HomeMy WebLinkAbout21 083 Municipal Hazardous and Special Waste Temporary Collection Event Memorandum of Understanding By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 083
BEING A BY-LAW TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF BRUCE FOR THE PROVISION
OF MUNICIPAL HAZARDOUS AND SPECIAL WASTE TEMPORARY
COLLECTION EVENT
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, 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 tC@ GNHD>DJ<FDMRUL <=DFDMR MI K@LJIH? 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 County of Bruce operates Municipal Hazardous and Special
Waste (MHSW) collection days accessible to all Bruce County ratepayers in
locations across the County on an annual basis;
AND WHEREAS The Corporation of the County of Bruce finds it desirous to partner
with The Corporation of the Municipality of Kincardine in delivering this service by
NLDHB JKIJ@KMR IPH@? =R MC@ 4NHD>DJ<FDMR <L < T9@GJIrary Collection Event;
AND WHEREAS The Corporation of the County of Bruce contracts the collection
and management of MHSW with a Third Party Contractor registered to undertake
the collection, sorting, recycling, and/or disposing of MHSW materials
AND WHEREAS The Corporation of the County of Bruce wishes to establish with
The Corporation of the Municipality of Kincardine mutually agreeable rules for use of
Municipal property as a Temporary Collection Event location;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient to enter into a memorandum of understanding to confirm the
performance of certain matters and to establish terms and responsibilities for the
operation of Temporary Collection Events with The Corporation of the County of
Bruce;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a
Memorandum of Understanding with The Corporation of the County of
Bruce, <MM<>C@? C@K@MI <L 8>C@?NF@ T.U.
2. This by-law shall come into full force and effect upon its final passing.
3. This by-F<P G<R =@ >DM@? <L MC@ VMunicipal Hazardous and Special Waste
Temporary Collection Event Memorandum of Understanding By-lawW#
Page 2
Municipal Hazardous and Special Waste Temporary Collection Event
Memorandum of Understanding By-law
By-law No. 2021 -083
READ a FIRST and SECOND TIME this 3rd day of May, 2021.
rd
READ a THIRD TIME and FINALLY PASSED this 3 day of May, 2021.
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Mayor Clerk
Memorandum of Understanding (MOU)
`Temporary Collection Event' for `Municipal Hazardous and Special Waste'
THIS Memorandum of Understanding dated May 41h, 2021
BETWEEN:
THE CORPORATION OF THE COUNTY OF BRUCE
(the "County")
and
THE CORPORATION OF THE MUNICIAPALITY OF KINCARDINE
(the "Municipality")
(a) The County operates Municipal Hazardous and Special Waste (MHSW) collection
days accessible to all County ratepayers in locations across the County on an annual
basis;
(b) The County finds it desirous to partner with the Municipality in delivering this
service by using property owned by the Municipality as a `Temporary Collection
Event;
(c) The County contracts the collection and management of MHSW with a Third
Party Contractor registered to undertake the collection, sorting, recycling, and/or
disposing of MHSW materials; and
(d) The County wishes to establish with the Municipality mutually agreeable rules
for use of Municipal property as a Temporary Collection Event location;
In consideration of the mutual terms and covenants herein contained, the Parties
covenant and agree as follows:
The parties agree:
1. DEFINITIONS
1.1 In this Memorandum of Understanding the following definitions shall apply:
Page 1
"Incident" means an occurrence or event, natural or human-caused that requires a
response to protect life, property, or the environment. An Incident may include
spills, gaseous release etc.
"Memorandum of Understanding" and "MOU" means this document, including any
Annex attached to the Memorandum of Understanding.
"MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c M. 56 and regulations, as amended, or any successor provincial
legislation that governs access to public information and the protection of personal
information and privacy.
"Municipal Hazardous and Special Waste (MHSW)" means materials, items etc.
designated by the County and may include, but not limited to, acids, aerosols,
caustic materials, paints, pesticides, oxidizers, oil, pressurized containers, all in
non-commercial volumes as determined by the County.
"Municipal Property" means lands owned or controlled by the Municipality.
"On-Site County Lead/Event Supervisor" means a County of Bruce staff person or
delegate in charge of the Temporary MHSW Collection Event and responsible for
liaison with the County Contractor.
"Temporary Collection Event" means Municipal Property designated by the
Municipality as a temporary location where County ratepayers may drop off
Municipal Hazardous and Special Waste on those days arranged by the County.
"Third Party Contractor" or "Contractor' means a registered Hazardous Waste
Collector contractor providing services under this MOU as arranged or contracted by
the County.
2. PURPOSE
2.1 The purpose of this MOU is to establish terms for the use of Municipal Property
for a Temporary Collection Event by the County.
3. BRUCE COUNTY OBLIGATIONS
Page 2
3.1 The County is responsible for:
a) arranging, executing, and monitoring a contract for the provision of MHSW
collection at a Temporary Collection Event;
b) setting up site safety signage, directing traffic, addressing traffic cues and any
vehicle accidents on Municipal Property during those times the Temporary
Collection Event is operating;
c) payment for all services rendered by the Contractor;
d) establishing the types and volumes of MHSW to be accepted at a Temporary
Collection Event;
e) advertising the days and times on which MHSW will be collected and at what
Municipal Property(ies);
f) establishing the layout of the Temporary Collection Event in partnership with the
Municipality and the Contractor;
g) appointing an On-Site County Lead/Event Supervisor and notifying the
Municipality of the appointment;
h) the physical removal of MHSW materials that meet County specifications from a
private vehicle attending the Temporary Collection Event. If the County does not
have sufficient staff available, this may be the responsibility of the contractor;
i) responding, including contacting local fire or Spill Action Centre etc., together
with the Contractor, to any Incident directly related to the removal, collection,
storage, or on-site movement of MHSW at the Temporary Collection Event;
j) coordination with the County insurance provider and/or Contractor insurance
provider and/or site remediation companies in the event of an Incident directly
related to the removal, collection, storage or on-site movement of MHSW at the
Temporary Collection Event;
Page 3
k) ensuring those sections of the Municipal Property used specifically for the
removal, collection, or storage of MHSW are returned to pre-event condition upon
closure of the Temporary Collection Event;
l) ensuring washroom facilities are available on site for the Temporary Collection
Event, whether the municipality provides access to their facility or the County
provides a portable washroom on-site.
4. MUNICIPAL OBLIGATIONS
4.1 The Municipality is responsible for:
a) providing a location within the municipality that is easily accessible to a large
volume of traffic and provides garage bays for the sorting of hazardous materials;
b) establishing the layout of the Temporary Collection Event in partnership with the
County;
c) advertising the days on which MHSW will be collected and at what Municipal
Property(ies) via the municipal web site and other social media where available;
d) appointing a representative of the Municipality who will be available on-site
during those times the Temporary Collection Event is operating;
e) paying all expenses and charges related to Municipal staff time and materials
required to fulfill the Municipal Obligations;
f) assisting the On-Site County Lead/Event Supervisor and/or Contractor with
response to any incident directly related to the removal, collection, storage, or on-
site movement of MHSW at the Temporary Collection Event;
g) If required, assisting the County in determining a suitable location for a portable
washroom to be placed;
h) advising the County 60 days in advance of a Temporary Collection Event date of
any municipal road construction/traffic issues that may impede the operation of the
Temporary Collection Event.
Page 4
5. EXPENSES AND CHARGES INCURRED
5.1 In the event that the Municipality incurs costs associated specifically with the
Temporary Collection Event and is of the opinion that these costs should be the
responsibility of the County, the Municipality shall forward to the County within 90
days of incurring the expense details of the expense. The County shall review the
submission and reply within 60 days.
5.2 In the case of disagreement between the County and the Municipality re: cost
incurred; Section 13 Dispute Resolution of this MOU shall apply.
6. TERM OF THE MEMORANDUM OF UNDERSTANDING
6.1 This MOU is continuous until terminated by either party as per Section 7.
7. TERMINATION
7.1 Either party may terminate this MOU unilaterally for any reason providing that
the party wishing to terminate provides not less than 60 days' written notice to the
other party of its intent to terminate this MOU.
8. AMENDMENTS
8.1 This MOU may be amended upon consent of the parties as evidenced in writing.
Refusal shall be subject to Section 7 Termination or Section 13 Dispute Resolution.
9. FORCE MAJEURE
9.1 Neither party shall be under any liability to the other because of any delay or
default in carrying out its obligations hereunder which is due in whole or in part to
an event of force majeure. A party who contends that its obligation is suspended, or
its performance is excused by reason of force majeure must give prompt written
notice to the other party specifying the condition or event constituting same in
which case both parties' obligations pursuant to this MOU shall be suspended during
such period. Upon cessation of such force majeure, such party shall give like notice
and commence performance hereunder as promptly as reasonably practicable. For
the purposes hereof, "force majeure" shall mean any cause beyond the reasonable
Page 5
control of the party claiming the force majeure and which is affecting performance
by such party but does not include a failure to make payments under this MOLL.
10. INDEMNIFICATION
10.1 Subject to force majeure, each party shall, from time to time and at all times
hereafter, save, defend, keep harmless and fully indemnify the other party, its
successors and assigns, from and against all actions, claims and demands
whatsoever that may be brought against or made upon the other party, and against
all loss, liability, judgments, claims, Costs (defined below), demands or expenses
that the other party may sustain, suffer or be put to, resulting from or arising out of
the first party's negligence or failure to exercise reasonable care, skill or diligence
in the performance, non-performance or rendering of any work or service required
to be performed or rendered by it, its agents, officials, employees or contract
agencies or any of them in accordance with the provisions of this MOLL. "Costs" mean
costs awarded in accordance with the order of a court of competent jurisdiction,
the order of a board, tribunal or arbitrator or costs negotiated in the settlement of
a claim or action.
11. INSURANCE
11.1 Each party shall, at its own expense during the term of this MOLL, cause to be
maintained:
a) Comprehensive General liability with limits of not less than $5,000,000.00 per
occurrence. Such coverage shall include (i) the other party as an additional insured,
and (ii) a cross liability/severability of interest clause; and (iii) standard Non-Owned
Automobile Liability coverage; and
b) Environmental Impairment Liability with limits of not less than $2,000,000 per
claim. Such coverage shall include (i) the other party as an additional insured, and
(ii) a cross liability/severability of interest clause.
11.2 Each party shall provide evidence of insurance coverage upon request of the
other party.
12. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
Page 6
12.1 The parties must be in good standing with the Workplace Safety and Insurance
Board (WSIB) during the term of this MOU and shall furnish the other party with a
valid certificate of good standing, or a letter indicating the party is a Schedule 2
employer, from the WSIB upon request. Where the party is not required to be
registered with the WSIB and is not covered by WSIB Optional Insurance, the party
shall maintain Employers Liability Insurance in the amount of $2,000,000.00 per
occurrence.
13. DISPUTE RESOLUTION
13.1 The parties shall make every reasonable effort to settle any dispute that arises
as a result of any claim or controversy evolving from this MOU by negotiation.
13.2 The parties agree that the dispute resolution process established in this MOU
shall be applied to resolve all disputes between the parties that arise during the
term of this MOU. The parties acknowledge that they wish to develop and foster a
positive and cooperative relationship and therefore agree that subject to any
termination rights of the parties as set out in this MOU:
a) In the event of a dispute between the parties in respect of a matter arising under
this MOU, the authorized representatives of the parties shall, by telephone or in
person, engage in good faith negotiations with a view to resolving the dispute;
b) The dispute shall, if necessary, proceed through a two-stage resolution process,
through the parties' authorized representatives. In the event any matter referred to
the authorized representative remains unresolved after a period of ten (10) business
days from its referral, it shall be referred to the representatives at the next stage
for settlement;
c) The representatives for the dispute resolution process are as follows:
For the County:
Stage 1 - Director, Transportation Et Environmental Services Department
Stage 2 - CAO
For the Municipality:
Page 7
Stage 1 - Director of Infrastructure and Development, Adam Weishar
Stage 2 - CAO, Sharon Chambers
d) A party may, by written notice to the other party change, its authorized
representatives for the purposes of this process, provided, however, that any of the
replacements of such representatives shall have similar authority to those
individuals they are replacing;
e) The parties agree that subject to any termination rights of the parties as set out
in this MOU, the existence of a dispute shall not interfere with the performance by
the parties of their respective obligations under this MOU and that each party shall
continue to perform its obligations under this MOU pending resolution of the dispute
under this Section.
14. NOTICE
14.1 Any notice required to be given or served on either party under this MOU must
be in writing and delivered personally, electronically, by facsimile transmission or
by prepaid registered mail, addressed to the County or the Municipality respectively
as set out below. Service of notice is effective on the next business day following
the date of personal delivery, electronic delivery, and facsimile transmission or, in
the case of a registered letter, on the third business day following the date of
mailing.
To the County at:
County of Bruce
30 Park Street, PO Box 398
Walkerton, ON NOG 2V0
Attention: Miguel Pelletier, Director
Phone: (519) 881-2400
Fax: (519) 507-3030
Email: mpelletier@brucecounty.on.ca
Page 8
To the Municipality at:
Municipality of Kincardine
1475 Concession 5
Kincardine, ON N2Z 2X6
Attention: Adam Weishar, Director of Infrastructure and Development
Phone: (519) 396-3468
Fax: (519) 369-8288
Email: aweishar@kincardine.ca
or to such other addresses as either party may from time to time designate by
written notice to the other party.
15. ENTIRETY
15.1 This MOU and the Annex attached form the entirety of the understanding
between the parties and supersede any other understanding or agreement,
collateral, oral or otherwise, regarding the use of Municipal Properties for a
Temporary Collection Event, existing between the parties at the date of execution
of this MOU. No supplement, modification, waiver, or termination of this MOU shall
be binding unless executed in writing by the party to be bound. No waiver of any
provision of this MOU shall be deemed to or shall constitute a waiver of any other
provisions, whether or not similar, nor shall such waiver constitute a continuing
waiver unless expressly provided.
16. CONFIDENTIALITY
16.1 The County shall maintain the confidentiality of and shall not, except as
required to carry out services, at any time during or following the term of this MOU,
use, disclose, release, or permit the disclosure or release of any information
disclosed by the Municipality or any information communicated to or acquired by
the County during the course of providing services without obtaining the prior
written consent of the Municipality.
16.2 The Municipality shall maintain the confidentiality of and shall not, except as
required to carry out services, at any time during or following the term of this MOU,
use, disclose, release, or permit the disclosure or release of any information
disclosed by the County or any information communicated to or acquired by the
Page 9
Municipality during the course of providing services without obtaining the prior
written consent of the County.
16.3 The parties agree that any information collected or exchanged between the
parties, pursuant to the terms of this MOU, is subject to the provisions of MFIPPA, as
amended.
17. ASSIGNMENT AND SUBCONTRACTING
17.1 The Municipality shall not assign or sub-contract this MOU in whole or in part,
or any or all of its rights or obligations without the County's prior written consent,
which consent will not be unreasonably withheld.
17.2 If the County consents to an assignment or subcontract, the assignment or
subcontract will not release or relieve the Municipality from its obligation to the
County or from the performance of services in accordance with this MOU.
18. COMPLIANCE
18.1 Both parties shall comply with all legislation, regulations, bylaws, rules,
orders, and other requirements enacted or imposed by federal, provincial,
municipal, or other government bodies, agencies, tribunals, or other authorities
which may be applicable to this MOU.
19. GOVERNING LAW
19.1 This MOU is governed by the laws of Ontario and the applicable laws of Canada.
20. NATURE OF RELATIONSHIP
20.1 Nothing in this MOU will be construed to imply a partnership between the
parties. It is expressly understood that the parties are independent parties and no
partnership of any kind is intended between the parties.
21. FURTHER ASSURANCES
21.1 The parties agree that they will at their own expense from time to time, and at
Page 10
all times, upon every reasonable request of the other, promptly make, do, execute
and deliver or cause to be made, done, executed and delivered all such further
acts, deeds or assurances as may be reasonably required for purposes of
implementing the matters contemplated by this MOU and establishing and
protecting the rights, interests and remedies intended to be created by this MOU.
22. SURVIVAL
22.1 Sections 5, 10, and 13 of this MOU shall survive any termination or expiration
of this MOU. If one or more of the provisions of this MOU for any reason shall be
held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision of this MOU and
this MOU shall be construed as if such invalid, illegal or unenforceable provision and
never been contained.
22.2 Notwithstanding Section 22.1, those provisions of this MOU that by their nature
should survive the expiry or earlier termination of this MOU will survive termination
or expiry of this MOU.
23. ANNEXES
23.1 The following Annexes shall be incorporated in and form part of this MOU:
a) Annex A - Approved Municipal Properties / Temporary Collection Event locations.
24. COUNTERPARTS
24.1 This MOU may be executed in any number of counterparts, each of which shall
be deemed to be an original but all of which taken together constitute an original
understanding and will be effective when one or more counterparts have been
signed by each of the parties.
25. SIGNATURES BY FAX/EMAIL
25.1 The parties may sign this MOU by facsimile or electronic transmission and a
facsimile or electronic copy has the same legally binding effect as an original.
Page 11
This MOU is effective on the date stated in the introductory clause.
In Witness Whereof the parties hereto have executed this Agreement by their duly
authorized representatives.
For the Municipality of Kincardine
Gerry Glover IIIIIIIIII�
signed with o=ig,O G-d
(2021/05/05)
Verify with—ifio—mo Adobe Reader.
Mayor, Gerry Glover
Sharon chambers
s,g-dw,thCo—s no a02„Os„ II
Verify with_fio com 0 Adobe Reader.
CAO, Sharon Chambers
We, together, have the authority to bind the Corporation.
For the County of Bruce
Director, Miguel Pelletier
I have the authority to bind the Corporation
Page 12
Annex A
Approved Municipal Properties / Temporary Collection Event locations
Property Owner Collection Event Location
Town of Saugeen Shores Southampton Works Yard,
29 Peel St., Southampton, ON
Municipality of Kincardine Kincardine Public Works Yard,
140 Valentine Ave., Kincardine, ON
Municipality of Northern Bruce Peninsula Eastnor Landfill Site,
1252 West Road, Lions Head, ON
Municipality of Northern Bruce Peninsula t Edmunds Landfill Site,
1 McArthur Road Tobermory, ON
Town of South Bruce Peninsula own of South Bruce Peninsula Works Garage
41048 Elm St., Wiarton, ON
Municipality of South Bruce South Bruce Municipal Building,
169 Bruce Road 3, Mildma , ON
Municipality of South Bruce South Bruce Works Garage
5 Gordon Street, Teeswater
Town of South Bruce Peninsula mabel Works Yard,
13 Municipal Road, Sauble Beach
Annex A (May 5, 2021) Page 13