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2934-2012 Beaver Control

2934-2012 Beaver Control Agreement By-Law

BEING A BY-LAW TO APPOINT A BEAVER CONTROL FOR THE TOWNSHIP OF AUGUSTA

Passed by Council May 14, 2012


 

CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2934
BEING A BY-LAW TO APPOINT A BEAVER CONTROL
FOR THE TOWNSHIP OF AUGUSTA

WHEREAS the Municipal Act, 2001 c. 25 5.0. 2001 section 11(1) (6) allows for a
municipality to pass By-Laws pertaining to Drainage and flood control under the
spheres of jurisdiction;

AND WHEREAS the Municipal Act, 2001 c. 25 S.C. 2001 section 8 allows for the
Powers of a Natural Person and those powers may include the entering into an
agreement for service;

NOW THEREFORE the Council of the Corporation authorizes the CAO to enter into
an agreement with Nuisance Wildlife Control to provide Beaver Control services for
the Township of Augusta.

NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows
that:

1. Nuisance Wildlife Control is hereby appointed as a Beaver Control for the
Township of Augusta with the duties as described in Schedule “A” attached hereto.

READ a first and second time this 14th day of May, 2012.

READ a third time and passed this 14th day of May, 2012.

Signed by the Reeve and the Clerk.

SCHEDULE “A”

AGREEMENT

THIS AGREEMENT made in triplicate this the day of ________________________,2012

BETWEEN:

In the
County of Leeds and Grenville
Province of Ontario
Nuisance Wildlife Control Inc.
Hereinafter called the “Contractor”
THE PARTY OF THE FIRST PART
-AND-
The Corporation of the Township of Augusta
Hereinafter called the “Owner”
THE PARTY OF THE SECOND PART

WITNESSETH, that the party of the first part, 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, labor and other means of construction and, to the
satisfaction of the Engineer, 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 herein, 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 OF THE WORK:

To provide beaver control on a contract basis including the inspection for beavers on
Municipal Drains and other locations within the Township, trapping of beavers, the
removal dams and lodges, unplugging of culverts and cleanup all as directed by the
Owner.

The Contractor further agrees that he/she will deliver the whole of the works completed in
accordance with this Agreement within the time stipulated and in accordance with the
proposal submitted by the Contractor entitled “RFP — Beaver Control” dated March 15,
2012 and attached here to.

The Contractor agrees that any monies due to the Owner as a result of no completion of
the works within the time stipulated may be deducted from any monies due the
Contractor on any account whatsoever.

IN CONSIDERATION WHEREOF, said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.

This agreement shall ensure to the benefit of and be binding upon the heirs, executors,
administers and assigns of the parties hereto.

IN WITNESS THEREOF, the Contractor and the Owner have hereunto signed their
names and set their seals on the day first above written, or caused their corporate seals
to be affixed, attested by the signature of their proper officers, as the case may be.

____________________________                  ____________________________
CONTRACTOR                                                                Witness
Nuisance Wildlife Control Inc.

____________________________                  ____________________________
Mayor                                                                                 Witness
THE TOWNSHIP OF AUGUSTA

____________________________                  ____________________________
Clerk                                                                                   Witness
THE TOWNSHIP OF AUGUSTA

 

By undertaking the above-noted project I/we, ____________________________
(Name of Contractor)
the undersigned hereby acknowledge and agree to meet or exceed health and safety
requirements included in all Legislative Acts and Regulations (including, but not limited to,
The Occupational Health and Safety Act, The Pesticides Act, The Explosives Act of
Canada, The Workers’ Compensation Act and Workplace Hazardous Materials
Information System), as amended, and that failure to abide by these acts and regulations
may result in the Township’s issuance of a stop work order, and, in the case of a
repetitive infraction, the dismissal and cancellation of the contract or purchase order.

Furthermore, I accept that I or any worker in my employment found to be in violation of
the Occupational Health and Safety Act in respect of failure to wear protective clothing
such as protective headwear, protective footwear, or approved safety vest may be
dismissed without prior notification. In such an event, I concur that the Township shall
not be liable for any costs incurred by me as a direct result of such dismissal.

Dated this _________ day of _________, 2012.

____________________________
(Signature of Contractor)

____________________________
(Witness)

____________________________
(Authorized Township of Augusta)