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HomeMy WebLinkAbout22 053 Zero Turn Mower (Robert's Farm Equipment) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 – 053 BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY ZERO TURN MOWER (Robert’s Farm Equipment) WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances; 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 it has been determined that there is a need for zero turn mower (2022-05) per Report Operations 2022-04, with funds allocated in the 2022 Capital Budget; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Robert’s Farm Equipment to supply a zero turn mower, in the amount $15,467.52 (including the nonrefundable portion of HST), be hereby accepted as per the tender agreement attached hereto as Schedule “A”. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize such work to commence. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the “Zero Turn Mower (Robert’s Farm Equipment) Tender Acceptance By-law”. READ a FIRST and SECOND TIME this 14th day of March, 2022. READ a THIRD TIME and FINALLY PASSED this 14th day of March, 2022. Mayor Clerk THE MUNICIPALITY OF KINCARDINE This AGREEMENT made this 14"day of March 2022. BETWEEN Roberts Farm Equipment Sales hereinafter called the"Contractor" THE PARTY OF THE FIRST PART AND The Corporation of the Municipality of Kincardine hereinafter called the"Municipality" THE PARTY OF THE SECOND PART WITNESSETH,that the Contractor for and in consideration of the payment or payments specified in the Tender for this work,hereby agrees to furnish all necessary machinery, tools, equipment, supplies,labour, and other means of construction and,to the satisfaction of the Public Works Manager,to do all the work as described hereafter,furnish all the materials 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 form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION Contract No.OPS RFT 2022-02 Supply and Delivery of One Zero Turn Mower ProZ 5545(as quoted) for the tendered amount of$15,200(plus HST) IN CONSIDERATION WHEREOF,the Municipality 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. Keith Slgned wlt'h ConslgnO Clou (2022/03/23) Verify with verifio.—or Adobe Reader. Signature of Contractor The Corporation of the Municipality Kincardine Gerry Glover Ver ed wifh Consign0 Cloud(2022/03/23) III IIIIIIIIIIIIIIIIIIIIIII IIIII II Sig ify with verifio.mm or Adobe Reade, Mayor,Gerry Glover Roxana Baumannlllllllllllllllll�IIII°ill'll"''?III Sgned with Cansign0 CIOud(2022/0323J Verify with ve rifiO —or Ado be Reader. IIII II Acting Chief Administrative Officer Roxana Baumann