HomeMy WebLinkAbout07 204 2007 BASWR Refuse & Cardboard Collection Agreement Extension
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDll>lE
BY-LAW
NO. 2007 - 204
BEING A BY-LAW TO EXTEND THE CONTRACTS FOR RESIDENTIAL AND
COMMERCIAL REFUSE COLLECTION WITHIN THE MUNICIPALITY OF
KINCARDINE AND CARDBOARD COLLECTION WITHIN WARD ONE
WHEREAS Section 11 (1) of the Municipal Act, 2001, 5.0. 2001. c. 25 as
amended gives broad authority to lower-tier municfpalities to provide any service
or thing that the municipality considers necessary or desirable fort he public;
AND WHEREAS pursuant to the said Municipal Act, Section 11 (3) authorizes a
low-tier municipality to pass by-laws within the sphere of jurisdiction of waste
management;
AND WHEREAS pursuant to the said Municipal Act. Sections 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
aulhority under thIs or any other Act;
AND WHEREAS the Municipality of Kincardine has contracted to Bruce Area
Solid Waste RecyclIng (BASWR) the collection of its refuse within the
MunicipalIty and cardboard collection within Ward One;
AND WHEREAS the Council of the Municipality of Kincardine deems it expedient
to extend the term of the refuse collection oontract with BASWR for a further 3
years from October 17 2007 to October 17 2010;
AND WHEREAS the Council of the Municipality of Kincardine deems it expedient
to extend the term of the cardboard collection contract for the same three-year
term;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the MunIcipality of Kincardine hereby agrees to extend the term and
conditions of the cardboard collection contract with BASWR for a three
year period ending October 17 2010.
2. That the Municipality of Kincardine shall pay to BASWR an annual rate of
$189,834.00 per year. inclusive of all applicable taxes, for the collection of
garbage within all wards of the Municipality of Kincardine.
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2007 BASWR Agreement Extension By-law
By law No. 2007 204
3. That the Municipality of Kincardine shall pay an annual rate of $30,496.00
per year, inclusive of all applicable taxes, for the collection of cardboard in
Ward 1 of the Municipality of Kincardine.
4. That the Mayor and Chief Administrative Officer, are hereby authorized on
behalf of the Municipality of Kincardine, to sign an agreement with
BASWR, which is attached hereto as Schedule 'A' and to affix the
corporate seal as and when required.
5. This by-law shall come into full force and effect upon its final passage.
6. Thls by law may be cited as the "2007 BASWR Refuse & Cardboard
Collection Agreement Extension By-law"
READ a FIRST and SECOND TIME this 12th day of September. 2007.
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READ a THIRD TIME and FINALLY PASSED this 12th day of September, 2007.
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Mayor
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Clerk
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'Ibis is Schedule ".it." to By-l.aw
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No. dO<-t passedthe~day
Of~(JY\I.(lllJI20orT
BRUCE AREA SOLID WASTE RECYCLING JBASWI!I AG~~_ ti-~
Mii<iv-"'"U~ ...j
This AGREEMENT made this l.:::rtn day Of.~, 2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinaftercalladthe"Owner"
of the Firs1 Part,
-and-
BRUCE AREA SOLID WASTE RECYCLING
Hereinafter called "Contractor"
Of the Second Part.
WHEREAS the Municipality has contracted the operation of the collection of residential
& commercial refuse within the Municipality of Kincardine and collection of cardboard
within Ward 1;
AND WHEREAS it is expedient that the tenns and conditions of these service contracts
be specified by Agreement between the two parties;
AND WHEREAS both parties agree to extend these contracts, based upon the original
tender specifications (Contract 2001-06 - Collection of Garbage and Contract 2001-13
- Collection of Cardboard).
AND WHEREAS all contract documentation, being Insurance, WSIB and bonding
requirements shall be renewed with the Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
1. The terms and specifications of the Public Works Contract 2001-06
(Collection of Garbage) as attached to this agreement as Schedule "A"
and Contract 2001-13 (Collection of Cardboard as attached to this
agreement as Schedule "B") shall form the body of the agreement.
2. The contract extension shall be October 17 200710 October 17 2010 for
both contracts.
3. The new rates shall be:
A. Contract 2001-06 (Collection of Garbage) shall be $189,834.00 per
year, inclusive of all applicable taxes.
B. Contrect 2001-13 (Collection of Cardboard) shall be $30,496.00
per year, inclusive of all applicable taxes.
4. The Contractor shalf furnish copies of all mandatory documentation prior
to the final execution of the contract.
5. Either party may terminate this contract upon 120 days written notice.
6. The Manager of Public Works shall be the central point of contact for all
inquiries, disputes or other items requiring resolution or decision.
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Bruce Area Solid Waste Recycling Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate sea] attested
by the hand of its Mayor and Chief Administrative Officer this 1;}.+h day
of~~ 2007 The parties have hereunto set their hands and seals this
7h daYof~Om hOf\ 2007
SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness
Witness
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Witness
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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Chief Administrative Officer-
John deRosenroll
BRUCE AREA SOUO WASTE
RECYCLING (BASWRA)
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