HomeMy WebLinkAboutCSD-17-007 - Memorandum of Understanding with the Region of Waterloo RE the Sale of Garbage Bag Tags
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: January 9, 2017
SUBMITTED BY: Mark Hildebrand, Director Community Programs and Services,
(519) 741-2200 ext. 7687
PREPARED BY: Mark Hildebrand, Director Community Programs and Services,
(519) 741-2200 ext. 7687
WARD(S) INVOLVED: All
DATE OF REPORT: December 6, 2016
REPORT NO.: CSD-17-007
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE REGION OF
WATERLOO REGARDING THE SALE OF GARBAGE BAG TAGS
____________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a Memorandum of
Understanding, as attached to report CSD-17-007, with the Regional Municipality
of Waterloo for the sale of garbage bag tags, said agreement to be satisfactory to
the City Solicitor.
BACKGROUND:
In June 2015, Regional Council approved significant changes to curbside waste
collection services that will begin in March 2017. The changes will include bi-weekly
garbage collection with a four bag/container limit; bi-weekly bulk and appliance
collection with a three item limit; and the introduction of garbage bag tags for garbage in
excess of the four bag/container limit.
At the April 12, 2016 Regional Planning and Works Committee meeting, Regional
Councillors recommended that staff talk to area municipalities about distributing bag
tags through their facilities, which were seen as centrally located, well established, and
familiar to citizens. Regional Staff have since met with City of Kitchener staff and agreed
on the facilities that will sell garbage bag tags, pending Council approval.
REPORT:
Attached as appendix A is the Memorandum of Understanding (MOU) regarding the
sale of garbage bag tags, which outlines the obligations of the Region of Waterloo, the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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City of Kitchener, as well as identifies the proposed locations that garbage bag tags will
be sold.
The following key points are found within the MOU:
The garbage bag tag program will launch March 6, 2017.
The agreement for the sale of garbage bag tags will be for a minimum of one
year, which afterwards will be renewable for a year unless otherwise cancelled,
with notice, by either party.
The sale of garbage bag tags will be available at the 14 community centres
across the City of Kitchener, ensuring easy access for citizens with free parking.
A bulk buy of bag tags will be negotiated between the Region and City and will
include an administration cost, for their distribution, for the City of Kitchener (tags
are HST exempt).
Inventory can be returned by the City of Kitchener if sales don’t warrant the
original bulk purchase.
The Region will deliver the garbage bag tags to the City, and promote their
availability including all advertising, educational pamphlets etc.
Citizens will pay $20 for a sheet of ten tags ($2 each). There will be no expiry
date, no limit to purchasers, and no price change permitted.
The City of Kitchener is required to sell the tags at their facilities when they are
open to the public.
The City of Kitchener is required to track, monitor and report on tag quantities
sold.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
An administration cost of 15% has been negotiated between the Region of Waterloo
and the City of Kitchener and considers any costs (e.g. class fees, credit card fees)
associated with the administration and sale of garbage bag tags. As noted above,
garbage bag tags are HST exempt.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in
advance of the council / committee meeting.
ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services
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Appendix A
MEMORANDUM OF UNDERSTANDING (MOU) REGARDING THE SALE OF
GARBAGE TAGS
th
THIS AGREEMENT made on the 30 day of November, 2016 (the “Effective Date”)
BETWEEN:
THE REGIONAL MUNICIPALITY OF WATERLOO
(hereinafter called the “Region”)
-and-
THE CORPORATION OF THE CITY OF KITCHENER
(hereinafter called the “Vendor”)
WHEREAS on June 3, 2015, the Region adopted a four Bag Limit per single-family
residential unit per bi-weekly collection day
andon June 3, 2015, the Region adopted a 10 Bag Limit per bi-weekly collection day
for each multi-residential building having three to six units with such bag limits to be
effective on March 6, 2017, pursuant to the Waste By-Law;
AND WHEREAS the By-Law to Govern the Provision of Waste Management Services
under the Jurisdiction of the Region provides that no Occupier/Owner shall set out
garbage receptacles that are in excess of the Bag Limit unless those excess
receptacles have an attached garbage Tag;
AND WHEREAS on April 20, 2016, Regional Council approved Report TES-WMS-16-03
providing that a $2.00 per Tag fee for garbage Tags be introduced effective March 6,
2017
AND WHEREASpursuant to this MOU, the parties desire to outline how the Vendor will
sell garbage Tags to its residents on the Region’s behalf subject to the terms and
conditions contained herein;
NOW THEREFORE THIS AGREEMENT WITNESSES that for good and valuable
consideration, the receipt and sufficiency of which are acknowledged and the mutual
promises herein, the parties agree as follows:
1.0 DEFINITIONS
The following definitions apply to the interpretation of this MOU:
1.1 “Bag Limit” means the specified number of garbage receptacles per single family
residential unit and the specified number of garbage receptacles per multi-unit
building having 10 or fewer units, that an Occupier/Owner may set out per
collection day without needing a Tag as specified by the Waste By-Law;
1.2 ”By-Law” means Waste By-Law of the Region of Waterloo.
1.3 “Garbage Tag Program” or “Bag Tag Program” means the program in force
under the By-law pursuant to which no Occupier/Owner shall set out more than
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the permitted Bag Limit, unless those excess receptacles have an attached
Region of Waterloo garbage Tag.
1.4 “Commissioner” means the Commissioner of Transportation and Environmental
Services for the Region, or his or her designate, authorized to act on his or her
behalf.
1.5 “Designated Financial Contact” means the person at the Region’s Treasury
Services to whom communications related to this Agreement are directed
1.6 Designated Waste Management Contact” means the person at the Region’s
Waste Management Division to whom communications related to this Agreement
are directed.
1.7 “Distribution Location” means those locations owned and operated by the Vendor
that sell the Tags to the public listed in Schedule “A” attached hereto, as
amended from time to time pursuant to this Agreement.
1.8 "Occupier/Owner" includes both any person who is an owner and any person
who is an occupier of any land or building within Waterloo Region.
1.9 “Order Request” means a communication from the Vendor to the Designated
Waste Management Contact that includes the date, time, vendor name or
number, and specific quantity of Tags and/or promotion and education
information.
1.10 “Tag” or “Tags” means a sticker, tab, tie, label approved by the Commissioner for
the purpose of identifying garbage receptacles for collection.
1.11 “Vendor” means The Corporation of the City of Kitchener.
2.0 THE REGION’S OBLIGATIONS
2.1 The Region reserves the right to change, including reduce, the Bag Limit, and
shall notify the Vendor within thirty (30) days of passing a By-Law to change the
Bag Limit.
2.2 The Region shall be responsible for the design and the printing of the Tags. Initial
inventory of the Tags will be available December 2016.
2.3 The Region shall be responsible for creating and supplying communication
material on the Garbage Tag Program. For clarity, the Vendor is to disseminate
information and material to the public as supplied by the Region.
2.4 The Region shall be responsible for advertising the availability of the Tags and
endeavour to educate the public as to the Distribution Location of all Tag
Vendors through various forms of media as deemed necessary by the Region.
2.5 The Region shall confirm with the Vendor the contact information for the
Designated Financial Contact and Designated Waste Management Contact and
will notify the Vendor should these contact(s) change.
2.6 The Region will issue the Vendor fifteen (15) vendor numbers and will confirm
the Vendor Tag delivery addresses and contact persons.
2.7 The Region reserves the right to establish and revise minimum and/or maximum
Tag quantities for Order Requests, and shall notify the Vendor within thirty (30)
days of becoming aware of such change.
2.8 The Region reserves the right to establish an electronic Order Request form,
which would be confirmed in writing by the Region.
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2.9 The Region will bear the cost of delivery of the Tags to the Vendor.
2.10 The Region shall invoice the Vendor for Tags:
(a) for the total number of Tags to each of the Vendor’s Distribution Locations
by sending an electronic invoice to the Vendor; or
(b) for the total monthly salesof each of the Vendor’s Distribution Locations
as confirmed by the Vendor.
2.11 The Region will arrange delivery to each of the Vendor’s Distribution Locations
within five business days of receiving the Order Request.
2.12 The Region shall sell Tags to the Vendor at a cost of $1.70 each, allowing for
$0.30 administration and distribution fee totaling $2.00 each. For greater clarity,
Tags are HST exempt.
3.0 THE VENDOR’S OBLIGATIONS
3.1 The Vendor shall confirm with the Region the persons responsible for
communicating about the Garbage Tag program and will notify the Region should
this contact change.
3.2 The Vendor shall be responsible for ordering supplies of Tags and promotion and
education information from the Region, as required, by submitting an Order
Request to the Designated Waste Management contact at the Region via email,
or electronic form as required by the Region.
3.3 The Vendor shall confirm with the Designated Waste Management Contact the
locations to which Tags and promotion and education information, as ordered,
will be delivered. The Region will deliver to each of the Vendor locations
identified in Appendix A attached hereto
3.4 The Vendor will confirm delivery in writing to the Designated Waste Management
Contact and be responsible for the inventory once delivery has been received
from the Region.
3.5 The Vendor shall purchase Tags from the Region at a cost of $1.70 per Tag or
$8.50 per sheet of five (5).
3.6 The Vendor shall keep 15 per cent of the cost of each Tag being $0.30 for
administration and distribution.
3.7 The Vendor shall pay the Region for Tags:
(a) within thirty (30) days of receiving the electronic invoice produced and
sent by the Region to the Vendor for each Distribution Location; or
(b) by submitting a monthly report of total sales from each Distribution
Location to the Region and in a form satisfactory to the Region. The
Region will produce and send an electronic invoice to the Vendor based
on the monthly sales, and the Vendor will remit payment within thirty (30)
days of receiving the invoice.
3.8 The Vendor shall store the Tags in an office setting, in a climate-controlled
environment to assure that the Tags will function as required.
3.9 The Vendor will provide a list of Distribution Location(s) including addresses and
hours of operation for which it is responsible. Appendix A is the list of Distribution
Locations at the time of this MOU.
3.10 The Vendor shall notify the Region in writing of any changes in the address or
hours of operation of its current Distribution Location(s), and of any new
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Distribution Location(s) responsible for selling Tags in writing, thirty (30) days
prior to change implementation. Upon any renewal of this Agreement, the parties
shall review Schedule “A” and update it, if needed. To give effect to the new
Schedule “A” the parties shall sign an Acknowledgment confirming the new
Schedule “A”.
3.11 The Vendor shall have Tags available for purchase at all times that the
Distribution Location(s) are open to the public, save and except during rentals
and private functions, starting January 2017. Quantities of Tags are to be
monitored by each Distribution Location to ensure a sufficient supply. The
Vendor will make every effort to keep an adequate supply so that it does not run
out of Tags.
3.12 The Vendor shall sell Tags to an Occupier/Owner at $2.00 each. Tags are HST
exempt. Tags shall not be sold for more or less than the aforementioned price.
3.13 The Vendor shall sell Tags in sheets of five (5) only. Sales of individual tags will
not be permitted. The Vendor will not limit the number of sheets of Tags sold to
each Occupier/Owner.
3.14 The Vendor shall not accept Tags for refund from an Occupier/Owner requesting
such.
3.15 The Vendor shall provide promotion and education information to the public to
address inquiries from the public. The Vendor shall have communication material
as approved and supplied by the Region available for free distribution to the
public at all times that the Distribution Location(s) are open to the publicsave and
except during rentals and private functions,. Quantities of communication
material are to be monitored by each Distribution Location to ensure a sufficient
supply so that it does not run out. As well, the Vendor can direct the public to the
Region’s Service First Call Centre at (519) 575-4400 for assistance.
3.16 The Vendor shall keep track of the number of Tags sold at each Distribution
Location. The distribution record is to be forwarded by email to the Designated
Waste Management Contact by the 5th business day of the following month end,
in a form satisfactory to the Region.
3.17 The Vendor shall direct inquiries related to the administration and operation of
the Garbage Tag program to the Designated Waste Management staff.
3.18 In the event that Tags are lost due to theft, fire or other circumstance, the Vendor
shall notify the Region within forty-eight (48) hours. This loss of Tags shall be the
responsibility of the Vendor. Notwithstanding the foregoing any Tags deemed
damaged upon delivery to the Vendor will be returned to the Region without
payment.
4.0 TERM AND TERMINATION
4.1 This MOU is effective from the Effective Date that this MOU is made as set out
above for a term of one (1) year, and shall be automatically renewed for
successive one (1) year periods unless one party provides written notice to the
other party of its intention not to renew, no later than sixty (60) days prior to the
end of the then current term.
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4.2 This MOU replaces any previous agreements regarding Tags between the
Region and the Vendor. All previous agreements are declared null and void at
the time of signing this MOU.
4.3 Both the Vendor and the Region can terminate this MOU upon written notice to
the other party with immediate effect without prejudice. Non-compliance with any
of these conditions may result in the removal of the Vendor or specific
Distribution Location(s) as determined by the Region of Waterloo. The Vendor
agrees and will relinquish all unsold Tags to the Region immediately upon MOU
cancellation. The Region will buy back at the same cost to the Vendor any
unsold, pre-paid Tag inventory.
5.0 GENERAL PROVISIONS
5.1 The validity and interpretation of this MOU, and of each clause and part thereof,
shall be governed by the laws of the Province of Ontario.
5.2 In the event that any provision of this MOU is held invalid, illegal or
unenforceable, the remaining provisions of the MOU will not be affected and shall
continue in full force and effect.
5.3 This MOU shall not be assigned in whole or in part by the Vendor.
5.4 This MOU shall not be varied, altered, amended or supplemented except in
writing signed by the authorized representatives of both parties. No waiver of a
breach by a party under this MOU shall constitute a consent to or waiver of any
other different or subsequent breach.
5.5 Any notice or other communication required or permitted to be given by this MOU
shall be in writing and shall be effectively given if (i) delivered personally; or (ii)
sent by prepaid courier services; or (iii) sent by facsimile or other similar means
of electronic communication.
5.6 Both parties shall comply with all applicable federal, provincial and municipal
laws, rules, orders, regulations, and by-laws in respect of the performance of this
Agreement. Without limitation, if applicable: (i) pursuant to section 6 of Ontario
Regulation 429/07, Accessibility Standards for Customer Service made under the
Accessibility for Ontarians with Disabilities Act, 2005, both parties shall ensure
that all of its employees, agents, volunteers, or others for whom it is at law
responsible, receive training about the provision of the goods and services
contemplated herein to persons with disabilities; and (ii) pursuant to section 7 of
Ontario Regulation 191/11, Integrated Accessibility Standards made under the
Accessibility for Ontarians with Disabilities Act, 2005, both parties shall ensure
that training is provided on the requirements of the accessibility standards
referred to in such Regulation and on the Human Rights Code as it pertains to
persons with disabilities, as set out in such Regulation.
5.7 This MOU shall continue to the benefit of and be binding upon each party’s
respective successors and permitted assigns.
5.8 Each of the parties is an independent contractor retaining complete control over
and complete responsibility for its own operations and employees. The Vendor is
not and shall not hold itself out to be an agent, legal representative, partner,
subsidiary, joint venturer or employee of the Region, and the Vendor shall have
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no right or power to and shall not bind or obligate the Region in any way, manner
or thing whatsoever or represent that it has any right to do so.
6.0 DISPUTE RESOLUTION
6.1 The parties agree that if any dispute or claim arising out of or in connection with
this MOU that is solely as between the parties hereto cannot be resolved through
good faith negotiation to the satisfaction of the parties within thirty days (or such
longer period as may be agreed upon in writing) from the date that either party
notifies the other in writing that such dispute or claim exists, then the parties
agree to the fullest extent permitted by applicable law that any dispute relating to
this MOU and/or all of the matters contemplated herein shall be exclusively and
finally resolved by binding arbitration before a single arbitrator selected by the
parties. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and said arbitrators shall then select a third arbitrator, and all three
arbitrators shall then arbitrate the dispute. The arbitrator(s) shall take all
reasonable steps to render his decision in writing within ninety (90) days after the
commencement of the arbitration proceeding. The decision of the arbitrator(s), or
any two of the three arbitrators, shall be final and binding on the parties and all of
their respective heirs, executors, administrators, successors and assigns.
Judgment rendered by the arbitrator(s) may be entered in any court having
jurisdiction. Any requirement for arbitration in accordance with this MOU shall be
governed by the Arbitration Act, 1991 (Ontario), or any successor legislation
thereto, and the arbitration shall be held in the Regional Municipality of Waterloo,
Ontario, Canada.
7.0 CONFIDENTIALITY
7.1 Each party acknowledges and agrees that the other party shall be bound and
comply with all applicable privacy laws, including but not limited to the Municipal
Freedom of Information and Protection of Privacy Act in the performance of this
Agreement
7.2 Each of the Region and the Vendor agrees to disclose to the other all such
information as may be required to facilitate and complete the Services pursuant
to the terms of this Agreement.
7.3 The provisions of this MOU and any information disclosed by the Region or the
Vendor to the other in furtherance of this Agreement shall be regarded as
confidential. Such information may only be disclosed to individuals within the
Vendor and the Region with a “need to know” in order to carry out the services
under this MOU, and may only be disclosed to a third party upon the written
consent of the other party; provided, however, that the obligation to keep
information confidential shall not apply to information which:
(i) is already known to the recipient when disclosed;
(ii) becomes part of the public domain without breach of this MOU;
(iii) is developed by the recipient independently and without reference to the
received confidential information; or
(iv) is required to be disclosed under operation of law.
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The provisions of this section shall survive the expiration or termination of this MOU.
8.0 INDEMNIFICATION
Both parties, both during and after the term of this MOU, shall at all times, and at its
own cost, expense and risk, indemnify, defend and hold harmless the other party, its
elected officials, officers, employees, volunteers, agents, contractors, and all respective
heirs, administrators, executors, successors and assigns from any and all losses,
damages (including, but not limited to, incidental, indirect, special and consequential
damages, or any loss of use, revenue or profit by any person, organization or entity),
fines, penalties and surcharges, liabilities (including, but not limited to, any and all
liability for damage to property and injury to persons, including death), judgments,
claims, demands, causes of action, contracts, suits, actions or other proceedings of any
kind (including, but not limited to proceedings of a criminal, administrative or quasi
criminal nature) and expenses (including, but not limited to, legal fees on a substantial
indemnity basis), which the indemnified person or persons may suffer or incur,
howsoever caused, arising out of or in consequence of or directly or indirectly
attributable to the services required to be performed by the other party, its agents,
employees and sub-consultants on behalf of the other party, provided such losses,
damages, fines, penalties and surcharges, liabilities, judgments, claims, demands,
causes of action, contracts, suits, actions or other proceedings of any kind and
expenses as defined above are due or claimed to be due to the negligence, breach of
contract, and/or breach of law of the other party its agents, employees or sub-
consultants.
IN WITNESS WHEREOF the parties have shown their agreement by affixing hereto the
signatures of their duly authorized signing officers.
THE REGIONAL MUNICIPALITY OF WATERLOO
Per:
Name:
Title:
Document Execution No. __________________________
I/We Have Authority To Bind the Corporation
THE CORPORATION OF THE CITY OF KITCHENER
Per:
Name:
Title:
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I/we have the authority to bind the Corporation.
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APPENDIX A: List of Vendor Distribution Locations
NAME OF FACILITY ADDRESS
Breithaupt Centre 350 Margaret Avenue N2H 4J8
Bridgeport Community Centre 20 Tyson Drive N2K 1G9
Centreville Chicopee Community Centre 141 Morgan Drive N2A 2M4
Chandler Mowat Community Centre 222 Chandler Drive N2E 3L7
Country Hill Community Centre 100 Rittenhouse Road N2E 2M9
Doon Pioneer Park Community Centre 150 Pioneer Drive N2P 2C2
Downtown Community Centre 35-B Weber Street West N2H 3Z1
Forest Heights Community Centre 1700 Queens Blvd. N2N 3L6
Kingsdale Community Centre 72 Wilson Avenue N2C 1G5
Mill Courtland Community Centre 216 Mill Street N2M 3R2
Rockway Community Centre 1405 King Street East N2G 2N9
Stanley Park Community Centre 505 Franklin Street North N2A 4K7
Victoria Hills Community Centre 10 Chopin Drive N2M 2G2
Williamsburg Community Centre 1187 Fischer-Hallman Road, N2E 4H9
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