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Home My WebLink About16 114 2016 BASWR Refuse & Commercial Cardboard Collection Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT iu 7 C /PA ly of K1NCP \ � BY -LAW NO. 2016 -114 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 this agreement be that this contract be exempted from provision 7.2 of the Purchasing and Procurement Policy No. GG.2.17 and be awarded as per provision 9.3 of the policy. 3. 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. • 4. This by -law shall come into full force and effect upon its final passage. /2 Page 2 2016 BASWR Refuse & Commercial Cardboard Collection Agreement By -law By -law No. 2016 - 114 5. This by -law may be cited as the "2016 BASWR Refuse & Commercial Cardboard Collection Agreement By -law" • READ a FIRST and SECOND TIME this 5th day of October, 2016. READ a THIRD TIME and FINALLY PASSED this 5th day of October, 2016. Mayor Deputy Clerk • • • This is Schedule " " to By -Law Nov9ib I/ `t passed the day of al r 201 1 BRUCE AREA SOLID WASTE RECYCLING (BASWRA) AGREEMENT This AGREEMENT made this 6th day of October, 2016 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. 2. The contract extension shall be November 1, 2016 to October 31st, 2019 for both contracts. 3. The new rates shall be: A. Contract 2001 -06 (Collection of Garbage) shall be $215,265.27 per year, inclusive of all applicable taxes (HST exempt). B. Contract 2001 -13 (Collection of Cardboard) shall be $30,052.92 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 Public Works Director shall 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 7t", 2016 IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part of By -Law No. 2016 - 114. The Corporation of the Municipality of Kincardine Q -Or-_-. Mayor — Anne E ie CAO - Murray Clarke We have the authority to bind the Corporation Bruce Area Solid Waste Recycling (BASWRA) eneral Manage Chairperson 126 Concession 14 !Southampton, ON 1 NOH 2L0 C C Telephone (519)797 55571 Fax (519) 797 5472ewww brucerecyciing com Con tis 310 oA e September 7, 2016 The Municipality of Kincardine 1475 Concession 5, RR 5 Kincardine, On. N22 2X6 Attn: Adam Weishar— 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 OCC collection contracts. We are requesting a small in- crease of 2.7% for the current waste contract and a slightly higher increase in the current OCC contract due to poor commodi- ty prices and higher processing costs. We have also included a price for adding Ward 1 residential OCC collection to the current commercial OCC collection. BASWR is also open to revisit the cardboard contract pricing if commodity revenues improve. 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: 2013 Contract Residential Waste Collection - $215,265.27 per year $209,555.28 per year Commercial O.C.C. Collection $ 30,052.92 per year $ 27,582.00 per year Commercial & Ward 1 Residential O.C.C. Collection $ 38,956.59 per year Please contact me if you have any questions. Sincerely, 7.( Vince Cascone General Manager