Learn more about COVID-19 updates and information.

Learn More
Home > By-Laws > 3474-2020 Amend By-Law 3364-2018 (Fast Eddie’s Auto Recycling Waste Contract)

3474-2020 Amend By-Law 3364-2018 (Fast Eddie’s Auto Recycling Waste Contract)

3474-2020 Amend By-Law 3364-2018 (Fast Eddie’s Auto Recycling Waste Contract)

BEING A BY-LAW TO AMEND BY-LAW 3364-2018

Passed by Council May 4, 2020

REPEALED May 25, 2021 by By-Law 3523-2021


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
By-Law No. 3474-2020
BEING A BY-LAW TO AMEND BY-LAW 3364-2018

WHEREAS By-law 3364-2018 for Waste Management Services will expire June 1.
2020;

AND WHEREAS it is deemed expedient to extend the contract with Fast Eddie’s Auto
Recycling for Waste and Recycling Services;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:

1. That the contract with Fast Eddie’s Auto Recycling for Waste and Recycling
Services be extended from June 1, 2020 to May 31 , 2021.

2. All other applicable provisions of By-law 3364-2018 shall continue to apply.

3. This By-law shall come into force and take effect June 1, 2020.

Read a first and second time this 4 day of May, 2020.

Read a third time and adopted this 4 day of May, 2020.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

Schedule A by-law 3474-2020

Waste Disposal Contract between the Township of Augusta and Fast
Eddie’s Auto Recycling

Introduction

This contract is an agreement between Fast Eddie’s Auto Recycling (The Contractor)
and the Township of Augusta (The Township) for managing the disposal of waste
generated in the Township of Augusta. The responsibility of the contractor will be to
operate the sites, dispose of the waste and the recyclables.

Description of Services

The service required is to operate the recycling and waste transfer stations at the
Maynard and North Augusta sites. The contractor will be responsible to manage the
sites within the perimeter imposed by the Environmental Certificate of Approval of North
Augusta Transfer Station, Certificate of Approval of Maynard Transfer Station and ByLaw
3363-2018. The following appendices are attached and for part of this agreement:

Appendix A- Responsibility of the contractor and the Township of Augusta unless
otherwise specified these responsibilities are for both waste transfer stations

Appendix B- Township of Augusta Agreement to Lease Equipment to Fast Eddie’s Auto
Recycling

Appendix C- Fast Eddie Auto Recycling Agreement to Lease Equipment to the
Township of Augusta

Duration of Contract

The duration of this contract will be one (1) year. The starting date will be June 1, 2020.
This contract can be terminated by either party upon 120 days written notice to the other
party.

Contract Price

The Towns hip agrees to pay the Contractor a monthly fee of sixteen thousand dollars
($16,000.00) for the operation of this contract. Contractor also retains revenue collected
from the sale of recycling material and By-Law 3363-2018 Schedule B Fees for the use
and disposal of waste at the Township of Augusta Waste Transfer Stations.

Holidays

The sites will be closed on, New Year’s Day, Family Day, Good Friday, Victoria Day,
Canada Day, August Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day,
Boxing Day.

Amnesty Days

Each year the contractor will host two amnesty days; one in the spring (Fourth Saturday
in May) and one in the fall (Fourth Saturday in September). The Township will be
responsible for advertising amnesty days.

Pitch In Day

Pitch In is an annual community clean-up day that is held every spring (Fourth Saturday
in April) when residents clean up litter in their neighborhood. The contractor will supply a
suitable bin for this day. The Township will determine the location of the bin and will
notify the contractor at least three weeks in advance. The Township will be responsible
for advertising Pitch In Day

Excusable Delay

Neither party will be held liable for delays, or failure to perform here under, due in whole
or in part to:

• Strike, riot, fire, flood, storm, sabotage, act of god, or any government
authority
• Inability due to a causes beyond its reasonable control to obtain
necessary or proper labour, material, services, or facilities, provided that
the prompt notice of such delay or failure given to the other party, and all
reasonable efforts are made to remedy the cause of such delay or failure
to perform.

Contractors Indemnity

The contractor will indemnify and hold the Township of Augusta harmless for any and all
claims and expenses for damages to property, or for bodily injury both arising out of the
performance of the obligation under this agreement where such damages or injury is
attributable to the negligence of or a breach of this agreement by the Contractor

Contractor Warrantees

The Contractor warrants that they will:

• Perform the services in good and proper fashion
• Obtain and maintain all required licenses, permits, and approvals to
perform the service
• Perform the service in full compliance with all related laws, By-Laws and
regulations

Insurance

The contractor will provide the Township with:

• Proof of General Liability Insurance (bodily injury and property damage) in
the amount of five million dollars ($5,000,000.00)
• Proof of Motor Vehicle Insurance with liability coverage in the amount of
five million dollars ($5,000,000.00)
• Current WSIB Clearance certificates

Supervisor/Attendant

Reference to By-Law Number 3363-2018 and throughout the By-Law, referring to
“supervisor/attendant” shall mean the contractor.

Governing Law

The provision of this agreement will be governed by and in accordance with the Laws of
the Government of Canada and the Province of Ontario.

Entire Agreement

This agreement, including Appendices A, Band C, constitutes the entire agreement
between the parties hereto and cancels and supersedes all prior undertakings and
agreements with respect to the subject matter hereto. There are not and will not be any
verbal representations, warranties, undertakings or agreements between the parties
hereto and this agreement may not be amended or modified in any respect except by
written instrument signed by the parties hereto.

Successors and Assigns

This agreement and the rights and obligations herein contained will ensure to the
benefit of and are binding upon the parties hereto and their respective successors and
assigns, but will not be assignable by either of the parties without the written consent of
the other party.

Severability

The invalidity in whole or part, of any section or paragraph of this agreement will not
affect the validity of the remainder of such section or paragraph or of the balance of this
agreement.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date first
written above.

Fast Eddie’s Auto Recycling

Signed by Eddie Cuomo (Owner)

Dated May 26, 2020

The Corporation of the Township of Augusta

Signed by Annette Simonian (Clerk) and Ray Morrison (CAO)

Dated May 25, 2020