HomeMy WebLinkAbout19 143 2019 BASWR Refuse & Commercial Cardboard Collection Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2019 - 143
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.
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2019 BASWR Refuse & Commercial Cardboard Collection Agreement By-law
By-law No. 2019 - 143
4. This by-law may be cited as the "2019 BASWR Refuse & Commercial
Cardboard Collection Agreement By-law"
• READ a FIRST and SECOND TIME this 4th day of November, 2019.
READ a THIRD TIME and FINALLY PASSED this 4th day of November, 2019.
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Mayor Clerk
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Thi- - H to By-Law
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of _NO m_ 20 l
BRUCE AREA SOLID WASTE RECYCLING (BASWRA)
AGREEMENT
This AGREEMENT made this 4th day of November, 2019
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, 2019 to October 31st, 2022
for both contracts.
3. The new rates shall be:
A. Contract 2001-06 (Collection of Garbage) shall be $227,457.39 per
year, inclusive of all applicable taxes (HST exempt).
B. Contract 2001-13 (Collection of Cardboard) shall be $31,344.55 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 October 8th, 2019
IN WITNESS WHEREOF the parties hereto have executed this Agreement forming part
of By-Law No. 201-6-- 114.
The Corporation of the Municipality of
Kincardine
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Mayor ! A ne E-die
*Pot
� — Sharon Chambers
We have the authority to bind the
Corporation
Bruce Area Solid Waste Recycling (BASWRA)
General Mana•;
Chairperson