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HomeMy WebLinkAbout07 203 Articulated Loader Tender Acceptance , . . . . TIIE CORPORATION OF THE MUNiCiPALITY OF KINCARDINE NO. 2007 203 BEING A BY-LAW TO ACCEPT A TENDER FOR THE PURCHASE OF AN ARTICULATED LOADER (Markdale Tractor Sales) WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.D. 2001. c. 25 as amended gives broad authority to lower-tier municIpalities to provide any service or thing that the municlpaHty considers necessary or desirable for the public and respecting matters within the sphere of jurisdiction of highways, including parking and traffic on highways; 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 il considers appropriate and to enhance the municipality's abillty 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 it has been determined that the purchase of a rubber tired articulated loader would assist in the operation of the Municipality; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it expedient to accept the tender of Markdale Tractor Sales in the amount of$141,337 44, excluding GST, to purchase an articulated loader; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Markdale Tractor Sales in the amount of $141,33744, which excludes GST for the purchase of a rubber tired articulated loader be hereby accepted. 2. That the Mayor and CAO be hereby authorized to sign, on behalf of the Council for The Corporation of the Municipality of Kincardine any contracts and other documents required to authorize such purchase. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Articulated Loader Tender Acceptance By-law" ./2 . . . . Page 2 Articulated Loader Tender Acceptance By-law By-law No. 2007 - 203 READ a FIRST and SECOND TIME this 12111 day of September, 2007 Mayor ~'1'",,<-'V:,."'o.Q.t Clei\ READ a THIRD TIME and FINALLY PASSED this 12th day of September. 2007. 1*-- 11'~oJW Clerk Mayor THE MUNICIPALITY OF KINCARDINE This AGREEMENT made in triplicate this 19th day of September, 2007 BETWEEN Markdale Tractor Sales, Highway #10 South, Box 438, Markdale, Onatrlo, NOC1HO hereinaf!ercaJled the "Contractor" THE PARTY OF THE FIRST PART AND The Municipality of Kincardine hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to fumish aU necessary machinery, tools, equipment,supplies,labour,andolhermeansofconstructiOnand,tothesatisfaction of the Public Works Manager, to do all the work as described hereafter, fumish all the materiais except as herein otherwise specified, and to complete such works in strict accordance wIth the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specifications and Conditions attached to the Tender and all of which are to be read herewIth and fonn part of this present Agreement as fully and completely to ail intents and purposes as though all ti1e stipulations hereof have been embodied herein. DESCRIPTION Tender No. 2007-12 - Rubber Tired Articulated Loader for a tendered amount of $141,337.44,which eXCludes GST. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, and the unIt prices on the Tender. This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS WHEREOF the Contractor and the Municipality have hereunto signed their names and set their on the day first above written. ~ Signature 0 Corporation Witnesses and PositiOn Held Signature of Contractor or Seal of the Contractor Witness The Corporation of the ~;~L _ ~,\ '>.~7~~~w./j CAO Witness