3694-2024 Agreement with Automotive Materials Services
BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN MUNICIPAL & FIRST NATIONS AUTOMOTIVE MATERIALS SERVICES AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Passed by Council February 16, 2024
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3694-2024
BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN MUNICIPAL &
FIRST NATIONS AUTOMOTIVE MATERIALS SERVICES AND THE CORPORATION
OF THE TOWNSHIP OF AUGUSTA
WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, as amended, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this Act;
AND WHEREAS the Council of the Township of Augusta wishes to enter into an
agreement with Municipal & First Nations Automotive Materials Services;
NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign the Municipal & First
Nations Automotive Materials Services Amending Agreement.
2. THAT Schedule A shall form part of this By-Law.
3. THAT this By-Law will come into force and take effect on its passing.
Read a first, second, and third time and finally passed this 26th day of February, 2024.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
MUNICIPAL & FIRST NATIONS AUTOMOTIVE MATERIALS SERVICES AMENDING AGREEMENT
THIS AMENDING AGREEMENT is made as of the Pt day of January, 2024 (the “Effective Date’).
BETWEEN:
AUTOMOTIVE MATERIALS STEWARDSHIP INC. (“AMS”)
– and –
CORPORATION OF THE TOWNSHIP OF AUGUSTA (“COLLECTOR”)
(collectively, the “Parties’)
WHEREAS AMS and the Collector entered into a Municipal & First Nations Automotive Materials Services Agreement effective October 1,2021 (the “Agreement”); and
AND WHEREAS AMS and the Collector are mutually desirous of making changes to the Agreement.
NOW, THEREFORE in consideration of the promises and the mutual obligations and covenants herein set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, AMS and the Collector hereby agree as follows:
1. Amendment
a. Schedule “B” to the Agreement is hereby replaced with the new Schedule “B” attached hereto
this Amending Agreement as Appendix A.
b. Except for this change, all other terms of the Agreement remain the same.
c. The Agreement is modified only by the express provisions of this Amending Agreement, and,
except as so modified, the Agreement shall remain unchanged and in full force and effect.
2. Miscellaneous
a. This Amending Agreement is governed by and will be construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable therein.
b. If any provision of this Amending Agreement is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this
Amending Agreement and the remaining provisions will continue in full force and effect so
long as the economic or legal substance of the transactions contemplated hereby is not
affected in any manner materially adverse to either of the parties.
c. This Amending Agreement will enure to the benefit of and be binding upon the respective
successors and permitted assigns of the parties.
d. In the event of any inconsistency between the terms of this Amending Agreement and the
terms of the Agreement, the terms of this Amending Agreement shall prevail to the extent of
any such inconsistency.
e. This Amending Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and cancels and supersedes any other understandings and
agreements between the parties with respect thereto, whether written or oral, and whether
made prior to the date first written above.
f. This Amending Agreement may be executed in any number of counterparts, each of which
will be deemed to be an original, and all of which taken together will be deemed to constitute
one and the same instrument. Delivery of an executed signature page to this Amending
Agreement by any party by electronic transmission will be as effective as delivery of a
manually executed copy of this Amending Agreement by such party.
IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement as of the date first set out above.
Signed by David Pearce, Executive Director or Automotive Materials Stewardship
Signed by Jeff Shaver, Mayor, Corporation of the Township of Augusta
Signed by Annette Simonian, Clerk, Corporation of the Township of Augusta
APPENDIX A
SCHEDULE “B” — PAYMENT FOR COLLECTION SERVICES
AMS will pay the Collector for Automotive HSP Collection Services as follows:
(a) For Material Management Services — Depot, AMS will pay the Collector the rate of $0.66
per hour plus applicable taxes for the Total Reimbursable Hours set out in Schedule ‘A”,
to be paid in 12 equal monthly instalments. For greater clarity, the monthly instalment
will be calculated as Total Reimbursable Hours divided by 12 and multiplied by the
Hourly Rate.
(b) For Material Management Services — Event, AMS will pay the Collector a rate of $0.00
per tonne of Automotive HSP plus applicable taxes.
(c) For Material Management Services — Event (and transportation to Depot), AMS will pay
the Collector a rate of $0.00 per tonne of Automotive HSP plus applicable taxes.
2. Notwithstanding Section 16.1. AMS may increase a payment rate, as identified above, without
requiring an amendment. Collector will be notified of any increase to a payment rate a
minimum of thirty (30) days in advance through written notice, as per Section 9.0.
