenance 02
TIlE CORPORATION OF TIlE MUNICIPALITY OF KINC INE
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BY-LAW
NO. 2002 - 94
A BY-LAW TO AUTHORIZE THE EXECUTION OF A C~NTRACT FOR
THE PROVISION OF CEMETERY MAINTENAN E AND
SERVICE FOR THE TIVERTON AND PORT BRUCE CE ETERIES FOR
THE MUNICIPALITY OF KINCARDINE
It
WHEREAS the Council for The Corporation of the Municipal ty of Kincardine
deems it advisable to enter into a service contract for the provi ion of Cemetery
Maintenance for The Tiverton Cemetery and The Port Bruce Cemetery in the
Municipality of Kincardine. I
AND WHEREAS the Council for The Corporation of thel Municipality of
Kincardine deems it advisable to enter into a service contract Wi~h Randy Roppel
for the provision of these services; i
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NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows: I
1. That the Corporation of the Municipality of Kincardine ent1'" into a contract
with Randy Roppel to provide Cemetery Maintenance for 1he Tiverton and
The Port Bruce Cemeteries for the Municipality; i.
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2. That the Mayor and Clerk be authorized to sign, on behalf 0 The Corporation
of the Municipality of Kincardine the contract with Randy R ppel attached to
this by-law and to affix the corporate seal as and when requi d.
e 3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the ·Cemetery Maintenance Ti~erton/Port Bruce
2002, By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASJED this
10th day of July, 2002. i
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THIS CONTRACT, Made in triplicate, this
BET WEE N:
~µ., day of J Þ-fy
,2002
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
herein referred to as "the Municipality"
-and-
RANDY ROPPEL,
herein referred to as "the Contractor"
WHEREAS the Municipality is desirous of arranging for the provision of
maintenance services for The Tiverton Cemetery and The Port Bruce Cemetery
offered by a provider independent of the Municipality;
AND WHEREAS the Contractor has offered to provide the necessary services
required by the Municipality for the purposes of offering to its residents the provision
of maintenance of the Tiverton and Port Bruce cemeteries.;
NOW THEREFORE WITNESSETH in consideration of the recitals, the covenants
contained herein, and the sum of Two Dollars ($2.00) mutually exchanged between
the parties, receipt whereof is hereby acknowledged, the Parties hereto agree as
follows:
1.0 DEFINITIONS:
For the purposes of this Contract:
1.1 ·Council" means the Council of the Municipality
1.2 "MuniciDal Clerk" means the Clerk of the Municipality of Kincardine, or any
person duly appointed by Council to act in her absence and on her behalf
for the purposes of this Contract or generally.
1.3 "Emeraencv Service" means responding to calls:
(a) outside normal hours to provide for public safety or any
threatening, damaging situation which may arise at the Tiverton
or Port Bruce cemeteries.
2.0
SERVICES TO BE PROVIDED:
The Contractor shall provide to the municipality all services required as
Cemetery Superintendent and without limiting the generality of the foregoing,
agrees to:
2.1 Act as Cemetery Superintendent for The Tiverton Cemetery and The Port
Bruce Cemetery.
2.2 Coordinate and assist with all ground maintenance work in and around the
cemeteries, including but not limited to grass cutting, topping up of graves,
planting seeds and flowers, picking up litter, maintaining fences, and
vandalism clean up.
2.3 Make all the necessary arrangements for and assist with all burials in
regards to digging plots, cutting sod, cribbing graves, refilling and
preparing site.
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2.5
Maintenance Services Tiverton and Port Bruce Cemeteries.
By-Law No. 2002 - 94
Page 2 of4
Prepare monthly written reports and meet on site with the Public Works
Manager identifying the number and location of burials and document any
outstanding maintenance andlor other operating issues.
Liaison with Funeral Directors and recommend changes to operating
procedures that may result in better customer service.
3.0 PAYMENT:
For the provisions of all services set out above.
3.1 The Municipality shall pay to the Contractor a weekly rate of $100.00
per week.
3.2 Payment to be made at the end of each month.
4.0 EMPLOYEES OF THE CONTRACTOR:
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4.1 While the Contractor shall be responsible for maintaining all obligations
under this Contract under his personal control the Contractor shall be at
liberty to employ such subcontractors, agents or employees (herein
collectively referred to as "Contractor's staff') as the Contractor deems
necessary to complete all obligations under this contract. It is
specifically agreed that the employment of such subcontractors, agents
or employees does not in any way relieve the Contractor of his personal
liability under this contract, or his personal responsibility for the
fulfillment of each and every term thereof notwithstanding the
employment of such staff the Contractor shall in person or through an
accredited agent (notice of whom shall be given to the Municipality)
receive all notices, communications, orders, instructions or legal
service.
4.2 The Contractor shall only employ staff:
(a) who are fully trained and qualified for duties that they may be
required to undertake,
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(b) if required to operate a motor vehicle for the purpose of the
service provisions under this contract, such staff shall hold a
valid driver's license which must remain in good standing during
all times that such staff complete duties under this Contract;
and,
4.3 The Contractor shall supply to the Municipal Clerk a list of all staff who
are working or who the Contractor intends to have work on his behalf to
complete services under this contract, and the telephone number of
such staff, and the particular duties that they are to perform
4.4 The Contractor shall at all times pay, or cause to be paid, any
assessment or compensation required to be paid for his staff pursuant
to the Workers' Compensation Act, and upon failure to do so the
municipality may pay such assessment or compensation on behalf of
the Contractor and shall deduct or collect such expenses under the
terms of this Contract.
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4.5 The Contractor shall ensure that while providing any services required
to fulfill this contract, he shall comply at the minimum with the
Occupational Health and Safety Act, and municipal Health and Safety
Policies and any other applicable Health and Safety Legislation.
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Maintenance Services Tiverton and Port Bruce Cemeteries.
By-Law No. 2002 - 94
Page 3 of 4
4.6 The Contractor is responsible to pay any GST, CPP or employee tax
assessments related to this contract.
5.0 EQUIPMENT:
5.1 The Contractor will arrange for equipment under the direction of the
Public Works Manager.
6.0 TERM:
6.1 The term of this contract shall be from January 1st, 2002 to December
31st, 2002.
6.2 This contract may be terminated within 30 days of written notice by
either party.
7.0
INSURANCE:
7.1 The Contractor shall carry a policy, under a comprehensive form to
insure automobile liability for the vehicle of himself and any of the
Contractor's staff providing the services under this contract. The policy
shall cover all operations and shall have limits of not less than one million
dollars ($1,000,000) inclusive of bodily injury, liability and property
damage liability. The Contractor shall provide a copy of his automobile
insurance policy to the municipality
7.2 The Municipality shall carry, on behalf of the contractor a comprehensive
general liability policy to cover cemetery maintenance operations for the
Municipality of Kincardine, in addition to any other policies required, with
limits of at least two million dollars ($2,000,000) to cover bodily injury,
liability and property damage.
8.0 INDEMNIFICATION:
8.1 The Contractor agrees to indemnify and save harmless the municipality
from and against all actions, suits, claims and demands of any kind
which may be brought against or made upon the municipality, its
officers and employees which may sustain, incur or become liable for
arising out of any of the actions taken by the Contractor or his staff in
carrying its obligation under this contract including any such actions,
suits, claims and demands arising out of the negligence of the
Contractor or his staff.
9.0 NOTICE:
9.1 Any notice required or permitted to be given for the purposes of this
contract shall be in writing and shall be deemed sufficiently given if
personally delivered or delivered by registered mail as follows:
Municipalitv
Municipality of Kincardine
Municipal Administration Centre
1475 Concession 5, RR 5
Kincardine, Ontario
N2Z 2X6
Attention: Municipal Clerk
Contractor
Randy Roppel
Box 143
24 Queen Street
Tiverton, Ontario
NOG 2TO
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Maintenance Services Tiverton and Port Bruce Cemeteries.
By-Law No. 2002 - 94
Page 4 of 4
10.0 CONTRACT BINDING:
10.1 This contract shall enure to the benefit of and be binding upon the
municipality, its successors and assigns.
10.2 This contract shall further enure to the benefit of and be binding upon
the Contractor herein, his heirs, executors, successors and assigns.
10.3 In the event that any court of competent jurisdiction declares any
section of this contract to be void or ultra-vires, every other section shall
be deemed to still be in effect and binding between the parties.
)THE CORPORATION OF THE
)MUNICIPALlTY OF KINCARDINE
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)CONTRACTOR
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IN WITNESS WHEREOF the Municipality has
attested by the hands of its mayor and clerk this
The Contractor has hereunto set his hands this
SIGNED, SEALED AND DELIVERED
in the presence of
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hereto affixed its corporate seal
/5 day of 7ï.,o¿ ,2002.
day of . , 2002.
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Clerk - Rosa ine Graham
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