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HomeMy WebLinkAbout21 183 By-law Enforcement (James Special Services Inc) Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 183 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH JAMES SPECIAL SERVICES INC. FOR THE PROVISION OF BY-LAW ENFORCEMENT SERVICES WITHIN THE MUNICIPALITY OF KINCARDINE 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 Municipality deems it advisable to enter into an agreement with James Special Services Inc. for the provision of By-law Enforcement services as outlined in Report Clerk-2021-30; NOW THEREFORE the Council of 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 Special Services Inc. for the provision of By-law Enforcement Services. 2. That the Mayor and CAO be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with James Special Services Inc. attached hereto as Schedule “A” and forming part of this By-law. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the “By-law Enforcement (James Special Services Inc) Agreement By-law”. READ a FIRST and SECOND TIME this 15th day of November, 2021. READ a THIRD TIME and FINALLY PASSED this 15th day of November, 2021. Mayor Clerk Contract Agreement Between James Special Services Inc., hereinafter referred to as the Contractor And The Municipality of Kincardine, hereinafter referred to as the Municipality WHEREAS The Municipality of Kincardine is a municipal corporation with by-laws which provide rules and regulations which apply to the municipal inhabitants and visitors; AND WHEREAS the Municipality is desirous of enforcing the provisions of by-laws using the services of a private contractor; AND WHEREAS the Contractor owns and operates a business which is able to provide by-law enforcement services; AND WHEREAS the Municipality deems it expedient to enter into a contract agreement with the Contractor for the provision of by-law enforcement services in the Municipality of Kincardine. NOW THEREFORE the parties hereto covenant and agree as follows: 1. Definitions 1.1 "Certificate of Offence" means a document issued to a person found to be in violation of a Municipality by-law and shall be used interchangeably with the words `notice' and `ticket'. 1.2 "Contract" means this agreement and includes any bonds or security, specifications, general conditions and any other documents referred to in this agreement or attached thereto. 1.3 "Contractor" or a pronoun in place thereof, means the person or persons who have undertaken to perform and carry out the provision of services as described herein. 1.4 "Price" means the total cost to the Municipality for the provision of the services described in this agreement. The price excludes HST or any taxes as deemed appropriate and enforceable by the Provincial, Federal or Municipal governments. The words "charge" and "price" may be used interchangeably with the terms "rate" and "fee". 1 of 15 1.5 "Municipality" means The Corporation of the Municipality of Kincardine. 1.6 "Work" shall mean the provision of services under this contract and may be referred to as `services' and `operations'. 2. Definition of Contract 2.1 The work required of the Contractor under this contract is comprised of the provision of by-law enforcement services in the Municipality of Kincardine. 2.2 Other services which complement the provision of by-law enforcement services as required herein shall be further clarified as contained herein. 2.3 All such work shall be performed by the Contractor in accordance with the specifications and the conditions of the contract agreement. 2.4 The Contractor will be required to provide, at its own expense, except as otherwise indicated herein, all labour, vehicles, tools, equipment, articles and things necessary for the due execution of the work set out or referred to herein. 3. Insurance 3.1 The Contractor shall obtain and maintain insurance coverage as outlined herein and provided by an insurance company or companies licensed to transact business in the Province of Ontario. Evidence of such insurance shall be provided to the Municipality in the form of a Certificate of Insurance signed by an authorized signatory prior to the execution of this agreement. 3.2 The Contractor shall have a Commercial General Liability insurance policy of not less than $5,000,000 (five million dollars) per occurrence. The policy must insure against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Contractor. The policy shall include: 3.2.1 The Municipality of Kincardine as additional insured; 3.2.2 Cross Liability / Severability of Interests clause; 3.2.3 Contractual Liability; and 3.2.4 Non-Owned Automobile Liability (SPF 6). 3.3 The Contractor must give the Municipality a minimum thirty (30) day's written notice of cancellation or non-renewal. 3.4 The Liability Insurance Policy and/or endorsements shall be satisfactory to the 2of15 Municipality and it is hereby agreed that no contract will be considered to be executed or in full force and effect until insurance requirements are met by the Contractor. 3.5 The insurance coverage noted above shall be maintained in force throughout the term of the contract agreement. Failure to maintain the required insurance and provide proof of same to the Municipality will render this contract null and void. 3.6 Automobile Insurance - Standard Form Automobile Liability Insurance that complies with all requirements of the current legislation of the Province of Ontario, having an inclusive limit of not less than $ 5 million per occurrence for Third Party Liability, in respect of the use or operation of vehicles owned, operated or leased by the Contractor. 4. Equipment and Supplies 4.1 The Contractor shall furnish and maintain all such equipment and supplies as are considered necessary for conducting the work in an acceptable manner. 4.2 All equipment and supplies used by the Contractor for the execution of any part of the work shall be maintained in a satisfactory, safe and efficient working condition. 4.3 Equipment used by the Contractor shall be such that no injury to any person or property will result from its use or misuse. 5. Bribery or Corrupt Practice 5.1 Should the Contractor or any of his employees or agents give, or offer any gratuity to, or attempt to bribe any member of the Municipality Council, officers or servants of the Municipality, the Municipality shall: 5.1.1 Be at liberty to cancel the contract forthwith; or 5.1.2 Take the whole or any part of the contract out of the hands of the Contractor. 6. Assignment and Subletting 6.1 The Contractor shall not assign or sublet the contract or any part thereof or any benefit or interest therein or thereunder, without the written consent of the Municipality. 6.2 The Contractor shall be held as fully responsible to the Municipality for the acts and omissions of the sub-contractors, volunteers and of persons directly or indirectly employed or otherwise engaged by the Contractor in the undertaking of 3of15 services as described herein. 7. Notice 7.1 Any notice or communication shall be deemed to be well and sufficiently given and served if handed to the Contractor or any of his clerks or agents or if posted or sent to the business address herein. 7.2 For the Contractor: James Special Services Inc. 132 Drive In Cres Owen Sound ON WK 5N7 Attention: Andrew James 7.3 For the Municipality The Municipality of Kincardine 1475 Concession 5 Kincardine, ON N2Z 2X6 Attention: Manager of Legislative Services/Clerk 7.4 The parties hereto will provide to the other, any change in contact information within ten (10) days of said change being effective. 7.5 Any notice shall be considered to have been legally served after being given one party to the other when hand delivered or in the case of notice by postal service, three (3) days after being post marked for mailing. 7.6 In any written or printed notice to the Contractor in respect of any work of any nature required to be done under any of the provisions of the contract, or of any other matter, it shall not be obligatory upon the Municipality to specify minutely or in detail everything required nor to specify by measurement the exact extent thereof, or the precise defect or fault, or where any of the requirements of the specifications have not been observed; but a reference in such notice to the clause or clauses bearing the matter, and a description of the default in general terms and sufficiently clear, in the opinion of the Municipality to indicate where the defect or trouble exists, shall be deemed to be and shall be ample notice. 8. Employees and Labour Force 8.1 The Contractor agrees that the Municipality is not to be deemed the employer of the Contractor nor its personnel, employees, sub-contractors or officers under any circumstances whatsoever. 8.2 Should any overseer, supervisor, officer, employee or sub-contractor employed 4of15 in connection with this contract give any just cause for complaint, the Municipality shall notify the Contractor, in writing, stating the reasons therefore and the Contractor shall take such actions as are deemed necessary to remedy the complaint. The Municipality reserves the right to request that the Contractor dismiss such persons from the works associated with this contract forthwith and he/she shall not again be employed by the Contractor on any Municipality project without the written consent of the Municipality. 8.3 The Contractor shall employ only such workers, employees and sub-contractors who are careful, competent and fully qualified to perform the duties or tasks assigned to them and shall immediately remove from Municipality projects under this contract, any workers who shall be incompetent, disrespectful, intemperate, dishonest, inebriated or otherwise objectionable or neglectful in the proper performance of their duties or who neglects or refuses to comply with or carry out the directions of the Contractor as it relates to this contract agreement. 9. Smoking and Vaping 9.1 The Contractor, as well as their employees, supervisors, sub-contractors and officers must, at all times, abide by any Municipality policies regarding smoking and vaping as well as any and all provincial and federal regulations, when performing the services under the contract agreement. 10. Accessibility Regulations for Contracted Services 10.1 In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Section 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service provider's policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 10.1.1 How to interact and communicate with persons with various types of disability; 10.1.2 How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person; 10.1.3 How to use equipment that is available on premises that may help in the provision of goods or services; 10.1.4 What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services; and 10.1.5 Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. 10.2 Contracted employees, third party employees, agents and others that provide 5of15 customer service on behalf of the Municipality must meet the requirements of Ontario Regulation 429/07 with regard to training. In accordance with Ontario Regulation 429/07 a document describing the training policy, a summary of the contents of the training and details of training dates and attendees must be submitted to the Municipality upon request. 10.3 The Contractor shall be aware of the policies adopted by the Municipality in accordance with the Accessibility for Ontarians with Disabilities Act, as may be amended from time to time and will abide by all policies and regulations as they apply to the contract. 11. Working Safely 11.1 The Contractor shall agree to execute and abide by the Municipality's Occupational Health and Safety Compliance Form for Contractors, as attached to this contract as Schedule W. 11.2 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the services performed hereunder. 11.3 The Contractor agrees that any health and safety policies and precautions put in place by the Municipality will be recognized by the Contractor and the Contractor will abide by all such policies and precautions in the same manner as the public is expected to recognize and abide by same. 11.4 The Contractor shall provide reasonable protection to prevent property loss or damage and/or personal injury to persons, including but not limited to the employees of the Contractor and all other persons who may be affected thereby. 11.5 When in Municipality buildings, facilities and workplaces, the Contractor agrees to abide by all Municipality Health and Safety Policies in force and effect. 12. Liability 12.1 The Contractor, his agents and all persons employed by him, or under his control including sub-contractors, shall use due care to ensure that no person or property suffers injury or loss (including death) and no rights are infringed, as a result of or by reason of the provision of the services. 12.2 Under this agreement the Contractor shall be solely responsible for all damages by whomsoever claimable in respect of any such loss, injury or infringement of rights. 12.3 The Contractor shall assume the defense of, indemnify and save the Municipality, its agents, officers and employees harmless from any and all claims, demand, loss, damages, actions, lawsuits or other proceedings (and any 6of15 costs, expenses thereby incurred by the Municipality) by whomsoever made or brought in any manner based upon, occasioned by, or attributed to any such loss, injury or infringement. 13. Municipality Funds and Monies Due 13.1 All monies payable to the Municipality by the Contractor under any stipulation herein, or to the Workplace Safety and Insurance Board of Ontario (WSIB), as provided hereunder, may be retained out of any monies then due or which may become due from the said Municipality to the said Contractor under this or any other contract with the Municipality, or otherwise howsoever, or may be recovered from the Contractor or his surety, in any court of competent jurisdiction, as a debt due to the Municipality and the Municipality shall have full power to estimate such sum even though the amount of such sum to be so retained may be ascertained. 13.2 All payments to the Contractor shall be made out of funds under the control of the Municipality in its public capacity and no member of Municipality Council or any officer, employee or servant of the Municipality is to be held personally liable to the Contractor under any circumstances whatsoever. 14. Forfeiture of Contract 14.1 If the Contractor neglects or compounds with his creditors to commit any act of insolvency, or shall transfer, assign or sublet, or attempt to transfer, assign or sublet this contract, or any part thereof without the consent of the Municipality or if at any time the work or any part thereof is, in the judgement of the Municipality, not executed or not being executed in a sound or workmanlike manner and in all respects in strict conformity with the contract, or if such work or any part thereof is not progressing in such manner as to ensure entire satisfaction, or to comply with any reasonable order the Contractor may receive from the Municipality, or if the Contractor shall persist in any course in violation of any of the provisions of the contract, after twenty-four (24) hours written notice from the Municipality to the Contractor, the Municipality shall have the full right and power, without process or action at law, to take over the whole operation, or any part or parts thereof specified in the said notice. 14.2 The Contractor upon receiving notice to that effect shall immediately cease said operations, or the part or parts thereof specified in the said notice, peaceably and the Municipality may assign the same to any other contractor, person or persons with or without previously being advertised. 14.3 The Municipality may consider any action necessary or advisable in order to secure the completion of the said contract to its satisfaction. 14.4 The Contractor and his surety shall be liable for all damages, expenditures, including additional costs of the services which may be incurred by reason 7of15 thereof. 14.5 All of the powers of the Municipality with respect to the determination of the sum or sums, or balance of money to be paid to or received from the said Contractor, and otherwise in respect of the contract, shall nevertheless continue in force. 15. Permits, Licenses and Qualifications 15.1 The Contractor shall obtain, retain and pay for, at his own expense, all licenses, permits and qualifications required by law or statute or regulations made thereunder. 16. Compliance with Laws 16.1 The contractor shall comply with all Federal, Provincial and Municipality laws, statues, regulations and by-laws. 16.2 The Contractor shall be solely responsible for payment of any fines levied due to violation of Federal, Provincial and Municipality laws, statues, regulations and by- laws as they pertain to the performance of this contract. 17. Specifications 17.1 The Contractor agrees to provide uniformed By-Law Enforcement Officers. 17.2 The Contractor will ensure that the by-laws of the Municipality, as they relate to the entirety of the Municipality of Kincardine will be enforced. 17.2.2 For greater certainty, the Contractor will enforce: • the provisions of all by-laws requiring the issuance of tickets or certificates of offence; • the Property Standards By-Law; • the Parking By-Law • the Dog Regulating By-Law including the collection and delivery of dogs to the Animal Control facility; but • will not be responsible for the enforcement of the Zoning By-Law. 17.3 The Contractor will issue parking infraction notices, certificates of offence, warnings and orders in accordance with the approved by-laws of the Municipality and will furnish same to the Municipality within the required and statutory timelines. 17.4 The Contractor when performing Animal Control Services agrees to complete all requisite documents and paperwork required by the Municipality and Animal Control facility. 8of15 17.5 The Municipality will enact an Appointment By-Law which will authorize the Contractor to enforce the by-laws of the Municipality. 17.5.1 In order to facilitate this, the Contractor agrees to furnish to the Municipality the names and officer numbers of any employees, officers or sub- contractors who will be enforcing the by-laws of the Municipality. 17.5.1 The Municipality will ensure that the Appointment By-Law is filed with the Provincial Offences Court. 17.6 The Municipality permits the Contractor to enforce the provisions of the Municipality's by-laws to the fullest extent of the by-law provisions. 17.7 The parties hereto hereby agree that each party will to the best of their ability and as appropriate, inform the other verbally or in writing with regard to any complaints, compliments and comments, as filed or reported. 17.8 The Contractor, in consideration of the health and safety of its officers, employees and sub-contractors, will issue and use any/all necessary Personal Protective Equipment (PPE), in order to carry out their duties. The Municipality will not be responsible for the use or misuse of any PPE. 17.9 The Municipality will in its sole discretion, defend any infraction notices, orders and certificates of offence which are challenged. This includes the supply of solicitors, paralegals, etc. to attend court. The Municipality reserves the right to cancel, withdraw, settle or otherwise dispose of any infraction notice, order and certificate of offence, whether or not it is challenged. 17.9.1The Contractor agrees to provide Municipal Law Enforcement Officers to attend court and to provide necessary statements and evidence related to the notices, offences and orders, as required. 17.9.2The Contractor agrees to make, and furnish to the Municipality, such notes, documentation and photos as required for any investigations undertaken in the performance of services under this agreement. It is hereby agreed by the parties hereto that no infraction notice, order or certificate of offence will be given to the Municipality without the requisite officer notes and photos pertaining to the said infraction notice, order or certificate of offence. 17.10 The Contractor and Municipality agree to establish such administrative processes as will provide each party with the required information as it relates to the issuance of infractions, correspondence, warnings, orders, certificates of offence, the scheduling of court hearings, etc. 17.11 Municipality staff will provide secretarial services as needed, available and as it relates to the requirement to send notices, correspondence, orders, etc. in 9of15 accordance with Municipality by-laws. 17.12 The Municipality will provide infraction notices, certificates of offence, templates, notebooks, a dog transport cage and ticket book holders for use by the Contractor in the performance of their duties. It is agreed that all items provided will continue to be the property of the Municipality and must be returned to the Municipality upon request and upon termination or cancellation of this agreement. 17.13 The Contractor will be permitted to affix the Municipality logo to vehicles provided by the Contractor for the provision of services under this agreement as long as the Contractor's logo is also prominently displayed on said vehicles. Alternatively, the Contractor may identify the vehicles with the markers "Municipal Support Services and or Municipal Enforcement Officer". 17.14 The Municipality will provide a non-dedicated workspace which may be used by the Contractor from time to time. The Municipality will not be required to provide the Contractor with a key to the building where the workspace is located nor will any telephone or computer be provided. Access to Municipality files will be provided only as required and under the supervision of Municipality staff. 17.15 The Contractor will provide dispatch or a message reception services which are capable of accepting messages from individuals regarding by-law infractions. 17.16 If required, the Municipality will provide an email address which may be used by the Contractor in the performance of services under this contract. 17.17 The Contractor will provide services based upon a flexible schedule but will not be expected to respond to complaints and incidents on a 24 hour/7 day per week basis except in the case of an emergency which cannot reasonably be taken care of at a subsequent time. The reasonableness of the term emergency shall be determined by mutual agreement of the Contractor and Municipality. 17.18 The Contractor will provide 40 hours per week of by-law enforcement services 17.18.1 The Municipality reserves the right to request additional hours from the Contractor in order to ensure that deadlines and requirements are met. 17.18.2 The Contractor will not incur hours in excess of 40 hours per week, as required herein, without the express permission of the Municipality. 17.18.3 In order to avoid excessive hours, a monthly workplan will be established and provided to the Municipality, giving regard to emergency responses. 17.18.4 Seasonal enforcement of the Beach above and beyond the regular enforcement requirements contained herein, will be performed daily by two enforcement officers from 9:OOam to 9:OOpm. 10 of 15 17.18.5 The Contractor and the Municipality will work collaboratively to ensure that there are appropriate coverage schedules established and that officers adequately patrol the sand beach areas. 17.18.6 Seasonal coverage shall be undertaken during the period commencing on July 1 and ending on Labour Day. 17.19 The parties hereto agree to deliver to the court without delay, after processing and aging by the Municipality as required, all infraction notices and certificates of offence issued and other documentation as required. 17.20 The Contractor will provide such training to its employees, officers and sub- contractors as is required to ensure that offences and infraction notices issued and actions taken are accurate, complete and will be defensible if challenged in court. 17.21 The Municipality will provide assistance regarding best practices for writing infraction notices, orders, warnings, certificates of offence, interpretation of by- laws, etc. 17.22 The Municipality will provide training for the Contractor as required with regard to enforcement areas and expectations of the Municipality in the performance of by- law enforcement services. 17.23 The Municipality agrees that during the period of this contract and for a period of twenty-four (24) months after such contract ends, the Municipality will not, directly or indirectly, solicit, recruit or induce, or attempt to solicit, recruit or induce, any employee of the Contractor. 17.24 The Municipality recognizes the Contractor as a `first responder' when on-duty and responding to emergencies within the Municipality. 18. Confidentiality 18.1 Confidential information refers to any data or information relating to the business of the Municipality which would reasonably be considered to be proprietary to the Municipality including, but not limited to, accounting records, business processes, payment and law enforcement records. 18.2 Confidential information shall be as defined in the Municipal Freedom of Information and Protection of Privacy Act. 18.3 The Contractor agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Municipality or as required by law. 11 of 15 18.4 The obligation to maintain confidentiality will apply during the term of this contract agreement and will survive indefinitely upon termination of this contract agreement. 18.5 All written and oral information and material disclosed or provided by the Municipality to the Contractor under this contract agreement which is considered to be confidential information will continue to be considered as such regardless of whether it was provided before or after the date of execution of this contract agreement or how it was provided to the Contractor. 18.6 The parties hereto agree that by executing this contract agreement, the parties, their heirs, successors, assigns, employees and officers are bound to maintain confidentiality as if each individual had executed the agreement. 19. Ownership of Intellectual Property 19.1 All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name that is developed or produced under this agreement, will be the sole property of the Municipality. 19.2 The use of the intellectual property by the Municipality will not be restricted in any manner. 19.3 The Contractor may not use the intellectual property for any purpose other than that contracted for in this agreement but may use the intellectual property for other purposes with the written consent of the Municipality. 19.4 The Contractor will be solely responsible for any and all damages resulting from the unauthorized use of the intellectual property. 20. Return of Property 20.1 Upon the expiry, termination or cancellation of this agreement, the Contractor will return to the Municipality any property, documentation, records and confidential information which is the property of the Municipality. 21. Payment 21.1 Except as otherwise provided in this contract agreement, all monetary amounts referred to in this agreement are in Canadian dollars. 21.2 The Contractor will be permitted to charge a penalty of 2.50%, compounded monthly on any outstanding amount. 21.3 For the provision of services under this agreement, the Contractor shall charge 12of15 the Municipality at a rate not to exceed $32.00 (thirty-two dollars) per hour plus HST for the full-time by-law officer. 21.4 A premium of$10.00 (ten dollars) per hour plus HST will be charged for any hours of work performed on statutory holidays. 21.5 Charges for seasonal enforcement shall not exceed $32.00 (thirty-two) per officer per hour plus HST. 21.6 The Contractor will charge the Municipality $200.00 (two hundred dollars) per month for dispatch or answering services provided by the Contractor under this agreement. 21.7.1 For the provision of services under this agreement, the Contractor shall charge the Municipality at a rate not to exceed $32.00 (thirty-two dollars) per hour plus HST for any calls responded to during the times in clause 21.7 which extend beyond 4 hours. 21.8 The Contractor will invoice the Municipality every 15 days. 21.9 Invoices submitted by the Contractor to the Municipality are due within 15 days of receipt. 22. Term, Cancellation, Termination and Extension 22.1 The term of this agreement will begin on November 1, 2021 and end on November 1, 2024. 22.2 Notwithstanding the term prescribed herein, the Contractor may be required to attend in court and/or at a hearing which takes place or continues beyond the end of the term to provide evidence or testimony. 22.2.1 Where such attendance is required, the Contractor shall charge the Municipality at the hourly rate as prescribed herein. 22.3 In the event that either party wishes to terminate this agreement without cause prior to the end of the term, that party will be required to provide 30 days' written notice to the other party. 22.4 A one-year extension of this contract will be considered provided that all of the provisions of the contract remain the same with the exception of the term dates. 22.5 Extension of this contract may be made by written affirmation of the Municipality and said written notification will be furnished to the Contractor indicating the extension date. 22.6 No extension of the contract will be permitted if any of the provisions of the 13 of 15 contract, with the exception of the term dates, are to be changed. 22.7 Violation of any of the terms of this agreement, in the sole discretion of the Municipality, may render this contract null and void and the contract may be immediately terminated if deemed by the Municipality to be the appropriate action. 23. Inclusion and Gender 23.1 Words in the singular mean and include the plural and words in the plural mean and include the singular. 23.2 Words in the masculine mean and include the feminine and words in the feminine mean and include the masculine. 23.3 It is hereby understood that the words contract and agreement shall hold the same meaning as they relate to the provision of services. 24. Governing Law 24.1 This agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario. 25. Severability 25.1 In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part by a court of competent jurisdiction, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts being severed from the remainder of this agreement. 26. Entire Agreement and Amendment 26.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressly provided in this agreement. 26.2 Any amendment or modification of this agreement or additional obligation assumed by either party in connection with this agreement will only be binding if evidenced in writing and executed by the authorized signatories for each party. 26.3 Schedules to this agreement shall be considered as forming part of this agreement. 27. Enurement 27.1 This agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators and permitted successors and 14 of 15 assigns. 28. Titles, Headings and Numbering 28.1 Titles and headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement. 28.2 Numbering as contained in this agreement is purposely set and provides clarity to provisions. In witness whereof the parties hereto have set their hands and seals. James Special Services Inc. Municipality of Kincardine Andrewjames I I Gerry Glover ui 11 Signed with Co osignO Cloud(2021/11/09) ®R Si ned with Consi nO Cloud(2021/11/16) 6 Verify wish verifio.com or Adobe Reader. Verify wish verifio.gcom or Adobe Reader. IIIII Andrew James, President Gerry Glover, Mayor November 9, 2021 November 16, 2021 Date Date ..................... Roxana Baumann � uI°01°m�V°III III Vertywthverfo,I C loA, 2 2) W I gne rch Cons ' com or A1 12121/1 1dobe Reader. Roxana Baumann, Acting CAO November 22, 2021 Date We have the authority to bind the corporation. 15 of 15 SCHEDULE "A" Contract Agreement with James Special Services POLICY GG.2.17 APPENDIX E MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees, visitors, guests, contractors, agents and others on our premises. ALL CONTRACTORS/SUPPLIERS SHALL: 1. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation. This information will be documented in a meeting where at least one representative of the municipality and contractor are in attendance. 2. Submit a copy of past accident records and Workers' Compensation Board Number. 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be required. 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. This proof may but is not limited to a copy of the organization's own Health & Safety Policy, copies of training sessions, copies of logs documenting training/discussions. 6. Must comply with Workplace Safety Insurance Board (WSIB)premiums. 7. The Contractor/Supplier shall sign-off on the corporate occupational health & safety form stating his agreement to comply. Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety of all. POLICY GG.2.17 APPENDIX F MUNICIPALITY OF KINCARDINE NOTICE TO BIDDERS In accordance with Policy GG.2.17 Purchasing and Procurement the following information is required to be obtained prior to the final awarding of the contract to the successful bidder: 1. Clearance Certificate or Letter of Independent Contractor Status issued by the Workplace Safety Insurance Board(WSIB) directly to the Municipality 2. Certificate of Insurance naming the Municipality as an additional insured and evidencing Liability Insurance in an amount of not less than $2,000,000 ($2 Million) as well as showing all other types and limits of insurance issued by their broker/insurer directly to the Municipality (to be obtained upon each expiry 3. Signed copy of the Municipality of Kincardine Occupational Health & Safety Compliance form. In accordance with the above policy, the following information is required to be obtained before work can commence/continue. Failure to provide this information will result in stoppage of work. 4. Clearance Certificate issued by the Workplace Safety Insurance Board(WSIB) directly to the municipality at intervals of 60 days from first issuance. 5. Certificate of Liability Insurance as above for the current policy and for each renewal period POLICY GG.2.17 APPENDIX G MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read Appendix E of Policy #GG.2.17 Purchasing and Procurement"Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. Andrewjarnes Slgnedwlth ConsignO Cloud(2021111/10) OIII mh VerlfywlthverTo.com or Adobe Reader. November (']� ']®,]1 Andrew James, President Date 7 L L James Special Services Inc.