The URL can be used to link to this page

Home My WebLink About13 137 2013 BASWR Refuse & Commercial Cardboard Collection Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KB7 f 114 ''(*) C /PAUIYOF RINC" BY -LAW NO. 2013 - 137 BEING A BY -LAW TO ENTER INTO AN AGREEMENT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION WITHIN THE MUNICIPALITY OF KINCARDINE AND COMMERCIAL CARDBOARD COLLECTION WITHIN WARD ONE • WHEREAS Section 11 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the 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 authority 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 commercial cardboard collection within Ward One; • AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to enter a 3 -year contract with BASWR; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the agreement with Bruce Area Solid Waste Recycling (BASWR) for the collection of residential waste and commercial O.C.C. and in accordance with terms and conditions outlined in the agreement attached hereto as Schedule `A' and forming part of this by -law, be hereby accepted. 2. That the Mayor and Chief Administrative Officer, are hereby authorized and directed to execute on behalf of the Municipality of Kincardine, the agreement with BASWR, which is attached hereto as Schedule `A' and to affix the corporate seal. 3. This by -law shall come into full force and effect upon its final passage. • /2 Page 2 2013 BASWR Refuse & Commercial Cardboard Collection Agreement By -law By -law No. 2013 - 137 4. This by -law may be cited as the "2013 BASWR Refuse & Commercial Cardboard Collection Agreement By -law" • REA a FIRST d OND time this 16 day of October, 2013. c_. Mayor Clerk REA I a THIRD ti - and INALLY PASSED this 16 day of October, 2013. Mayor Clerk 0 Ill III III This is Schedule " to By-Law No .2 13 passed the an day of CciObe( 20 13 BRUCE AREA SOLID WASTE RECYCLING (BASWRA) AGREEMENT This AGREEMENT made this 28 day of November, 2013. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Owner" of the First Part -and- BRUCE AREA SOLID WASTE RECYCLING ASSOCIATION Hereinafter called the "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 commercial cardboard within Ward 1; AND WHEREAS it is expedient that the terms 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 Council decided to not collect residential cardboard in this contract. AND WHEREAS all contract documentation, being insurance and WSIB 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. t 2. The contract extension shall be October 18 2013 to October 31 , 2016 for both contracts. 3. The new rates shall be A. Contract 2001-06 (Collection of Garbage) shall be $209,555.25 per year, inclusive of all applicable taxes (HST exempt). B. Contract 2001-13 (Collection of Cardboard) shall be $27,582.00 per year, inclusive of all applicable taxes for commercial cardboard only (HST exempt). 4. The Contractor shall furnish copies of all mandatory documentation prior to the final execution of the contract. 5. Either party may terminate the contract upon 120 days written notice. Page 2 6. The Manager of Public Works shalt be the central point of contract for all inquiries, disputes or other items requiring resolution or decision 7. The following document shall be attached to this agreement (a) BASWRA letter dated September 19 2013. IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part of By-Law No 2013 - 137. The Corporation of the Municipality of Kinca ine IP • Mayor 4.4: Kraemer CAO - Murray Clarice We have the authority to bind the Corporation Bruce Area Solid Waste Recycling (BASWRA) -neral Manager (/ Chairperson Y ♦ e RR. #1, 126 Concession 14 •Southampton, ON • NOH 2L0 i ON Telephone (519) 797 -5557 • Fax (519) 797 -5472 • www.brucereeyel r g com September 19, 2013 . The Municipality of Kincardine 1475 Concession 5, RR 5 Kincardine, On. N2Z 2X6 . Attn: Kagan Sandhu — Director of Public Works Re: Waste Collection Tender No. 2001-06 Renewal Cardboard Collection Contract No. 2001 -13 Renewal Further to our conversation regarding the renewal of the waste and O.CC. collection contract (Tender #2001 -06) we are requesting a small increase, of 5.8% over the total cost of the contract. This represents an increase of less than 2% per year over the last three years and is attributed to fuel costs and wage increases to drivers. In regards to O.C.0 Collection, the increase in cost is also only a factor of fuel and wages. We hope The Municipality. of Kincardine finds this proposal acceptable and look forward to continue serving your waste and recycling services. The annual costs would then be as follows for the three -year period: Residential Waste Collection - $ 209,555.25 per year Commercial O.C.C. Collection $ 27,582.00 per year Please contact me if you have any questions. Sincerely, 7 . - z — : Vince Cascone General Manager Bruce Area Solid Waste Recycling .