THE CORPORATION OF THE TOWN OF IROQUOIS FALLS BY-LAW NO. 3336/14
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1 THE CORPORATION OF THE TOWN OF IROQUOIS FALLS BY-LAW NO. 3336/14 Being a By-Law to authorize the execution of an Agreement between The Corporation of the Town of Iroquois Falls and the Ministry of Transportation for the purposes of providing winter maintenance services within the Nellie Lake - Aurora Local Roads Board Area." WHEREAS AND WHEREAS the Municipal Act S.O. 2001, c.25, as amended, confers broad authority on municipalities to enter into agreements; Council for The Corporation of the Town of Iroquois Falls is desirous to enter into an Agreement with Her Majesty the Queen in the right of Ontario, as represented by the Ministry of Transportation, for the provision of winter maintenance services within the Nellie Lake-Aurora Local Roads Area. NOW THEREFORE BE IT RESOLVED THAT COUNCIL FOR THE CORPORATION OF THE TOWN OF IROQUOIS FALLS ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute the contract agreement between The Corporation of the Town of Iroquois Falls and The Ministry of Transportation. 2. That the attached Agreement forms part of this by-law as "Schedule A". Read a FIRST, SECOND and THIRD time and passed this 28 th day of September, MICHAEL SHEA SIGNED MAYOR MICHELLE LAROSE SIGNED CLERK-ADMINISTRATOR Certified True Copy of By-Law No. 3336/15 Clerk
2 Ministry of Transportation Provincial Highways Management Northeastern Region Operational Services Cochrane Area Office 74, 2 00 Street, P.O. Box 5000 Cochrane, ON POL 1CO Tel.: Fax.: Charles.Proulx@ontario.ca Ministere des Transports Gestion des routes provinciales Region du Nord-Est Services operationnels Bureau du Secteur de Cochrane 74, 2 itme rue, C.P Cochrane, ON POL 1CO Tel.: Telec. : Couriel: Charles.Proulx@ontario.ca I"~ t?ontario August 6, 2015 Town of Iroquois Falls Public Works Dcpartment 535 Ambridge Drive P.O. Box 430 Iroquois Falls, ON POK 100 Attention: Mr. George Guppy Director of Public Works Dear Mr. Guppy: RE: Winter Maintenance Agreement Nellie Lake-Aurora Local Roads Area We are pleased to advise that the Ministry of Transportation accepts the Town of Iroquois Falls ratcs to provide winter maintenance for the above Local Roads Area for the winter of as per your quote price of$11, The proposed Agreement for the winter season is attached for your review. If you concur with this Agreement, please sign the two provided in the appropriate spaces. Return the two signed originals to my attention. Once signed by the Ministry, we will return one signed original for your files. Should you have any questions related to this request, please contact me at (705) Wc look forward to working with you in the winter season. Sin~~ Charles Proulx Senior Municipal Supervisor co O. Follett O. Parent
3 AGREEMENT WITH MUNICIPALITY FOR WINTER MAINTENANCE BETWEEN: COpy Her Majesty the Queen in right of Ontario as Represented By the Minister of Transportation for the Province of Ontario - and- (the "Ministry") The Town of Iroquois Falls (the "Municipality") WHEREAS Local Roads as shown in Plan N arc within the Nellie Lake - Aurora Local Roads Area; AND WHEREAS the Municipality has agreed to provide winter maintenance services on the Local Roads commencing on November 1,2015 and continuing to October 31,2016 being the end of the 2015/2016 winter season; NOW THEREFORE in consideration of the covenants in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows : 1. Term: The Municipality hereby agrees to provide winter maintenance services on the Local Roads from November 1,2015 until October 31, 2016 being the end of the 2015/2016 winter season. 2. Level of Service: The Municipality hereby agrees to provide such winter maintenance services and at the level of service specified by Ministry staff, during the term of this Agreement. The Municipality will be responsible to determine if roads require plowing or sanding and will deal directly with the Ministry of Transportation Municipal Foreman. 3. Subcontracting: The Municipality shall incorporate in its contract(s) for the hired winter equipment which shall operate on the Local Roads under the supervision of the Municipality during the term oftrus Agreement, the requirement that the contractor indemnify the Ministry, in addition to the Municipality, and extend the insurance obligations to protect the Ministry to the same extent as provided to the Municipality under such hired equipment contract(s). The Municipality shall be responsible for calling out such contractor(s) and for making payment directly thereto. 4. Road Liability Insurance: 4.1. The Municipality shall maintain, in full force and effect, adequate road liability insurance at all times and throughout the term ofthis Agreement. lbe Municipality shall name the Ministry as an additional insured on the Municipality's road liability insurance policy at all times and throughout the term of this Agreement The Municipality agrees to indemnify and save harmless the Ministry from and against any and all claims, actions, causes of action, losses, injuries, costs, expenses, including legal expenses, howsoever styled, attributable to the Municipality's negligence in performing the services required under this Agreement at au times and throughout the term of this Agreement. 5. Proof of Insurance: Upon request, the parties agree to provide the other party with proof of the insurance required under this Agreement. 6. Authority: The Municipality warrants that it has taken all necessary steps, done all acts, passed all bylaws and obtained all approvals required to give it the authority to enter into Page I of2
4 this Agreement. 7. Payment: The Ministry hereby agrees to pay to the Municipality the sum of$11, paid as follows for the provision of the above winter maintenance services on the Local Roads for the tenn of this Agreement: one lump sum payment of $11, on or about JanuaryI4,2016. IN WITNESS WHEREOF the Ministry and the Municipality by their duly authorized representatives have set forth their signatures on the dates herein written below: Signed this day of 2015 Ministry oftransportlition Signed this _-'1'-'3 +h day of Auca.u.s;-r,2015 Town ofjroguois Falls Clerk Page 2 of2
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