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HomeMy WebLinkAbout07 062 Meter Reading (Accurate Meter) Agreement . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 062 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH JAMES G.J. JOHNSTON (o/a ACCURATE METER READING AND SERVICES LIMITED) FOR THE PROVISION OF WATER METER READING SERVICES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 270 (1) of the Municipal Act, 2001, S.D. 2001, c. 25 as amended, provides that a municipality shall adopt and maintain policies with respect to the procurement of goods and services; AND WHEREAS pursuant to the Municipality of Kincardine Purchasing Policy GG.2.17, Section 7.2 provides that where it is estimated that goods andlor services will cost between $5,000 and $9,999, the Department Head shall have authority to issue the necessary purchase order for such service provided that informal quotations were obtained; AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Council for The Corporation of the Municipality of Kincardine, deems it expedient to enter into a contract with James G.J. Johnston operating as Accurate Meter Reading and Services Limited for the provision of water meter reading services subject to the conditions of the agreement attached hereto as Schedule "A"; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with James G.J. Johnston (o/a Accurate Meter Reading and Services Limited) for the provision of water meter reading services, subject to the conditions contained in the said agreement. 2. That the Mayor and CAD be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, an agreement with James G.J. Johnston (ola Accurate Meter Reading and Services Limited) attached hereto as Schedule "A". . . .12 . . . . Page 2 Meter Reading (Accurate Meter) Agreement By-law By-law No. 2007 - 062 3. This by law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Meter Reading (Accurate Meter) Agreement By-law". READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this 2nd day of May 2007. This Agreement is made the 2.U)day of January, 2007. , This is Schedule " ~ " to By-Law NoPkv1-~passed thec2M.rl day o JI1 200.7 ~~~ ..-<1 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the ..Corporation") -and- JAMES G. J. JOHNSTON operating as ACCURATE METER READING AND SERVICES LIMITED (hereinafter called the ..Contractor") This Agreement witnesses that in consideration of the mutual covenants herein, the parties hereby agree as follows: 1. Definitions: The following terms shall have the following definitions: (a) .'Agreement" means the present Agreement between the Corporation and the Contractor, and the other Schedules shown on the face thereof, and any amendments hereto; (b) "Services" mean the services to be performed by the Contractor pursuant to this Agreement as more specifically set out in Schedule "A" attached hereto; (c) "Contractor's Personnel" includes all proprietors, partners, officers, directors, employees, and agents of the Contractor and any person for whom the Contractor is responsible ay law. 2. Contractors Obli2ation: The Contractor agrees to provide the Services at The Municipality of Kincardine in accordance with the specifications and frequency set out in Schedule "A". 3. Term: The Term of the Agreement is for the period, commencing January 2nd, 2007 and expiring SEPTEMBER 30th, 2009, unless tenninated sooner pursuant to the provisions of this Agreement. The Term may be extended by an additional term of ONE (1 ) year at the option of the Corporation in its sole discretion, provided that written notice of the Corporation's intention to extend the Term is given by the Corporation to the Contractor at least three months prior to the tennination of the Term. 4. Fee for Services: For the services the Corporation shall pay the Contractor the fee set out in schedule "A" within thirty (30) days of receipt of an invoice to the Corporation after the end of each month of the Term of this Agreement. S. Indeoendent Contractor: The Contractor is an independent service provider and is not an employee of, partner of, or in ajoint venture with the Corporation and is not entitled to any benefits which the Corporation gives or is required to give to its employees. 6. Contractor's Penonnel: The Contractor shall employ such trained, skilled and efficient personnel as required to perform the Services; shall supervise their work at all times; shall be solely responsible for all taxes, levies, charges and cost in respect of his personnel under any income tax, employment standards, labour relations, workers' compensation or any other enactment concerning his employment of personnel; and shall supply the Corporation with current personnel lists, showing the names of the Contractor's personnel and any changes as they occur. The Contractor shall promptly replace any personnel whose performance or conduct the Corporation, in its sole opinion, regards as unsatisfactory. The Contractor assumes the responsibility of assuring that his working forces are compatible with other forces within the Corporation and is responsible for making himself aware of those forces. 7. Comulianee with Laws: The Contractor represents that he has complied, and shall continue at his expense to comply, with all local, municipal, regional, provincial and federal by-laws, statutes, rules, regulations, standards and other enactments applicable to performance of the Services, and shall ensure that his personnel comply with the rules and regulations applicable to the subject locations. The Contractor shall maintain whatever permits or licences are required, and will provide the Corporation with copies thereof upon request. 8. Oualitv of Service: The Contractor warrants that the Services shall be performed diligently and in a first class manner. The equipment used in performing the Services shall be provided and maintained by the Corporation. In performing the Service the Contractor shall not commit any damage to property, or interfere with, disturb or annoy any tenant, occupant or property owner. 9. Health and Safety: The Contractor is solely responsible for the health and safety of all of the Contractor's personnel. The Contractor shall at all times comply with all Federal, Provincial, and local laws, rules, regulations, notices and orders respecting occupational health and safety, employment standards, workers' compensation, and any licensing, bonding, and permanent requirements in connection with the Services. 10. Insurance: The Contractor shall, at his expense, obtain and maintain in force throughout the Term, and any extensions or renewals thereof, insurance is adequate amounts for all risks normally insured against by someone performing work like the Services. Without limiting the foregoing, such insurance shall include Comprehensive General Liability Insurance with inclusive limits of not less than Two Million Dollars ($2,000,000.00) including personal and bodily injury, property damage, standard automobile coverage, contractual liability, contingent employer's liability and owner's and contractor's protective insurance coverage. All required insurance policies shall be in form acceptable to the Corporation. The Contractor shall provide satisfactory evidence of required insurance before commencement of the Services and from time to time thereafter within 48 hours of the Corporation's request therefore. 11. Default: (a) Either party may tenninate this Agreement, in part or in whole, upon thirty (30) days' prior written notice, should any provision of this Agreement be breached by the other party. If the Contractor becomes insolvent, bankrupt, or abandons the work, the Corporation has the right to terminate this Agreement without prior notice. (b) Upon occurrence of any default or breach of this Agreement by either party, and as long as the same shall be continued, the injured party may, at its option, upon notice to the other in writing, declare this Agreement to be in default, and any time thereafter, so long as the other party shall not have remedies or caused to be remedied all outstanding defaults and/or breaches, the injured party may elect, in accordance with the law and any other agreement between the parties to: (i) remedy the breach or non-performance, at the cost of the Contractor and the Corporations' cost of doing so will be deducted from the consideration payable under this Agreement or, where that consideration has already been paid, will be paid to the Corporation within seven (7) days after demand; and/or (ii) or in part. terminate the contractors right to continue with the work in whole In addition, the injured party shall be entitled to be reimbursed for its solicitors' fees, costs, and expenses, and shall be required to mitigate damages to the extent feasible. 14. Right To Terminate: Notwithstanding anything to the contrary contained in this Agreement, either party may terminate this Agreement upon at least thirty (30) days' prior written notice to the other. 15. Goveminl! Laws: This Agreement shall be construed and enforced in accordance with the Laws of Ontario. 16. Time of the Essence: Time is of the essence of this Agreement. 17. Entire Al!reement: This Agreement supersedes all previous agreements, understandings and representations between the parties hereto, comprises the entire agreement between the parties concerning the Services, and shall bind and enure to the benefit of the parties hereto, the successors and assigns of the parties. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 18. Notices: All notices required by this Agreement shall be in writing and shall be delivered or sent by registered mail postage prepaid or by a courier service with return receipt. Notices to the Contractor shall be addressed to: ACCURATE METER READING AND SERVICES LIMITED 338 11th Street West Owen Sound, ON N4K 3S8 Notices to the Corporation shall be addressed to: TIIE CORPORA nON OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5 RR #5, Kincardine, ON N2Z 2X6 Any such notice shall be conclusively deemed to have been given or made on the day upon which such notice is delivered or if mailed, then on the third business date following the date of the mailing or on the date the return receipt was refused by the receiving party, whichever date shall occur first, as the case may be (provided mail is then being delivered). Either party may at any time give notice of an address change and from and after giving of such notice, the address therein specified shall be deemed to be the address of such party for giving of notice hereunder. 19. Schedules: The following Schedules are attached hereto and form part of this Agreement: Schedule "A" - SERVICES and FEES IN WITNESS WHEREOF the parties have executed this Agreement this ~ t-fJ day of January 2007. THE CORPORA nON OF THE MUNICIPALITY OF KINCARDINE p~:d~9(~ Per: to bind the corporation JAMES G. J. J ON Operating as AC ARA TE METER READING AND SERVICES LIMITED SCHEDULE "A" SERVICES and FEES 1. The Contractor shall provide water meter reading services at and for all clients of the Corporation in the Town of Kincardine and/or as directed by the Corporation. The meter for each client shall be read once each quarterly month by alternating reading half of the area every two months during the term of this Agreement. The fee to be charged by the Contractor and paid by the Corporation per meter for this service is as follows: a) b) c) d) Outside water meters Inside Meters Driving Meters Driving Meters Rural $0.40; $0.80; $1.18; and $1.50 · Regarding (d) above, the parties agree to set a reasonable price therefore after the initial read in order to determine appropriate fee. 2. The Contractor shall provide a second re-reading of an individual client to check for errors, bad readings, or other readings disputed by the Corporation upon receiving notice from the Corporation. The fee to be charged by the Contractor and paid by the Corporation for this service is as follows: a) b) If the original reading was incorrect If the original reading was correct $0.00; 55.00; 4. In the event the Corporation required the Contractor to travel to the Municipality of Kincardine to perform services described in paragraphs two herein on a day other than one of the days designated to perform services in paragraph one herein, the Contractor shall be paid an additional fee of 525.00 for each such trip(s). 5. All amounts payable by the Corporation to the Contractor for services provided hereunder shall be exclusive of any Goods and Services Tax (GST) payable thereon and the Corporation shall, in addition to the fees payable, pay to the Contractor all amounts of GST imposed on the Contractor with respect with respect to the fees.