HomeMy WebLinkAboutJanuary 16, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, January 16, 2025
6:00 p.m.
The January 16, 2025 Council Meeting will allow for a hybrid meeting function.
You may attend in person or virtually through the live-stream
on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
A. Procedural Motion to Amend Start Time
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
5. PRESENTATIONS
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held December 19, 2024
B. Statutory Meeting of Council held December 19, 2024
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-01/25 by Mark Russell, By-law Enforcement Officer re Port Burwell East Beach
– Paid Parking Options
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12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance A-23/24 Augustine
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-01/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re
2024 4th Quarter Drainage Report
B. Report DS-01/25 by Scott Sutherland, Chief Building Official re 2024 4th Quarter Building
Report
C. Report DS-02/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-26/24 Weber
D. Report DS-03/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-28/24 Abell
E. Report DS-04/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-28/24 Gloin and Grube
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Stratford re Respecting Local Democracy and Cities
B. Municipality of Kincardine re Property Taxation Implications Related to Non-Market
Valuation of Electricity Industry Properties
C. Municipality of South Huron re Heritage Advisory Committee
D. City of Woodstock re Children’s Aid Society
E. Emergency Management Ontario re Proposed Amendments to Modernize the Emergency
Management and Civil Protection Act
F. Elgin County re December 12, 2024 County Council Highlights
G. Long Point Region Conservation Authority re December 5, 2024 Meeting Minutes
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-01/25 by Thomas Thayer, CAO re Transfer Payment Agreement – Fire
Protection Grant
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B. Report CAO-02/25 by Thomas Thayer, CAO re Agreement for Residential Waste
Management Collection Services – Norfolk Disposal
C. Report CAO-03/25 by Thomas Thayer, CAO re Method of Procurement – Capital Item FA-
02 – Facility Audits
14. BY-LAWS
A. By-law No. 2025-001 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Environmental E360 Solutions
Ltd. for the portable washroom supply, placement and cleaning
B. By-law No. 2025-002 Being a by-law to adopt a social media policy
C. By-law No. 2025-003 Being a by-law to authorize the execution of a transfer
payment agreement between His Majesty the King in Right of Ontario and the Corporation
of the Municipality of Bayham for the fire protection grant program
D. By-law No. 2025-004 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Norfolk Disposal for
residential waste management collection services
E. By-law No. Z795-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – Weber
F. By-law No. Z796-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – Abell
G. By-law No. Z797-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – Gloin
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. Confidential Item re Educational or training session (By-law Enforcement)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-005 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, December 19, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 4 Applications
The December 19, 2024 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE *via Zoom
SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
BY-LAW ENFORCEMENT OFFICER MARK RUSSELL
MANAGER OF PUBLIC WORKS /
DRAINAGE SUPERINTENDENT STEVE ADAMS
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:01 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Emerson noted a pecuniary interest for item 12.1.1 B.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
One (1) item for Closed Session: Confidential Item re Labour relations, employee negotiations; A
position, plan, procedure, criteria, or instruction to be applied to any negotiations on or to be
carried on by or on behalf of the municipality or local board (CUPE).
4. ANNOUNCEMENTS
CAO Thayer reiterated the Municipal Office closures over the holidays. Thayer also reminded
residents that our garbage tags do expire each year and to come pick up your 2025 tags.
Councillor Chilcott wished everyone a safe and happy Christmas and New Year.
5. PRESENTATIONS
This item was considered after the Statutory Planning Meeting.
A. John Cherewko & Mia Brown re HONK Presentation & Demo
Council Minutes December 19, 2024
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Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the presentation by John Cherewko & Mia Brown re HONK Presentation & Demo
be received for information.
CARRIED
The Council Meeting recessed at 8:41 pm and resumed at 8:49 pm.
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Meeting of Council held December 12, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Special Meeting of Council held December 12, 2024 be
approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
A. Councillor Chilcott re Donation to School Food Programs
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
WHEREAS the cost of living continues to rise causing many families to not be able to
afford basic necessities like groceries;
AND WHEREAS school food programs are in place to help provide children with food
while at school;
AND WHEREAS the Straffordville Public School and Port Burwell Public School have a
food program in place;
AND WHEREAS the Municipality of Bayham is desirous of providing support to these
school food programs;
THEREFORE BE IT RESOLVED THAT the remaining funds in the Municipal Assistance
line of $1000 be donated equally to the Straffordville Public School and Port Burwell Public
School food programs before the end of 2024.
CARRIED
Council Minutes December 19, 2024
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B. Councillor Froese re Non Union Work From Home Policy
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
WHEREAS the COVID-19 pandemic resulted in a number of municipal staff across
Ontario to work from home;
AND WHEREAS the ability to work from home was applicable for some Bayham Staff to
continue to provide service during the pandemic;
AND WHEREAS Council for the Municipality of Bayham adopted a Non Union Work From
Home Policy on August 19, 2021 to formalize this ability to work from home;
AND WHEREAS the pandemic is now ended and all staff are back working in the office;
THEREFORE BE IT RESOLVED THAT the Non Union Work From Home Policy be
repealed.
CARRIED
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-16/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – RFT 04-24 Portable Washroom Supply, Placement and Cleaning for
2025-2028
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report PS-16/24 re Tender Award – RFT 04-24 – Portable Washroom Supply,
Placement, and Cleaning for 2025-2028;
AND THAT 2025-2028 Portable Washroom be awarded to Environmental E360 Solutions
Ltd. in accordance with their tender submission;
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AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a by-law to enter into an agreement with Environmental E360 Solutions Ltd.
for the provision of 2025-2028 Portable Washroom Supply, Placement, and Cleaning.
CARRIED
The Council Meeting recessed at 7:30 pm to host a Statutory Planning Meeting and
resumed at 8:05 pm and considered item 5. A.
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed ZBA-26/24 Weber
B. Notice of Public Meeting re Proposed ZBA-27/24 & OPA-04/24 1498855 Ontario Inc.
(Emerson)
C. Notice of Public Meeting re Proposed ZBA-28/24 Abell
D. Notice of Public Meeting re Proposed ZBA-29/24 Gloin & Grube
E. Notice of Public Meeting re Proposed Minor Variance A-23/24 Augustine
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A – E be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-14/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – North Street Municipal Drain
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DR-14/24 regarding the North St. Drain Award Contract be received for
information;
AND THAT the Council of The Corporation of the Municipality of Bayham accept the
tender for the North Street Drain, as submitted by Froese Excavating Ltd., in the amount
of $132,944.50 + HST, with work to commence on or before January 31, 2025 and be
completed on or before February 28, 2025;
Council Minutes December 19, 2024
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AND THAT a by-law to authorize the execution of contract documents with Froese
Excavating Ltd. be presented to Council for enactment
CARRIED
B. Report DS-88/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E2-25 1830567 Ontario Inc. 55942 Maple Grove Line
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DS-88/24 regarding the Consent Application E2-25 1830567 Ontario Inc. be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E2-25 be granted subject to the following conditions and
considerations:
1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed
Severed Lot from a ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-
XX)’ Zone to permit a Minimum Lot Frontage of 13.4 metres;
2. That the Owner obtains approval of a Zoning By-law Amendment for the proposed
Retained Lot from an ‘Agricultural (A1)’ Zone to a ‘Site-Specific Special Agricultural
(A2-XX)’ Zone to prohibit new dwellings and to recognize the deficient Minimum Lot
Area of 9.3 hectares;
3. That the Owner removes the portion of the existing greenhouse on the proposed
Retained Lot encroaching on the proposed Severed Lot, in accordance with the
provisions of the Zoning By-law;
4. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham
upon the granting of the consent by the Elgin County Land Division Committee.
5. That the Owner provides a digital copy of a survey of the subject lands.
6. That the Owner apply to and pay all fees to the Municipality with respect to Civic
Addressing/signage for the retained lot, where necessary.
CARRIED
C. Report DS-89/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E3-25 Harms 20 Elm Street
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report DS-89/24 regarding the Consent Application E2-25 Harms be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E2-25 be granted subject to the following conditions and
considerations:
1. That the Owner removes the concrete pad on the proposed Severed Lot;
2. That the Owner obtains a permit from the Municipality of Bayham for the installation of
a new municipal water and sanitary service connection to the proposed Severed Lot;
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3. That the Owner provides confirmation with respect to the location of the existing
municipal water and sanitary service connections to the Retained Lot. Should the
existing municipal servicing laterals cross the proposed property lines or do not have
sufficient clearance, the owner shall obtain a permit from the Municipality of Bayham
for the installation of a new municipal water and sanitary service connection to the
Retained Lot;
4. That the Owner obtains approval from the Municipality of Bayham for road entrance
permit (Elm Street) for a new access to the proposed Severed Lot;
5. That the Owner provides an engineered grading, drainage and storm water
management plan for each parcel to demonstrate that the lands will drain properly with
no negative impacts on the neighbouring lands or the street and showing a proposed
building envelope, all to the satisfaction of the Municipality of Bayham;
6. That the Owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu
of Parkland;
7. That the Owner provides a digital copy of a survey of the subject lands;
8. That the Owner applies and pay’s all fees to the Municipality with respect to Civic
Addressing/signage for the Severed Lot
9. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham
upon the granting of the consent by the Elgin County Land Division Committee.
CARRIED
D. Report DS-90/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E5-25 Hiebert 9215 and 9217 Alward Street
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-90/24 regarding the Consent Application E5-25 Hiebert be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E5-25 be granted subject to the following conditions and
considerations:
1. That the Owner obtains approval of a Minor Variance Application for the proposed
Severed Lot to permit a Minimum Lot Area of 680.0 m2;
2. That the Owner obtains a permit from the Municipality of Bayham for the installation of
municipal sanitary service connections to each of the proposed lots. Should the
existing municipal sanitary lateral cross the proposed property lines or does not have
sufficient clearance, the Owner shall obtain a permit from the Municipality of Bayham
for the installation of a new municipal sanitary service connection;
3. That the Owner obtains approval from the Municipality of Bayham for the installation of
a private well on each of the proposed lots, providing the Municipality with water
quantity and water quality reports for bacteria and nitrates content meeting the
Provincial standards for residential use, as a matter of public health and safety;
4. That the Owner initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule in accordance with the Drainage
Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to
the condition being deemed fulfilled. If the deposit does not cover the costs of the
revised assessment schedule, the Owner will be billed for any additional costs
incurred;
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5. That the Owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu
of Parkland;
6. That the Owner provides a digital copy of a survey of the subject lands
7. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham
upon the granting of the consent by the Elgin County Land Division Committee.
CARRIED
E. Report DS-91/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Residential
Maximum Building Height Regulations
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report DS-91/24 regarding Residential Maximum Building Height Regulations be
received for information;
AND THAT staff be directed to report back to Council with options of how to increase the
maximum building height in residential zones while maintaining emergency services.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Bradford West Gwillimbury re Ontario Deposit Return Program
B. Municipality of St. Charles re Ontario Deposit Return Program
C. Emergency Management Ontario re Ontario’s Public Education Strategy for Emergency
Management
D. Ministry of Municipal Affairs and Housing re Proposed Municipal Accountability Act, 2024
E. Joint Board of Management re September 4, 2024 Meeting Minutes
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT items 13.1.1 A – E be received for information;
AND THAT Council for the Municipality of Bayham supports items A & B.
CARRIED
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-12/24 by Meagan Elliott, Clerk re Social Media Policy
Council Minutes December 19, 2024
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Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report CL-12/24 re Social Media Policy be received for information;
AND THAT the Draft Social Media Policy be presented for enactment at the January 16,
2025 Regular Meeting of Council;
AND THAT, upon Policy enactment, staff be directed to proceed with a corporate social
media presence in accordance with Municipal Policy.
CARRIED
B. Report CL-13/24 by Meagan Elliott, Clerk re Facility Rental Policy
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Report CL-13/24 re Facility Rental Policy be received for information;
AND THAT Council approves the Facility Rental Policy as presented;
AND THAT the appropriate by-law be brought forward to adopt the Policy.
CARRIED
C. Report CAO-57/24 by Thomas Thayer, CAO re Disposition of Parts 1 and 2 – Plan 11R-
10901 John Street
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report CAO-57/24 re Disposition of Parts 1 and 2 – Plan 11R-10901 – John Street,
Vienna be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham authorizes the
sale of Parts 1 and 2 on Plan 11R-10901, being part of John Street, Vienna, as follows:
Part 1 on Plan 11R-10901 to Countryside Communities Inc. for $15,000 plus
applicable costs, and,
Part 2 on Plan 11R-10901 to Richard and Carol Holley for $15,000 plus applicable
costs;
AND THAT the appropriate conveyance by-law be brought forward for Council’s
consideration.
CARRIED
Council Minutes December 19, 2024
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14. BY-LAWS
A. By-law No. 2024-074 Being a by-law to provide for an interim tax levy
B. By-law No. 2024-075 Being a by-law to authorize borrowing from time to time to
meet current expenditures during the fiscal year ending December 31, 2025
C. By-law No. 2024-076 Being a by-law to convey part of John Street in the
Municipality of Bayham, in the County of Elgin, designated as Parts 1 and 2 on Registered
Plan 11R-10901
D. By-law No. 2024-077 Being a by-law to establish and require the payment of rates
and fees
E. By-law No. 2024-078 Being a by-law to adopt a facility rental policy
F. By-law No. 2024-079 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Froese Excavating Ltd. for
North Street Drain works
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT By-law Nos. 2024-074, 2024-075, 2024-076, 2024-077, 2024-078 and 2024-079 be
read a first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise to enter into an “In Camera” Session at 9:45 p.m. to
discuss:
A. Confidential Item re Labour relations, employee negotiations; A position, plan, procedure,
criteria, or instruction to be applied to any negotiations on or to be carried on by or on
behalf of the municipality or local board (CUPE)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
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THAT the Council do now rise from the “In Camera” Session at 9:57 p.m. and report on
Confidential Item re Labour relations, employee negotiations; A position, plan, procedure,
criteria, or instruction to be applied to any negotiations on or to be carried on by or on
behalf of the municipality or local board (CUPE).
CARRIED
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confidential Item re Labour relations, employee negotiations; A position, plan,
procedure, criteria, or instruction to be applied to any negotiations on or to be carried on
by or on behalf of the municipality or local board (CUPE) be received for information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-080 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2024-080 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 9:59 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, December 19, 2024
7:30 p.m.
A. Proposed Zoning By-law Amendment ZBA-26/24 Weber 53867 Heritage Line
B. Proposed Zoning By-law Amendment ZBA-27/24 and Proposed Official Plan Amendment OPA-
04/24 1498855 Ontario Inc. 92 Edison Drive
C. Proposed Zoning By-law Amendment ZBA-28/24 Abell 54437 Vienna Line
D. Proposed Zoning By-law Amendment ZBA-29/24 Gloin & Grube 56704 Eden Line
The December 19, 2024 Planning Public Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE *via Zoom
SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
BY-LAW ENFORCEMENT OFFICER MARK RUSSELL
PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: PAUL HINDE
TIM EMERSON
WENDY CARMICAHEL *via Zoom
PUBLIC ATTENDEES C: NATHANIEL ABELL
PUBLIC ATTENDEES D: JESSE FROESE
APPLICATION A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:31 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest declared.
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3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-law Amendment ZBA-26/24 Weber 53867 Heritage Line
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet
Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit a reduced
Lot Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2. The portion of the lands to be
rezoned only pertains to the Retained Lot (Parcel ‘E’) as part of the Consent Application (E27-
24) that was approved by the Elgin Land Division Committee. The subject property is known as
53867 Heritage Line, south side, and east of Richmond Road.
THE EFFECT of this By-law is to permit a reduced Minimum Lot Frontage and Minimum Lot Area for
the proposed Retained Lot (Parcel ‘E’) as part of clearing the Consent Conditions of Approval for
Elgin Land Division Committee file number E27-24 that was Conditionally Approved on April 24th,
2024.
5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-26/24 is now complete at 7:33 p.m.
CARRIED
APPLICATION B
9. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:33 pm.
10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Emerson declared a pecuniary interest and stepped away from his seat at 7:34 pm.
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11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
B. Proposed Zoning By-law Amendment ZBA-27/24 and Proposed Official Plan
Amendment OPA-04/24 1498855 Ontario Inc. 92 Edison Drive
THE PURPOSE of this combined Official Plan and Zoning By-law Amendment is to permit the
proposed Micro Distillery use with ancillary Retail and Event space on private services within an
existing building on the subject property known as 92 Edison Drive, north side, in the Village of
Vienna. Through the Official Plan Amendment, the south-western portion of the subject property will
be designated from the ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’
designation. Through the Zoning By-law Amendment, the south-western portion of the subject
property will be rezoned from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Holding
Site-Specific Tourist Commercial (C3-XX(h2))’ Zone, limiting the proposed use to a Maximum Floor
Area of 450.0 m2 (4,843.76 ft2).
THE EFFECT of this combined Official Plan and Zoning By-law Amendment is to permit the proposed
Micro Distillery business with ancillary Retail and Event space on private services for a Maximum
Floor Area of 450.0 m2 (4,843.76 ft2) within an existing building on the subject property.
13. PUBLIC PARTICIPATION
Wendy Carmichael spoke virtually to the application noting a number of areas with questions
and/or concerns. Topics included alterations to the river and any studies involved, traffic
concerns, noise impacts, waste management, impacts to farm animals on the property, hillside
erosion issues, greenhouse gases and parking on hazard lands.
Paul Hiend, Planner representing the client, spoke to the application. Mr. Hiend outlined the
desired intention and use of the lands noting that an event space is not currently defined.
Hiend explained that no new development is being proposed at this time as the client will be
utilizing an existing building. Hiend reminded that additional concerns/details will be
streamlined during Site Plan approval.
Tim Emerson, applicant, provided further insight to the application. Emerson explained that
distilling is a hobby of his and having a micro distillery in Bayham can help expand tourism.
Emerson noted that the intent is not to be a large business and should it grow in the future, he
would seek further permissions at that time.
14. CORRESPONDENCE
No correspondence.
15. OTHER BUSINESS
No other business.
16. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
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THAT the Zoning By-law and Official Plan Amendment be considered at a future meeting of
Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-27/24 and OPA-04/24 is now complete at 7:55 p.m.
CARRIED
Councillor Emerson returned to his seat at 7:55 pm.
APPLICATION C
17. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:55 pm.
18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest.
19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
C. Proposed Zoning By-law Amendment ZBA-28/24 Abell 54437 Vienna Line
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’
Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to facilitate the development of a detached
accessory building for an Additional Residential Unit (ARU), seeking relief from the following
provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 74% (139.4 m2 or
1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size), whereas 40%
(75.2 m2 or 809.4 ft2) is the requirement; and,
• Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft) from the primary
dwelling unit, whereas 40.0 metres (131.2 ft) is the requirement.
The subject property is known as 54437 Vienna Line, south side, and east of Woodworth Road.
THE EFFECT of this By-law is to facilitate the development a detached accessory building for an ARU
that exceeds the maximum permitted floor area and the maximum distance from the primary dwelling
unit.
21. PUBLIC PARTICIPATION
Nathaniel Abell, Agent, summarized the application.
22. CORRESPONDENCE
No correspondence.
5
23. OTHER BUSINESS
No other business.
24. ADJOURNMENT
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-28/24 is now complete at 8:01 p.m.
CARRIED
APPLICATION D
25. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 8:02 pm.
26. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest declared.
27. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
28. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
D. Proposed Zoning By-law Amendment ZBA-29/24 Gloin & Grube 56704 Eden Line
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential
(HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit the development of an
accessory detached garage on the subject property for the storage of a mobile home trailer and
personal belongings, which requires relief from the following provisions:
• Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft), whereas 4.5 metres (14.8 ft)
is required; and,
• Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2), whereas 75.0 m2 (807.3
ft2) is required.
The subject property is known as 56704 Eden Line, north side, and west of Plank Road.
THE EFFECT of this By-law is to permit a new accessory building (detached garage) that exceeds the
Maximum Height and Maximum Floor Area requirements for the storage of a mobile home trailer and
personal belongings.
29. PUBLIC PARTICIPATION
Agent, Jesse Froese, summarized the application noting the reason for the larger size is to
accommodate the storage of a Recreational Vehicle.
6
30. CORRESPONDENCE
No correspondence.
31. OTHER BUSINESS
No other business.
32. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-29/24 is now complete at 8:05 p.m.
CARRIED
MAYOR CLERK
REPORT
MUNICIPAL LAW
ENFORCEMENT
TO: Mayor & Members of Council
FROM: Mark Russell, Municipal Law Enforcement Officer
DATE: January 16, 2025
REPORT: BL-01/25 SUBJECT: PORT BURWELL EAST BEACH – PAID PARKING OPTIONS
BACKGROUND
At its January 18, 2024 meeting, Council received Report BL-01/24 re 2023 By-law Enforcement
Annual Report. Report BL-01/24 included some forward-looking ventures that staff were
considering, including paid parking at the Port Burwell East Beach. The Report specifically
stated:
“By-law will also be investigating further creative options for revenue generation, including the
possibility of paid parking at the beach without the need for the front-end capital investment
required through pay stations and similar infrastructure.”
Council passed the following motion:
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report BL-01/24 re 2023 By-law Enforcement Annual Report be received for
information.
Parking at Port Burwell East Beach has been challenging in years past, particularly in the
summer months during peak utilization. Parking for the East Beach can fill up quickly on busy
days, leaving many people looking for a place to park. This often leads to vehicle operators
parking in no-parking zones, bottle-necking vital areas of traffic flow, and affecting the ability for
emergency services to respond to the beach area quickly and effectively. Another consideration
is upcoming capital investment at the East Beach. The 2025-2034 Capital Budget, as adopted
in-principle by Council, includes the following items in its 10-Year Plan:
PR-06 – Electric Charging Station ($20,000)
PR-11 – East Pier Rehabilitation ($325,000)
PR-13 – Beach Accessibility Improvements ($50,000)
PR-14 – Beach Shade Structure ($80,000)
FA-09 – Port Burwell East Beach Washroom Expansion ($575,000)
This constitutes a potential $1.050 million in non-core upgrades at the East Beach, which are
currently identified through the various Capital Items as funded by grants or the tax levy, and
grants are not a guaranteed funding source. No user fees have historically applied as the East
Beach has been a free parking beach. As Council has identified a willingness to consider cost
recovery and creative funding mechanisms for Municipal functions, it follows that consideration
of a paid parking structure at the East Beach be considered, whereby generated revenues can
be directed to offset levy impacts and grant needs for non-core, beach-specific projects.
At its March 21, 2024 meeting, Council received Report BL-02/24 re Port Burwell East Beach –
Paid Parking Options. The Report presented options related to beach parking regulation and
how additional parking regulations can create turnover necessary to address traffic concerns.
Council passed the following motion:
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report BL-02/24 re Port Burwell East Beach – Paid Parking Options be received
for information;
AND THAT the report be referred to the Waterfront Advisory Committee for comment.
In accordance with Council’s direction, the Waterfront Advisory Committee received Memo
WAC-04/24 re Consideration of Paid Parking at the Port Burwell East Beach. Report BL-02/24
was appended to the Memo. The WAC passed the following recommendation to Council:
Moved by: Committee Member Wolfe
Seconded by: Committee Member Cardinal
THAT Memo WAC-04/24 re Consideration of Paid Parking at the Port Burwell East Beach
be received for information;
AND THAT The Waterfront Advisory Committee recommends to Council to move forward
with a pilot program for paid parking at the Port Burwell East Beach.
The above recommendation was received by Council at its May 2, 2024 meeting, and the
following motion was passed, in part:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Waterfront Advisory Committee Recommendations to Council be received for
information;
AND THAT staff be directed to:
report back to Council with more information on the implementation of a pilot program for paid
parking at the Port Burwell East Beach;
DISCUSSION
In recent years, parking has become a bigger issue, as the East Beach is getting busier and
people are parking on the road, roundabout, and in prohibited parking zones. With the
implementation of pay parking at the East Beach lot, it will encourage parking turnover, and free
up some additional spaces.
Municipalities typically incentivize turnover in parking by implementing paid parking regulations.
This ensures that vehicles remain parked for a defined period of time, as vehicle owners are
required to pay for the amount of time that the vehicle is parked.
A barrier to this approach is the procurement of physical paid parking infrastructure (parking
meters). Meters are costly to purchase, at approximately $8,000 - $9,000 per unit. Physical
parking meters are also costly to maintain when they break down, as parts can be difficult to
obtain depending on the supply chain. Repairs are typically conducted by contracted persons
with specialized knowledge of the inner workings of those machines which can also increase the
costs of operating the machines. Further, if a machine requires full replacement, costs can
become prohibitive. Physical parking meters are also subject to vandalism and, if not collected
regularly, coins remaining in the machines can be subject to theft. The machines also have to
be monitored at all times when parking is enforced to ensure that any technical glitches are
promptly addressed to minimize potential revenue loss. This is an additional operational
expense for physical parking solutions.
These barriers have been why, historically, consideration of paid parking at the East Beach has
not been seriously considered. Fortunately, as the technology has advanced, there is now an
alternative to physical parking meters, which allows municipalities to implement paid parking
restrictions in the form of mobile parking payment applications. These applications allow
municipalities to implement paid parking restrictions without all the drawbacks of the
implementation, maintenance, and monitoring of traditional parking meters.
How do Mobile Parking Payment Applications Work?
Mobile Parking Payment Applications work on a mobile phone, allowing users to pay for parking
at their destination before they exit their vehicle. At its December 19, 2024 meeting, Council
received a presentation from HONK Mobile as a precursor to this Report. The presentation was
meant to provide Council the opportunity to see a demonstration of a mobile payment platform
before formally considering a Report regarding a paid parking pilot for the East Beach.
Using HONK Mobile as an example, users can simply pay by using one (1) of the four (4) user-
friendly payment channels which include:
HONKTAP
HONKTAP uses a QR Code strategically placed within a lot which, when scanned, brings users
to a website where they enter in their plate, choose amount of time, and select their payment
method.
HONKTEXT
HONKTEXT is a text-based payment system. A user texts the number on the sign and the word
provided, such as “PARK”. A website link is sent to the phone, where users enter in their plate,
choose the amount of time and select their payment method.
HONKAPP
HONKAPP is an app-based method of payment. Users can simply download the application on
a smart phone, enter their plate, select required time and select payment method. This process
is extremely user friendly, as the app remembers your profile and the vehicles registered
requiring you only to enter the zone information, requested time, and authorize the payment.
In addition, the app users can see exactly how much time is left on the parking session, view
receipts, receive parking alerts and share directions to the parking area.
HONKWEB
HONKWEB is the same general platform, but web-based. Users can use any device connected
to the internet and start a parking session by log in through Facebook, Google, or sign up by e-
mail. Users input the vehicle plate, select time and preferred payment method.
Payment Process
The payment process is extremely easy to use, as users can pay by Debit, Visa, MasterCard,
Apple Pay, Google Pay, and PayPal. Most people have these payment options have already
been set up on their phones, making the payment process as simple as a tap of a button.
Once the transaction is completed, a receipt is sent to the users email where options to extend
the parking time is available. Users can also receive notification by text that their parking
session is about to expire in 15 minutes and a text when the parking session is no longer valid.
General Parking Enforcement
Vehicles that have paid for parking populate in a list in the enforcement application, which
allows Enforcement Officers to determine if a vehicle has paid or not, and if their time has
expired. Vehicles that have not paid for parking, or where the time has expired, would be
subject to enforcement.
To enhance that customer service experience, HONK sends notifications prior to the time
expiring on their mobile device. The users can either remove their vehicle, or top up their
parking time by paying for more time. This feature enhances the user’s experience, increases
the municipality’s revenue, and reduces the potential of unnecessary tickets being issued.
Parking Tickets Appeals
If a vehicle owner would like to dispute a parking ticket or report issues with payment, they will
be able to submit a compliant through an online form through the Municipality’s website.
The Enforcement Officer will review the online form and make a determination to void or keep
the ticket. When the Officer is processing the request, the officer will review the following:
Is any errors on the ticket?
Review photos of vehicle.
Review the payment information.
If an error is found on the ticket or the owner can show proof the vehicle paid for parking but
made a mistake entering in the plate information, the ticket will be voided. To avoid unnecessary
court proceedings, the Municipal Law Enforcement Officer will release pictures to the owner of
the vehicle to support the justification for the ticket.
Administration & Collection for Parking Tickets
The administration and collection of parking fines will continue to be administered by the County
of Elgin Provincial Offences Court.
Enforcement revenue distribution is governed by way of an Inter-municipal Service Agreement
with the County of Elgin, whereas the Municipality of Bayham receives all revenue associated
with Parking Enforcement, save and except 10 percent, which is kept by the County to cover the
costs of administration.
The revenue for the fines is an additional source of income and which can be conservatively
estimated at $10,000 to $15,000 per year. This additional revenue is not included in the below
projections.
Economic Development / Technological Barrier
There are opportunities for strategic partnerships with local businesses, where a vehicle owners
may be uncomfortable with the use of technology.
For persons that wish to pay in cash, strategic partnerships could be sought where parking
users can pay in cash at a local business. The businesses that chosen to partner with the
Municipality would take cash for the parking session and enter the payment for the parking
session on their account in the mobile parking payment application. This ensures that the
parking session is logged, and the business is compensated for the payment they have made in
the mobile parking payment application.
Strategic partnerships with local businesses can serve to stimulate local business by increasing
foot traffic in the businesses, and showcasing goods or services to visitors that may not have
otherwise attended in that location.
This approach has been implemented in Galveston, Texas, and was mutually beneficial for the
City, as well as local businesses. It may be worthwhile to consider at a smaller scale in Bayham.
Preferred Vendor and Cost
Staff has reached out to Mobile Parking Application Vendors, and, if interested, staff would
recommend sole-sourcing to HONK Mobile as the Mobile Parking Payment Application provider
for the pilot program.
Honk Mobile is a Canadian Company based out of Toronto, and has a proven track record of
success in Ontario, as they have strategic partnerships with the City of London, City of St.
Thomas, Niagara-on-the-Lake, Municipality of Central Elgin, and many more communities.
The costs would be $50 per month to administer the program, including office software access
to statistical reporting and the enforcement application. Included in the costs is the signage, QR
Codes, and Tap Reader stickers.
Honk would take a 5 percent fee per transaction with a minimum of $0.35 per transaction fee,
and 2.9 percent + $ 0.30 card processing fee which the user pays; and is agreed-upon when
users completes the transaction. Honk would remit 100 percent of the Municipal fees collected
for payment back to the Municipality on a monthly basis.
Parking Transaction Fees
Parking Transaction Fee- Daily/ Short Term Base Price x 5%
$ 0.35 minimum per transaction
Parking Transaction Fee – Monthly/Season Pass Base Price x 5%
$3.50 minimum per transaction
Parking Transaction Fees Paid By: End-User
Minimum Parking Transaction Fee (Per Month) $250.00
CARD PROCESSING FEE
All Debit, Credit & Prepaid Cards – Visa, MC, Amex,
Discover, PayPal.
2.90% + $0.30
General Seasonal Parking Pass & Resident Seasonal Parking Passes
HONK Mobile has a lot of flexibility and has the ability to create general seasonal passes or
create a resident seasonal passes program through HONKHUB.
Municipality of Central Elgin – General Seasonal Pass
Municipality of Central Elgin has a significant parking operation at their Main Beach in Port
Stanley, which offers a general seasonal parking passes to anyone for $103.50 plus HST. This
general seasonal pass is for the general public to park at the main beach and parking spaces
are on a first come basis.
Below, are the numbers provided by the Municipality of Central Elgin regarding general
seasonal parking passes.
Numbers Provided By Central Elgin (General Seasonal Parking Passes)
2022 2023 2024
Rates $ 100 + HST
Per Vehicle
$ 100 + HST
Per Vehicle
$ 103.50 + HST
Per Vehicle
Passes Sold 395 364 494
Net Revenue For
Seasonal Pass
$44,748.00
$40,906.00
$55,963
As the parking passes are open to the public, the only fees required is 5 percent fee per
transaction with a minimum of $3.50 per transaction fee, and 2.9% + $0.30 card processing fee,
which the user pays.
County of Norfolk – Resident Parking Pass
Norfolk County also does a seasonal pass, but have opted to implement a program specifically
for residents through their parking provider, Hotspot. No permits were issued in 2022, and in
2023, Council approved a residential parking pass for $35 per resident vehicle with restrictions
on hours and days.
The residential parking pass in 2023 were underutilized, with only 152 passes sold to residents.
Approximately 65 of the 152 resident passes sold were never used even once.
Only 77 % of the 87 resident passes sold were used 5 times or less.
Numbers Provided By Norfolk (Seasonal Passes – Resident only )
2022 2023 2024
Rates N/A $ 20.00
Per Vehicle
$ 35.00
Per Vehicle
Passes Sold 0 152 69
Net Revenue For
Seasonal Pass
0
$3040.00
$ 2415.00
Norfolk County staff has recommended to Council in past reports that resident parking passes
be increased to $100 per vehicle with no restrictions.
HONKHUB Seasonal Pass (Residents only)
HONKHUB is a product that allows the municipality to create resident seasonal parking passes.
Residents would apply online for a resident seasonal parking pass, and upload a document
showing proof they’re residents of the Municipality. Municipal staff would review the
documentation, and if approved the user would be able to purchase a seasonal resident parking
pass.
The cost to the Municipality would be $500 per month for the HONKHUB fee, which regulates
the resident seasonal parking system. In addition a parking transaction fee and processing fees
are charged which can be passed on to the user, or absorbed by the Municipality.
Parking Transaction Fees
Parking Transaction Fee – Monthly/Season Pass Base Price x 5%
$3.50 minimum per transaction
CARD PROCESSING FEE
All Debit, Credit & Prepaid Cards – Visa, MC, Amex,
Discover, PayPal.
2.90% + $0.30
HUB - Residential/ Seasonal Permit Program
*Only active (pay) during months operational
$500.00 Per Month
A residential seasonal pass system ensures full cost recovery of the program while allowing a
discount for permanent residents who may already be subject to the tax levy, which currently
pays for annual operations at the East Beach.
Parking fees would need to be established by Council in a By-law, but there is an opportunity to
offer permanent residents a discount. However, it is unknown how much the residential
seasonal passes will cut into revenue of the beach parking.
Recommendation – General & Resident Seasonal Parking Passes
Staff are recommending against having a general & resident seasonal pass for 2025. However,
if Council decided that they would like to have a seasonal pass, staff are recommending that
passes be open to the general public to avoid additional cost of the HONKHUB program and
additional staff time. In addition, that the general seasonal parking pass be for off peak days
only such as Monday to Thursday (excluding holiday Mondays) and be sold for $75.
Comparable Parking Rates
Below, rates have been collected to show possible comparators.
Municipality Daily Hourly Seasonal
Resident
(Per Vehicle)
Seasonal
Non- Resident
(Per Vehicle)
Cobourg
(Beach)
$40.00 $5.00 $40.00
$150.00
Municipality of
Central Elgin
(Port Stanley – Beach)
$20.00 $4.00 $103.50 + HST $103.50 + HST
Municipality of
Lambton Shores
(Grand Bend – Beach )
$30.00 $7.00 $150.00
Midtown Lot &
not available on
Main Beach
$150.00
Midtown Lot & not
available on Main
Beach
Municipality of
Meaford
(Waterfrontage)
$10.00 N/A Free
$100.00
Municipality of
Middlesex Centre
(No Beach )
$20.00
(weekday)
$30.00
(weekend)
$3.00
(weekday)
$5.00
(weekend)
Free $100 Plus HST
Municipality of
Niagara-on-the-Lake
(Waterfrontage)
N/A $5.25 $35.00
(3 Hour Max )
N/A
Norfolk County
Port Dover, Turkey
Point, Long Point
(Beach)
N/A $4.00 $35.00
(Recommending
$100)
N/A
Ontario Parks
Port Burwell,
Long Point,
Turkey Point
(Beach)
$18.00 N/A 84.75 Plus HST
(Summer Rate)
84.75 Plus HST
(Summer Rate)
Town of Godrich
(Beach)
$30.00 $6.00 Free
$65.00 + HST
Wasaga Beach
(Beach)
$30.00 $6.00 Free
$54.95
Staffing & Transportation
Currently, the By-law Enforcement Officer time is split with the Township of Malahide with the
split being 60/40 Bayham/Malahide. The implementation of paid parking will put additional
demands on the already hectic spring/summer schedule.
Based on the proposed increased level of service in by-law enforcement and consistent with
recent public budget consultation comments, staff are recommending that we hire a Seasonal
By-law Enforcement Officer to assist with the parking and beach enforcement to ensure that
compliance is gained, increase revenue and provide customer assistance at the beach.
The Seasonal Officer would start at the end of April to allow for training and finish the second
week in September. The proposed hours of enforcement would be between 9 am to 7 pm for 5
days a week, with weekend coverage to a maximum of 40 hours a week.
For transportation, staff are recommending that the Seasonal Officer be outfitted with an E-bike.
This will eliminate the need for an additional vehicle, reduce the carbon footprint, increase
officer presence, and allow the Seasonal Officer a means of transportation without placing
additional physical demands on them. The E-bike will be stored at the fire hall during the
day/night, and in a storage shed during the day at the East Beach.
E-Bike programs have been successfully implemented in a wide variety of municipalities such
as the Town of Tillsonburg, City of London, Gravenhurst, Leamington, and many more. In the
world of By-law Enforcement, E-bikes are quickly replacing conventional bikes.
Benefits of an E-bike over conventional bike include;
Reduces physical demands on officers.
Decreases the likelihood of heat stroke during hot summer months.
Uniforms are not sweaty from riding, which increases appearance of professionalism
and self-confidence.
Officers respond quicker to complaints and are able to cover more ground faster.
Community engagement.
Cost
The anticipated cost for the Seasonal Officer for 20 weeks ranges between $15,200 to $18,400
depending on the applicant and based on a 40-hour work week.
In addition, a one-time expense of $5,000.00 will be needed for the E-bike, and storage solution
at the beach.
The cost of the additional Seasonal Officer and additional equipment will be easily off set from
the revenue and fine collection.
Communications – Wi-Fi
The Manager of Public Works has been in contact with our internet provider Eastlink to
determine what will be needed to increase the Wi-Fi capability at the beach. As the Municipality
already has some existing infrastructure at the beach, a Wi-Fi extender will help resolve the
connectivity issues at the beach, and will allow free internet access to anyone so, they can
purchase a parking session.
The Wi-Fi improvements are estimated to cost $2,500.00, and will not only benefit the parking
users but the whole community who enjoy the beach.
Potential Revenue Implications
There are approximately 168 spaces in the lots closest to the East Beach. Staff are proposing a
daily rate of $20, and an hourly rate of $4 per hour. Staff canvassed other municipalities in the
area that administer a paid parking program. Norfolk County has no day rate, but sets an hourly
rate of $4 per hour. Central Elgin has a daily rate of $20, and an hourly rate of $4 per hour.
Norfolk County offers a discounted pass to residents at a cost of $35 per vehicle.
If a daily rate of $20 is set, and all of the spaces are paid up at the day rate, the lot can generate
a maximum revenue at a rate of $3,360 per day, $104,160 per month, and $520,800 for the full
season (May through September). These numbers are based on a best-case scenario using
maximum utilization.
For more realistic uptake rates and associated revenues, staff have consulted with HONK to
create revenue projections ranges per month after all fees have been paid by the user, and
have included two base scenarios below with some additional discussion of a midpoint revenue
target:
Scenario 1 – No Permits
Scenario 2 – With Permits
Based on the above, a reasonable mid-point projection would be approximately $35,000/month
in revenues during the beach season.
It is notable, that if Council opts to provide residents or the general public seasonal parking
passes at a discount, the parking revenue would decrease substantially since the scenarios
above contemplate a full cost-recovery dynamic where the costs of providing services to the
beach are removed significantly from the tax levy and users pick up the associated costs. If
residents are provided a discount and not paying a full user fee, they are effectively being
subsidized by non-residents. Further, revenues are based on the day/time, where weekends
(especially long weekends) are more heavily utilized than weekdays, and weather patterns will
also impact beach parking revenue generation.
In addition to the East Beach parking, staff would recommend consideration of including the lot
at the end of Pitt Street and Port Burwell Marine Museum, within the scope of any rate-
establishing by-law. If Council decides to include those spaces, it would amount to an increase
of number of spaces bringing the total number of paid spaces to approximately 198.
If Council desires and directs, all revenue from the implementation of paid parking can be
allocated towards by-law enforcement staffing costs, beach maintenance, or the
maintenance/rehabilitation of non-core infrastructure associated with the East Beach.
Additional Financial Considerations
Section 3.2 of Bayham’s 2023-2026 Community Strategic Plan is focused on financial
responsibility, and specifically references consideration for cost recovery of services. A paid
parking solution for the East Beach provides opportunity for four key things:
1) Provides Bayham with an additional revenue stream to potentially offset operational
costs associated with beach maintenance and staff time required for grooming, etc.
2) Establishes an additional revenue steam onto which the Municipality may borrow for
upcoming capital needs, using a portion of the revenue to service any debt.
3) Converts the East Beach and any other associated parking lots into a user-pay model,
similar to the legislated models for water and wastewater.
4) Allows for certain capital and operational expenditures to be removed from the tax levy,
thereby decreasing the annual tax levy request and associated increases in future fiscal
years.
There may, therefore, be a broader benefit to the Bayham taxpayer, should a paid parking
solution be considered and associated expenses be removed from general tax levy support.
At this time, and in light of the information Council has received over the last twelve months on
this file, staff are seeking Council’s direction regarding a paid parking solution for the East
Beach. Staff seek direction specifically whether interest exists to consider implementation for a
two-year pilot project effective 2025 through Honk Mobile, and, if interested, staff seek further
direction regarding areas subject to paid parking, applicable rates, and any formal direction of
revenues into a reserve or reserves for use in support of beach matters. If a pilot paid parking
solution for the East Beach is approved by Council, staff will be reviewing the parking by-law
and recommend any necessary updates, if needed.
STRATEGIC PLAN
3.1: Quality of Governance > To undertake strategies and technology and knowledge
capital investments that continuously improve a service-oriented governance
approach in Bayham.
Initiative(s): Continue to address and evaluate technology and communication opportunities
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Investigate options for moving services to full cost recovery
3.3: Quality of Governance > To strategically engage in partnerships, joint ventures
and other collaborative activities that leverage the Municipality’s resources and
capabilities in order to achieve enhanced efficiencies and benefits for the
community and its residents.
Initiative(s): Not applicable.
RECOMMENDATION
1. THAT Report BL-01/25 re Port Burwell East Beach – Paid Parking Options be
received;
2. AND THAT Council provide direction regarding paid parking options in support of the
Port Burwell East Beach.
Respectfully submitted: Reviewed by:
Mark Russell, CMM III Thomas Thayer, CMO, AOMC
By-law Enforcement Officer Chief Administrative Officer
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: January 16, 2025
REPORT: DR-01/25 SUBJECT: 2024 4th QUARTER DRAINAGE REPORT
BACKGROUND:
This Report is to inform Council of Q4 2024 ongoing and completed to-date drainage activities.
DISCUSSION:
Drainage works regarding Q4 2024 new drains and drain maintenance are outlined below:
New Drains:
Drain Name Status
County Road 43 Extension Petition was filed August 27, 2024
Council appoints Spriet’s to complete report
September 5, 2024
On-site meeting was held September 9, 2024
Waiting on Report- Expected 2025.
Peters Drain Extension Security holdback of $8,188.88 will be held
for one year. Due August 2025
New Drain - OBAR Extension to Branch C of
the Eden Drain.
Drain has been completed in November
2024.
Security hold back will be held through to
April 2025.
New Drain - VanQuaethem Extension Plank
Road.
Site meeting has been completed on Aug. 15,
2023
Engineer working on report- on hold due to
other plans.
Vienna Ridge Subdivision Drain will be completed by January 10, 2025.
Once inspected and sign off has been
complete from the engineer, security hold
back will be held for a period of one year.
11:28 Properties Inc. Petition Submitted and filed on Oct. 23, 2023
Council passed consideration of Petition on
November 2, 2023
Engineer has been assigned to prepare
report
Alex Visscher on February 26, 2024 has
signed the petition in regards to work being
completed on the West side of Plank Road.
Engineer waiting on West side Plank
development to complete report.
Frank Wall Petition submitted on October 4, 2023
Council considered and passed Petition on
October 19, 2023.
On-site meeting was held on November 14,
2023.
Engineer has been assigned to prepare the
report expecting the report mid-summer
Expect report in early 2025.
Drain Maintenance:
Drain Name Status
Todd Drain Property owner on April 24 reported sinkhole
in field.
Investigated sinkhole April 25 and what looks
to be broken tile.
Contractor was notified but could not
complete before crops were planted. Property
owner agreed to complete in fall after harvest
as hole was not effecting drain any further.
Contractor plans to complete this winter/early
fall.
Bartley Drain Complaint about build-up of brush.
Inspection of drain completed on Dec. 18,
2023 and drain has not been brushed in over
25 years.
Staff are preparing documents to have drain
brushed and ditch cleaned out.
Staff obtain estimate of $23,000 to complete
1300m of open ditch brushing and bottom
clean out.
Spriets are currently working on an updated
assessment.
Planning on brush completion early 2025
Smith Drain Complaint filed of a large sinkhole around
basin March 1, 2024
Contractor has been notified and expected
completion winter of 2025.
Magyar Drain Landowner filed for maintenance as the drain
is backing up into his filed on large storms.
Site visit revealed possible blocked pipe
sinkholes around basins. Contractor to
complete when field dries up.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
1. THAT Report DR-01/25 re 2024 4th Quarter Drainage Report be received for
information.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Scott Sutherland, Chief Building Official
DATE: January 16, 2025
REPORT: DS-01/25 SUBJECT: 4TH QUARTER REPORT
BACKGROUND
The purpose of this Report is to inform Council of the activities of the Building Services
Department for Q4 2024 and 2024 year-end.
DISCUSSION
The summary of building permits issued in Q4 2024 are as listed on the chart below:
Year 2024 2023 2022
No. permits issued 40 24 21
Permit fees $86,022 $21,255 $20,484
Construction Value $10,586,200 $4,105,999 $1,702,000
Houses 14 7 0
Farm Buildings 2 0 0
ICI Buildings 5 N/A N/A
Demolitions 0 N/A N/A
Other 19 17 21
Q4 2024 continued the recent pattern of strong quarters in the building department. Increases in
permit fees and construction value were led by increased numbers of housing starts over
previous Q4s (7 in 2023, and 0 in 2022), and continues consistent improvement in the quarterly
statistics, which began to improve in Q4 2023 after an 18-month sector downturn.
It is worth identifying that, on the basis of permit fees, construction value, and housing starts, Q4
2024 was the best for Bayham’s building services in at least the last ten years.
Total Building Permits for 2024:
Year 2024 2023 2022
No. permits issued 155 112 160
Permit fees $273,450 $110,278 $192,034
Construction Value $33,439,100 $18,999,899 $28,404,000
Houses 53 20 33
Farm Buildings 10 0 8
ICI Buildings 12 N/A N/A
Demolitions 8 N/A N/A
Other 72 92 119
2024 was the first full year of Building Services as a part of the Bayham/Malahide Shared
Services model and, as a full calendar year, witnessed one of the strongest building years for
the Municipality.
Report DS-01/24 anticipated higher expected permitting figures due in part to the recent uptick
in subdivision development interest; however, the 2024 Operating Budget was conservative and
included a $120,000 revenue projection as some unknowns around the broader fiscal
environment and impacts to the development industry still existed at the start of the year. The
expected increases in permitting figures did materialize in 2024, with permit counts, fees,
construction values, and new housing starts increasing markedly from 2023 and surpassing in
many cases 2022. There has been a decrease in Other builds, which may encompass smaller
projects such as sheds and decks.
Data for 2021, below, is also included in this Report for comparison purposes because, on the
basis of permit fees, construction value, and housing starts, 2024 was Bayham’s best,
surpassing that of a very strong 2021 building year and a low interest-rate environment, despite
lower overall permit counts. The decreased overall permit total appears to be due to a reduction
in Other types of permits, which are generally a lower fee and have not appreciably impacted
overall revenues. It is worth noting that some of the permit fee increase is due to increased
building fees, approved by Council in 2023 and further integrated into By-law No. 2023-095
during the 2024 Rates and Fees update through Report CL-14/23, and additional increases in
this area is due to a strong ICI (Industrial/Commercial/Institutional) build year for Bayham.
Year 2024 2021
No. permits issued 155 189
Permit fees $273,450 $211,373
Construction Value $33,439,100 $23,800,385
Houses 53 35
Farm Buildings 10 6
ICI Buildings 12 N/A
Demolitions 8 N/A
Other 72 148
Staff anticipate further strong building activity into 2025 as the Eden East and Vienna Ridge
subdivisions continue to progress, and additional planning activity results in additional building
permits associated with rezonings, minor variances, and consents. This optimism will be
reflected in the 2025 Operating Budget draft, forthcoming to Council in March/April 2025.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
1. THAT Report DS-01/25 re 4th Quarter Report be received for information.
Respectfully Submitted by: Reviewed by:
Scott Sutherland, CBCO Thomas Thayer, CMO, AOMC
Chief Building Official Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: January 16, 2025
REPORT: DS-02/25 FILE NO. C-07 / D13.WEBE
Roll # 3401-000-007-10100 SUBJECT: Rezoning Application ZBA-26/24 Weber
Zoning By-law No. Z795-2025
BACKGROUND
Appointed Agent Zach Prince has submitted a rezoning application on behalf of Quinn Weber to
rezone a property known municipally as 53867 Heritage Line, village of Richmond. The subject
lands are designated ‘Hamlets’ in Schedule ‘A1’ (Land Use) of the Municipality of Bayham
Official Plan and are zoned Hamlet Residential (HR) on Schedule ‘E’ Richmond of the
Municipality of Bayham Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Hamlet
Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit a reduced
Lot Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2. The portion of the lands to be
rezoned only pertains to the Retained Lot (Parcel ‘E’) as part of the Consent Application (E27-
24) that was approved by the Elgin Land Division Committee.
The effect of this By-law is to permit a reduced Minimum Lot Frontage and Minimum Lot Area
for the proposed Retained Lot (Parcel ‘E’) as part of clearing the Consent Conditions of
Approval for Elgin Land Division Committee file number E27-24 that was Conditionally
Approved on April 24th, 2024.
A public meeting was held December 19, 2024 with no attendees and no public comments. No
agency comments were received.
DISCUSSION
Council considered Staff Report DS-23/24 on April 4, 2024 and supported Consent E27-24
Weber with conditions that included the owner obtains approval of a Zoning By-law amendment
for the proposed Parcel E (retained lot) to permit a reduced lot frontage and reduced lot area.
Staff Report DS-02/25 Weber 2
The purpose and intent of the Zoning By-law amendment was circulated by Notice of Public
Meeting on November 15, 2024 and a second time on December 11, 2024. A By-law is
prepared for this application.
Referring to the application sketch prepared by Kim Husted Surveying Ltd., staff and planner
are supportive of the purpose and effect of the zoning amendment to facilitate the severance of
the rear portion Parcel “C” to be added to the adjacent Parcel “A” as proposed in Consent E27-
24, and recommend zoning by-law approval.
Staff and planner concur the proposed Zoning By-law amendment application conforms to the
Bayham Official Plan and meets the general intent and purpose of the Zoning Bylaw and
present the draft zoning by-law for Council’s consideration.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Rezoning Application ZBA-26/24 Weber
2. Draft Zoning By-law No. Z795-2025
RECOMMENDATION
THAT Report DS-02/25 regarding the Weber rezoning application be received for
information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held December 19, 2024
associated with this application, there were no written submissions and no oral presentations
regarding this matter and that all considerations were taken into account in Council’s decision
passing this resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by Quinn Weber identified as 53867 Heritage Line from
Hamlet Residential (HR) to Site-specific Hamlet Residential (HR-17) Zone to satisfy a
condition of Consent E27-24;
AND THAT Zoning By-law No. Z795-2025 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z795-2025
WEBER
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “E” (Richmond) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-17)’ Zone, which lands are outlined in heavy solid lines and marked “HR-17” on Schedule “E” (Richmond) to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.17.1 Defined Area
HR-17 as shown on Schedule “E” (Richmond) to this By-law.
9.12.17.2 Minimum Lot Frontage
19.9 metres
9.12.17.3 Minimum Lot Area
755.0 m2
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: January 16, 2025
REPORT: DS-03/25 FILE NO. C-07 / D13.ABEL
Roll # 3401-000-008-04800 SUBJECT: Rezoning Application ZBA-28/24 Abell
Zoning By-law No. Z796-2025
BACKGROUND
Appointed Agent Nathaniel Abell has submitted a rezoning application on behalf of Barb and
Kevin Abell to rezone a property known municipally as 54437 Vienna Line. The lands are
currently designated as ‘Agriculture’ in Schedule ‘A1’: Land Use of the Municipality of Bayham
Official Plan. The lands are currently zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map No. 13 in
Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’
Zone to a ‘Site-Specific Agricultural (A1-50)’ Zone to facilitate the development of a detached
accessory building for an Additional Residential Unit (ARU), seeking relief from the following
provisions:
Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 74% (139.4
m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size),
whereas 40% (75.2 m2 or 809.4 ft2) is the requirement; and,
Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft.) from the primary
dwelling unit, whereas 40.0 metres (131.2 ft.) is the requirement.
The effect of this By-law is to facilitate the development of a detached accessory building for an
ARU that exceeds the maximum permitted floor area and the maximum distance from the
primary dwelling unit.
A public meeting was held December 19, 2024 with one attendee being the Appointed Agent
and no public comments. Agency comment was received from the Elgin Federation of
Agriculture on December 11, 2024 and is attached to this report.
DISCUSSION
The applicants are looking to provide an additional dwelling for their children to allow for a
generational farm operation. The ARU is sized larger than the zoning permits, however, it still
maintains that it is smaller and secondary to the primary dwelling meeting the intent of the
Staff Report DS-03/25 Abell 2
Zoning By-law. Private servicing of the ARU will be addressed at the building permit application
stage ensuring that the ARU is serviced with a potable water supply and proper septic services.
The purpose and intent of the Zoning By-law amendment was circulated by Notice of Public
Meeting on November 29, 2024. Staff and planner concur the proposed Zoning By-law
amendment application conforms to the Bayham Official Plan and meets the general intent and
purpose of the Zoning Bylaw and present the draft zoning by-law for Council’s consideration.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Rezoning Application ZBA-28/24 Abell
2. Arcadis Memorandum dated January 7, 2025
3. Agency correspondence from Elgin Federation of Agriculture dated December 10, 2024
4. Draft Zoning By-law No. Z796-2025
RECOMMENDATION
THAT Report DS-03/25 regarding the Abell rezoning application be received for information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that one agency comment was received and at the public
participation meeting held December 19, 2024 associated with this application, there were no
public written submissions and one oral presentation by the appointed agent regarding this
matter and that all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by Barb and Kevin Abell identified as 54437 Vienna Line
from Agricultural (A1) to a Site-specific Agricultural (A1-50) Zone to facilitate the construction
of an ARU on the property requiring relief from:
Section 4.59 e) to permit an ARU with a Maximum Gross Floor Area that is 74%
(139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2
in size), whereas 40% (75.2 m2 or 809.4 ft2) is required; and,
Section 4.59 f) to permit an ARU that is located 61.1 metres (200.1 ft.) from the
primary dwelling unit, whereas 40.0 metres (131.2 ft.) is required.
AND THAT Zoning By-law No. Z796-2025 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date January 7, 2025
From Christian Tsimenidis, BES Project No 3404 - 970
cc
Subject Barb and Kevin Abell - Application for Zoning By-law
Amendment ZBA-28/24, 54437 Vienna Line
Background
1. We have completed a review of the application for a Zoning By-law Amendment
submitted by Nathaniel Abell on behalf of Barb and Kevin Abell, owners of the
subject property identified as 54437 Vienna Line, south side, and east of
Woodworth Road. The applicant is requesting a Zoning By-law Amendment to
rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific
Agricultural (A1-50)’ Zone to permit the development of a detached accessory
building for an Additional Residential Unit (ARU), seeking relief from the following
provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is
74% (139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2
or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or 809.4 ft2) is required; and,
• Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft) from
the primary dwelling unit, whereas 40.0 metres (131.2 ft) is required.
2. The owners have indicated that the proposed ARU is intended to provide an
additional dwelling for their children to eventually inherit the current farmland as the
owners age. This will allow the existing farm operation to continue with the next
generation of their family.
3. The lands are currently designated as ‘Agriculture’ in Schedule ‘A1’: Land Use of
the Municipality of Bayham Official Plan. The lands are currently zoned ‘Agricultural
(A1)’ in Schedule ‘A1’, Map No. 13 in Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
4. The subject property has a lot area of approximately 20.7 hectares (51.2 acres),
estimated lot frontage of 221.5 metres (726.7 feet), and a lot depth of approximately
1,014.2 metres (3,327.4 feet). The subject property is actively farmed by the owner.
The subject property consists of an existing single-detached dwelling to remain,
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
2
with a floor area of 188.0 m2 (2,023.6 ft2). An existing storage shed is located to the
rear of the single-detached dwelling with an approximate area of 33.5 m2 (360.6 ft2).
It is understood that the existing garage is used for personal storage and vehicles
and will remain unaltered. It is understood that a previous barn was located on the
subject property to the south-west of the single-detached dwelling, however, all that
remains is the foundation. The owner intends to remove the existing foundation and
is proposing to locate the detached ARU in this pre-developed area.
5. An existing access along Vienna Line is currently used to access the subject
property and will continue to be utilized by the owners. A new access is not
proposed, nor required for the proposed accessory building. The owner intends to
extend the existing driveway to the proposed detached ARU. The subject property
is currently serviced by a private well and private septic system. The proposed
detached ARU will require private servicing connections, which will be addressed
at the Building Permit Application stage, should Council approve the Zoning By-law
Amendment.
6. The subject property is predominantly surrounded by agricultural uses with various
wooded area to the immediate east and west. The proposed detached ARU is not
impacted by any natural features. Further to the east along Vienna Line existing
rural residential lots.
Public Comments
7. A statutory Public Meeting was held on December 19th, 2024, and no written or
verbal feedback from the public was received.
Municipality of Bayham Official Plan
8. The subject lands are currently designated as ‘Agriculture’ in Schedule ‘A1’: Land
Use of the Municipality of Bayham Official Plan. As per Section 2.1.1.2 of the Official
Plan, all types, sizes, and intensities of agricultural uses and normal farm practices
will be permitted and encouraged in the ‘Agriculture’ designation. A single-detached
dwelling supported by accessory buildings is also permitted in this land use
designation.
9. Comment: The proposed accessory building will support the existing single-
detached dwelling to remain on the subject property. It is our opinion that proposed
detached accessory building that has a floor area of 139.4 m2 (1,500.5 ft2) will still
maintain the general intent and purpose of the Official Plan, being that the low-rise
nature and built form within the ‘Agricultural’ designation will be maintained. The
overall size and massing of the building will not have significant impacts to the
neighbouring lots based on the location, as well as it’s size relative to the 20.7
hectares (51.2 acres) of the subject property.
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
3
The proposed location for the accessory building is 101.3 metres from Vienna Line,
and 61.1 metres from the primary dwelling, thus mitigating any concerns of visual
impacts from the public realm and adjacent lots. The proposed ARU will be located
outside of the cultivated agricultural lands and make use of an existing area where
a previous barn was located, thus protecting the existing agricultural lands, as
directed by Provincial policy and the Official Plan.
10. Section 2.1.12 of the Official Plan provides policy direction with respect to ARUs in
the ‘Agricultural’ land use designation. ARUs are permitted where a single-
detached dwelling exists. Further, ARUs within the ‘Agricultural’ land use
designation shall not be used for seasonal farm labour as intended in the
supplementary farm dwelling policies of the Official Plan.
11. Comment: The applicant is proposing one (1) detached ARU in an accessory
building where a single-detached dwelling is permitted and currently exists on the
subject property. The proposed ARU will not be used for seasonal farm labour. As
per the applicant, the owners have indicated the proposed ARU is intended to
provide an additional dwelling for their children to eventually inherit the current
farmland as the owners age. This will allow the existing farm operation to continue
with the next generation of their family.
12. Section 4.7.1 of the Official Plan provides additional policy direction with respect to
ARUs, outlining specific criteria. Up to one (1) ARU may be permitted within a single
detached dwelling or accessory building on such lots where the lot is on private
water and sewer services. Further, the following criteria must be met:
a) The exterior building or site changes to permit the additional residential
unit shall maintain the general form and architectural character of the
building where possible. Additional on-site parking shall be required.
b) A maximum of one (1) connection to existing private and\or municipal
sewage and water services shall be available to service the accessory
residential unit(s) ancillary to the primary dwelling unit, to the satisfaction
of the Municipality and the Southwestern Public Health as required.
c) The additional residential unit shall be incidental to the primary permitted
residential use, and can be located within the primary residential building
or an ancillary structure in accordance to the Planning Act, as amended.
13. Comment: The subject property is currently on private servicing and is permitted
one (1) ARU within an accessory building. Based on the building and elevation
plans provided by the applicant, it is our opinion that the proposed detached
accessory building maintains the general form and architectural character of the
existing single-detached dwelling and surrounding agricultural area. Parking will
also be available for the proposed ARU. The proposed ARU will require private
servicing connections, which will be addressed at the Building Permit Application
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
4
stage should Council approve this Zoning By-law Amendment. The ARU is also
considered “incidental to the primary permitted residential use”, as the ARU will
have a floor area of 139.4 m2 (1,500.5 ft2), while the primary dwelling unit has a
floor area of 188.0 m2 (2,023.6 ft2).
Based on the analysis provided above, it is our opinion that the proposed Zoning By-law
Amendment Application conforms to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
14. The subject property is currently zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map
No. 13 in Zoning By-law No. Z456-2003. As per Section 4.59, an ARU is
permitted as-of-right on the subject property, as a single-detached dwelling exists
on the subject property. Further, as per Section 5.2 of the Zoning By-law, the ‘A1’
Zone permits accessory uses.
15. As per the recent Housekeeping Zoning By-law Amendment (By-law Z789-2024)
approved by Council on September 5, 2024, Section 4.59 of the Zoning By-law
outlines the regulations pertaining to ARUs as follows:
a) An additional residential unit, either within the primary dwelling or in a detached
accessory building, shall be connected to approved private and\or municipal water and sewer services where such services are available, to the satisfaction
of the Municipality and Southwestern Public Health;
Comment: To be addressed at the Building Permit Application stage, should
Council approve this Zoning By-law Amendment.
b) A maximum of one (1) additional residential unit shall be permitted on a lot where partial or private water and sewer services are available;
Comment: The applicant is only proposing one (1) ARU, as the subject
property is on private water and sewer services.
c) A maximum of two (2) additional residential unit shall be permitted on a lot
where full municipal water and sewer services are available;
Comment: Not applicable, as full water and sewer services are not available.
d) A maximum of one (1) additional residential unit shall be permitted in a detached accessory building and all zoning regulations for an accessory building shall be complied with;
Comment: The applicant is proposing only one (1) ARU in an accessory
building on the subject property.
e) The maximum gross floor area, per additional residential unit, shall not exceed
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
5
40% of the gross floor area of the primary dwelling unit, except that an additional residential unit may occupy the whole of a basement of a primary dwelling;
Comment: The proposed ARU is 74% (139.4 m2 or 1,500.5 ft2 in size) of the
primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or
809.4 ft2) is required, thus exceeding the maximum requirement. The intent of
this regulation is to ensure an ARU remains smaller and subordinate to the
primary dwelling in order to maintain its accessory nature. It is our opinion that
the proposed size of the ARU is appropriate and meets the general intent and
purpose of the Zoning By-law, as the ARU will still be smaller and subordinate
to the primary dwelling. In other words, the ARU remains accessory to the
primary dwelling unit, as it will not dominate the existing primary dwelling unit
on the subject property.
f) An additional residential unit shall be located within 40 metres of the primary
dwelling unit;
Comment: The proposed ARU is located 61.1 metres from the primary dwelling
unit, thus exceeding the maximum requirement of 40.0 metres. The intent of
this regulation is to ensure the proposed ARU is located within close proximity
of the existing buildings/structures on the subject property. It is our opinion that
the proposed location is appropriate and meets the general intent of the Zoning
By-law, as the proposed ARU will be located outside of the cultivated
agricultural lands. The 21.1 metre exceedance will allow the proposed ARU to
make use of an existing area where a previous barn was located and protects
the existing agricultural lands, as directed by Provincial policy and the Official
Plan.
g) An additional residential unit shall not be permitted within a farm building, such
as barns, greenhouses, stables and driving sheds, or a building used for an on-farm diversified use;
Comment: Not applicable, as the proposed ARU will not be located in a farm
building.
h) A minimum of one (1) parking space shall be provided per additional residential
unit, and all zoning regulations for parking shall be complied with; and
Comment: The applicant is providing a minimum of one (1) parking space for
the proposed ARU.
i) The additional residential unit shall meet all the requirements of the Ontario Building Code and Ontario Fire Code and requires an approved Building Permit
to establish the additional residential unit.
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
6
Comment: To be addressed at the Building Permit Application stage, should
Council approve this Zoning By-law Amendment.
Based on the analysis provided above, it is our opinion that the proposed Zoning By-law
Amendment Application meets the general intent and purpose of the Bayham Zoning By-
law.
Conclusion and Recommendations
16. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Agricultural (A1)’ Zone
to a ‘Site-Specific Agricultural (A1-50)’ Zone to permit the development of a
detached accessory building for an ARU, seeking relief from the following
provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is
74% (139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2
or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or 809.4 ft2) is required; and,
• Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft) from
the primary dwelling unit, whereas 40.0 metres (131.2 ft) is required.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
450 Sunset Dr #228, St Thomas, ON | (519) 633-0114 | elginfarmers@gmail.com
December 10, 2024
Mayor Ed Ketchabaw and Members of Council
P.O. Box 160
56169 Heritage Line
Straffordville, ON N0J 1Y0
Dear Mr. Mayor and Members of Council:
APPLICATION: ZBA-28/24
LOCATION: 54437 VIENNA LINE
On behalf of the Elgin Federation of Agriculture (EFA), a key subsidiary of the Ontario
Federation of Agriculture (OFA), we proudly represent the $609 million contribution of
the agricultural economy in Elgin County. We are committed to driving the sustainability
and growth of the agri-food sector and rural communities, confidently supporting the
success of farm businesses within Elgin County.
We support Additional Residential Units (ARUs), allowing farm families to add units for
family or farm workers. Prime agricultural areas in Bayham must ensure that ARUs in
regulations are applied consistently across the region. EFA believes clarity must be
given to specifics size, scale, and location to avoid impacts on farm diversification and
minimum distance setback regulations. EFA would like to thank you for allowing us to
comment on the proposed zoning amendments.
Acording to section O. Reg. 299/19 The ARU guidelines that are used in this application
are designed for urban areas and rural ARU’s are excempt from these amendments.
This application is in A1 zoned farmland so these amendments do not apply.
450 Sunset Dr #228, St Thomas, ON | (519) 633-0114 | elginfarmers@gmail.com
Bayham Bylaw Z456-2003 4.59, Section e) states that if the connection to the municipal
water or sanitary sewage system is not available; the secondary dwelling unit must be
connected to an approved private on-site water and/or sewage system, ensuring
adequate capacity for the additional dwelling. It is unclear in this application if this has
been asesed and approved. This is necessary to ensure the health of the hydrologic
cycle.
Furthermore, Bayham Bylaw 456-2003 Section f) indicates that the gross floor area of
the second dwelling unit shall not exceed 40% of the combined total gross floor area of
both the primary and secondary dwelling units; the application is above this.
EFA appreciates the opportunity to provide feedback and agricultural perspectives on
ZBA-28/24. We recognize that ARUs are part of the Provinces' strategy to address the
housing crisis. The Elgin Federation of Agriculture looks forward to continuing our
collaboration with Council to safeguard Elgin's farmlands and provide our community
access to a sustainable future.
Sincerely,
Greg Fentie
President
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z796-2025
ABELL
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend
Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule ‘A’
Map No. 13 by changing the zoning symbol on the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-50)’ Zone, which lands are outlined in heavy solid lines and marked “A1-50” on Schedule ‘A’ Map No. 13 to this By-law, which schedule is attached to and forms part of this
By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.50.1 Defined Area
A1-50 as shown on Schedule ‘A’ Map No. 13 to this By-law.
5.12.50.2 Regulations for Additional Residential Units
Notwithstanding the provisions of Sections 4.59.e) and f) of this By-law, the following shall apply:
a) Maximum Gross Floor Area:
b) Maximum Distance from
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
74% (139.4 m2) of the primary dwelling unit (188.0 m2) shall be permitted.
the Primary Dwelling Unit: 61.1 metres
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: January 16, 2025
REPORT: DS-04/25 FILE NO. C-07 / D13.GLOI
Roll # 3401-000-006-11245 SUBJECT: Rezoning Application ZBA-28/24 Gloin and Grube
Zoning By-law No. Z797-2025
BACKGROUND
Appointed Agent Jesse Froese has submitted a rezoning application on behalf of William Gloin
and Lila Grube to rezone a property known municipally as 56704 Eden Line. The lands are
currently designated as ‘Hamlet’ in Schedule ‘A1’: Land Use in the Municipality of Bayham
Official Plan. The lands are currently zoned ‘Hamlet Residential (HR)’ in Schedule ‘D’ – Eden in
Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Hamlet
Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit the
development of an accessory detached garage on the subject property for the storage of a
mobile home trailer and personal belongings, which requires relief from the following provisions:
Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft.), whereas 4.5 metres
(14.8 ft.) is required; and,
Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2), whereas 75.0 m2
(807.3 ft2) is required.
The effect of this By-law is to permit a new accessory building (detached garage) that exceeds
the Maximum Height and Maximum Floor Area requirements for the storage of a mobile home
trailer and personal belongings.
A public meeting was held December 19, 2024 with one attendee being the Appointed Agent
and no public comments. No agency comments were received.
DISCUSSION
The purpose and intent of the Zoning By-law amendment was circulated by Notice of Public
Meeting on November 29, 2024. The planner’s memorandum, dated January 7, 2025, provides
the analysis of the application with comments pertaining to the Bayham Official Plan and Zoning
By-law.
Staff Report DS-04/25 Gloin 2
Staff and planner concur the proposed Zoning By-law amendment application conforms to the
Bayham Official Plan and meets the general intent and purpose of the Zoning Bylaw and
present the draft zoning by-law for Council’s consideration.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Rezoning Application ZBA-29/24 Gloin
2. Arcadis Memorandum dated January 7, 2025
3. Draft Zoning By-law No. Z797-2025
RECOMMENDATION
THAT Report DS-04/25 regarding the Gloin and Grube rezoning application be received for
information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held December 19, 2024
associated with this application, there were no public written submissions and one oral
presentation by the appointed agent regarding this matter and that all considerations were
taken into account in Council’s decision passing this resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by William Gloin and Lila Grube identified as 56704 Eden
Line from Hamlet Residential (HR) Zone to a Site-specific Hamlet Residential (HR-18) Zone
to permit the construction of an accessory detached garage on the subject property for the
storage of a recreational vehicle (mobile home) and personal belongings requiring relief
from:
Section 9.5.1 to permit a Maximum Accessory Building Height of 5.3 metres (17.4
ft.), whereas 4.5 metres (14.8 ft.) is required; and,
Section 9.7 to permit a Maximum Floor Area for an Accessory Building of 93.0 m2
(1,001.0 ft2), whereas 75.0 m2 (807.3 ft2) is required.
AND THAT Zoning By-law No. Z797-2025 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date January 7th, 2025
From Christian Tsimenidis, BES Project No 3404 - 971
cc
Subject William Gloin and Lila Grube - Application for Zoning By-law
Amendment ZBA-29-24, 56704 Eden Line, Eden
Background
1. We have completed a review of the application for a Zoning By-law Amendment
submitted by Jesse Froese on behalf of William Gloin and Lila Grube, owners of
the subject property identified as 56704 Eden Line, north side, and west of Plank
Road in the Hamlet of Eden. The applicant is requesting a Zoning By-law
Amendment to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to
a ‘Site-Specific Hamlet Residential (HR-18)’ Zone to permit the development of an
accessory detached garage on the subject property for the storage of a mobile
home trailer and personal belongings, which requires relief from the following
provisions:
• Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft), whereas
4.5 metres (14.8 ft) is required; and,
• Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2),
whereas 75.0 m2 (807.3 ft2) is required.
2. The lands are currently designated as ‘Hamlet’ in Schedule ‘A1’: Land Use in the
Municipality of Bayham Official Plan. The lands are currently zoned ‘Hamlet
Residential (HR)’ in Schedule ‘D’ – Eden in Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
3. The subject property has a lot area of approximately 2,665.8 m2 (0.26 ha.),
estimated lot frontage of 35.3 m (115.8 ft), and a lot depth of 76.0 m (249.3 ft). The
subject property consists of an existing one-storey single-detached dwelling with
an attached two-door garage. The existing single-detached dwelling and attached
garage will remain unaltered as it exists today.
4. An existing access from Eden Line is currently used to access the subject property
and will continue to be utilized for the proposed detached garage. The owner
intends to alter the existing driveway and extend it along the eastern side of the
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
2
subject property to access the proposed detached garage. The subject property is
currently serviced by a private well and septic sanitary system, which will remain
unaltered and unimpacted as a result of the proposed accessory detached garage.
5. The subject property is immediately adjacent to existing low-rise residential
dwellings to the east and west along Eden Line. Across the street to the south is a
small-scale manufacturing business on an agricultural lot, being located outside of
the Hamlet boundary. To the immediate north is agricultural land, however, this
land is designated and zoned for residential development within the Hamlet
boundary that may be developed in the future. The subject property is within close
proximity to a range of uses along Eden Line and Plank Road, being located in the
Tier II Settlement Area of Eden.
Public Comments
6. A statutory Public Meeting was held on December 19, 2024, and no written or
verbal feedback from the public was received.
Municipality of Bayham Official Plan
7. The Bayham Official Plan designates the subject property as ‘Hamlets’ in Schedule
‘A1’: Land Use. As per Section 4.4.1.2 of the Official Plan, the ‘Hamlets’ land use
designation is intended to primarily encourage and support the development of
single-detached dwellings supported by accessory uses in order to maintain a low-
rise residential built-form.
8. Comment: The proposed accessory detached garage will support the existing
single-detached dwelling to remain on the subject property, which is a permitted
use. It is our opinion that the proposed Maximum Height of 5.3 metres and
Maximum Floor Area of 93.0 m2 will still maintain the general intent and purpose of
the Official Plan, being that the low-rise nature and built-from (1-2 storeys) of the
Hamlet of Eden will be maintained.
9. Section 4.2.5 of the Official Plan provides general policy direction with respect to
“Community Design” in order to encourage a high standard of community design
and quality of place for Bayham’s residents. More specifically, this Section
describes promoting improvement of the physical character, appearance and safety
of streetscapes, encouraging tree retention on private lands, and efficient
development of patterns.
10. Comment: It is our opinion that the proposed oversized detached garage will
maintain the intent of Section 4.2.5 of the Official Plan, as the detached garage will
be utilized for the storage of a mobile home trailer and personal belongings, thus
reducing negative visual impacts from outdoor storage from the streetscape. This
will provide additional storage space to ensure the visual impacts of outdoor storage
from the public realm are mitigated.
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
3
Based on the analysis provided above, it is our opinion that the proposed Zoning
By-law Amendment Application conforms to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
11. The subject property is currently zoned ‘Hamlet Residential (HR)’ in Schedule ‘D’ –
Eden in Zoning By-law No. Z456-2003. As per Section 9.5.1 of the Zoning By-law,
the Maximum Height for an accessory building in the HR Zone is 4.5 metres. The
intent of this regulation is to ensure that accessory buildings/structures maintain the
low-rise built form of 1 to 2 storeys in height.
12. Comment: The existing single-detached building and attached garage is 1 storey
in height. It is our opinion that the proposed height of 5.3 metres for the detached
garage maintains the intended low-rise built form of the existing zone and
surrounding area. The proposed height of 5.3 metres would be lower than the
permitted 10.5 metres for primary uses/buildings on the subject property, thus
maintaining a height that is in keeping with the accessory nature of the proposed
structure. Further, the proposed location of the accessory garage closer to the rear
portion of the subject property would also minimize concerns of an imposing
structure over adjacent properties, given there is no development to the north.
Therefore, it is our opinion that the proposed height of 5.3 metres meets the general
intent and purpose of the Zoning By-law, as it maintains compatibility with the
intended low-rise built form and will not have significant impacts to the neighbouring
properties.
13. As per Section 9.7 of the Zoning By-law, the Maximum Floor Area for an accessory
building in the HR Zone is 75 m2 or 8% lot coverage, whichever is less. In this case,
given that 8% of the subject property is 213.3 m2 (2,295.9 ft2), the Maximum Floor
Area of 75 m2 would apply. The intent of this regulation is to avoid large scale
accessory buildings which may have an impact to the surrounding area and
neighbours.
14. Comment: It is our opinion that the proposed Maximum Floor Area of 93.0 m2
(1,001.0 ft2) for the proposed garage meets the general intent and purpose of the
Zoning By-law, as the size of the subject property and proposed location of the
detached garage mitigates adverse impacts to the adjacent lots and public realm
for the following reasons. The proposed Maximum Floor Area of 93.0 m2 represents
an equivalent lot coverage of 3.5%, and if combined with the existing single-
detached dwelling and attached garage, this would equate to a total lot coverage
of approximately 17.4% for all buildings/structures on the site. This provides
sufficient balance between the landscaped and developed space on the subject
property.
ARCADIS MEMORANDUM
Municipality of Bayham – January 7th, 2025
4
Therefore, it is our opinion that the proposed Maximum Floor Area for the proposed
accessory building on the subject property meets the general intent and purpose of
the Zoning By-law and will not have adverse impacts to adjacent properties.
Conclusion and Recommendations
15. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Hamlet Residential
(HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-18)’ Zone to permit the
development of an accessory detached garage on the subject property for the
storage of a mobile home trailer and personal belongings, which requires relief from
the following provisions:
• Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft), whereas
4.5 metres (14.8 ft) is required; and,
• Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2),
whereas 75.0 m2 (807.3 ft2) is required.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z797-2025
GLOIN / GRUBE
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “D” (Eden) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-18)’ Zone, which lands are outlined in heavy solid lines and marked “HR-18” on Schedule “D” (Eden) to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.18.1 Defined Area
HR-18 as shown on Schedule “D” (Eden) to this By-law.
9.12.18.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Sections 9.5.1 and 9.7, of this By-law, the following shall apply:
a) Maximum Height: 5.3 metres
b) Maximum Floor Area: 93.0 m2
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
City of Stratford, Corporate Services Department
Clerk’s Office
City Hall, P. O. Box 818, Stratford, Ontario N5A 6W1
Tel: 519-271-0250, extension 5237
Email: clerks@stratford.ca
Website: www.stratford.ca
December 18, 2024
Sent via email: Sylwia.Przezdziecki@toronto.ca
Sylwia Przezdziecki
Council Secretariat Support
City of Toronto
Re: Resolution Regarding Respecting Local Democracy and Cities (Ward All)
We acknowledge receipt of your correspondence dated November 18, 2024, regarding the
above-mentioned matter.
The said correspondence was provided to Stratford City Council for their consideration as
part of the December 16, 2024, Council meeting Consent Agenda (CA-2024-195). At the
meeting, Council adopted the following resolution:
THAT CA-2024-195, being a resolution from the City of Toronto regarding
Respecting Local Democracy and Cities, be endorsed.
Sincerely,
T. Dafoe
Tatiana Dafoe, Clerk
/mf
cc: Hon. Prabameet Sarkaria, Ontario Minister of Transportation
Matthew Rae, Member of Provincial Parliament Perth - Wellington
Association of Municipalities of Ontario
All Ontario municipalities
City Clerk's Office
Secretariat Sylwia Przezdziecki Council Secretariat Support City Hall, 12th Floor, West 100 Queen Street West
Toronto, Ontario M5H 2N2
John D. Elvidge
City Clerk
Tel: 416-392-7032
Fax: 416-392-2980
e-mail:
Sylwia.Przezdziecki@toronto.ca
web: www.toronto.ca In reply please quote: Ref.: 24-CC23.1 (Sent by Email)
November 18, 2024 ALL ONTARIO MUNICIPALITIES: Subject: New Business Item 23.1 Respecting Local Democracy and Cities (Ward All) City Council on November 13 and 14, 2024, considered Item CC23.1 and a copy is attached for your information or appropriate action.
for City Clerk S. Przezdziecki/wg
Attachment c. City Manager
Decisions
City Council
New Business - Meeting 23
CC23.1 ACTION Amended Ward: All
Respecting Local Democracy and Cities
City Council Decision
City Council on November 13 and 14, 2024, adopted the following:
1. City Council express its opposition to the proposed amendments to Part XII of the Highway
Traffic Act contained in Bill 212, and any related proposed regulations, both of which
contradict the stated purpose of the City of Toronto Act, 2006, to allow the City to determine
what is in the public interest of the city.
2. City Council request the Province to work collaboratively with cities to address congestion
and road safety, and accordingly withdraw the proposed amendments to Part XII of the
Highway Traffic Act contained in Bill 212.
3. City Council direct the City Solicitor to review Bill 212 and any accompanying regulations,
once in force, and to report to City Council with a summary of the legislation and regulations
and the potential for commencing litigation to challenge Bill 212 or the regulations.
4. City Council request the General Manager, Transportation Services, or designates, to appear
before the Ontario Legislature’s Standing Committee on Heritage, Infrastructure, and Cultural
Policy as part of public hearings regarding Bill 212 to give testimony in accordance with the
position outlined in this item.
5. City Council request the City Manager to submit written comments to Ontario’s Regulatory
Registry and Environment Registry of Ontario that reflect the City’s positions outlined in this
item, including the City's opposition to any requirement of the City to provide support in the
removal of City Infrastructure approved by its democratically elected City Council.
6. City Council adopt the position that no costs associated with the amendments to Part XII of
the Highway Traffic Act should be incurred or paid by the City of Toronto, including staff time,
planning, design, construction, and traffic management as a result of the congestion created by
the removal.
7. City Council forward this item to the Premier of Ontario, the Minister of Transportation, the
Minister of Municipal Affairs and Housing, the Leader of the Official Opposition, all Ontario
Members of Provincial Parliament, the Association of Municipalities of Ontario, the Ontario
Big City Mayors, and all Ontario municipalities and include City Council's commitment to the
right of municipalities to govern their own affairs and represent the interests of their residents
and electors.
8. City Council request the Ministry of Transportation to permit the publication of the results of
the Transportation Tomorrow Survey 2022 as soon as possible to facilitate the use of the study
in informing collaborative consultations with cities regarding options for addressing congestion
and road safety.
9. City Council direct the City Manager to report back on the feasibility of placing signs on
City roads where there are traffic delays resulting from the Provincial mandate to remove bike
lanes from Toronto roads and that these signs would read "This road congestion and traffic
delay is the result of Premier Ford's Bill 212".
10. City Council direct that Confidential Attachment 1 to the supplementary report (November
13, 2024) from the City Manager remain confidential in its entirety, as it contains information
explicitly supplied in confidence to the City of Toronto as a partner municipality in the
Transportation Tomorrow Survey 2022, conducted by a consultant retained by the Ministry of
Transportation of Ontario as part of a cooperative effort by local and provincial government
agencies to collect information about urban travel in southern Ontario, until such time as the
Transportation Tomorrow Survey 2022 is authorized to be published by the Ministry of
Transportation of Ontario.
Confidential Attachment 1 to the supplementary report (November 13, 2024) from the City
Manager remains confidential in its entirety in accordance with the provisions of the City of
Toronto Act, 2006, as it contains information explicitly supplied in confidence to the City of
Toronto as a partner municipality in the Transportation Tomorrow Survey 2022, conducted by a
consultant retained by the Ministry of Transportation of Ontario as part of a cooperative effort
by local and provincial government agencies to collect information about urban travel in
southern Ontario, until such time as the Transportation Tomorrow Survey 2022 is authorized to
be published by the Ministry of Transportation of Ontario.
Summary
The recent provincial Bill 212 seeks to overturn the decisions and work of our locally elected
Toronto City Council. If passed, the Bill means one government would, at tremendous cost to
the taxpayer and without collaboration, undo another government's work.
As Mayor, it is my responsibility to stand up for the decision-making authority of City Council
and the expertise of our professional public service which supports that decision-making. As
such, I am working with City Staff to review the City's options and will provide
recommendations on this item prior to the City Council meeting on November 13, 2024.
Background Information (City Council)
(November 5, 2024) Report from the Mayor on Respecting Local Democracy and Cities
(CC23.1)
(https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-250054.pdf)
(November 13, 2024) Supplementary report and Attachments 2 to 5 from the City Manager on
Respecting Local Democracy and Cities - Supplemental Report: Impact of Bill 212 Bike Lanes
Framework (CC23.1a)
(https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-250545.pdf)
Confidential Attachment 1
Communications (City Council)
(November 7, 2024) E-mail from Matthew Freedlander (CC.Supp)
(November 8, 2024) E-mail from Adam Rodgers (CC.Supp)
(November 7, 2024) E-mail from Derek van Vliet (CC.Supp)
(November 7, 2024) E-mail from Beverley Yu (CC.Supp)
(November 7, 2024) E-mail from Santiago Pacheco Perez (CC.Supp)
(November 7, 2024) E-mail from Genessa Radke (CC.Supp)
(November 7, 2024) E-mail from Jesse Knapp (CC.Supp)
(November 7, 2024) E-mail from Ernest Tam (CC.Supp)
(November 8, 2024) E-mail from Keyondre Young (CC.Supp)
(November 8, 2024) E-mail from Adam Rodgers (CC.Supp)
(November 7, 2024) E-mail from Bryn Kennedy (CC.Supp)
(November 8, 2024) E-mail from Lilia Kazberuk (CC.Supp)
(November 8, 2024) E-mail from Aaron MacLean (CC.Supp)
(November 9, 2024) E-mail from Conrad Heidenreich (CC.Supp)
(November 9, 2024) E-mail from Jack Wynne (CC.Supp)
(November 9, 2024) E-mail from Omar Khan (CC.Supp)
(November 9, 2024) E-mail from Arkady Arkhangorodsky (CC.Supp)
(November 9, 2024) E-mail from Debbie Green (CC.Supp)
(November 10, 2024) E-mail from Mike D’Agostino (CC.Supp)
(November 10, 2024) E-mail from Darren Donahue (CC.Supp)
(November 10, 2024) E-mail from Stacy Kennedy (CC.Supp)
(November 8, 2024) E-mail from Isabel Reid (CC.Supp)
(November 8, 2024) E-mail from David Eddison (CC.Supp)
(November 10, 2024) E-mail from Zachary Davis (CC.Supp)
(November 9, 2024) E-mail from Susan Ye (CC.Supp)
(November 10, 2024) E-mail from Robert J A Zaichkowski (CC.Supp)
(November 10, 2024) E-mail from Michael Ross (CC.Supp)
(November 9, 2024) Letter from Cathie Macdonald, President and Richard Steele, Board
member, Deer Park Residents Group (CC.Supp)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184523.pdf)
(November 10, 2024) E-mail from Loudon Young (CC.Supp)
(November 10, 2024) E-mail from Justin EJ Sharp (CC.Supp)
(November 10, 2024) Letter from Alison Stewart, Bicycle Mayor of Toronto (CC.Supp)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184527.pdf)
(November 11, 2024) E-mail from David Safran (CC.Supp)
(November 11, 2024) E-mail from Caitlin Walsh (CC.Supp)
(November 12, 2024) E-mail from Catherine Clark (CC.Supp)
(November 9, 2024) E-mail from Alex Bonenfant (CC.Supp)
(November 10, 2024) E-mail from Cameron MacDonald (CC.Supp)
(November 10, 2024) E-mail from Holly Reid (CC.Supp)
(November 10, 2024) E-mail from M. Kalocilja (CC.Supp)
(November 10, 2024) E-mail from Leona Laird (CC.Supp)
(November 10, 2024) E-mail from Kenneth Brown (CC.Supp)
(November 10, 2024) E-mail from Jenny Sin (CC.Supp)
(November 10, 2024) E-mail from Jane Auster (CC.Supp)
(November 10, 2024) E-mail from Elizabeth Osborne (CC.Supp)
(November 10, 2024) E-mail from Geoff Hodgson (CC.Supp)
(November 10, 2024) E-mail from Brian Dunfield (CC.Supp)
(November 10, 2024) E-mail from John Oyston (CC.Supp)
(November 10, 2024) E-mail from Sean Cooper (CC.Supp)
(November 10, 2024) E-mail from Fernando Gonçalves (CC.Supp)
(November 10, 2024) E-mail from Gillian Bogden (CC.Supp)
(November 10, 2024) E-mail from Siobhan Fitzmaurice (CC.Supp)
(November 12, 2024) E-mail from Steve Cooke (CC.Supp)
(November 12, 2024) E-mail from Susan Raphael (CC.Supp)
(November 12, 2024) E-mail from Lee Giles (CC.Supp)
(November 12, 2024) E-mail from Melinda Rawn (CC.Supp)
(November 12, 2024) E-mail from Hamish Wilson (CC.Supp)
(November 12, 2024) E-mail from Shelly Nixon (CC.Supp)
(November 12, 2024) E-mail from Kerry Scott (CC.Supp)
(November 12, 2024) E-mail from Amanda Parcher (CC.Supp)
(November 12, 2024) E-mail from Elizabeth Hallerman (CC.Supp)
(November 12, 2024) E-mail from Ralph Callebert (CC.Supp)
(November 10, 2024) E-mail from Ryan Mumby (CC.Supp)
(November 10, 2024) E-mail from Gray E Taylor (CC.Supp)
(November 10, 2024) E-mail from Alexander Saxton (CC.Supp)
(November 10, 2024) E-mail from Lisa Bonney (CC.Supp)
(November 10, 2024) E-mail from David Nash (CC.Supp)
(November 10, 2024) E-mail from Tim Morawetz (CC.Supp)
(November 10, 2024) E-mail from James Deutsch (CC.Supp)
(November 10, 2024) E-mail from Linda Rowe (CC.Supp)
(November 10, 2024) E-mail from Michael Chung (CC.Supp)
(November 10, 2024) E-mail from Kathy Chung (CC.Supp)
(November 10, 2024) E-mail from Harold Smith (CC.Supp)
(November 10, 2024) E-mail from Dawn Scarrow (CC.Supp)
(November 10, 2024) E-mail from Steve Clayman (CC.Supp)
(November 10, 2024) E-mail from David Johnson (CC.Supp)
(November 11, 2024) E-mail from Jan Gould (CC.Supp)
(November 11, 2024) E-mail from Emily Tate (CC.Supp)
(November 11, 2024) E-mail from Rebecca Southgate (CC.Supp)
(November 12, 2024) E-mail from Hamish Wilson 2 (CC.Supp)
(November 12, 2024) E-mail from Charlotte Graham (CC.Supp)
(November 12, 2024) E-mail from Elizabeth Hallerman, BeRationalTO (CC.Supp)
(November 12, 2024) E-mail from JJ. Fueser (CC.Supp)
(November 12, 2024) E-mail from Linda Brett, President, Bloor Street East Neighbourhood
Association (CC.Supp)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184636.pdf)
(November 12, 2024) E-mail from Cait and Ty (CC.Supp)
(November 10, 2024) E-mail from Yuen Chua (CC.Supp)
(November 10, 2024) E-mail from Karen Wyler (CC.Supp)
(November 10, 2024) E-mail from Noreen Jamal (CC.Supp)
(November 10, 2024) E-mail from Piotr Sepski (CC.Supp)
(November 10, 2024) E-mail from Lauren McVittie (CC.Supp)
(November 10, 2024) E-mail from Alice Baujet (CC.Supp)
(November 10, 2024) E-mail from Linh Tran (CC.Supp)
(November 10, 2024) E-mail from Theresa Campbell (CC.Supp)
(November 10, 2024) E-mail from Filip Matovina (CC.Supp)
(November 10, 2024) E-mail from Greg Kozma (CC.Supp)
(November 10, 2024) E-mail from Steven Fistell (CC.Supp)
(November 10, 2024) E-mail from Jenna Blumenthal (CC.Supp)
(November 11, 2024) E-mail from Barbara Captijn (CC.Supp)
(November 11, 2024) E-mail from Hamish Wilson (CC.Supp)
(November 11, 2024) E-mail from Kevin Harris (CC.Supp)
(November 11, 2024) Letter from Mary Helen Spence and Arlene Dejardins, The Avenue Road
Safety Coalition (CC.Supp)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184646.pdf)
(November 11, 2024) E-mail from Sharon Pel (CC.Supp)
(November 11, 2024) E-mail from Arushi Nath (CC.Supp)
(November 11, 2024) E-mail from Joe Power (CC.Supp)
(November 11, 2024) E-mail from Edward Knapp (CC.Supp)
(November 11, 2024) E-mail from Janet Lin (CC.Supp)
(November 12, 2024) E-mail from John Shea (CC.Supp)
(November 10, 2024) E-mail from Alexis Venerus (CC.Supp)
(November 10, 2024) E-mail from Lois Pike (CC.Supp)
(November 10, 2024) E-mail from Christine Bear (CC.Supp)
(November 10, 2024) E-mail from Vanessa Brown (CC.Supp)
(November 10, 2024) E-mail from Bruce Novakowski (CC.Supp)
(November 10, 2024) E-mail from Daphne Jackson (CC.Supp)
(November 10, 2024) E-mail from Patrick DeRochie (CC.Supp)
(November 10, 2024) E-mail from Rachael Vuong (CC.Supp)
(November 10, 2024) E-mail from Mike Kurz (CC.Supp)
(November 10, 2024) E-mail from Alex Pletsch (CC.Supp)
(November 10, 2024) E-mail from David Simmons (CC.Supp)
(November 10, 2024) E-mail from Dana Snell (CC.Supp)
(November 11, 2024) E-mail from Betty De Groot (CC.Supp)
(November 11, 2024) E-mail from Kevin Mcintosh (CC.Supp)
(November 11, 2024) E-mail from Frank Siciliano (CC.Supp)
(November 11, 2024) E-mail from Parker Bloom (CC.Supp)
(November 11, 2024) E-mail from John Lloyd (CC.Supp)
(November 11, 2024) E-mail from Peter Osborne (CC.Supp)
(November 11, 2024) E-mail from Alina Iordache (CC.Supp)
(November 11, 2024) E-mail from Robert Fuller (CC.Supp)
(November 11, 2024) E-mail from Charles Kime (CC.Supp)
(November 11, 2024) E-mail from Barbara Captijn (CC.Supp)
(November 11, 2024) E-mail from Susan Stock (CC.Supp)
(November 11, 2024) E-mail from Chad Mohr (CC.Supp)
(November 11, 2024) E-mail from Ive Viksne (CC.Supp)
(November 11, 2024) E-mail from Nelson Torres De Miranda (CC.Supp)
(November 11, 2024) E-mail from Michael Dawn (CC.Supp)
(November 11, 2024) E-mail from Ilana Newman Hernandez (CC.Supp)
(November 11, 2024) E-mail from Erin Marchak (CC.Supp)
(November 11, 2024) E-mail from Lauri Lintott (CC.Supp)
(November 11, 2024) E-mail from Joseph Pauker (CC.Supp)
(November 11, 2024) E-mail from Lisa Kristensen (CC.Supp)
(November 11, 2024) E-mail from Kevin Carmona-Murphy (CC.Supp)
(November 11, 2024) E-mail from Tim Lynch (CC.Supp)
(November 11, 2024) E-mail from Felix Whitton (CC.Supp)
(November 11, 2024) E-mail from Julia M Swiggum (CC.Supp)
(November 11, 2024) E-mail from Elizabeth Chrumka (CC.Supp)
(November 11, 2024) E-mail from Lola Landekic (CC.Supp)
(November 11, 2024) E-mail from John Hallerman (CC.Supp)
(November 11, 2024) E-mail from Prasann Patel (CC.Supp)
(November 11, 2024) E-mail from Dan Reisler (CC.Supp)
(November 11, 2024) E-mail from David Townley (CC.Supp)
(November 11, 2024) E-mail from Virginia Trieloff (CC.Supp)
(November 12, 2024) E-mail from Caitlin Walsh (CC.Supp)
(November 11, 2024) E-mail from Caitlin Walsh (CC.Supp)
(November 12, 2024) E-mail from Angela Zehr (CC.Supp)
(November 11, 2024) E-mail from Jay D Gould (CC.Supp)
(November 11, 2024) E-mail from Jan Gould (CC.Supp)
(November 11, 2024) E-mail from Grant Oyston (CC.Supp)
(November 11, 2024) E-mail from Carol Gray (CC.Supp)
(November 12, 2024) Letter from Isaac Berman, Co-Chair, Palmerston Residents’
Association (CC.Supp)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184683.pdf)
(November 11, 2024) E-mail from Frances Gallop (CC.Supp)
(November 11, 2024) E-mail from Cameron Tedford (CC.Supp)
(November 12, 2024) E-mail from Candace Hart (CC.New)
(November 12, 2024) E-mail from Patrick Dias (CC.Supp)
(November 12, 2024) E-mail from Emelia Zamidar (CC.New)
(November 12, 2024) E-mail from Tyler Mcgraw (CC.New)
(November 12, 2024) Letter from Michael Longfield, Executive Director, Cycle
Toronto (CC.New)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184728.pdf)
(November 12, 2024) E-mail from Barry Pickford (CC.New)
(November 12, 2024) E-mail from L. Spring (CC.New)
(November 12, 2024) E-mail from Sandra Dosen (CC.New)
(November 12, 2024) E-mail from Luis Ledesma (CC.New)
(November 12, 2024) E-mail from John Leeson (CC.New)
(November 12, 2024) E-mail from Kimberly Hinton (CC.New)
(November 12, 2024) E-mail from Linda Nicolson (CC.New)
(November 12, 2024) E-mail from Donna Patterson (CC.New)
(November 12, 2024) E-mail from Michael Szego (CC.New)
(November 12, 2024) Letter from Marjorie Nichol, On behalf of Yonge4All (CC.New)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184725.pdf)
(November 12, 2024) Letter from Lee Scott, on behalf of the Steering Committee, Walk
Toronto (CC.New)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184753.pdf)
(November 12, 2024) E-mail from Ingrid Doucet (CC.New)
(November 11, 2024) E-mail from Arushi Nath (CC.Supp)
(November 12, 2024) E-mail from Pamela Hardie (CC.New)
(November 12, 2024) E-mail from Pamela Hardie 2 (CC.New)
(November 13, 2024) Multiple Communications from 2,139 Individuals (CC.New)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184764.pdf)
(November 12, 2024) E-mail from Peter Lindley (CC.New)
(November 12, 2024) E-mail from Norman Di Pasquale (CC.New)
(November 12, 2024) E-mail from Hilary Stone (CC.New)
(November 12, 2024) E-mail from Angela Dale (CC.New)
(November 12, 2024) E-mail from John Shea (CC.New)
(November 12, 2024) E-mail from Aaron Matthews (CC.New)
(November 13, 2024) E-mail from Aleksuei Riabtsev (CC.New)
(November 13, 2024) E-mail from Diana Arteaga (CC.New)
(November 13, 2024) E-mail from Maria Boyad (CC.New)
(November 12, 2024) E-mail from Jay Scott (CC.New)
(November 12, 2024) E-mail from Laura Lindberg (CC.New)
(November 12, 2024) E-mail from Heather Hatch (CC.New)
(November 12, 2024) E-mail from Peter Low (CC.New)
(November 13, 2024) E-mail from Rosalie Lam (CC.New)
(November 13, 2024) E-mail from Edik Zwarenstein (CC.New)
(November 13, 2024) E-mail from Darren Donahue (CC.New)
(November 13, 2024) E-mail from Tom Henheffer (CC.New)
(November 13, 2024) E-mail from Jeff Wintersinger (CC.New)
(November 13, 2024) E-mail from Katherine Sawicka (CC.New)
(November 13, 2024) E-mail from Billy Leung (CC.New)
(November 13, 2024) E-mail from Stewart Ellis (CC.New)
(November 13, 2024) E-mail from Andrew Hurlbut (CC.New)
(November 13, 2024) E-mail from Paromita Nakshi (CC.New)
(November 13, 2024) E-mail from Jennifer Dickie (CC.New)
(November 14, 2024) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, FoNTRA
(CC.New)
(https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-184819.pdf)
Council Meeting
Motion #12/11/24 - 02
Title:Property Taxation Implications Related to Non-Market Valuation of Electricity
Industry Properties, CAO General-2024-33
Date:Wednesday, December 11, 2024
Moved by:Rory Cavanagh
Seconded by:Beth Blackwell
Whereas the Municipality of Kincardine is a proud host community of the Bruce Nuclear Generating
Site where Bruce Power generates 30% of Ontario’s electricity needs; and
Whereas two decades ago the Province of Ontario adopted a property tax assessment model that
continues to apply to Ontario’s nuclear generation facilities; and
Whereas the Province assessment model includes non-market property valuation for electricity
generating properties; and
Whereas the Municipality of Kincardine undertook a study in 2024 which has shown that the Provincial
assessment model is compromising fairness and shifting the tax burden away from the electricity
industry properties and onto the broader property tax base within the host community; and
Whereas the study demonstrated that this is primarily attributable to the assessed value of the subject
properties being held almost static over several reassessment cycles, resulting from the Provincially
prescribed rules for electricity generating, transmission and distribution properties; and
Whereas the Provincial model results in a disparity between the continuously updated market values
assigned to the majority of properties and the static, non-market-based formula applied to electricity
industry properties means that the tax burden shifts onto non-industry taxpayers; and
Now Therefore be it Resolved That municipal staff be directed to send communication to the Premier
of Ontario, Minister of Energy and Electrification, the Minister of Finance, and the local MPP, to request
that the Province undertake an immediate review and update the property tax assessment model for
Ontario’s nuclear generation facilities and other properties within the electricity industry, and copy the
Association of Municipalities of Ontario and all Ontario Municipalities.
Carried.
______________________________________
Clerk
Jennifer Lawrie
CORPORATION OF THE MUNICIPALITY OF SOUTH HURON
322 Main Street South P.O. Box 759
Exeter Ontario N0M 1S6
Phone: 519-235-0310 Fax: 519-235-3304
Toll Free: 1-877-204-0747 www.southhuron.ca
October 15, 2024
Via email: doug.fordco@pc.org Premier’s Office Room 281 Legislative Building, Queen’s Park
Toronto, ON M7A 1A1 Dear Honourable Doug Ford Re: Heritage Advisory Committee
Please be advised that South Huron Council passed the following resolution at their October 7, 2024, Regular Council Meeting:
Motion: 355-2024
Moved By: Aaron Neeb
Seconded by: Marissa Vaughan Whereas the South Huron Heritage Advisory Committee has presented a letter to South Huron Council outlining concerns regarding heritage
preservation in South Huron; and
Whereas prior to Royal Assent of the More Homes Built Faster Act, 2022 Subsection 29(1.2) of the Ontario Heritage Act provided Council of a Municipality the opportunity to give a notice of intention to designate a property within 90 days of a prescribed event; and
Whereas the More Homes Built Faster Act, 2022 amended Subsection 29(1.2) of the Ontario Heritage Act to provide that Council may give notice of intention to designate a property only if the property is listed in the register under subsection 27 (3), or a predecessor of that subsection, as of the date of the prescribed event; and
Whereas the Heritage Advisory Committee has noted concerns regarding this amendment limiting the authority of municipal councils to designate properties with the potential to undermine the effectiveness of heritage preservation efforts across the province; and
Whereas the Heritage Advisory Committee has provided correspondence, attached hereto, to South Huron Council in relation to the concerns requesting Council support and to communicate these concerns to the
Province and forward a copy of this motion to the Association of Municipalities of Ontario, Municipal Councils across the province, and Provincial MPP.
Now therefore be it resolved that the Corporation for the Municipality of South Huron request the Province reconsider the amendment to
Subsection 29(1.2) of the Ontario Heritage Act; and that this motion and attached correspondence be forwarded to the Premier of Ontario, Minister of Municipal Affairs and Housing, Minister of Citizenship and Multiculturalism, Association of Municipalities of Ontario, Municipal Councils across the province and MPP Thompson
Result: Carried Please find attached the originating correspondence for your reference.
Respectfully, Kendra Webster, Legislative & Licensing Coordinator Municipality of South Huron kwebster@southhuron.ca
519-235-0310 x. 232 Encl. cc: Minister of Municipal Affairs and Housing, Hon. Paul Calandra, Paul.Calandra@pc.ola.org ; Minister of Citizenship and Multiculturalism, Hon.
Michael Ford, Michael.Ford@pc.ola.org; MPP Huron-Bruce, Hon. Lisa Thompson, Lisa.Thompson@pc.ola.org; AMO, resolutions@amo.on.ca, Township of Ashfield-Colborne-Wawanosh, info@acwtownship.ca, Municpality of Bluewater, info@municipalityofbluewater.ca , Municipality of Central Huron, info@centralhuron.com, Town of Goderich, townhall@goderich.ca, Township of
Howick, clerk@howick.ca, Municipality of Huron East, clerk@huroneast.com, Municipality of Morris-Turnberry, mail@morristurnberry.ca, Township of North Huron, clamb@northhuron.ca, Muncipality of North Perth, info@northperth.ca , Township of Perth South, lscott@perthsouth.ca, Township of Perth East, acarter@pertheast.ca, Municipality of West Perth, clerk@westperth.com, Town
of St. Marys, clerksoffice@town.stmarys.on.ca, City of Stratford, clerks@stratford.ca, Municipality of Brook-Alvinston, jdenkers@brookealvinston.com, Township of Dawn-Euphemia, clerk@dawneuphemia.on.ca, Township of Enniskillen, dmctavish@enniskillen.ca, Municipality of Lambton Shores, clerks@lambtonshores.ca, Village of Oil
Springs, clerk@oilsprings.ca, Town of Petrolia, petrolia@petrolia.ca, Town of
CORPORATION OF THE MUNICIPALITY OF SOUTH HURON
322 Main Street South P.O. Box 759
Exeter Ontario N0M 1S6
Phone: 519-235-0310 Fax: 519-235-3304
Toll Free: 1-877-204-0747 www.southhuron.ca
Plympton-Wyoming, ekwarciak@plympton-wyoming.ca, Village of Point Edward, jburns@villageofpointedward.com, City of Sarnia, clerks@sarnia.ca, Township of St. Clair, webmaster@twp.stclair.on.ca, Township of Warwick, info@warwicktownship.ca, Municipality of Adelaide-Metcalfe,
info@adelaidemetcalfe.on.ca, Municipality of Lucan-Biddulph,
clerk@lucanbiddulph.on.ca, Municipality of Middlesex Centre, hutson@middlesexcentre.ca, Municipality of North Middlesex, ashleyk@northmiddlesex.on.ca, Municipality of Southwest Middlesex, abushell@southwestmiddlesex.ca, Municipality of Strathroy-Caradoc,
bdakin@strathroy-caradoc.ca, Muncipality of Thames Centre,
tmichiels@thamescentre.on.ca, Village of Newbury, case@newbury.ca.
July 31, 2024
The Heritage Advisory Committee for the Municipality of South Huron wishes to thank South
Huron Council for their support of resolution 128-2024 of March 18, responding to the Town of
Coburg’s request of February 28 for support regarding a proposed amendment to subsection
27(16) of the Ontario Heritage Act.
In addition to the concerns South Huron council supported in resolution 128-2024, our committee
would like to add that we have additional concerns about amendments to the Ontario Heritage
Act implemented by Bill 23 that have direct impact on our local community and - more broadly -
the Province of Ontario.
Specifically, subsection 29 (1.2) of the Heritage Act traditionally provided that if a prescribed
event occurs, a notice of intention to designate a property must be given within 90 days of the
prescribed event. These prescribed events include the submission of development applications
under the Planning Act, for example. However, with changes from Bill 23, this subsection is re-
enacted to also provide that the municipality may only give a notice of intention to designate the
property within 90 days if the property was already included in the register under subsection 27
(3) as of the date of the prescribed event.
This raises significant concerns for our committee. Specifically, we are troubled by the proposed
amendments that would limit the authority of municipal councils to designate properties that are
not already listed on a municipal register. In South Huron, like many other municipalities around
Ontario, there are countless significant structures that are not yet listed under subsection 27 (3),
and these changes significantly limit efforts of council to react to proposed demolitions of
significant heritage properties in our municipality after planning applications are made.
We believe that these changes have the potential to undermine the effectiveness of heritage
preservation efforts in our community and across the province. By weakening the protections
afforded to heritage properties and reducing the ability of municipalities to designate and
safeguard significant sites, we risk irreparable loss to our built and cultural heritage.
We urge council to carefully consider the implications of the changes to the Ontario Heritage Act
under Bill 23 and to advocate for amendments that strengthen rather than weaken heritage
preservation efforts. Specifically, we would ask that the province re-establish the 90 day period
that had previously been a part of the Ontario Heritage Act for all properties, not just those
already listed in the register under subsection 27 (3).
We ask that you pass a resolution to add our specific concerns to those you have already
supported, and communicate these to the Province of Ontario. We also ask that you circulate this
letter and seek the support of other municipalities.
Thank you for your attention to this important matter, and we look forward to our continued work
together.
Sincerely,
South Huron Heritage Advisory Committee
Sample Resolution:
Whereas prior to Royal Assent of the More Homes Built Faster Act, 2022 Subsection
29(1.2) of the Ontario Heritage Act provided Council of a Municipality the opportunity
to give a notice of intention to designate a property within 90 days of a prescribed
event; and
Whereas the More Homes Built Faster Act, 2022 amended Subsection 29(1.2) of the
Ontario Heritage Act to provide that Council may give notice of intention to designate
a property only if the property is listed in the register under subsection 27 (3), or a
predecessor of that subsection, as of the date of the prescribed event;
Whereas the Heritage Advisory Committee has noted concerns regarding this
amendment limiting the authority of municipal councils to designate properties with
the potential to undermine the effectiveness of heritage preservation efforts across
the province; and
Whereas the Heritage Advisory Committee has provided correspondence, attached
hereto, to South Huron Council in relation to the concerns requesting Council
support and to communicate these concerns to the Province and forward a copy of
this motion to the Association of Municipalities of Ontario, Municipal Councils across
the province, and Provincial MPP.
Now therefore be it resolved that the Corporation for the Municipality of South Huron
request the Province reconsider the amendment to Subsection 29(1.2) of the Ontario
Heritage Act; and that this motion and attached correspondence be forwarded to the
Premier of Ontario, Minister of Municipal Affairs and Housing, Minister of Citizenship
and Multiculturalism, Association of Municipalities of Ontario, Municipal Councils
across the province and MPP Thompson.
Jerry Acchione
Mayor
City of Woodstock
500 Dundas St.
Woodstock, ON N4S 0A7
519-539-2382 x2100
mayor@cityofwoodstock.ca
The Honorable Doug Ford
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1A1
Via email premier@ontario.ca
The Honorable Michael Parsa
Minister of Children, Community and Social Services
438 University Ave.
Toronto, ON M5G 2K8
Via email MinisterMCCSS@ontario.ca
Dear The Honorable Doug Ford and The Honorable Michael Parsa,
I am writing on behalf of Woodstock City Council to express the urgent and pressing need for adequate and
sustainable funding for the Children’s Aid Society of Oxford County and other child welfare agencies
throughout Ontario. These organizations play a vital role in safeguarding and enhancing the health, well-
being, and safety of our children, youth, and families and deserves appropriate support and attention from
our elected officials.
Our community, like many across the province, relies on the Children’s Aid Society and other child welfare
agencies to not only protect children and youth from abuse or neglect, but provide critical crisis
intervention, early intervention, and preventative services. Their work ensures children receive necessary
care at the most crucial times, close to their own homes, allowing families to remain intact and thrive
together.
The lack of access to healthcare, mental health supports, poverty reduction initiatives and affordable
housing is taking a toll on families and caregivers. These systemic shortfalls propel child welfare agencies
into roles they were never intended to assume, filling gaps in services to ensure the well-being of children,
youth, and families.
Without sufficient financial backing, these agencies are strained to a breaking point. They operate without
the ability to deny families the services they desperately need. They cannot turn clients away, manage
waitlists, or declare services unavailable. Yet, even with remarkable community partnerships, these agencies
lack the means to expedite or ensure access to necessary treatments for those in their care.
The repercussions of this funding deficit extends well beyond individual families, affecting the community at
large. Our local Children’s Aid Society is supporting an ever-increasing number of youth exhibiting complex
behaviors. These challenges translate into higher intervention costs, increases costs for and pressure on
police and emergency service providers.
The lack of access to critical early intervention services is correlating to a distressing rise in youth
homelessness. The financial sustainability and stability of the child welfare sector can no longer be deferred
for debate. It is imperative the funding formula is updated to prioritize trauma-informed, culturally relevant
and proactive care.
On behalf of Woodstock City Council, I urge the province to prioritize and support the financial needs of
these vital agencies. All levels of government must work together to improve upstream intervention and
support to prevent the tragic outcomes we are seeing as a result of inadequate funding.
Thank you for considering this urgent matter that affects our community and its future generations.
Sincerely,
Mayor Jerry Acchione
City of Woodstock
Cc:
The Honourable Ernie Hardeman, Oxford MPP - ernie.hardemanco@pc.ola.org
Safe and Well Oxford - safewelloxford@gmail.com
Children’s Aid Society Oxford County - info@casoxford.on.ca
1
Treasury Board Secretariat
Emergency Management Ontario
25 Morton Shulman Avenue
Toronto ON M3M 0B1
Tel: 416-327-2333
Fax: 416-327-3790
Secrétariat du conseil du trésor
gestion des situations d'urgence
25, avenue Morton Shulman
Toronto ON M3M 0B1
Tél. : 416-327-2333
Téléc. : 416-327-3790
DATE: December 9, 2024
MEMORANDUM TO: Emergency Management Partners
FROM: Bernie Derible
Deputy Minister and Commissioner of Emergency
Management
Emergency Management Ontario
SUBJECT: Proposed Amendments to Modernize the
Emergency Management and Civil Protection Act
I am pleased to share an update on an important milestone in modernizing emergency
management in the province.
On December 9, 2024, the government introduced Bill 238, the Emergency Management
Modernization Act, 2024. This bill proposes amendments to modernize the Emergency
Management and Civil Protection Act (EMCPA).
The EMCPA is Ontario’s legislative framework for emergency management. The EMCPA and
its regulations have not been comprehensively updated in more than 15 years. With an
increasingly complex emergency management landscape, it is more important than ever to
ensure that Ontario is safe, practiced and prepared.
Proposed Amendments to the EMCPA
If passed, the proposed amendments to the EMCPA would strengthen provincial leadership
and co-ordination of emergency management. It would also support enhanced community
capacity in emergency management to ensure Ontario is ready for the challenges of today and
the future.
Proposed amendments to the EMCPA if passed, would:
• Support a unified understanding of emergency management across Ontario.
• Strengthen provincial leadership and co-ordination by facilitating the role of Emergency
Management Ontario as the one window for co-ordinating provincial emergency
management activities.
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• Strengthen planning and co-ordination with emergency management partners, including
by outlining the ability to enter into agreements and liaise with public and private sector
partners, including municipalities, Indigenous communities and other governments.
• Support municipal emergency management by enabling regulations to allow flexibility
for municipal emergency management programs based on needs and capacity, as well
as clarify processes for municipal declarations of emergency and requests for
assistance.
• Enable a future emergency management program and plan requirements to be
established for designated entities that provide or operate critical infrastructure, subject
to further engagement with partners, to support continuity of services and operations.
Partner and Stakeholder Feedback
The proposed amendments to the EMCPA are informed by feedback from partners, best
practices in emergency management and lessons learned from past emergencies. Over the
summer of 2024, Emergency Management Ontario directly engaged over 480 partners and
stakeholders through 45 engagements and received 90 written submissions on the publicly
posted discussion guide. I would like to express my sincere gratitude for the valuable feedback
received.
Emergency Management Ontario is committed to ongoing engagement with our partners and
the people of Ontario to ensure we are effectively supporting our collective vision of a safe,
practiced and prepared Ontario. The proposed amendments are posted on the Ontario
Regulatory Registry and the Environmental Registry of Ontario for review and feedback.
Phased Implementation Approach
If passed, Emergency Management Ontario would continue to engage partners throughout the
phased implementation of proposed amendments and to support regulatory development. This
would include ongoing support and guidance on what would be needed to implement required
emergency management programs and plans.
If you have any questions, please contact the Emergency Management Policy and
Governance Branch at EMOPolicy@ontario.ca.
Thank you again for your valued partnership as we work together to ensure the safety and
wellbeing of communities across Ontario.
Best always,
Bernie Derible
Deputy Minister and Commissioner of Emergency Management
Emergency Management Ontario in Treasury Board Secretariat
3
Cc:
Eric Everett, Assistant Deputy Minister, Emergency Management Strategy, Monitoring and
Intelligence Division, Emergency Management Ontario, Treasury Board Secretariat
Heather Levecque, Assistant Deputy Minister, Emergency Management Operations Division,
Emergency Management Ontario, Treasury Board Secretariat
Lisa Priest, Assistant Deputy Minister, Emergency Management Preparedness, Programs and
Planning Division, Emergency Management Ontario, Treasury Board Secretariat
Michelle Astill, Director, Emergency Management Policy and Governance Branch, Emergency
Management Strategy, Monitoring and Intelligence Division, Emergency Management Ontario,
Treasury Board Secretariat
Council
Highlights
Th u r sd ay ,
D ec embe r 12 , 20 24
In This Issue:
Council Receives Annual
Committee Reports
County Council to Oversee
Museum Directly
County Appoints ADR
Chambers Inc. as Integrity
Commissioner/Closed
Meeting Investigator
Contract Awarded for Village
of Fingal Reconstruction
County Establishes Two New
Restricted Parking Zones
New Structure for Council
Meetings
Elgin County Prioritizes
Safety with Updated
Emergency Plan and By-Law
Elgin County Council Highlights Page 01
At the December 12, 2024 County Council meeting,
Council members received annual update reports from
several key committees providing an overview of their
activities in 2024 and proposed initiatives for the
upcoming year.
The reports, presented by each committee, highlighted
their respective mandates, accomplishments, and plans
for 2025. Committees that shared their updates included
the Land Division Committee, Finance Committee,
Terrace Lodge Redevelopment Steering Committee,
Rural Initiatives and Planning Advisory Committee,
Human Resources Committee, Museum Advisory
Committee, and Growth Planning Steering Committee.
These reports give Council and the public an in-depth
look at the valuable work being done at the committee
level, ensuring that Elgin County remains on track to
meet its long-term goals.
The full Committee Reports are available as part of the
December 12, 2024 County Council Agenda Package.
Council Receives Annual Committee Reports
Elgin County Council Highlights P age 02
Elgin County Council approved the dissolution of the Elgin County Museum Advisory
Committee (ECMAC) and replacement of it with direct oversight by Elgin County
Council. Established in 2007, ECMAC served as an advisory body for matters such
as exhibitions, events, policy reviews, and museum liaison. Initially, the Committee
had representation from the Women’s Institutes (WI), the Imperial Order Daughters
of the Empire (IODE), and the Elgin County Tourist Association, all of which have
since diminished or dissolved. The Committee currently includes members from Elgin
County Council, the agricultural community, and other local museums, but there is a
vacancy for a WI representative.
The Committee has faced challenges, including low attendance and an inability to
meet quorum, with the last two meetings failing to do so. After consulting Committee
Members, it was agreed that a new governance model would better address these
issues. Similar to other County departments (such as the Elgin County Library and
Archives), the Museum will report directly to the County Council without the need for
an advisory committee.
The Museum has an exciting year ahead with a photography exhibit to run from
January to June. In July, an exhibit about Jumbo will open. It will coincide with the
140th anniversary of Jumbo’s death and will run into early 2026. A semi-permanent
exhibition will be mounted in the back section of the museum, drawn from the
permanent collection. Selections will be made to highlight aspects of the County’s
history and to represent, where possible, the individual municipalities. Collections
work will focus on continuing the collections review and identifying items for transfer
or deaccession and updating records and photographs in the online database.
County Council to Oversee Museum Directly
Elgin County Council Highlights Page 03
Contract Awarded for Village of Fingal Reconstruction Project
Council approved awarding the engineering services contract for the Village of Fingal
Reconstruction project to AECOM Canada Ltd. for $628,039 (excluding HST). The
contract covers the provision of engineering services, including project engineering,
detailed design, tender preparation, inspection, and contract administration for the
reconstruction of Township and County roads and full municipal servicing in the
Village of Fingal. This project is a collaboration between the County of Elgin and the
Township of Southwold. The County oversees Union Road, Fingal Line, and
associated stormwater systems, while the Township is responsible for sanitary
sewer, water systems, local roads, and pedestrian facilities.
Elgin County’s contract for Integrity Commissioner and Closed Meeting Investigator
services expires at the end of 2024, and Council directed a new procurement process
for a 2½-year contract. An RFQ was issued on November 12, 2024, and closed on
November 29, 2024, with four bids received from the following firms: Deloitte LLP,
Ross & McBride LLP, ADR Chambers Inc., and Lerners LLP.
The RFQ required firms to meet minimum qualifications, including at least five years
of experience in municipal integrity services, expertise in areas such as Municipal
Conflict of Interest Act compliance, mediation, communication, investigations,
adjudication, and municipal government. The lowest compliant bid was from ADR
Chambers Inc. at a rate of $300 per hour for both services.
ADR Chambers has proposed Michael Maynard as the Integrity Commissioner and
Closed Meeting Investigator. Maynard has been serving in these roles since 2018
and currently works with 18 Ontario municipalities and three school boards.
Council Appoints ADR Chambers Inc. as Integrity Commissioner/Closed
Meeting Investigator
Elgin County Council established restricted parking in two areas along County roads
to improve traffic safety and flow.
The first area is Fulton Street (CR 41) in the Village of Vienna, where the Municipality
of Bayham requested parking restrictions between Elm Street and Snow Street.
Parked vehicles on the grass boulevard in this section of road create potential
hazards due to restricted sightlines and the existing road geometry.
The second area is St. George Street (CR 26) in the Municipality of Central Elgin,
which was recently reconstructed to include narrower 3.35-meter travel lanes as a
traffic calming measure. The 6.7-meter width between curbs does not accommodate
on-street parking, and vehicles that attempt to park there obstruct traffic and pose
safety risks. Therefore, staff recommended restricting parking along St. George
Street. To minimize sign clutter, restricted parking signs will be placed at both ends
of the street. If parking violations continue, additional "No Parking" signage will be
installed.
Elgin County Council Highlights Page 04
Council Establishes Two New Restricted Parking Zones
Elgin County Council has approved a new structure for Council meetings, which will
be incorporated into a draft of the procedural by-law for Council’s review in the new
year. Currently, Elgin County Council uses a structure that combines Committee of
the Whole within the Council meeting format. Under this structure, all actions from
Committee of the Whole are approved immediately following discussion during the
same meeting.
The new structure will separate Council and Committee of the Whole into distinct
meetings, though they will still occur on the same day. Items discussed in Committee
of the Whole will not be approved until the following regular Council meeting, two
weeks later. This change will allow time for public comment and further discussion if
deemed necessary by Councillors.
New Structure for Council Meetings
For the complete December 12, 2024 Agenda Package, please visit the following link:
County Council Agenda Package
Elgin County Council Highlights Page 05
Elgin County’s Emergency Management by-law was established in 2018 and did not
fully align with the requirements of the Emergency Management and Civil Protection
Act (EMCPA). During the 2023 compliance process, Emergency Management Ontario
(EMO) recommended that Elgin County adopt an all-encompassing by-law to ensure
better alignment.
Council adopted a new by-law that adopts the emergency management program and
plan, and formally appoints the primary and alternate Community Emergency
Management Coordinators (CEMCs), along with the County’s Emergency
Management Program Committee (EMPC) and Municipal Emergency Control Group
(MECG). This updated by-law also provides flexibility for future administrative
changes, ensuring the ongoing effectiveness and efficiency of the emergency
management program.
In addition to the new by-law, the Emergency Management (EM) Department has
taken the opportunity to update the Emergency Response Plan (ERP). These updates
are primarily administrative, aligning the ERP with the new by-law and removing or
updating outdated information to ensure it remains relevant and effective.
Elgin County Prioritizes Community Safety with Updated Emergency Plan
and By-Law
LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Virtual Meeting Minutes of December 5, 2024
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 -
Members in attendance: Dave Beres, Vice-Chair Town of Tillsonburg Shelley Ann Bentley Haldimand County
Doug Brunton Norfolk County Michael Columbus Norfolk County Tom Masschaele Norfolk County
Jim Palmer Township of Norwich Chris Van Paassen Norfolk County Regrets: Rainey Weisler Municipality of Bayham/Township of Malahide Robert Chambers, Chair County of Brant Peter Ypma Township of South-West Oxford
Staff in attendance: Judy Maxwell, General Manager Leigh-Anne Mauthe, Manager of Watershed Services Saifur Rahman, Manager of Engineering and Infrastructure Jessica King, Social Media and Marketing Associate
Nicole Sullivan, HR Associate/Receptionist 1. Welcome and Call to Order
In the absence of the Chair; The Vice-Chair, Dave Beres, assumed the position of Acting Chair for the Board Meeting. A-140/24
Moved by M. Columbus Seconded by J. Palmer
THAT the Vice Chair, Dave Beres, is appointed Acting Chair for the Board Meeting. Carried
Acting Chair, Dave Beres, called the meeting to order at 6:30 p.m., Thursday, December 5, 2024. *M. Columbus left the meeting at 6:36pm. 2. Additional Agenda Items
There were no additional agenda items.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 -
3. Approval of the Agenda
A-141/24 Moved by D. Brunton Seconded by S. Bentley THAT the LPRCA Board of Directors approves the agenda as circulated. Carried
4. Declaration of Conflicts of Interest
None were declared. 5. Minutes of the Previous Meeting
a) Board of Directors Hearing Board Meeting Minutes – November 6, 2024
A-142/24 Moved by C. Van Paassen Seconded by J. Palmer
THAT the minutes of the LPRCA Board of Directors Hearing Board Meeting held November 6, 2024 be adopted as circulated. Carried b) Board of Directors Meeting Minutes – November 6, 2024
A-143/24 Moved by S. Bentley Seconded by D. Brunton
THAT the minutes of the LPRCA Board of Directors Meeting held November 6, 2024 be adopted as circulated. Carried c) Board of Directors Budget Meeting Minutes – November 13, 2024
A-144/24 Moved by S. Bentley Seconded by T. Masschaele
THAT the minutes of the LPRCA Board of Directors Budget Meeting held November 13, 2024
be adopted as circulated. Carried
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 -
6. Business Arising
No business arising from previous minutes. 7. Discussion Items
a) Land Acquisition/Disposition Policy
Judy Maxwell presented the report. A-145/24 Moved by S. Bentley Seconded by J. Palmer THAT the Long Point Region Conservation Authority Draft Land Acquisition & Disposition Policy be approved as presented. Carried *M. Columbus returned to the meeting at 6:48pm.
b) LPRCA Draft Strategic Plan 2024-2027
Judy Maxwell presented the report. A-146/24 Moved by M. Columbus Seconded by T. Masschaele THAT the Long Point Region Conservation Authority Board approves the LPRCA DRAFT Strategic Plan 2024 – 2027 as presented. Carried c) Workplace Violence & Harassment Policy - Legislative Update
Judy Maxwell presented the report. Mike Columbus asked staff if the update will be posted in all required places within the workplace. Judy Maxwell replied stating that everything is up to date and the policy is reviewed, signed yearly, and updated around the workplace. A-147/24 Moved by M. Columbus Seconded by D. Brunton THAT the LPRCA Board of Directors approves the LPRCA Workplace & Harassment Policy as updated.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 -
Carried d) 2024 Staff Appreciation
Judy Maxwell presented the report. A-148/24
Moved by C. Van Paassen Seconded by J. Palmer THAT the LPRCA Board of Directors authorizes the General Manager to purchase gift cards for staff in appreciation for their efforts. Carried 8. Consent Items
A-149/24 Moved by T. Masschaele Seconded by S. Bentley
THAT the LPRCA Board of Directors endorses the recommendations accompanying Consent Items a) through h). Carried 9. New Business There was no new business. Next meeting: Board of Directors/Election of Officers & 2025 Budget and Levy Apportionment Vote, January 8, 2025, 6:30pm
Adjournment The Chair adjourned the meeting at 7:07 p.m.
Dave Beres Judy Maxwell Acting Chair General Manager/Secretary-Treasurer
/ns
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: January 16, 2025
REPORT: CAO-01/25 SUBJECT: TRANSFER PAYMENT AGREEMENT – FIRE PROTECTION GRANT –
CANCER PREVENTION
BACKGROUND
On July 15, 2024, Ontario’s Solicitor General, the Honourable Michael Kerzner, announced the
opening of applications for the first round of the Fire Protection Grant through the Transfer
Payment Ontario System. The Fire Protection Grant program is being administered over three
years, with $10 million being allocated each year. The Ontario Fire Marshal later advised that
approximately $8,500 to $10,000 per station was being allocated through this program.
This grant was available to the 374 municipal fire departments and their 33,000 municipal
firefighters, including 12,500 full-time, 400 part-time, and 20,000 volunteer firefighters (including
pay for call).
The first year of the Fire Protection Grant program was targeted to cancer prevention and minor
infrastructure modernization initiatives. In Canada, 50 to 60 firefighters die of cancer every year,
and over half are from Ontario. In Ontario, there are currently 19 types of cancers that fall under
presumptive legislation. It follows that if a firefighter is diagnosed with a particular cancer and
the firefighter has the years of service designated to that cancer, it is presumed that the cancer
was caused because of their career. This will entail the employer and the firefighter to deal with
the claim as they would any other injury received will being employed as a firefighter.
DISCUSSION
Upon being notified of the Fire Protection Grant program, staff reviewed the Bayham fire
stations in the context of the grant to determine if an application was suitable.
Based on the internal review, staff a Fire Protection Grant program application through the
Transfer Payment Ontario System for a total of $17,000 for the following improvements:
In the Port Burwell station, the Fire Chief looked at enhancing benzene protection for bunker
gear. Benzene is considered a Class 1 carcinogenic. One of the methods of producing benzene
is the exhaust of diesel engines. As such, when the fire apparatus starts, the exhaust goes into
the air and will cling to its surroundings, including the bunker gear which is located directly
beside the apparatus bays. An inquiry was made as to what separation could be installed
between the apparatus floor and the bunker gear room and allowing the light and open-concept
layout to remain generally unimpacted. The concept of a plexiglass wall and doors was
proposed as a cost-effective solution. The associated cost was quoted at $7,500+HST.
In the Straffordville station, one of the biggest concerns is not having a separate washing and
drying room for soiled bunker gear. After a fire, many of the by-products from the fire will remain
on the bunker gear. Research has shown that many of the by-products are carcinogenic and
thus may pose an accumulative risk to firefighters. Currently in the Straffordville station, the
firefighters must carry the soiled gear through the meeting room or office area in order get the
gear to the extractor (washing machine). To eliminate this process, staff looked at installing a
separate room in the mezzanine above apparatus bays. This would require walls to be
constructed and the plumbing and electrical to be installed. The associated cost was quoted at
$9,500+HST
Based on the application for improvements at both Bayham fire stations, on December 19,
2024, staff received notification that the Municipality of Bayham was being awarded the sum of
$16,460.90 through the Fire Protection Grant program, with the requirement to spend the funds
by December 31, 2025.
To finalize receipt of the funds and confirm ability to proceed with the identified work in
accordance with Bayham’s Fire Protection Grant program application, Council is required to
enter into a Transfer Payment Agreement (TPA) by by-law, which will then be remitted to the
granting agency once authorized. The TPA is attached for Council’s consideration, and the
appropriate authorizing by-law is further included later in this Agenda package for approval.
STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Actively seek and apply for grants to support operational and capital projects
ATTACHMENTS
1. Transfer Payment Agreement – Fire Protection Grant – Cancer Prevention
RECOMMENDATION
1. THAT Report CAO-01/25 re Transfer Payment Agreement – Fire Protection Grant be
received for information;
2. AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute a
Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as
represented by the Solicitor General and the Municipality of Bayham for the Fire
Protection Grant program.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
Page 1 of 25
ONTARIO TRANSFER PAYMENT AGREEMENT
THE AGREEMENT is effective as of the
BETWEEN:
His Majesty the King in right of Ontario as represented by the enter the full legal title of the Minister
(the “Province”)
-and -
(the “Recipient”)
CONSIDERATION
In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 Schedules to the Agreement. The following schedules form part of the Agreement:
Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget
Schedule “E” - Payment Plan
Schedule “F” - Reports.
1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and
supersedes all prior oral or written representations and agreements.
Page 2 of 25
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between
the Additional Provisions and the provisions in Schedule “A”, the following rules will apply:
(a)the Parties will interpret any Additional Provisions in so far as possible, in
a way that preserves the intention of the Parties as expressed in Schedule
“A”; and
(b)where it is not possible to interpret the Additional Provisions in a way thatis consistent with the provisions in Schedule “A”, the Additional Provisions
will prevail over the provisions in Schedule “A” to the extent of the
inconsistency.
3.0 COUNTERPARTS
3.1 The Agreement may be executed in any number of counterparts, each of which
will be deemed an original, but all of which together will constitute one and the
same instrument.
4.0 AMENDING THE AGREEMENT
4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.
5.0 ACKNOWLEDGEMENT
5.1 The Recipient acknowledges that:
(a)by receiving Funds it may become subject to legislation applicable to
organizations that receive funding from the Government of Ontario,
including the Broader Public Sector Accountability Act, 2010 (Ontario),the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor
General Act (Ontario);
(b)His Majesty the King in right of Ontario has issued expenses,
perquisites, and procurement directives and guidelines pursuant to the
Broader Public Sector Accountability Act, 2010 (Ontario);
(c)the Funds are:
Page 3 of 25
(i)to assist the Recipient to carry out the Project and not to providegoods or services to the Province;
(ii)funding for the purposes of the Public Sector Salary Disclosure
Act, 1996 (Ontario);
(d)the Province is not responsible for carrying out the Project;
(e)the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) and that any information provided to the Provincein connection with the Project or otherwise in connection with theAgreement may be subject to disclosure in accordance with that Act; and
(f)the Province is bound by the Financial Administration Act (Ontario)
(“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by theProvince of Funds under the Agreement will be subject to,
(i)an appropriation, as that term is defined in subsection 1(1) of the
FAA, to which that payment can be charged being available in the
Funding Year in which the payment becomes due; or
(ii)the payment having been charged to an appropriation for aprevious fiscal year.
SIGNATURE PAGE FOLLOWS
Page 4 of 25
The Parties have executed the Agreement on the dates set out below.
HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal
Date Name: Carrie Clarke
Title: Deputy Fire Marshal
Date Name:
Title:
I have authority to bind the Recipient
Date Name:
Title:
I have authority to bind the Recipient
TP Agreement – Shortened Page 5 of 25
SCHEDULE “A” GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(a)words in the singular include the plural and vice-versa;
(b)words in one gender include all genders;
(c)the headings do not form part of the Agreement; they are for referenceonly and will not affect the interpretation of the Agreement;
(d)any reference to dollars or currency will be in Canadian dollars and
currency; and
(e)“include”, “includes” and “including” denote that the subsequent list is notexhaustive.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
“Additional Provisions” means the terms and conditions set out in Schedule “B”.
“Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1.
“Budget” means the budget attached to the Agreement as Schedule “D”.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour
Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and
any other day on which the Province has elected to be closed for business.
“Effective Date” means the date set out at the top of the Agreement.
“Event of Default” has the meaning ascribed to it in section A12.1.
“Expiry Date” means the expiry date set out in Schedule “B”.
“Funding Year” means:
TP Agreement – Shortened Page 6 of 25
(a)in the case of the first Funding Year, the period commencing on theEffective Date and ending on the following March 31; and
(b)in the case of Funding Years subsequent to the first Funding Year, theperiod commencing on April 1 following the end of the previous FundingYear and ending on the following March 31 or the Expiry Date,whichever is first.
“Funds” means the money the Province provides to the Recipient pursuant to the Agreement.
“Indemnified Parties” means His Majesty the King in right of Ontario, and
includes His ministers, agents, appointees, and employees.
“Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement.
“Maximum Funds” means the maximum set out in Schedule “B”.
“Notice” means any communication given or required to be given pursuant to the Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4.
“Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient.
“Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement.
“Project” means the undertaking described in Schedule “C”.
“Records Review” means any assessment the Province conducts pursuant to section A7.4.
“Reports” means the reports described in Schedule “F”.
TP Agreement – Shortened Page 7 of 25
A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1 General. The Recipient represents, warrants, and covenants that:
(a)it is, and will continue to be, a validly existing legal entity with full powerto fulfill its obligations under the Agreement;
(b)it has, and will continue to have, the experience and expertise necessary
to carry out the Project;
(c)it is in compliance with, and will continue to comply with, all federal andprovincial laws and regulations, all municipal by-laws, and any otherorders, rules, and by-laws related to any aspect of the Project, the
Funds, or both; and
(d)unless otherwise provided for in the Agreement, any information theRecipient provided to the Province in support of its request for funds(including information relating to any eligibility requirements) was true
and complete at the time the Recipient provided it and will continue to betrue and complete.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a)the full power and capacity to enter into the Agreement; and
(b)taken all necessary actions to authorize the execution of the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has,
will maintain in writing, and will follow:
(a)a code of conduct and ethical responsibilities for all persons at all levelsof the Recipient’s organization;
(b)procedures to enable the Recipient’s ongoing effective functioning;
(c)decision-making mechanisms for the Recipient;
(d)procedures to enable the Recipient to manage Funds prudently and
effectively;
(e)procedures to enable the Recipient to complete the Project successfully;
(f)procedures to enable the Recipient to identify risks to the completion of
the Project and strategies to address the identified risks, all in a timely
manner;
TP Agreement – Shortened Page 8 of 25
(g)procedures to enable the preparation and submission of all Reportsrequired pursuant to Article A7.0; and
(h)procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to enable the Recipient to carry out itsobligations under the Agreement.A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0.
A3.0 TERM OF THE AGREEMENT
A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or
Article A12.0.
A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will:
(a)provide the Recipient with Funds up to the Maximum Funds for thepurpose of carrying out the Project;
(b)provide the Funds to the Recipient in accordance with the payment plan
attached to the Agreement as Schedule “E”; and
(c)deposit the Funds into an account the Recipient designates providedthat the account:
(i)resides at a Canadian financial institution; and
(ii)is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1:
(a)the Province is not obligated to provide any Funds to the Recipient untilthe Recipient provides the certificates of insurance or other proofrequired pursuant to section A10.2;
(b)the Province is not obligated to provide instalments of Funds until it issatisfied with the progress of the Project; and
(c)the Province may adjust the amount of Funds it provides to the Recipientfor any Funding Year based upon the Province’s assessment of theinformation the Recipient provides to the Province pursuant to section
A7.2.
TP Agreement – Shortened Page 9 of 25
A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following:
(a)carry out the Project in accordance with the Agreement;
(b)use the Funds only for the purpose of carrying out the Project;
(c)spend the Funds only in accordance with the Budget;
(d)not use the Funds to cover any cost that has been or will be funded orreimbursed by one or more of any third party, ministry, agency, ororganization of the Government of Ontario.
(e)not use funds to cover any cost that has or will be funded by the
recipients regular operating or capital budget.
A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in
an interest-bearing account in the name of the Recipient at a Canadian
financial institution.
A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following:
(a)deduct an amount equal to the interest from any further instalments ofFunds;
(b)demand from the Recipient the payment of an amount equal to the
interest.
A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible
to receive, a rebate, credit, or refund.
A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds,
it will do so through a process that promotes the best value for money.
A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds
or for which Funds were provided, the cost of which exceeded the amount as
set out in Schedule “B” at the time of purchase.
TP Agreement – Shortened Page 10 of 25
A6.0 CONFLICT OF INTEREST
A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of
interest includes any circumstances where:
(a)the Recipient; or
(b)any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships, or financial interests that could,or could be seen by a reasonable person to, interfere with theRecipient’s objective, unbiased, and impartial judgment relating to theProject, the use of the Funds, or both.
A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without an actual, potential, or perceived conflict of interest unless:
(a)the Recipient:
(i)provides Notice to the Province disclosing the details of the
actual, potential, or perceived conflict of interest; and
(ii)requests the consent of the Province to carry out the Project withan actual, potential, or perceived conflict of interest;
(b)the Province provides its consent to the Recipient carrying out theProject with an actual, potential, or perceived conflict of interest; and
(c)the Recipient complies with any terms and conditions the Province may
prescribe in its consent.
A7.0 REPORTS, ACCOUNTING, AND REVIEW
A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify.
A7.2 Preparation and Submission. The Recipient will:
(a)submit to the Province at the address set out in Schedule “B” :
(i)all Reports in accordance with the timelines and content
requirements set out in Schedule “F”;
(ii)any other reports in accordance with any timelines and content
requirements the Province may specify from time to time;
TP Agreement – Shortened Page 11 of 25
(b)ensure that all Reports and other reports are:
(i)completed to the satisfaction of the Province; and
(ii)signed by an authorized signing officer of the Recipient.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation:
(a)all financial records (including invoices and evidence of payment)relating to the Funds or otherwise to the Project in a manner consistentwith either international financial reporting standards or generallyaccepted accounting principles or any comparable accounting standardsthat apply to the Recipient; and
(b)all non-financial records and documents relating to the Funds orotherwise to the Project.
A7.4 Records Review. The Province may, at its own expense, upon twenty-four
hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following:
(a)the truth of any of the Recipient’s representations and warranties;
(b)the progress of the Project;
(c)the Recipient’s allocation and expenditure of the Funds.
A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions:
(a)inspect and copy any records and documents referred to in section A7.3;
(b)remove any copies the Province makes pursuant to section A7.5(a).
A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by:
(a)ensuring that the Province has access to the records and documentswherever they are located;
(b)assisting the Province to copy records and documents;
TP Agreement – Shortened Page 12 of 25
(c)providing to the Province, in the form the Province specifies, anyinformation the Province identifies; and
(d)carrying out any other activities the Province requests.
A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records.
A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to
any rights provided to the Auditor General pursuant to section 9.1 of the Auditor
General Act (Ontario).
A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual, including public announcements or communications:
(a)acknowledge the support of the Province for the Project;
(b)ensure that any acknowledgement is in a form and manner as theProvince directs; and
(c)indicate that the views expressed in the publication are the views of the
Recipient and do not necessarily reflect those of the Province.
(d)obtain prior written approval from the Province before using anyGovernment of Ontario or ministry logo or symbol in any
communications including press releases, published reports, radio andtelevision programs and public or private meetings, or in any other typeof promotional material, relating to the Project or this Agreement.
A8.2 Notice of Project-Related Communications. Unless the Province directs the
Recipient to do otherwise, the Recipient will provide written notice to the Province
a minimum of 14 Business Days’ in advance of all Project-related publications,
whether written, oral, or visual, including public announcements or
communications.
A9.0 INDEMNITY
A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties.
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A10.0 INSURANCE
A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and
will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property
damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following:
(a)the Indemnified Parties as additional insureds with respect to liability
arising in the course of performance of the Recipient’s obligations under,
or otherwise in connection with, the Agreement;
(b)a cross-liability clause;
(c)contractual liability coverage; and
(d)at least 30 days’ written notice of cancellation.
A10.2 Proof of Insurance. The Recipient will:
(a)provide to the Province, either:
(i)certificates of insurance that confirm the insurance coveragerequired by section A10.1; or
(ii)other proof that confirms the insurance coverage required bysection A10.1; and
(b)in the event of a Proceeding, and upon the Province’s request, the
Recipient will provide to the Province a copy of any of the Recipient’s
insurance policies that relate to the Project or otherwise to theAgreement, or both.
A11.0 TERMINATION ON NOTICE
A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions:
TP Agreement – Shortened Page 14 of 25
(a)cancel further instalments of Funds;
(b)demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
(c)determine the reasonable costs for the Recipient to wind down theProject, and do either or both of the following:
(i)permit the Recipient to offset such costs against the amount theRecipient owes pursuant to section A11.2(b); and
(ii)subject to section A4.1(a), provide Funds to the Recipient to cover
such costs.
A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT
A12.1 Events of Default. Each of the following events will constitute an Event of
Default:
(a)in the opinion of the Province, the Recipient breaches anyrepresentation, warranty, covenant, or other term of the Agreement,
including failing to do any of the following in accordance with the termsand conditions of the Agreement:
(i)carry out the Project;
(ii)use or spend Funds; or
(iii)provide, in accordance with section A7.2, Reports or such otherreports as the Province may have requested pursuant to sectionA7.2(a)(ii);
(b)the Recipient’s operations, its financial condition, its organizationalstructure or its control changes such that it no longer meets one ormore of the eligibility requirements of the program under which theProvince provides the Funds;
(c)the Recipient makes an assignment, proposal, compromise, orarrangement for the benefit of creditors, or a creditor makes anapplication for an order adjudging the Recipient bankrupt, or applies forthe appointment of a receiver;
(d)the Recipient ceases to operate.
A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions:
(a)initiate any action the Province considers necessary in order to facilitatethe successful continuation or completion of the Project;
(b)provide the Recipient with an opportunity to remedy the Event of Default;
(c)suspend the payment of Funds for such period as the Provincedetermines appropriate;
(d)reduce the amount of the Funds;
(e)cancel further instalments of Funds;
(f)demand from the Recipient the payment of any Funds remaining in thepossession or under the control of the Recipient;
(g)demand from the Recipient the payment of an amount equal to anyFunds the Recipient used, but did not use in accordance with theAgreement;
(h)demand from the Recipient the payment of an amount equal to any
Funds the Province provided to the Recipient;
(i)demand from the Recipient the payment of an amount equal to the coststhe Province incurred or incurs to enforce its rights under the Agreement,
including the costs of any Records Review and the costs it incurs to
collect any amounts the Recipient owes to the Province; and
(j)upon giving Notice to the Recipient, terminate the Agreement at anytime, including immediately, without liability, penalty or costs to the
Province.
A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of:
(a)the particulars of the Event of Default; and
(b)the Notice Period.
A12.4 Recipient not Remedying. If the Province provides the Recipient with an
opportunity to remedy the Event of Default pursuant to section A12.2(b), and:
TP Agreement – Shortened Page 15 of 25
(a)the Recipient does not remedy the Event of Default within the NoticePeriod;
(b)it becomes apparent to the Province that the Recipient cannot
completely remedy the Event of Default within the Notice Period; or
(c)the Recipient is not proceeding to remedy the Event of Default in a waythat is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).
A12.5 When Termination Effective. Termination under Article A12.0 will take effect
as provided for in the Notice.
A13.0 FUNDS AT THE END OF A FUNDING YEAR
A13.1 Funds at the End of a Funding Year. Without limiting any rights of the
Province under Article A12.0, if, by the end of a Funding Year, the Recipient
has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions:
(a)demand from the Recipient payment of the unspent Funds;
(b)adjust the amount of any further instalments of Funds accordingly.
A14.0 FUNDS UPON EXPIRY
A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both.
A15.0 DEBT DUE AND PAYMENT
A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may:
(a)deduct an amount equal to the excess Funds from any further
instalments of Funds; or
(b)demand that the Recipient pay to the Province an amount equal to theexcess Funds.
A15.2 Debt Due. If, pursuant to the Agreement:
(a)the Province demands from the Recipient the payment of any Funds, an
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TP Agreement – Shortened Page 17 of 25
amount equal to any Funds or any other amounts owing under the Agreement; or
(b)the Recipient owes to the Province any Funds, an amount equal to any
Funds or any other amounts owing under the Agreement, whether or notthe Province has demanded their payment,
such amounts will be deemed to be debts due and owing to the Province by the
Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.
A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current
interest rate charged by the Province of Ontario on accounts receivable.
A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B".
A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the
King in right of Ontario.
A16.0 NOTICE
A16.1 Notice in Writing and Addressed. Notice will be:
(a)in writing;
(b)delivered by email, postage-prepaid mail, personal delivery, courier orfax; and
(c)addressed to the Province or the Recipient as set out in Schedule “B”, oras either Party later designates to the other by Notice.
A16.2 Notice Given. Notice will be deemed to have been given:
(a)in the case of postage-prepaid mail, five Business Days after the Noticeis mailed; or
(b)in the case of fax, one Business Day after the Notice is delivered; and
(c)in the case of email, personal delivery or courier on the date on whichthe Notice is delivered.
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A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption:
(a)Notice by postage-prepaid mail will not be deemed to be given; and
(b)the Party giving Notice will give Notice by email, personal delivery,courier or fax.
A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A17.1 Consent. When the Province provides its consent pursuant to the Agreement:
(a)it will do so by Notice;
(b)it may attach any terms and conditions to the consent; and
(c)the Recipient may rely on the consent only if the Recipient complies with
any terms and conditions the Province may have attached to the
consent.
A18.0 SEVERABILITY OF PROVISIONS
A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement.
A19.0 WAIVER
A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect.
A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the
Agreement by providing Notice to the other Party. A waiver will apply only to the
specific rights, powers or remedies identified in the Notice and the Party
providing the waiver may attach terms and conditions to the waiver.
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A20.0 INDEPENDENT PARTIES
A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or
employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship.
A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A21.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on:
(a)the Recipient’s heirs, executors, administrators, successors, andpermitted assigns; and
(b)the successors to His Majesty the King in right of Ontario.
A22.0 GOVERNING LAW
A22.1 Governing Law. The Agreement and the rights, obligations, and relations of
the Parties will be governed by and construed in accordance with the laws of
the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.
A23.0 FURTHER ASSURANCES
A23.1 Agreement into Effect. The Recipient will:
(a)provide such further assurances as the Province may request from timeto time with respect to any matter to which the Agreement pertains; and
(b)do or cause to be done all acts or things necessary to implement andcarry into effect the terms and conditions of the Agreement to their full
extent.
A24.0 JOINT AND SEVERAL LIABILITY
A24.1 Joint and Several Liability. Where the Recipient comprises more than one
entity, each entity will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
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A25.0 RIGHTS AND REMEDIES CUMULATIVE
A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.
A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A26.1 Other Agreements. If the Recipient:
(a)has failed to comply with any term, condition, or obligation under anyother agreement with His Majesty the King in right of Ontario or one ofHer agencies (a “Failure”);
(b)has been provided with notice of such Failure in accordance with therequirements of such other agreement;
(c)has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d)such Failure is continuing,
the Province may suspend the payment of Funds for such period as the
Province determines appropriate.
A27.0 SURVIVAL
A27.1 Survival. The following Articles and sections, and all applicable cross-
referenced Articles, sections and schedules, will continue in full force and effect
for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the
Reports or other reports as the Province may have requested and to the
satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and
Article A27.0.
END OF GENERAL TERMS AND CONDITIONS
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SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS
Maximum Funds $
Expiry Date March 31, 2025
Amount for the purposes of section A5.2 (Disposal)
of Schedule “A”
$ 5,000.00
Insurance $ 2,000,000
Contact information for the purposes of Notice to the Province
Name: Program Development & Analytics Unit, Office of the Fire Marshal, Public Safety Division Ministry of the Solicitor General
Attention: Katrina Nedeljkovich, Operations Manager
Address: 2284 Nursery Road, Midhurst, ON, L0L 1N0
Phone: 705-305-4595
Email: Katrina.nedeljkovich@Ontario.ca / OFMGrants@Ontario.ca Contact information for the purposes of Notice to the Recipient
Position:
Address:
Fax:
Email:
Contact information for the senior financial person in
the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement
Position:
Address:
Fax:
Email:
Additional Provisions:
None
TP Agreement – Shortened Page 22 of 25
SCHEDULE “C” PROJECT
The Ministry of the Solicitor General, Office of the Fire Marshal received Treasury Board
(TB) approval for $30.0M grant over 3 years in funding to support the municipal fire
service in acquiring critical equipment and other needs (health and safety, minor
infrastructure and specialized tools) to improve and enhance the level of fire protection
service being provided. These approved funds are provided through what is known as
the Fire Protection Grant.
Year one of the Fire Protection Grant focuses on firefighter health and safety
(specifically cancer prevention measures) and minor infrastructure updates. These
themes were chosen based on feedback from fire stakeholders across Ontario about
the challenges and risks firefighters face in performing their duties.
The Ministry has identified four categories of eligibility:
•Cancer Prevention – Equipment (such as exhaust extraction systems in
the fire station or washing machines for firefighting gear to remove
contaminants, etc.)
•Cancer Prevention - Personal Protective Equipment (such as facepieces,
balaclavas, etc.)
•Cancer Prevention – Minor Infrastructure (such as showers in the fire
station, etc.)
•Technology – Minor Infrastructure (such as bringing internet to fire stations
that do not currently have access to improve connectivity and training
opportunities, etc.)
The grant application window opened on July 23, 2024 and closed September 5, 2024.
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SCHEDULE “D” BUDGET
Funding will be provided to the
upon execution of this Agreement.
Funding will be provided to the explicitly for the purchase of one, or a combination of, the items prescribed within the listed summary in Schedule "C". Copies of all invoices and receipts for said items will
be provided to the Office of The Fire Marshal as part of the Report Back described in Schedule “F” that forms part of this agreement.
The funds must be committed to the project as approved by March 31st, 2025. Subsequently, the funds must be spent by the municipality by the end of Provincial Financial Quarter Three (Q3) (December 31, 2025).
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SCHEDULE “E” PAYMENT PLAN
E.1 MAXIMUM FUNDS
The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule “B”.
E.2 PAYMENT SCHEDULE
The Funds will be provided to the Recipient for the Funding Year subject to the Agreement having been signed by the Province.
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SCHEDULE “F” REPORTS
As a condition of the Fire Protection Grant, a report back to the Office of the Fire
Marshal must be received by the end of Provincial Financial Quarter, Q3, to outline how
the grant was utilized and the benefit(s) seen at the department level.
As part of the report back the municipality will provide copies of all invoices and receipts for the items purchased for the approved project(s) as noted in Schedule C.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: January 16, 2025
REPORT: CAO-02/25 SUBJECT: AGREEMENT FOR RESIDENTIAL WASTE MANAGEMENT COLLECTION
SERVICES – NORFOLK DISPOSAL
BACKGROUND
At its August 18, 2022 meeting, Council received Report CAO-40/22 re 2023 Blue Box
Transition and passed the following motion:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-40/22 re 2023 Blue Box Transition be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham hereby opt out
of the option to provide continuation of existing collection services during transition
period from July 2023 to December 2025 and allow Producer Responsibility
Organizations to take over provision of recycling services effective July 1, 2023.
The Blue Box Regulation under the Resource Recovery and Circular Economy Act, 2016
(RRCEA) came into effect on June 3, 2021, and made producers of products and packaging
fully responsible for managing their products at end of life. Bayham’s transition date under the
Regulation was July 1, 2023. At that time, residential curbside recycling would transition to
Circular Materials Ontario (CMO). Industrial, Commercial, and Institutional (ICI) pick-up would
be at the responsibility of the individual businesses/organizations as these sources were
considered ineligible under the Regulation
At its April 6, 2023 meeting, Council received Report CAO-21/23 re Curbside Waste Disposal
Services. The Report identified that, in December 2022, staff were advised that Norfolk Disposal
was awarded the CMO contract for curbside recycling collection in Bayham, effective July 1,
2023 with a term through December 31, 2025 and with three possible one (1)-year extensions
available. Staff are also aware that Norfolk Disposal, should their contract not be extended with
CMO, will be working with Miller Waste from January 1, 2026 for a ten (10)-year period as a
sub-contractor, to continue to provide Bayham with curbside recycling services. Council passed
the following motion:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-21/23 re Curbside Waste Disposal Services be received for
information;
AND THAT Council authorize the sole-source of a new curbside garbage collection
contract to Norfolk Disposal;
AND THAT the appropriate by-law be brought forward for Council’s consideration.
At its June 15, 2023 meeting, Council received Report PS-11/23 re Bulk Item Curbside Pick-up
Spring Update. Bayham has utilized Norfolk Disposal as the curbside pick-up vendor for the
curbside bulk-item/large-item pick-up. Council passed the following motion:
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report PS-11/23 re Bulk Item Curbside Pick-up Spring Update be received for
information;
AND THAT, for the remainder of 2023, the Bulk Item Curb Side Pick-up Program shall
operate during September and October;
AND THAT, commencing in 2024, the Bulk Item Curb Side Pick-up Program shall operate
for the following five months with a given calendar year: April, May, July, September, and
October;
AND THAT Council establish a $25 user fee for the Bulk Item Curbside Pick-up Program,
effective September 2023, with user fees to be re-evaluated in June 2024;
AND THAT a Bulk Item Curbside Pick-up Program Policy be brought forward for Council’s
consideration in August 2023.
At its August 17, 2023 meeting, Council received Report CL-09/23 re Curbside Bulk Garbage
Pick-up Program Policy. This Report followed the above direction to formalize the program.
Council passed the following motion:
Moved by: Councillor Chilcott
Seconded by: Counillor Froese
THAT Report CL-09/23 re Curbside Bulk Garbage Pick-Up Program Policy be received
for information;
AND THAT the appropriate by-law be brought forward to adopt the policy as presented.
The Policy was adopted formally by By-law No. 2023-063 later in the same meeting.
The changes to the level of service required of the waste collection contract with Norfolk
Disposal necessitated more than an extension thereof. Staff have been working with Norfolk
Disposal and Elgin County Legal Services on a new Agreement to recognize the current service
realities of Bayham curbside waste collection.
DISCUSSION
The draft Agreement, included as attached, is significantly similar to the terms and conditions of
the previous Agreement (No. 185-08) stemming from RFP 12-01. The major changes are as
follows:
1) Removal of all language associated with curbside recycling services, as this transitioned
to Circular Materials Ontario in 2023.
2) Inclusion of general language and process respecting bulk curbside/large item pick-up,
as implemented by Council.
3) New term – seven years with two mutual one-year extensions, effective July 1, 2023.
4) Updated information relating to number of urban and rural pick-up locations and bulk bin
locations and counts.
5) Generally minor administrative and clerical updates to language to recognize modern-
day considerations.
The cost of the service is consistent with Norfolk Disposal’s RFP 12-01 submission, indexed
year-over-year. In addition to the above, the Agreement had to be drafted in full, including
appendices, as the previous Agreement was essentially the RFP itself appended to the
authorizing by-law (No. 2012-041) and not a stand-alone Agreement. The 294-page Agreement
is lengthy due to the requirement to have information related to Norfolk Disposal’s RFP 12-01
submission included as a reference document. It would not have been proper to simply append
their previous RFP submission as the body of the new Agreement due to significant changes to
the types of service being provided.
The Agreement is retroactively effective to July 1, 2023 and this is reflected in the draft
authorizing by-law. Norfolk Disposal has been providing the level of service anticipated in this
Agreement since the effective date. They have also been circulated with the Agreement and are
in agreement with its content.
Staff recommends authorizing the signing and approval of the Agreement and authorizing by-
law.
STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Actively seek and apply for grants to support operational and capital projects
ATTACHMENTS
1. Agreement – Residential Waste Management Collection Services – Norfolk Disposal
RECOMMENDATION
1. THAT Report CAO-02/25 re Agreement – Residential Waste Management Collection
Services – Norfolk Disposal be received for information;
2. AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute an
Agreement between Municipality of Bayham and Norfolk Disposal for residential waste
management collection services;
3. AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
Page 1 of 13
AGREEMENT MUNICIPALITY OF BAYHAM
Residential Waste Management Collection Services
BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter “Municipality”)
OF THE FIRST PART - AND - NORFOLK DISPOSAL SERVICES LTD.
(hereinafter “Contractor”)
OF THE SECOND PART
RECITALS:
WHEREAS the Contractor is the only available supplier of the services that meets the requirements of the Municipality of Bayham;
AND WHEREAS the Council of the Municipality of Bayham, on April 6, 2023, deemed it appropriate to resolve to award a sole source contract for the provision of curbside collection services to the Contractor;
AND WHEREAS the Municipality, pursuant to regulatory changes enacted pursuant to the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1, is no longer responsible for the collection of recyclables within the territorial boundaries of the Municipality;
AND WHEREAS the parties wish to formalize and set down their agreement in writing;
NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) now paid by each party to the other as well as the mutual covenants contained herein, the nature and extent of which consideration is acknowledged as sufficient and received, the Parties hereto agree as follows:
1. GENERAL
1.1. Purpose of Agreement
This Agreement to provide the Municipality of Bayham with curbside waste management and collection services, including the year-round collection of garbage at the curbside and from bulk bins and the occasional collection of yard waste, leaves, and large items from the curbside. 2. DEFINITIONS AND INTERPRETATION 2.1. Definitions
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In this Agreement, unless the context otherwise requires, the following terms shall have
the following meanings:
2.1.1. “Agreement” “Agreement” means this agreement, including any recitals and schedules to this
agreement, as amended, supplemented or restated from time to time.
2.1.2. "Confidential Information"
“Confidential information” shall mean any non-public information, whether in oral, written, electronic, or other form, disclosed by the Municipality to the Recipient that is identified as confidential or would reasonably be understood to be confidential under the circumstances. Confidential Information includes municipal plans, policies,
proprietary data, financial information, infrastructure plans, public safety strategies, internal reports, and any other information that is not publicly available.
2.1.3. “Work” shall mean all services the Contractor is obliged to provide to the
Municipality pursuant to this Agreement. 2.1.4. “Council”
“Council” means the Municipal Council of the Municipality of Bayham.
2.1.5. “Effective Date” “Effective date” means July 1, 2023 and the Parties hereby acknowledge and agree that notwithstanding that this agreement was executed subsequent to July 1, 2023, the terms and conditions contained herein shall be effective retroactive to and including July 1, 2023. 2.1.6. “Equipment”
“Equipment” shall mean all items that the Contractor is obliged to provide under this Agreement and shall include items not specifically named by the Agreement that are required in order to effectively, safely, and legally fulfill this Agreement. 2.1.7. “Term” “Term”, except as used in Section 4 herein, shall mean the entire duration of this Agreement and shall include any and all renewal terms and extensions. 2.2. Interpretation
2.2.1. Gender/Number
Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders.
2.2.2. Headings Do Not Govern
The headings contained in this Agreement are for reference only and in no way affect this Agreement.
2.2.3. “Include”
Except where context otherwise requires, all instances of the word “include” and all
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conjugations thereof should be read as though immediately followed by the words “without limitation”. 2.2.4. “Shall” and “Will” The words "shall" and “will” denote imperatives.
2.2.5. Governing Documents and the Precedence Thereof In case of:
i) any inconsistency or conflict between the provisions of this Agreement, Schedule “A” hereto, and the Specifications or General Conditions or Tender or Drawings or any other document or writing, or ii) in case of vagueness or ambiguity in the Schedule(s) hereto, the provisions of such documents, including definitions, shall take precedence and govern in the following order, namely: a) The body of this Agreement;
b) Schedule “A” hereto, including its Appendices, as updated from time to time in accordance with Section 3 of this Agreement, among which the most recent will govern; c) The provisions of RFP #12-01, attached hereto as Schedule “B”, pertaining to the calculation of service charges, but excluding the provisions of RFP #12-01 pertaining to the calculation of service charges for recycling services; and d) All provisions of RFP #12-01 not pertaining to the calculation of service charges. Said documents collectively form the entirety of the agreement between the parties and supersedes any prior agreements, understandings, negotiations, or discussions, whether oral or written, between the parties. No supplement, modification, amendment, or termination of any part of the agreement shall be binding unless in accordance with this Agreement or executed in writing by the Parties. 3. SERVICE The Contractor hereby agrees to provide the Municipality of Bayham with services including
Curbside Collection Services for the term of the contract. Curbside Collection Services shall include the collection, removal, and disposal of garbage, bulk bins, bulk materials/large items, yard and leaf waste, and all other services described in this Agreement. All Work shall be performed in a workmanlike manner to a standard of quality deemed acceptable by the Municipality. The Work to be performed by the Contractor shall include the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of Curbside Collection Services within the boundary of the Municipality and all related work as described herein. The Curbside Collection Service will operate as defined by the maps agreed upon by the parties in accordance with this Section. Materials shall be managed in a manner that minimizes the cost to the Municipality by
establishing an efficient collection that maximizes diversion rates as well as revenues.
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Without in any way limiting the generality or scope of the foregoing, the Contractor shall:
3.1. According to the Schedules, service schedules, and service maps contemplated in this Section, collect from the curbside: i) Approved Garbage; ii) Approved Leaf and Yard Materials; and
iii) Bulk materials and large items; and further collect from bulk bins:
iv) Garbage.
3.2. Deliver and deposit each of garbage; yard materials, including leaves; and bulk materials/large items to the proper location for that material, which location shall be licensed for the same and shall be approved in writing by the Municipality; 3.3. As requested by the Municipality, cooperate with the Municipality to determine:
i) service schedules; ii) specifics of service provisions as contemplated by this Agreement, such as the number of “bag tags”, if any, to be provided to residents; and iii) service maps corresponding to each service offered under this agreement.
Such schedules and maps shall be: iv) reduced to writing and shall form part of this Agreement; and
v) be agreed upon by the parties sufficiently in advance to permit the Municipality to inform its residents of the same;
3.4. Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as required by the Municipality, concerning all collection program operations; and 3.5. Comply with the service specifications and requirements laid out in this Agreement and in the schedules hereto. 4. TERM
The Parties agree that this Agreement shall commence on July 1, 2023 and shall continue until June 30, 2030.
4.1. Renewal
The Parties acknowledge and agree that this Agreement shall automatically renew on one (1) year terms with identical conditions for further terms as follows: i) a first renewal term commencing July 1, 2030 and ending on June 30, 2031, and
ii) a second renewal term commencing on July 31, 2031 and ending on June 30, 2032. Either Party may decline to renew this Agreement by delivering a Notice of Termination to the other, in which case the Agreement shall expire at the end of the then current term, unless otherwise terminated sooner in accordance with this Agreement. To take effect, such Notice of Termination must be delivered fifty-one (51) weeks in advance of the end date of the then current term. 5. TERMINATION
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Should the Contractor i) fail or neglect to commence or execute the work described in this contract in a diligent fashion; ii) become bankrupt, insolvent, or commit any act of insolvency;
iii) abandon the work or any portion thereof agreed to herein; or iv) fail to observe and perform any of the provisions of this contract, the Municipality shall notify the Contractor in writing of the deficiency. If the Contractor fails to remedy the deficiency or modify operations to eliminate the deficiency within five (5) working days the Municipality may order the contractor to discontinue all work under the contract and the Corporation may then employ such means as deemed necessary to complete the work. In such as case the Contract shall have no claim for any loss or damages resulting from the work being taken out of control of the Contractor and the Contractor shall be responsible for all costs for loss, damage or other related costs which may be suffered by the Municipality, including any amounts in excess of the contract price. In addition to any other remedy available at law, the Municipality may recover such amounts by deducting them from any monies owing to the Contractor or by utilizing any sureties in place. If the Contractor finds it necessary to terminate the contract, the Contractor shall provide the
Municipality with notice in writing, which shall be provided a minimum of fifty-two (52) weeks in advance of said termination. The Contractor shall be responsible for any increased costs to the Municipality across the term of this Agreement in the event of early termination. In addition to any other remedy at law, the Municipality reserves the right to draw on monies owing or to utilize any sureties in place for any increased costs across the remainder of the Term of this contract that are suffered by the Municipality as a result of such cancellation. The Municipality may terminate this Agreement at any time without cause and in its sole discretion upon providing to the Contractor twenty-six (26) weeks’ written notice. Where such termination notice is given by the Municipality, the Contractor shall continue to provide the services outlined in this Agreement during the notice period. 6. PAYMENT
6.1. Payment, Generally
Charges for services under this Agreement shall be invoiced and paid as described herein and as detailed in Schedule “A” hereto.
6.2. Invoices and Documentation
The Contractor shall submit an invoice to the Municipality at the end of each month representing billing for the work done for the previous month and the tax to be charged thereupon. The invoice will contain all required data to support that the Contract has been completed.
The Contractor shall also submit documentation on a monthly basis to accompany the invoice. Documentation will include an Excel spreadsheet, in the format provided by the Municipality, which summarizes all material collected by zone and route. A copy of this unlocked spreadsheet is to be emailed to the Municipality each month.
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6.3. Delay
In the event that there is a service delay for any reason whatsoever, the Contractor shall notify the Municipality thereof by email and telephone as soon as possible. The Contractor acknowledges that such delay could result in damages, including liquidated damages against the Contractor and that such damages may be deducted from any subsequent payment to the Contractor. Time is of the essence in this Agreement.
7. INSURANCE The Contractor shall maintain the following insurance requirements: Comprehensive general liability insurance, including bodily injury and property damage liability, personal injury liability, completed operations liability, blanket contractual liability with a severability of interest and cross liability clause to a limit of no less than five million ($5,000,000) dollars in respect to any one occurrence. The above-mentioned policy shall be endorsed to include the Municipality as an Additional Insured. Automobile liability insurance to a limit of no less than five million ($5,000,000) dollars per occurrence on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. Environmental Impairment liability insurance covering the work and services described in this Agreement including coverage for loss or claims arising from contamination to third party property or bodily injury during transit. Such policy shall provide coverage for an amount not less than one million ($1,000,000.) dollars and shall remain in force for at least twelve (12) months following the completion of work under this Agreement. Professional Liability Insurance covering the work and services described in this Agreement with limits not less than Five Million Dollars ($5,000,000) per incident. The aforenoted policies of insurance shall contain or shall be subject to the following terms and conditions: i) Be written with an insurer licensed to do business in Ontario; ii) Be non-contributing with, and will apply only as primary and not excess to, any other insurance or self-insurance available to the Municipality; iii) Contain an undertaking by the insurer to notify the Municipality in writing not less than sixty (60) days before any material change in risk or cancellation of coverage. iv) Any deductible amounts shall be borne by the Contractor. v) The Contractor shall provide proof of insurance upon execution of this Agreement. Proof of insurance shall be in the form of Certificates of Insurance, in form and detail satisfactory to the Municipality, signed by an authorized representative of the insurer. The Contractor will make available the complete original copies of all applicable insurance policies for examination if required by the Municipality. vi) Certificates of Insurance evidencing renewal or replacement of policies shall be delivered to the Municipality within fifteen (15) business days prior to the expiration or replacement of the current policies, without demand by the Municipality.
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8. INDEMNITY
The Contractor shall indemnify and hold harmless the Municipality, its officers, Municipal Council, Employees and volunteers from and against any liabilities; claims; expenses; demands; losses; costs, including legal costs on a full indemnity basis; damages; and suits or proceedings by whomsoever made, arising directly or indirectly by reason of any requirements of this Agreement, save and except for loss or damage caused by the negligence of the
Municipality or its employees. The Contractor shall take due and proper precautions for the prevention of harm to its employees and other persons and property during or in consequence of the work and, should the Municipality incur, pay or be put to any loss, damages, costs, charges or expenses or claims arising out of any failure to do so, the Contractor shall repay the same to the Municipality.
9. PERFORMANCE SECURITY
If it has not already submitted the same, the Contractor is required to submit a performance security guaranteeing the full and faithful performance of the services herein. Such security shall be in the amount of 25% of the successful Proponent's year one (1) annual price and shall be in a form satisfactory to the Municipality. Such security shall be delivered to the Municipality for execution within fifteen (15) working days after the date that his agreement is executed. Acceptable forms of security include only: i) An Executed Bond issued by a bonding agency licensed to operate in the Province of Ontario and on the Municipality standard Form of Bond; or ii) An Irrevocable Letter of Credit from one or more of the chartered banks of Canada operating in Ontario in a form acceptable to the Municipality Treasurer.
The Contractor agrees that in the event of any default or overcharge under this agreement, including the Schedules thereto, the Municipality reserves, in addition to all other remedies available at law, the right to draw upon such security to recoup its costs arising from such default or overcharge.
10. SAFETY AND EQUIPMENT
The Municipality and the Contractor agree that the Municipality does not have expert knowledge of relevant safety standards and requirements. The Contractor warrants and agrees that it has the expertise, knowledge, and abilities necessary to ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. The Contractor acknowledges that the Municipality relies on the Contractor’s warranty. The Parties therefore agree that ensuring that the Work
is performed in a manner that ensures the safety of the Contractor, Equipment operators, members of the public, and public and private property is the responsibility of the Contractor under this Agreement. The parties agree that essential services provided by the Contractor under this contract include the provision of proper safety training, equipment, and supervision. The parties agree that the Contractor will ensure that its employees, subcontractors, and all other agents of the Contractor comply with all requirements of this section.
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10.1. Equipment Required
The Contractor shall supply all equipment needed to complete the services required by this contract and shall properly train employees on the safe and proper use of that equipment. 10.2. Safety Equipment Required
The Contractor shall supply all safety equipment reasonably required to provide the Work contemplated in this Agreement. This includes safety equipment required for the transport and the use of any other Equipment. 10.3. Safety Training Required
Any and all operators, employees, subcontractors, or other agents of the Contractor shall be trained in a manner that ensures that their duties are carried out safely and in compliance with relevant statutory, regulatory, professional, or other applicable standards. Said training shall include training on emergency response measures. 10.4. Contractor to Ensure Compliance
The Contractor warrants that it is aware of and will at all times ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. 10.5. Material Safety Data Sheet The Contractor will supply upon request and as applicable any appropriate Material Safety Data Sheet. 10.6. Workplace Safety and Insurance Board
The Contractor shall obtain and forward to the Municipality a letter of clearance from the
Workplace Safety and Insurance Board stating that the Contractor is in good standing with the Board. Such letter shall be obtained and provided on or shortly after the date that this
agreement is executed and annually thereafter.
10.7. Occupational Health and Safety
For clarity, and without limiting the generality of the above, the Contractor acknowledges that where, if at all, a “project” under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended, is undertaken in connection with this Agreement, it is the Constructor within the meaning of that act. The Contractor also unequivocally acknowledges that it is the “employer” under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, of the workers or agents that will fulfill the services under this agreement. The Contractor warrants that it has knowledge of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and all other health and safety regulations applicable in the Province of Ontario and that it will ensure compliance with the same throughout the term of this Agreement, including as amended, replaced, or supplemented.
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Without limiting the generality of any of the foregoing, the Contractor and any subcontractor thereof must: a) Demonstrate to the Municipality that it maintains a Health and Safety Program for the
protection of its staff and other persons that hash objectives and standards consistent with applicable legislation; and b) Ensure that workers in their employ are trained in the Workplace Hazardous Materials Information System, are aware of the hazardous substances that may occur or be in use at any place of work, and wear the appropriate personal protective equipment. 10.8. Certificate of Approval
The Contractor shall submit a copy of its Environmental Compliance Approval for its Waste
Management System as authorized and issued by the Ministry of the Environment and shall maintain such approval for the Term of this Agreement. 10.9. CVOR
The Contractor shall submit a valid Commercial Vehicle Operator’s Registration (“CVOR”) certificate for its Corporation. The CVOR certificate is to remain in good standing, meaning that the Overall Safety Rating must be satisfactory or better, for the Term of this Agreement. 10.10. Ministry of Labour Requirements The Contractor shall ensure that its employment practices, employment standards, and notices of contract comply with all relevant statutes, regulations, and requirements of the Ministry of Labour.
10.11. Accessibility for Ontarians with Disabilities Act
The Contractor shall ensure that all its employees, subcontractors, and other agents receive training in accordance with the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended, and with Ontario Regulation 191/11, made thereunder. 10.12. Spills
The Contractor will promptly report to the Municipality any spills or discharges of pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990 (“EPA”) and the regulations thereto, as amended from time to time. The Contractor shall comply with the requirements of the EPA, including all notice requirements (for example, notifying the Spills
Action Centre of the Ministry of the Environment (1-800-268-6060)).
The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s) to spills. Where appropriate, absorbent will be laid down immediately and, once
it has had the desired effect, it shall be scraped from the affected property. It is the Contractor’s responsibility to safely and properly ensure that the affected property is returned to a clean and tidy condition. Failure to respond immediately to a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for all damages arising from
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spills. 10.13. Emergency Plans
The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract.
The Contractor agrees to provide an emergency plan. The plan will detail those actions that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal operating procedures. The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their Designate. Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans. 11. MISCELLANEOUS
11.1.Notice All notices required or desired to be given to either of the Parties in connection with this Agreement as arising therefrom shall be in writing, unless otherwise specified, and shall be given by a facsimile transmission or hand delivery to an officer or director of the intended Party of Parties, at the following addresses:
MUNICIPALITY MUNICIPALITY OF BAYHAM 56169 Heritage Line, PO Box 160
Straffordville, ON N0J 1Y0 (519) 866-5521
sadams@bayham.on.ca
CONTRACTOR: NORFOLK DISPOSAL SERVICES LTD.
811 Old Highway 24 Waterford, ON N0E 1Y0 (519) 443-8022 bernie@norfolkdisposal.ca
or at such other address, facsimile number or individual as may be designated by written notice by the other party. Any notice given by personal delivery shall be conclusively deemed to have been given on the day actual delivery hereof and if given by facsimile transmission, on the business day on which it was transmitted. For purposes of this Agreement, "business day'' means the time between the hours of 8:30 a.m. to 4:30 p.m. every Monday through Friday, excluding statutory holidays recognized in the Province of Ontario.
11.2.Confidentiality
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The Contractor hereby agrees to keep confidential all confidential information received in the course of its duties under this agreement, including confidential information received
from the Municipality, except as otherwise required by law. The Contractor specifically acknowledges that the Municipality’s confidential information is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended or replaced, and the Contractor hereby attests to its knowledge of that act and the regulations thereto and affirms that it and its employees and agents shall comply with all requirements of that act and any regulations thereto. The Contractor acknowledges that with any form of information storage or transmission
there exists the risk of unauthorized disclosure. The Contractor agrees to take reasonable steps to mitigate said risks.
The Contractor specifically acknowledges that the confidentiality obligations under this Agreement shall survive the termination of this Agreement and continue indefinitely.
If the Contractor retains any Contractors of its own who will perform services under this Agreement, the Contractor shall ensure that such sub-Contractors execute a confidentiality agreement no less protective of the Municipality than this Agreement. 11.3.Changes in Law
The parties acknowledge that performance of the obligations required hereunder may be affected by changes in applicable laws of the Province of Ontario. In the event of a change in applicable legislation that results in a material impact on the performance of any act
required by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve mutually acceptable terms for the performance of acts required hereunder. If the Parties are unable to agree on the revised terms and conditions either Party may submit the dispute to arbitration in accordance with and pursuant to the provisions of the
Arbitration Act S.O. 1991, C. 17, and the arbitrator's decision shall be final and binding upon the Parties and upon their respective successors and assigns, and shall not be subject to appeal. 11.4.Non-Enforcement Does Not Constitute Waiver
No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement. 11.5.Local Conditions Investigated
The Contractor declares that it has either investigated for itself the character of the work and all local conditions that might affect the proposal or acceptance of the work, or that not having so investigated, it is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items thereof, more expensive in character or more onerous to fulfill, than was contemplated or known when the proposal was made of the Contract signed. The Contractor also declares that it did not and does not rely upon information furnished by
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any methods whatsoever, by the Municipality or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Municipality.
11.6.No Construction against drafter
Each party to this Agreement hereby acknowledges that it has been advised of its right
to engage independent legal counsel of its own selection in connection with the review and execution of this Agreement. As such, no party hereto shall be considered to be the drafter of this Agreement or any section hereof, and no presumption shall apply to any party as the “drafter.” Each party understands the advisability of seeking legal counsel and/or other professional advisors to review the Agreement, and has exercised its own judgment in this regard. 11.7.Execution by Counterpart; Electronic Signature
This Agreement may be executed in one or more counterparts and thereafter exchanged by scanned, emailed or facsimile transmission methods, each of which document, once executed, shall constitute an original thereof and all of which together shall constitute one and the same Agreement. This Agreement may be signed by way of electronic signatures, provided that such electronic signatures comply with any Municipal policies regarding the same. 11.8.Severability
If any clause of this Agreement shall be determined by a court of competent jurisdiction as illegal or unenforceable, then such clause shall be considered separate and severable from the rest of this Agreement, and the remaining provisions shall remain in full force and effect and shall continue to be binding upon the parties as though the illegal or unenforceable clause had never been included. 11.9.Assignment without Consent
Unless otherwise required under Applicable Law, neither party may assign this Agreement or any right or obligation under this Agreement without receiving the other party’s written consent in advance, which consent will not be unreasonably withheld.
11.10. Amendments in Writing
No supplement, modification, amendment, waiver, or termination of this Agreement shall be binding unless executed in writing by the Parties. 11.11. Governing Law
The validity, construction, and performance of this Agreement shall be governed by the laws of the Province of Ontario and the Law of Canada applicable therein from time to time.
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IN WITNESS WHEREOF this Agreement has been executed by the parties as of this ____ day of _______________, 2024.
SIGNED, SEALED, AND DELIVERED In the presence of ) NORFOLK DISPOSAL SERVICES LTD. ) ) ) per:_______________________________
) Name: ) Position: ) ) I/We have authority to bind the Corporation. ) )
) THE CORPORATION OF THE MUNICIPALITY OF ) BAYHAM ) ) ) per:_______________________________ ) Name:
) Position: Mayor ) ) ) per:_______________________________ ) Name: ) Position: Chief Administrative Officer
) ) I/We have authority to bind the Corporation.
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SCHEDULE “A” Curbside Collection Service Specifications and Requirements 1.0 Definitions and Interpretation 1.1 Definitions In this Schedule, unless the context otherwise requires, the following terms shall have the following meanings: 1.1.1 “Alternative Fuels” Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust emissions. 1.1.2 “Approved Garbage, Yard Material, and Fall Leaf Containers” Approved Garbage, Yard Material, and Fall Leaf Containers have the definition(s) given to them by Municipal By-Laws respecting the same, attached hereto as Appendix “A”. 1.1.3 “Collection Vehicles”
Collection vehicles means the vehicles used to collect Garbage, Yard Material, and Fall Leaves. 1.1.4 “Composting Facility “ Composting Facility means a facility that accepts Yard Materials and Fall Leaves and makes provision to remove contaminants from said materials and manually and/or mechanically compost the materials. 1.1.5 “Consumer Price Index or CPI” Consumer Price Index or CPI means the Consumer Price Index for Ontario, all items (excluding gasoline), as published by Statistics Canada or a comparable successor to such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be discontinued in its
present form. 1.1.6 “Council” Council means the Municipal Council of the Municipality of Bayham 1.1.7 “Curbside Collection Service”
Curbside Collection Service means the service that commences at the street curb in front of a residence, or another establishment (eg. business, school, etc), as specified in the Specifications. 1.2 Interpretation 1.2.1 Definitions Where the parties do not agree upon a definition herein, that disagreement shall be resolved by reference first to the definitions of the Agreement. If that does not resolve the disagreement, then the disagreement shall be resolved by reference to the definitions of RFP 12-01. If that does not resolve the disagreement, then the definition given by the Manager of Public Works or their designate shall govern.
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1.2.2 Gender/Number Words importing the singular shall include the plural and vice versa.
Words importing gender shall include all genders. 1.2.3 Headings Do Not Govern The headings contained in this Agreement are for reference only and in no way affect this Agreement. 1.2.4 “Include” Except where context otherwise requires, all instances of the word “include” and all conjugations thereof should be read as though immediately followed by the words “without limitation”. 2.0 Collection Schedule 2.1 Generally Curbside collection shall be provided in the applicable area, as defined by the relevant maps in Appendix “B” hereto, which may be amended or updated by the Municipality from time to time. Collection shall occur on the days defined by the Municipality's Waste Calendar for that year (the 2024 calendar being attached as Appendix “C” hereto), which is updated yearly and may be amended or updated by the Municipality from time to time. Materials collected shall accord with applicable by-laws and policies in force from time to time, including those appended hereto. Offloading of materials shall accord with all relevant offloading policies and procedures. 2.2 Garbage Collection
Garbage will be collected weekly.
2.3 Garbage Collection at Addresses of Bulk Bins
The Contractor will be required to collect large (6-yard and 20-yard) bins from two locations of approximately 70 residences total. In addition to these locations the
Municipality has a number of Bulk Collection sites on properties that they own, such as municipal operations centres, offices and community centres. The Contractor shall be
required to collect from other public sites and/or private sites at the Municipality’s request. Bulk bins shall be emptied by the Contractor on a weekly basis, or less
frequently as specified by the Municipality. Current bulk bin locations can be found in
Appendix “D”.
2.4 Leaf and Yard Waste Collection
Approved Leaf and Yard Materials are collected during Green Weeks as listed on the Municipality's Waste Calendar. The contractor shall provide weekly collection to
all designated areas for four (4) weeks in the spring and four (4) weeks in the Fall.
The Contractor will, in general, provide curbside collection of leaf and yard waste every spring commencing mid-April and ending the middle of May (4 weeks total). In
the fall, the Municipality notifies residents each October of the Green Weeks
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collection schedule. The start of the collection will be weather-dependent and based on seasonal effects on trees etc. Typically, the collection will commence near the third week of October with the collection of Leaf and Yard materials to be conducted
weekly for four (4) weeks. The Municipality will make reasonable efforts to promptly provide the Contractor with notice of the Fall Green Week Schedule. Residents are required to put their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week. The Contractor will have until Friday at 4:00 pm of Green
Week to collect these materials.
2.5 Bulk Material/Large Item Collection
Bulk Materials and Large Items are collected on the dates specified by the collection
calendar, being generally once a month in each of April, May, July, September, and
October. The Contractor will provide curbside collection of acceptable bulk materials
and large items, as defined by Appendix “E” hereto, as updated from time to time, in the areas as identified for Garbage Collection (the current maps being found at
Appendix “B” hereto). Residents are required to register with the Municipality for bulk
material/large item pick up. The Municipality will provide a list of properties requiring curbside bulk material/large item collection to the Contractor at least one week in
advance of the date for collection of the same and the Contractor shall service every property listed on said collection date. The Contractor shall take all reasonable
efforts to ensure that such collection is efficient and minimized expense to the
Municipality.
2.6 Statutory Holidays
For the purpose of this Contract, Statutory Holidays will be the following days:
o New Year's Day
o Family Day o Good Friday
o Easter Monday
o Victoria Day o Canada Day
o August Civic Holiday
o Labour Day o Thanksgiving Day
o Christmas Day
o Boxing Day
2.7 Holiday Schedule Accommodation
The Municipality notifies residents each year of the collection schedule for Statutory
Holidays. Those receiving the Curbside collection services are informed of the Statutory Holiday schedule through the Collection Calendar.
It is important to note that in the event of a Statutory Holiday falling within a given
week, the contractor shall make accommodations to ensure that every resident is provided curbside collection of Garbage. The contractor should make provisions to
not collect Garbage on Statutory Holidays unless alternative storage of materials collected is provided by the contractor. Such storage must be in compliance with all
applicable federal, provincial and municipal laws. In the past, the Saturday of the
week that contained the statutory holiday was used to provide this level of collection.
2.8 Hours of Work
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The contractor will conduct operations so as not to create a nuisance or disturb the
peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m.
In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the garbage unloaded at the designated landfills prior to regular closing
hours.
In the case of leaf and yard materials, each Municipal Area must be completed by 5:00 p.m. and the material unloaded at the designated processing facilities prior to
closing.
Whenever the Contractor desires to depart from the normal working hours specified above (e.g. to compensate for weather conditions), written approval from the
Manager of Public Works or their designate must be obtained. No Saturday or Sunday work will be permitted except in the case of an emergency or if directed by
the Manager of Public Works or their designate.
Whenever, in the judgment of the Manager of Public Works or their designate, it may
be necessary or expedient to do additional work from the day collection service at
night, on Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime work shall be performed by the Contractor without additional or
extra cost to the Municipality.
3.0 Contractor Requirements and General Specifications 3.1 Coordination Meetings
The Contractor shall attend such meetings with Municipality staff as may be required by the Municipality to co-ordinate services.
3.2 Innovation Clause
To ensure continuous improvement and best practices, the Contractor shall attend meetings as required by the Municipality to present and discuss proposals for
improvements to the effectiveness (percent of material being recovered), efficiency (net cost of the materials recovered), or environmental impact of the Work. Such proposals
may include the use of alternative fuels and other green fleet initiatives.
3.3 Contractor’s Base of Operation
The Contractor shall maintain an office or base of operation satisfactory to the Municipality during normal business hours (7:00 a.m. to 5:00 p.m.). The office/base of operation shall be equipped with telephones, computers (with high-speed internet and
email capability), and a fax machine. The Contractor shall staff the site during normal
business hours, Monday to Friday to receive correspondence from the Manager of Public Works or their designate regarding contracting issues and to help carry out the work and
corrective actions.
The base of operation shall have adequate parking space available to accommodate the
Page 5 of 20
parking requirements of the collection vehicle fleet and any other vehicles used in the administration of the Contract.
The Manager of Public Works or their designate may visit the Contractor's office from time to time to participate in meetings and to ensure that the facilities are adequately meeting the needs of the Contract.
The Contractor shall provide information regarding their office to the Municipality.
3.4 Collection from Private Property The Contractor will be required to enter onto private property to pick up garbage, leaf and yard waste, and bulk materials and large items. 3.5 Scavenging
The Contractor’s staff shall not scavenge materials collected through the Municipality's waste collection programs under any circumstances. 3.6 Promotion and Education
The Municipality will be responsible for the design, production and distribution of all required promotion and education materials.
The Contractor will participate in promotion and education campaigns to raise waste
reduction awareness within the Municipality. Components of the promotion and
education campaigns may include contact with the public on collection routes (e.g.
answering questions, providing information), utilization of stickers to identify garbage items placed at the curbside that are not fit for collection, etc.
3.7 Cooperation with Demonstration Projects
In the event a demonstration or pilot project is undertaken, the Municipality may suspend,
delay and/or monitor all or a portion of the Work in a defined area. The Municipality may require the Contractor’s workforce and/or equipment to participate in or operate a
demonstration project. Should the Contractor’s workforce and/or equipment be required,
the basis of payment will be determined at the time of the project by the Municipality through mutual consent with the Contractor.
The Manager of Public Works or their designate reserves the right to contract or partner with any other person, agency or firm, for the purposes of conducting any demonstration
project.
3.8 Record Keeping and Reporting Requirements
The Contractor is to maintain a comprehensive record-keeping program and submit
reports to the Manager of Public Works or their designate concerning program operations. Table 1 details the record-keeping and reporting requirements and their
respective due dates.
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Table 1: Record and Report Items
RECORD or REPORT ITEM DUE DATE
Age of Vehicles Report each time a Collection Vehicle is replaced either because it has exceeded the eight (8) year mark or due to mechanical failure.
Within fourteen (14) days of the change.
Accidents All accidents MUST be accurately documented and reported (whether minor or
major) involving the public or damage to private or public property within one (1) hour of occurrence.
Immediately (within one
(1) hour of the incident).
Damage Claims
Provide written records and copies of claims (for each occurrence) where damages
have been sustained, and as they apply to the Contract.
Within two (2) business days of receipt of the record or claim.
Mechanical or Oil Spills Report any spills to the Spills Action Centre of the Ministry of the Environment (1-800-268-6060) in addition to the Manager of Public Works or their Designate.
Immediately (within one
(1) hour of the incident).
Routine Collection Issues and Corrective Actions Notify the Municipality of corrective measures taken to resolve routine collection
issues such as missed stops, broken blue boxes/carts, etc. brought to the attention
of the Contractor by the Municipality.
End of Day or at a time
agreed by the Municipality.
Non-routine Collection Issues and Corrective Actions Notify the Municipality of all non-routine collection issues such as incomplete routes,
disagreements between a resident and a collector, etc. and the proposed corrective
measures to be taken in response to the issue.
Immediately (within one (1) hour of the incident).
Certificate of Approval of a Waste Management System
Provide evidence of a valid Certificate of Approval of a Waste Management System
throughout the Contract. Annually (September)
Resolved Claim Notification
Provide written confirmation that all claims for damages from residents were resolved
within thirty (30) days of the receipt of a claim.
30 days following the claim
4.0 Collection Vehicles 4.1 General
The Contractor is required to provide appropriate collection vehicles for the completion of the Work, as defined below. Failure to provide such collection vehicle(s) shall be
sufficient reason to declare the Contractor in default. 4.2 Age of Collection Vehicles
No collection vehicles, including spare collection vehicles, used in the performance of the Work shall exceed eight (8) years of age during the term of the Contract, except that,
if the Contractor experiences a delay in the procurement of new vehicles, vehicles aged eight (8) to ten (10) years of age may be used where the Municipality is annually
furnished with a safety certificate certifying the roadworthiness of such vehicle. Under
absolutely no circumstances shall a vehicle in excess of ten (10) years of age be used
in the performance of the Work.
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4.3 Physical and Mechanical Requirements
All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of
the materials. Collection vehicles must also be mounted on an adequate truck chassis and must be capable of loading and unloading garbage, yard materials and fall leaves at
the Curbside as well as the Landfill and composting facility.
4.4 Appearance of Collection Vehicles
It is expected the collection vehicles will be maintained in a rust-free condition for the duration of the contract. Throughout the contract, the Municipality will require the
Contractor to re-paint any or all collection vehicles not in a rust-free condition at the
Contractor's expense.
The Contractor will not carry advertising on the collection vehicles. Waste management
messages may be promoted on the collection vehicles with the approval of the Manager
of Public Works or their designate.
Collection vehicles shall be freshly painted and display the Contractor's name and logo. The Contractor is required to arrange and supply all labour as necessary to paint the
collection vehicles.
The Contractor shall ensure that each collection vehicle displays a four (4) digit identification number of sufficient size to be easily identified on the front, rear and sides.
The last two (2) digits of the identification number shall represent the year the collection vehicle was manufactured. Any additional collection vehicles which may be required
during the contract will also require a similar system of numbering.
The Contractor shall at their own expense arrange for the exterior of all collection vehicles to be washed a minimum of once a week or as directed by the Manager of Public Works or their designate. The Contractor shall also disinfect the inside and outside of the
collection vehicles on a regular basis or as directed by the Manager of Public Works or
their designate so as not to cause any offensive odours.
4.5 Daily Supply of Collection Vehicles
The Contractor shall license, operate and maintain at all times, a sufficient number of
collection vehicles to properly maintain the standard of service provided for in the contract.
The Contractor is fully responsible for determining and providing the number of collection vehicles required to perform 100% of each day's collection within the designated times. In the event of equipment breakdown, the Contractor shall supply without unreasonable
delay sufficient alternative equipment to complete the work in accordance with the terms of the contract.
If in the opinion of the Manager of Public Works or their designate, the Contractor does not have adequate collection vehicles to properly provide service in accordance with this
contract(s), the Manager of Public Works or their designate has the right to require the
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Contractor to increase its number of collection vehicles to ensure that the performance is in accordance with the terms of the contract. The Contractor shall comply with the direction and shall not be entitled to additional compensation over and above the contract
unit prices as a result of any requirements for these additional collection vehicles.
The Contractor shall have access to a sufficient number of spare collection vehicles to dedicate to this contract to ensure that in the event of a breakdown, the collection continues to be performed in accordance with the terms of the contract. The Contractor shall have access to at least one (1) spare garbage collection vehicle that can attend the
Work without unreasonable delay.
4.6 Maintenance of Collection Vehicles
Collection vehicles must be maintained in an exemplary condition and on a regular basis. The Contractor is responsible for the maintenance, repairs and operating costs of the
collection vehicles including fuel, lubrication, licensing, insurance, washing and storage.
The Contractor will maintain a record of all maintenance services performed on the
collection vehicles and shall forward a copy of the record to the Municipality if requested.
The collection vehicles are to be properly constructed and maintained to eliminate the depositing of debris onto the street during collection and while traveling to the Material
Recovery Facility and or to the Landfill or composting sites. Any collection vehicle found
to be depositing debris as a malfunction of the vehicle shall be removed immediately from performing the work.
The Contractor shall promptly repair all body damage such as scratches and dents to the satisfaction of the Municipality.
The Contractor shall make every reasonable effort to ensure collection vehicles are
empty of Materials at the end of the day.
The Municipality reserves the right to have any collection vehicle it deems not mechanically sound, clean or properly labelled removed from the work until such time as
the collection vehicle is deemed mechanically sound, clean and properly labelled.
4.7 Additional Equipment for Collection Vehicle
Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage bags for the purpose of cleaning up any debris that has spilled while performing
the work.
Each collection vehicle will also be equipped with a spill kit that shall include absorbent material in the event of an oil, fuel, or hazardous material spill and a mat for the purpose
of covering storm and sanitary sewers covers/ catch basins in order to prevent spills to these locations.
All collection vehicles must be fitted with all necessary safety devices, which shall be maintained in good repair at the Contractor’s sole expense and which shall include a two-way radio, a fire extinguisher, a first aid kit, and reflective safety vests.
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5.0 Staffing 5.1 Contract Supervision by the Contractor
The Municipality will be provided, to the satisfaction of the Manager of Public Works or their designate, with the email addresses and telephone numbers of the Contractor's
representatives, who may be contacted at any time, 24 hours per day, 7 days per week, on matters relating to this contract and who shall have overall responsibility for the
contract. Email accounts must be checked, at a minimum, twice per day, Monday to
Saturday. This does not eliminate the need for such representatives to receive routine emails, telephone calls, and work orders throughout the day.
5.2 Route Supervisor(s)
The Contractor must have on duty on all collection days a qualified supervisor to ensure courteous, prompt and efficient service. The route supervisor(s) will be available during
all hours the trucks are carrying out the work to receive and address complaints or concerns. The supervisor(s) must have a vehicle that is capable of picking up material
missed by any of the collection vehicle operators. The route supervisor(s) will be equipped with handheld devices which are capable of both telephone and email communication.
5.3 Customer Service Standards
Employees shall be polite, courteous and respectful towards the public and Municipal staff at all times. The Contractor shall employ for this work, only competent and skillful workers. The Contractor shall ensure that a high standard of service, courtesy and consideration is exhibited in all of its dealings with residents, visitors and the general
public. The Contractor shall conduct all of its operations, including its administrative
functions, with the utmost regard for enhancing public relations and for upholding and
maintaining the positive public image of the Municipality.
Specifically, the Contractor shall ensure that:
a) workers comply with the collection stipulations outlined for the collection contract;
and b) workers are well informed of the customer service standards expected of them,
including:
i) to be professional in attitude and appearance; and
ii) applicable codes of conduct and/or personnel policies.
5.4 Customer Service Training
All staff retained by the Contractor for this contract shall have appropriate, specialized training to ensure that they behave at all times in a polite, courteous and respectful
manner while fulfilling their duties. The Contractor will use this training to help prevent
any of the following incidents from occurring:
a) Staff in possession of or under the influence of alcohol, illegal narcotics or
controlled substances;
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b) unsafe practices; c) use of foul, profane, vulgar or obscene language; d) exhibiting behavior that may reasonably be considered offensive or unacceptable
customer service; e) solicitation of gratuities or tips from the public for services performed under the contract; f) refusal to collect and, or handle material placed out for collection in accordance
with the contract;
g) deliberate or reckless destruction of private or public property; h) deliberate or reckless scattering, spilling, or disposal of collectable materials,
non-collectable items, or collection containers that have been set out by program
participants;
i) provision of any collection service by an employee who is not wearing an easily
identifiable, neat, and clean uniform;
j) scavenging; and
k) collection of materials such as garbage that is not properly tagged.
The Manager of Public Works or their designate may bring, to the attention of the
Contractor, employee performance issues or any of the obligations under the contract or assess Liquidated Damages as noted in the Special Provisions where the Manager of
Public Works or their designate, in his or her sole discretion, considers that any of the
above incidents have occurred. The Contractor acknowledges that the occurrence of the above results in damages to the Municipality, including harm to the reputation of the
Municipality.
5.5 Personnel Listing
The Contractor shall provide the Manager of Public Works or their designate with a list of management and supervisory positions, including names of persons involved in the
Collection Program operations, one (1) month prior to start-up and whenever there are changes to the list due to changes in personnel or the addition or deletion of positions.
Included in the personnel listings will be the telephone numbers and email addresses for
all administrative and supervisory staff that will be in contact with the Municipality. 5.6 Code of Conduct
The Contractor shall ensure that all of its employees, subcontractors, or other agents are
held to standards that meet or exceed all employee obligations relating to non-violence, civil conduct, and customer service found within the Personnel Policy, attached hereto
as Appendix “F”.
6.0 Collection Program Specifications 6.1 Collection Service – Garbage, Leaf and Yard Material Collection Service
Garbage
Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of bulky item garbage (oversized items and furniture) is not accepted
during routine garbage collection. The municipality utilizes "bag tags" to promote
waste reduction while providing flexibility. No garbage should be collected that is not
properly exhibiting a "bag tag" for the current year. If garbage is placed at curbside
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utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the bag tag.
The container limit for the Municipality shall be indicated yearly to the Contractor.
Several materials are banned from Curbside collection, including bulky items, appliances, construction and demolition materials and electronics. The Contractor
must ensure materials collected comply with the permitted materials for collection and, if
materials set out do not comply, the Contractor shall leave an information tag on the
materials explaining the refusal to collect.
Table 2: Garbage set out Requirements
Garbage: Acceptable Containers
• garbage bags
• garbage cans • 40 pounds maximum weight
Exceptions No
Bulky items permitted at curbside during
routine garbage collection No
Leaf and Yard Materials
There is no limit to the amount of leaf and yard materials that can be set out. Individual containers must weigh less than 22 kilograms (44 pounds) to be collected.
Table 3: Leaf and Yard acceptable containers
Container Options
Plastic Bags No
Compostable 'plastic- style' bags No
Paper Bags Yes
Reusable Containers (e.g. garbage cans) Yes
The Contractor must ensure that containers and materials collected comply with the
permitted containers and materials for collection and, if containers or materials set
out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect.
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6.2 Bulk Material/Large Item Collection Service Bulk Material or Large Items may be placed in bags or garbage cans or may be placed
“as-is”, where it is hygienic to do so, at the curbside for collection. Materials eligible for bulk material/large item curbside collection are specified in Appendix “E” hereto. The Contractor must ensure materials collected comply with the permitted materials for collection and, if materials set out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect. 6.3 Adding/Replacing Materials to Collect
The Municipality has the right to amend the definition of "garbage", "rubbish", ''waste", "non- collectibles” and related items at any time during the term of this contract. A change
in the definition shall be evidenced in writing with at least thirty (30) days' notice prior to the effective date of such change by the Manager of Public Works or their designate to the Contractor.
It shall be the responsibility of the Municipality to advise its residents within the collection area of any changes to the items that can be set out for collection under this paragraph
and the effective date of the change. The Contractor shall, upon the effective date of the
change in the definition of any type of collectibles under the terms of this agreement,
amend its collection practice to comply with new definitions.
If there is a change of 25% or more in the quantity of total garbage collected in two (2) consecutive years, or at a reduced time frame if approved by the Manager of Public
Works or their designate, this may form the basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive
years of decreases, and not one year of increase and one of decrease.
If there is a change of 50% or more in the quantity of total leaf and yard material collection in two (2) consecutive years, or at a reduced time frame if approved by the Manager of
Public Works or their designate, this may form the basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive
years of decreases, and not one year of increase and one of decrease.
The Contractor acknowledges that:
a) That government legislation or regulations may change, which may require the
Municipality to take responsibility for routine recycling or compost pick up within
the Municipality; and
b) That other significant changes to curbside pick up programs not covered in the Contract may also be entertained by the Municipality from time to time.
The Contractor agrees that should the Municipality wish to add materials to the Collection Programs or make significant changes to the programs as noted above, they shall
speedily negotiate with the Municipality to determine the terms, if any, under which the
Contractor shall begin collection of these materials or implement the other significant changes.
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6.4 Waste Collection By-Law
Complete details on the collection rules for residential and businesses may be provided by Municipal Waste and Resource Materials Collections By-laws in force from time to
time throughout the term of this contract (see Appendix “A”).
6.5 Collection Locations and Numbers
The total number of locations to be served through the collection services at the start of the contract is estimated below. These numbers include residential stops, businesses,
non-profit organizations, municipal facilities and schools that may participate in the
collection program.
Table 4: Number of Collection Stops
Urban Household 1,417
Rural Household 1,534
Stops in Town Centres Included in Urban Centres above
Other stops (schools,
churches, gas
stations, etc)
Included above
These numbers should be taken as a base or estimate of the number of stops to be served by the Contractor. The Contractor will be required to continually add stops as new
communities grow.
7.0 General Operating Details for Collection 7.1 Garbage. Yard Materials and Fall Leaf Program
At a minimum, the method of collection:
a) must be collected with a packer collection vehicle; b) must be fully capable of collecting garbage and Leaf and Yard Materials and
in the acceptable containers identified herein;
c) must collect all material stipulated in the signed contract; d) must ensure that when collecting from garbage cans, collection crews:
i) place any garbage can(s) lid(s) beside the location where the garbage can(s) are found; and
ii) return the garbage can(s) to approximately the same location in which
they were found prior to collection, in an upside-down position; e) must collect items at the curbside or roadside of a public roadway in approved
containers; f) cause the least possible disruption and inconvenience to vehicular traffic,
pedestrian traffic and residences and, or businesses;
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g) must ensure collected material is transported directly to the designated disposal site. 7.2 Information Line
Municipality staff will generally forward service requests prompted by calls or emails
to the Municipality on to the Contractor.
The Municipality may operate a complaint and information line during regular
business hours. Through discussion with the callers, the Municipality may respond to simple queries, provide directions to end-users, or determine that further
investigation by the Contractor is required. For example, in cases where the materials were not placed in the appropriate location by the prescribed collection
start time, the caller will be instructed to store their materials until the next collection
day. Calls that require action by the Contractor (e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to the route supervisor
for immediate action.
7.3 Returning Containers after Emptying
All garbage cans used to set out materials will be replaced in approximately the same location in which they were found prior to collection, but in no case shall they be
replaced on the traveled portion of the road, driveway, parking lot or the pedestrian
portion of the sidewalk. Containers will be returned in an upside-down position and,
at no point, be placed as to block a driveway to a residence or business. Care shall be used not to damage the containers during collection.
7.4 Contractor Not to Collect
The Contractor is not required to collect Garbage, Leaf and Yard Materials that:
a) Are not set out in accordance with the Waste Collection By-Law (s) (see
Appendix “A”); or
b) Present a health risk to the collector (e.g. broken glass, hazardous material,
bee/wasp problems) bags that are estimated to contain more than minimal
amount of non-collectable materials.
The Municipality may provide the Contractor with information stickers which will advise program participants of the reasons that the material set out has not been
collected.
Under no circumstance will the Contractor provide written information to program participants that has not been approved and supplied by the Municipality.
7.5 Reporting of Non-Collectable Incidents and Use of Information Stickers Level 1: Routine
The Contractor shall not be required to record addresses for the routine use of
information stickers. Routine use includes:
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a) non-compliant material left behind
b) oversized container
c) overweight container
d) material not properly streamed, where streaming is required (recycling only)
e) Garbage not properly tagged with current years tags (if applicable).
f) cardboard boxes not broken down or oversized cardboard {recycling only)
Level 2: Hazardous
When a set-out presents a potential health risk to the collector or residents the Contractor will notify the Municipality immediately (i.e. within one (1) hour) of the nature of the
problem, including any and all information required to ensure the safety of Municipal staff
who may investigate the problem; the address at which the problem was encountered; and any other pertinent information.
7.6 Missed Collection Stops by the Contractor and Late Set Outs by Residents
If the Contractor misses one or more collection stops or part of a collection route or is asked to return for a late set-out, he or she will make every reasonable effort to collect
the missed set-out or late set-out on the same collection day. If this is not possible, the
missed or late set out will be collected on the following working day before 9 a.m. Liquidated Damages may apply for missed collections.
7.7 Spillage and Litter
The Contractor is required to clean-up spillage and loose materials resulting from the work. The Contractor will not leave or deposit any material on any portion of the street,
sidewalk, boulevard, or other private or public property.
7.8 Mechanical or Oil Spills
The Contractor will promptly report to the Municipality any spills or discharges of
pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990
(EPA) and the regulations thereto, as amended from time to time. The Contractor shall
comply with the requirements of the EPA, including all notice requirements (Ex. notifying the Spills Action Centre of the Ministry of the Environment (1-800-268-6060)).
Where a spill occurs, in addition to the above requirements, any collection vehicles being operated in the area shall cease operation until the Contractor's Supervisor arrives on
site.
The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s) to spills. Where appropriate, absorbent will be laid down immediately and,
once it has had the desired effect, it shall be scraped from the affected property. It is the
Contractor’s responsibility to safely and properly ensure that the affected property is
returned to a clean and tidy condition. Failure to respond immediately to a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for
all damages arising from spills.
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If necessary, at the Municipality's discretion, a power wash and/or blacktopping will be utilized, at the contractor's expense. 7.9 Labour Dispute Contingency and Emergency Plans
The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract.
The Contractor agrees to provide an emergency plan. The plan will detail those actions
that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal
operating procedures.
The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their designate.
Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans.
8.0 Processing and Disposal Locations 8.1 Location of Landfill Sites
All garbage, including bulk materials and large items, shall be delivered by the
Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public Works.
The Contractor shall bear all charges for tipping waste under this contract, except for any such charges specifically contemplated in RFP 12-01 (being Schedule “B” to the
Agreement) and the submission of the Contractor in response thereto (being
Appendix “H” hereto). 8.2 Location of Composting Site for Leaf and Yard Materials All curbside leaf and yard materials shall be delivered by the Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public
Works.
8.3 Audits and Inspections
At any time during each month of the contract, the Manager of Public Works or their designate may:
a) Conduct periodic waste audits of the material being collected to determine
the amount of non-compliant material being set out at the curbside.
b) Survey any of the Contractor's collection vehicles during collection to
ensure the Contractor's collection vehicles and the method of collection
comply with the requirements of the contract and any other legislation.
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c) Conduct audits on the incoming loads from vehicles to ensure that
residual levels are at an acceptable level. The audits shall be completed at the discretion of the Manager of Public Works or their designate and
the load(s) selected for the audit(s) will be inspected by an auditor designated by the Manager of Public Works or their designate to determine the actual contamination rate for the particular calendar month. If the contamination rate is greater than the allowable rate
specified in the RFP, the Successful Contractor will pay for the cost of
the audit. 8.4 Special Provisions The Contractor acknowledges that the Municipality will experience increased administrative and operational costs in the event of the Contractor’s non-performance or poor performance of its contractual obligations. Accordingly, the parties agree that in view of the difficulty of ascertaining the actual losses that the Municipality will suffer by reason of the non-performance or poor performance of the Contractor’s contractual obligations, and in view of the fact that the accumulated effect of repeated incidents of non- performance or poor performance will increase costs to the Municipality, the parties hereby agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said non-performance or poor performance, and not as a penalty, the amounts as set out in section 8.5, below. The Municipality will assess liquidated damages for each instance of non-performance of poor performance identified below. The Municipality may deduct and retain the amounts of such liquidated damages out of the monies that may be due or become due to the Contractor under the Contract, i.e. deduction from the monthly invoice. The Manager of Public Works or their designate, at their sole discretion, may determine whether liquidated damages are to be applied. The Contractor agrees to abide by the schedule of Liquidated Damages. The Contractor shall pay the Municipality the indicated amount per incidence of non-performance or poor performance on a monthly basis. Annually the number of incidences shall be accumulated. At the end of each fiscal year the number of accumulated incidences will reset to zero. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated damages shall not prevent the Municipality from recovering from the Contractor the amount of any damages incurred by the Municipality over and above the amount of the liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures taken to ensure that the work is completed).
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8.5 Schedule of Liquidated Damages
Example Reference Section Incident Liquidated Damages
3.6 Failure to perform collections within specified hours of work $100 / day, per route
3.6 and
3.1
Failure to complete the day's
work (i.e. work carried over to the
following day and/or 15 or more residential units missed).
$500 / route
$1,000 / route on the
2nd
consecutive collection day
$2,000 / route on the
3rd
consecutive collection day
4.8 Failure to meet the Record Keeping and Reporting requirements. $500 / incident
7.5
Using vehicles dedicated to use
under this Contract Agreement to collect waste material from a
Private Account or making
collections at other locations not
approved by the Municipality.
$1,500 / Truck, per incident
6.3 Failure to meet the Customer Service Standards. $100 / incident
8.4 and 8.5 Failure to meet the Health and Safety Standards
$500 I truck on the 1st
incident
$1,000 / truck on the 2nd
incident
$1,500 / Truck on the 3rd incident
6.2
Failure to respond to complaints as directed by the Manager of Public Works or their designate (e.g. replace damaged blue box).
$100 / incident
8.6 and 8.7
Failure to return for Missed
Collection as directed by the
Director of Physical Services or
their Designate for less than15
residential units missed per day.
$100 / incident
8.5 Failure to meet the General
Operating Details for Collection. $100 / incident
Appendix “G”
Failure to follow Off Loading Procedures at the Material Recover Facility,
Landfill or Composting Facility.
$100 / incident
8.5
Failure to meet the Residue Management requirements. $500 / load
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8.6 Payment, Taxes, Inflation and Fuel Adjustments 8.6.1 Payment 8.6.1.1 Garbage, Bulk Bin, Yard Materials and Fall Leaf Collection; Inflation and Fuel Adjustments to be Applied
The Contractor shall be entitled to receive monthly payments for Garbage and Yard Materials and Fall Leaf collection services actually rendered, to be calculated using the formulas found in RFP 12-01, attached as Schedule “B” to this Agreement, as applied to the base rates submitted by Norfolk Disposal in response thereto, attached as Appendix “H” to this Schedule. For clarity, the formulas to be used to calculate such payment include the Inflation and Fuel Adjustment formulas in RFP 12-01. 8.6.1.2 Bulk Materials and Large Item Pick Up The Contractor shall be entitled to receive monthly payments for Bulk Materials and Large Item Pick Up services actually rendered at a rate equal to the sum of: a) The tonnage cost, which will be at the same rate as the rate for the
garbage covered by s. 8.6.1.1 herein; and
b) $150.00 per hour per truck of service provided, which rate shall be
inclusive of all costs and fees except for tax.
8.6.2 Taxes
Except where otherwise specified, taxes shall be applied as an extra charge upon any other service charge invoiced in accordance with the payment terms herein. It shall be the responsibility of the Municipality to pay such taxes to the Contractor. The Municipality shall in no event be responsible for the tax obligations or liabilities of the Contractor. 8.7 Per Stop or Unit Cost for Contract Additions/ Deletions The Contractor, upon notification, will assume the responsibility for collection services as soon as any new homes, buildings, subdivisions, businesses are ready for service as determined by the Municipality. Annually, the number of stops for the upcoming year will be adjusted based on the permits for new home construction or demolition for the previous year. 8.8 Monies Due to the Municipality In the event that there are any monies payable to the Municipality by the Contractor under the terms of this Contract, such monies shall be deducted from and retained out of any monies due from the Municipality to the Contractor or may be recovered from the Contractor or the Contractor's surety pursuant to the performance bond as a debt due to the Municipality. 8.9 Contractor Obligated to Pay Its Agents
Page 20 of 20
When payment is made to the Contractor, they shall promptly pay to every subcontractor employed any amount properly due such subcontractor on account of Work covered by the Contract.
The Municipality shall not be liable for, or be held to pay, any money to the Contractor except as provided above, and on making the complete payment aforesaid, the Municipality shall be released from all claim or liability to the Contractor for anything done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality relating to the Work, except the claim against the Municipality of the remainder, if any, of the amounts kept or retained as provided above. 8.10 Interest The Contractor shall not be entitled to any interest upon any bill for extra work on account of delay in its approval by the Manager of Public Works or their designate. 8.11 Disputes In cases of disputes as to whether or not the service submitted meets the conditions in
the accepted proposal, the decision of the Municipality’s Manager of Public Works or their designate shall be final and binding on all parties.
APPENDICES TO SCHEDULE “A”
TABLE OF CONTENTS
APPENDIX A – Waste Collection By-Law
APPENDIX B – Maps
APPENDIX C – Service Schedules/ Waste Calendar
APPENDIX D – Bulk Bin Garbage Collection Locations
APPENDIX E - Bulk Materials Accepted
APPENDIX F – Personnel Policy
APPENDIX G – Offloading Procedures
APPENDIX H – 2012 Norfolk Disposal Services Ltd. RFP Submission
APPENDIX “A”
Municipal Waste Collection By-Law
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal By-law No. 2017-021
of the Municipality of Bayham, attached hereto are the set fines for those
offences. This Order is to take effect September 8th , 2017.
Dated at London this 8th day of September, 2017.
Stephen J. Fuerth
Regional Senior Justice
West Region
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
ITEM
1.
2.
3.
COLUMN 1
Short Form Wording
Throw Refuse or Debris on Land without Consent
Place Refuse or Debris on Land without Consent
Deposit Refuse or Debris on Land without Consent
4. Permit Refuse or Debris to be Thrown on Land without
Consent
5.
6.
7.
8.
Permit Refuse or Debris to be Placed on Land without
Consent
Permit Refuse or Debris to be Deposited on Land without
Consent
Fail to Remove Recyclable Waste within Permitted Time
Fail to Remove Waste within Permitted Time
COLUMN 2
Provision Creating or Defining
Offence
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.2
s. 2.2
COLUMN 3
Set Fine
125.00
125.00
125.00
125.00
125.00
125.00
85.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
ITEM
9.
10.
11.
12.
13.
14.
15.
16.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
COLUMN 1
Short Form Wording
Fail to Remove Containers or Receptacles Used for
Refuse or Debris within Permitted Time
Set Out Recyclable Waste Prior to Permitted Time
Set Out Waste Prior to Permitted Time
Set Out Containers or Receptacles for Refuse or Debris
Prior to Permitted Time
Fail to Retrieve Uncollected Refuse or Debris Within
Permitted Time
Set Out Unpermitted Waste -Not Generated in Municipality
Set Out Unpermitted Waste -Not Generated on Site
Set Out Plastic Bag for Collection -No Correct Garbage Tag
COLUMN 2
Provision Creating or Defining
Offence
S. 2.2
S. 2.3
S. 2.3
S. 2.3
S. 2.4
S. 3.6
S. 3.7
S. 5.1
COLUMN 3
Set Fine
85.00
85.00
85.00
85.00
85.00
125.00
125.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
ITEM
17.
18.
19.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
COLUMN 1
Short Form Wording
Set Out Plastic Bag for Collection -Garbage Tag Not Properly
Affixed
Set Out Container of Non-Recyclable Garbage
No Correct Garbage Tag
Set Out Container of Non-Recyclable Garbage
Garbage Tag Not Properly Affixed
COLUMN 2
Provision Creating or Defining
Offence
s. 5.1
S. 5.2
S. 5.2
COLUMN 3
Set Fine
85.00
85.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
APPENDIX “B” Maps
APPENDIX “C”
Garbage, Leaf & Yard Waste, and Bulk Material/Large Item Collection Calendars for 2024
Household Waste Collection – Norfolk
Handling
519-443-8022
Blue Box Recycling – McQ Handling Inc.
519-425-4951
NOTE:
All waste should be set out to the curb by no
later than 7 am on the morning of your
collection day.
2024 Waste Management Schedule
Blue Box Recycling & Household Waste Collection Schedule & Map
2024 Christmas Holiday Schedule – Pickup: Area 1 – Dec. 24th, Area 2 – Dec. 26th, Area 3 – Dec 27th
OTHER HOUSEHOLD ITEMS SUGGESTED DROP OFF LOCATIONS **
Large Household Items Norfolk Disposal (Waterford 1- 800-616-0347), Green Valley Recycling
(London 519-681-0606), Try Recycling (London 519-457-1666)
Batteries: Automotive & Agriculture Canadian Tire, Bestway Auto Supply (Aylmer), Battery Supply (Aylmer),
Rob’s Scrap Removal (Straffordville 226-970-1999)
Batteries: Residential (single-use) Bestway Auto Supply, Canadian Tire, Staples, Lowe’s, The Source, Rona
(St Thomas), Rob’s Scrap Removal (Straffordville 226-970-1999)
Electronics: Computers, printers, fax machines, cell
phones, tablets, etc
Local Community Groups’ Collection Events, Staples, The Source, Station
Arts Ctr (Tillsonburg), Rob’s Scrap Removal (Straffordville 226-970-1999)
Metals (steel, aluminum etc), Appliances w/ FREON Rob’s Scrap Removal (Straffordville 226-970-1999)
Ink cartridges, toners etc. Staples, The Source
Light Bulbs: Low-energy, compact fluorescent (CFL) Rona, Lowe’s
Medications, sharps, (in proper sharps container) All Pharmacy/Drug Stores (Please contact your local Pharmacy)
Oil: Automotive Canadian Tire (Tillsonburg only)
Paint (residential only – liquid) Rona (All), Home Hardware (Tillsonburg only), Nu Décor (Tillsonburg)
Propane Tanks Aylmer Propane & Natural Gas (Aylmer), Dodsley Fuels (Tillsonburg)
Tires Aylmer Tire Craft, Dagg’s Tires (Aylmer), M&J Tire Craft (Tillsonburg),
Tillsonburg Tire
**All items being accepted at the above locations are subject to change. Please call locations to confirm acceptance.
Bins located behind the Port Burwell Fire Hall are for Steel and Electronics ONLY. NO OTHER WASTE IS PERMITTED.
WASTE COLLECTION INFORMATION
Recycling Blue Box Collection
Circular Materials Ontario is responsible through a contract with Norfolk Disposal for residential curbside recycling
collection. For any recycling service inquiries please contact Norfolk Disposal directly at 1-800-616-0347
All recyclables should be set out to the curb by no later than 7 a.m. the morning of your collection day.
Recyclables will be collected the same day as household garbage, as per the schedule on the front of this flyer.
Recyclables must be separated into “2 streams”- glass/plastics separated from paper/cardboard.
Household Garbage Collection
The Municipality of Bayham is responsible through a contract with Norfolk Disposal for curbside garbage collection.
Garbage includes: all kitchen and table waste, of animal or vegetable origin, resulting from the preparation or
consumption of food
Any garbage as a result of day-to-day living, excluding recyclables and hazardous wastes
Garbage Collection Requirements
All bags are to be tagged with a current year tag and placed at the curb by 7:00 a.m. the morning of your
collection day.
Regular Household Garbage will be collected as per the schedule on the front of this flyer.
Garbage must be placed in a container or securely tied plastic bag having a capacity of not more than .08
cubic metres (2.75 cubic feet), and composed of material not less than 1.4 mil gauge.
Garbage containers must have a total weight, when full, of not more than 18 kilograms (40 pounds).
Any number of bags/containers may be placed curbside each week. Each bag must have a current year
Bayham garbage tag affixed so that it is clearly visible for pickup. Do not wrap tag around the neck of the
bag, but affix flat so that the whole tag is visible. (No partial tags will be accepted)
If using a container, garbage must not be loose and must have a current year Bayham garbage tag affixed
to the top item inside the container visible for pickup. Do not affix the tag to the container/lid.
For the 2024 program, landowners are being supplied 52 tags for each eligible residential unit and 86 tags
for each eligible commercial unit. Additional tags may be purchased at a cost of $2.00 per tag. Agricultural
properties – those with a valid farming business registration number – are able to obtain an additional 16
tags for 2024 upon verification of the farm tax class at the municipal office.
2024 Urban Area Leaf and Yard Waste Pickup
For 2024 leaf and yard waste will be collected curbside within the following urban areas:
Calton Corinth Eden Port Burwell Richmond Straffordville Vienna
The 2024 Urban Leaf and Yard Waste collection will be carried out on Mondays over a four (4) week period
in both the spring and fall 2024 on the following dates:
Spring Program – Mondays April 29, May 6, 13 and Tuesday May 21, 2024 (no pickup Monday, May 20)
Fall Program – Mondays October 21, 28 and November 4, 11, 2024
Ensure your leaf/yard waste is placed at the curbside by 7:00 am on Monday each week. Each of the above
areas receives a minimum of one pickup per week. Pickup will not necessarily occur on your regular waste
collection day. All leaf/yard waste must be placed in paper bags, open reusable containers, or bundled in lengths
not exceeding four (4) feet. All individual containers must weigh less than 18 kilograms (40 pounds).
See website: www.bayham.on.ca for details throughout the year.
Curbside Bulk Item Pick-Up
The program will be offered during the following months in 2024 – April, May, July, September and
October. Registration through the online form with a fee is required. More details on the types of items that can be
picked up on the municipal website: www.bayham.on.ca/pages/curbside-bulk-garbage-pick-up-program
APPENDIX “D”
Bulk Bin Garbage Collection Locations
LOCATION BIN SIZE(S) COLLECTION FREQUENCY
Straffordville Public Works Building –
8354 Plank Rd, Straffordville 20 yard covered bin Weekly
Port Burwell Wastewater Treatment
Plant – 1 Chatham St., Port Burwell Two 6 yard covered bins Weekly
APPENDIX “E” Bulk Materials Accepted
APPENDIX “E” Curbside Bulk Material/Large Item Pick-Up Program Acceptable Item List
ACCEPTABLE HOUSEHOLD ITEMS
Fixtures • Bathtubs
• Toilets
• Sinks
Furniture • Sofas
• Couches
• Desks
• Chairs
• Tables
• Patio furniture
• Bedsprings
• Mattresses
• Bed frames
Appliances • Refrigerators
• Air
Conditioners
• Dehumidifiers
• Freezers
• Dishwashers
• Washing Machines
• Dryers
All Freon type appliances
require an Ozone Depletion Prevention Tag attached in order to be collected.
Carpet • Rugs
• Pool Covers
• Carpet
All Carpet, Rugs, Pool Covers need to be tied to a maximum of 4ft. by 2 ft.
Odd Items • BBQ
• Hot water
Heaters
• Bicycles
Propane tanks need to be
removed before pickup
NOT ACCEPTABLE HOUSEHOLD ITEMS
No Business, Commercial, Agricultural and Construction Material.
Small Items Loose refuse and rubbish waste
Construction Material • Wood, lumber products, Fencing, Decking, Drywall
• Masonry Products
• Refuse from building repairs
• Glass, Windows, Doors
• Stone, Concrete, Asphalt,
Organic Material • Trees, Stumps, Leaves, Branches, Animal Carcasses, Feces Agricultural Waste • Fencing, crates, Skids, Plastic Material, Spray
Containers Farm Equipment and Parts
Automotive equipment and Parts
Liquid Waste • Oils, Gas, Propane tanks, Fertilizers pesticides or any Hazardous Waste Drums, Fire Barrels
Electronics
Tires
Recyclables • Glass Jars,
• Paper
• Cardboard
APPENDIX “F” Personnel Policy
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-015
BEING A BY-LAW TO
ADOPT A PERSONNEL POLICY MANUAL
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with 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 Council of the Corporation of the Municipality of Bayham deems it
further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting
the required ethical and legal requirements for all Employees of the Municipality;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Bayham enacts as follows:
1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule
“A” be adopted;
2. THAT By-Law No. 2021-005 is hereby repealed in its entirety;
3. THAT this by-law shall take force and effect March 3, 2022.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF
MARCH 2022.
____________________________ _____________________________
MAYOR CLERK
MUNICIPALITY OF
BAYHAM
PERSONNEL POLICY
MANUAL
2
PART ONE:
INTRODUCTION
3
SECTION 1 – ABOUT THIS MANUAL
1.1 The Municipality of Bayham is referred to as the Municipality throughout this handbook.
All the policies in this manual apply to all employees of the Municipality (including
parttime, seasonal, students, etc.), unless specifically excluded in the scope section of a
policy. For union employees this policy manual applies except where the collective
agreement overrides (has provisions).
1.2 The Municipality, through the CAO|Clerk, reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAO|Clerk will provide a summary of changes annually to Council in a year in which changes occur.
1.3 If there is a conflict between a policy and an applicable government statute, the statute
prevails.
1.4 This manual does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment.
1.5 This manual attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this
manual. If you have an issue not addressed in this manual, please talk to your supervisor or the CAO|Clerk.
1.6 The Municipality has taken great care in preparing this manual but realizes that errors
and omissions do occur. If you find any spelling, grammatical or other mistakes, please
report these to the CAO|Clerk.
1.7 All employees are required to be aware of and comply with applicable policies contained in this manual.
1.8 Failure to comply with policies in this manual could result in disciplinary action, as
outlined in the Progressive and Corrective Discipline Policy.
1.9 If you are unsure of the application of any policy in this manual, please contact the CAO|Clerk for clarification.
1.10 All employees will be given access to a digital copy of this manual when presented with an offer of employment, before starting. All employees are required to sign the
acknowledgement form at the beginning of this manual before starting.
4
1.11 It is the practice of the Municipality to ask all employees to sign an acknowledgement
each year in which changes occur.
SECTION 2 – ACKNOWLEDGEMENT FORM
2.1 I have received a copy of the Municipality of Bayham Personnel Policy Manual and I
have read and understood the information.
2.2 Management has answered questions to my satisfaction. I understand that, while an
employee of the Municipality of Bayham, I am bound to abide by all policies and
procedures set forth in this manual.
2.3 I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action.
2.4 I also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes.
2.5 It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham Personnel Policy Manual.
__________________ _________________ _______________
Name Signature Date
5
PART TWO:
EMPLOYEE CONDUCT &
GUIDELINES
SECTION 1 – EQUAL OPPORTUNITY EMPLOYER
1.1 The Municipality’s objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the Municipality with the best possible services.
1.2 The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity.
1.3 The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code.
SECTION 2 – RECRUITMENT & SELECTION
2.1 The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates.
2.2 No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed.
6
2.3 The Municipality will follow the following process to fill open positions:
2.3.1 Approval of hire by Council;
2.3.2 Update job description; 2.3.3 Review and finalize pay and benefits for vacant position; 2.3.4 Determine best recruitment channels and implement;
2.3.5 Screen applications, using phone screening, e-mail questions and other screening
methods as appropriate;
2.3.6 Conduct first interview;
2.3.7 Conduct second interview, if required; 2.3.8 Prove credentials, as appropriate;
2.3.9 Prove eligibility for employment;
2.3.10 Perform employment testing as appropriate;
2.3.11 Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks; 2.3.12 Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate;
2.3.13 Present the successful candidate with a written offer of employment, which
outlines all the terms and conditions of employment of the job;
2.3.14 Get offer signed before start date.
2.4 In compliance with federal legislation, new employees, if requested, and as a condition of
employment, must present documentation establishing their identity and their eligibility to
legally work in Canada. A valid Social Insurance Number (SIN), landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose.
Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice.
2.5 Any misrepresentations, falsifications, or material omissions in any data requested during
the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of
employment for cause, without notice or compensation in lieu of notice.
SECTION 3 – EMPLOYMENT AGREEMENTS
3.1 All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment.
3.2 All offers of employment must be signed before starting, will typically include the following in writing, as applicable:
3.2.1 Position title;
7
3.2.2 Employment classification;
3.2.3 Working location;
3.2.4 Job duties (attach job description); 3.2.5 Reports to; 3.2.6 Start date;
3.2.7 Normal hours of work;
3.2.8 Probationary period;
3.2.9 Eligibility to work in Canada; 3.2.10 Starting pay step;
3.2.11 Starting pay;
3.2.12 Payroll deductions;
3.2.13 Eligibility for overtime;
3.2.14 Eligibility for benefits;
3.2.15 Vacation;
3.2.16 Requirement for driver’s license;
3.2.17 Right to layoff;
3.2.18 Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting; 3.2.19 Right to use discipline and suspension without pay;
3.2.20 Termination of employment.
3.3 Reference individual policies for more details.
3.4 There may be a need for additional terms of employment, depending on the position.
SECTION 4 – PROBATIONARY PERIOD
4.1 All newly hired employees are subject to a probationary period beginning from their date
of hiring with the Municipality, to assess their suitability to become a permanent
employee.
4.2 The purpose of probationary employment is to determine employee’s skill in performing
their duties and ability to adjust to the working environment. It is intended to assist the
employees to identify strengths and gaps in their job performance and to develop
corrective strategies if necessary.
4.3 The probationary period will normally be three (3) months of active employment.
Probationary periods for department heads are six (6) months. The probationary period
may be reduced or extended to a maximum of one (1) year, at the discretion of the
CAO|Clerk. Active employment is defined to exclude any leaves.
8
4.4 Prior to completion of the probationary period, the supervisor will meet with the employee
to review the employee’s performance and recommends to the CAO|Clerk whether to
make employment permanent or not.
4.5 The Municipality or employee may end the employment relationship without notice, for
any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute.
SECTION 5 – EMPLOYEE CLASSIFICATIONS
5.1 All employees of the Municipality will be classified into the following classifications. The
employee’s classification will be set out in their employment agreement. If an employee
is uncertain about their employment classification, please contact their immediate
supervisor or CAO|Clerk.
5.2 Payroll:
5.2.1 Hourly;
5.2.2 Salary.
5.3 Employment:
5.3.1 Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week;
5.3.2 Permanent part-time is an employee whose regular scheduled work week is less than twenty-four (24) hours per week; 5.3.3 Seasonal is an employee hired for a particular season with definite start and end
dates;
5.3.4 Casual is an employee that is called in on an as needed basis;
5.3.5 Student is an employee who is currently enrolled in a recognized educational
institution. A student may work on a part-time or seasonal basis; 5.3.6 Contract is an employee who is hired for a specific project for a specified length of time; 5.3.7 On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid;
5.3.8 Probation is an employee who has not completed their probationary period.
SECTION 6 – PERFORMANCE EVALUATIONS
6.1 The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives.
6.2 The employee’s supervisor will evaluate the employee’s job performance prior to completion of the probationary period and annually thereafter in the designated month.
9
6.3 The purpose of the Performance Evaluations is to: 6.3.1 Establish whether a probationary employee meets the performance standards required to successfully complete their probation;
6.3.2 Focus maximum attention on the achievement of the employees assigned duties as
listed in their job description;
6.3.3 Create a tool that enables the employees manager to accurately assess the
employees strengths and weaknesses and relate these assessments to current
and future needs;
6.3.4 Challenge the employee to continually improve their performance and personal effectiveness; 6.3.5 Involve the employee in planning and implementation of their job related goals and objectives;
6.3.6 Objectively relate placement on the approved salary grid to performance.
6.4 Performance evaluations are retained in the employee file and available upon request.
SECTION 7 – CONFIDENTIALITY
7.1 The Municipality operates as a municipal government in Elgin County. Employees may
have access to or become familiar with confidential municipal information, by reason of
their employment with the Municipality.
7.2 Confidential information may include, but is not limited to: compensation data, personal
employee information, taxpayer and user accounts, collection rolls, contracts, drawings,
sources of supply, pricing, financial information, land purchases and sale, etc. If an
employee is uncertain as to what information is confidential and what is not, the
employee will discuss with their manager or CAO|Clerk.
7.3 All employees of the Municipality, as a condition of employment, will ensure that
municipal information pertaining to clients, employees or other municipal business that
may be acquired in connection to their employment with the Municipality is held in strict
confidence, during and subsequent to the employee’s employment with the Municipality.
7.4 All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information.
7.5 Employees may share confidential information with each other, if entitled to, only in a
private area of the workplace, and only when that information is required for the effective
delivery of programs or services.
10
7.6 Employees are not to disclose or discuss such confidential information in public places or
with members of their families.
7.7 Employees are prohibited, unless authorized, from removing temporarily or permanently,
any confidential information stored in any form, including files, documents, tapes,
computer disks and digital and electronic data or other media from any municipal premises.
SECTION 8 – PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS
8.1 The Municipality is committed to protecting the privacy and confidentiality of the personal
information of its employees, customers, and other stakeholders. This policy outlines the
rules for collecting and preserving the personal information of all stakeholders.
8.2 All employees are expected to keep their own personal information confidential.
8.3 All municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization,
or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline.
8.4 The CAO|Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees.
8.5 The CAO|Clerk is responsible for the municipal compliance with the applicable privacy statutes, including the Municipal Freedom of Information and Protection of Privacy Act.
8.6 The CAO|Clerk will ensure there are systems and training in place, to safeguard personal
information of all employees, customers, and other stakeholders.
8.7 During the course of employment with the Municipality, employees will be required to
provide various private and personal information (such as date of birth, SIN, home address, etc.) to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline,
medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies.
8.8 The Municipality maintains one central personnel file for each employee containing all
the above information.
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8.9 If your personal contact information or personal situation changes (example: marital
status or children), it is important for you to inform the Treasurer immediately. This is
especially true if you are on any leave.
8.10 All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes.
8.11 At termination, personnel files are maintained for seven years and then disposed of in a
secure manner.
8.12 After termination of employment, reference requests from third parties, related to an
employee's employment at the Municipality, will only be answered with written authorization from the employee.
8.13 An employee may review their personnel file by making an appointment with the CAO|Clerk.
SECTION 9 – CONFLICT OF INTEREST
9.1 Employees of the Municipality are expected to conduct themselves with personal
integrity, ethics, honesty and diligence in performing their duties for the Municipality.
9.2 Employees are required to support and advance the interests of the Municipality and
avoid placing themselves in situations where their personal interests actually or
potentially conflict with the interests of the Municipality.
9.3 A conflict of interest refers to a situation in which private interests or personal
considerations may affect an employee’s judgement in acting in the best interest of the
Municipality. It includes using an employee’s position, confidential information or
municipal time, material or facilities for private gain or advancement or the expectations
of private gain or advancement. A conflict may occur when an interest benefits any
member of the employee’s family, friends or business associates.
9.4 Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the Municipality in such transactions, or benefit from such conflict.
9.5 Employees are responsible to determine if their personal or family business or property
interest may be in conflict with the business of the Municipality. If the employee realizes
there is a potential for conflict of interest, the employee should immediately notify, in
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writing to their supervisor and/or the CAO|Clerk. The employee should do whatever they
can to either remove themselves from the interest or from the decision-making process
relative to the interest.
9.6 The Municipality is committed to avoiding any potential conflict of interest that may arise
when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative.
9.7 For purpose of this policy, a relative is defined as:
9.7.1 Spouse;
9.7.2 Common-law spouse;
9.7.3 Child/Step-Child; 9.7.4 Brother/Brother-in-law;
9.7.5 Sister/Sister-in-law;
9.7.6 Mother/Mother-in-law;
9.7.7 Father/Father-in-law; 9.7.8 Common-law mother/father; 9.7.9 Spouse’s mother/father;
9.7.10 Spouse’s Common-law mother/father;
9.7.11 Grandparents/Spouse’s Grandparents;
9.7.12 Aunt-Uncle/Spouse’s Aunt/Uncle;
9.8 All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide.
9.9 Employees shall not engage in any outside employment or business dealings that
interfere with the performance of their regular duties, or from which they might derive
personal benefit or gain by virtue of their employment with the Municipality.
9.10 An employee may hold a job with another organization as long as they satisfactorily performs their job responsibilities with the Municipality. If the Municipality determines that employee’s outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee
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may be asked to terminate outside employment if he/she wishes to remain with the
Municipality.
9.11 If someone other than the employee reports the interest, the supervisor will investigate it
immediately. The employee in question will be immediately removed from the
decisionmaking that involves the interest.
9.12 When an employee reports a conflict of interest to their supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAO|Clerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, they should report this in writing directly to the CAO|Clerk.
SECTION 10 – PARTICIPATION ON COMMITTEES
10.1 The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is
in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality.
10.2 The Municipality encourages employees to sit on internal committees. Employees are
required to discuss membership on an internal committee with their supervisor prior to
acceptance, to identify any conflicts that may arise which may involve workload issues
and scheduling conflicts between committee meetings and work demands.
10.3 Employees may also receive invitations to serve on external committees, agencies,
boards, etc. If an employee anticipates that scheduling conflicts might arise with their job
responsibilities, the employee should discuss with their supervisor.
10.4 Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with
which they must discharge their duties.
SECTION 11 – PROGRESSIVE & CORRECTIVE DISCIPLINE
11.1 The Municipality recognizes that in every organization, discipline is necessary in order to
maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are:
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11.1.1 To provide employees with advance warning that certain actions and/or
behaviours are inappropriate and that a positive change is necessary;
11.1.2 To ensure fair and consistent corrective action for all employees;
11.1.3 To provide written documentation of behavioural or performance issues and the corresponding action that was taken; 11.1.4 To inform the employees of consequences of unacceptable behaviour before it happens;
11.1.5 It is expected that the need for disciplinary action will be minimal.
11.2 Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment.
11.3 The nature of the circumstance will dictate the level of disciplinary action taken and with the discretion of the Manager and/or CAO|Clerk. Disciplinary action may include all or any combination of the following, and is not limited to:
11.3.1 Informal Discussion: Casual, private discussion between the supervisor and the
employee will result when specific deficiencies in work conduct are noticed. The
majority of problems are corrected this way and do not recur. This discussion
may or may not be documented depending on the seriousness of the deficiency.
11.3.2 Final Verbal Warning: An employee who fails to correct a problem that was
discussed informally will receive a verbal warning. This is a serious warning
directing the employee to improve the specified problems immediately. It involves
a formal discussion in a private area. The supervisor will outline what the issues
are and exactly what must be done to correct them. An action plan of
improvement and assistance will be jointly created. The supervisor will document
the discussion, and both parties will sign at the end of the discussion. A copy will
be placed in the employee’s personnel file and the employee will receive a copy. 11.3.3 First Written Warning: If a subsequent violation occurs, the supervisor will issue a formal written warning with a copy to the employee's file. The employee and supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the supervisor and employee sign. One copy is given to the employee and one goes to the employee’s personnel file. 11.3.4 Second Written Warning: The CAO|Clerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. 11.3.5 Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAO|Clerk.
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SECTION 12 – CONFLICT/PROBLEM RESOLUTION
12.1 The Municipality is committed to providing a workplace free of conflict, where all employees are treated with fairness, dignity and respect. This policy is intended to provide employees with a process to raise unresolved conflicts or problems related to
their employment at the Municipality, in order to facilitate a fair & prompt resolution. Problems need to be resolved promptly so they don’t fester. Ideally an Employee should start using this resolution process no later than 14 days after any incident. An employee should not fear discrimination or reprisal in the workplace, as a result of using this policy.
12.2 The following are the type of conflicts and problems that could arise and require the use of this policy. Note: possible incidents of discrimination, harassment or violence must be addressed through the Workplace Discrimination, Harassment and Violence Procedure.
12.2.1 Unresolved disputes with co-workers or supervisors;
12.2.2 Perceived unfair or inequitable treatment;
12.2.3 Abuse of authority;
12.2.4 Inconsistent or improper application of municipal policies;
12.2.5 Other matters that make a Municipal employee consistently uncomfortable.
12.3 Often workplace conflicts may arise as a result of someone having a bad day for various personal reasons. Also differing personalities and differing behavioral traits can lead to misunderstandings. Employees need to work with each other in an open, constructive, understanding and supportive manner to avoid blowing a minor infrequent disagreement
out of proportion.
12.4 Employees encountering an unresolved significant issue should follow the steps listed
below in the order presented. All details of an issue must be kept confidential by all
parties involved to maximize the likelihood of a fair resolution.
12.4.1 Employees are encouraged to try to resolve all issues with the other staff member in a confidential, calm and professional manner.
12.4.2 If Section 12.4.1 is unsuccessful, the staff member should discuss the matter with
their immediate supervisor and get them to assist with a resolution.
12.4.3 If Section 12.4.2 is unsuccessful or inappropriate the staff member can then
escalate the matter to the CAO|Clerk by making a formal complaint. The
CAO|Clerk will then ask for details of the formal complaint in writing from the
employee making the complaint and conduct an appropriate thorough proper
investigation possibly involving witnesses. If the matter is serious enough, a
qualified independent third party may be required to assist to advise on the
appropriate steps for the investigation or actually to perform the investigation.
12.4.4 If Section 12.4.3 is unsuccessful or inappropriate the staff member can inform the CAO|Clerk of their intention to escalate the matter to the Mayor by making a formal complaint. Escalating any workplace matter to the Mayor should be a rare
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occurrence and only done as a last resort with serious incidents. The employee
should not approach any other member of Council or staff member concerning a
complaint.
12.4.5 If the Mayor is asked to get involved with a workplace issue, they will first consult
with the CAO|Clerk to ensure the employee has followed this policy properly and
the matter requires the Mayor’s attention.
12.4.6 If it is determined that the Mayor should get involved, the Mayor will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation.
12.4.7 The Mayor with the assistance of CAO|Clerk as appropriate, will investigate and
attempt to resolve the issue to the satisfaction of all concerned.
12.4.8 It may be necessary to invocate other Municipality policies such as the
Progressive & Corrective Discipline Policy.
12.4.9 Once the investigation is complete, the Mayor and/or CAO|Clerk as appropriate,
will inform the parties involved as to the resolution of the formal complaint. The Employee making the complaint and other parties involved are not entitled to copies of any related report, investigation or the exact details of the outcome. This
is to ensure confidentiality is maintained.
12.5 The Municipality will document the use of this policy any accompanying documentation, and findings in the personnel files of those involved.
12.6 Employees should be cognizant of the fact that a formal complaint against another
employee is a serious allegation with repercussions.
12.7 If a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures.
SECTION 13 – GIFTS, GRATUITIES & MONETARY BENEFITS
13.1 No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of employment. For the purposes of this provision any gift provided to an
employee's child, parent or spouse with the employee's knowledge shall be deemed to
be a gift accepted by that employee;
13.2 The Municipality recognizes that moderate hospitality and participation in charitable
nonprofit fundraising and business events is an accepted facet of community participation
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and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 13.1:
13.2.1 gifts that are received as an incident of protocol or social obligation that normally
and reasonably accompany the responsibilities of employment;
13.2.2 token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 13.2.3 food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose;
13.2.4 communications to the Municipality including subscriptions to newspapers and
periodicals;
13.2.5 compensation authorized by law;
13.2.6 services provided without compensation by persons volunteering their time; 13.2.7 gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the employee's attendance serves a legitimate municipal purpose;
13.3 Within 30 days of receipt of any gift described in Section 13.2, employees shall file a written disclosure statement with the CAO|Clerk (or with the Mayor for the CAO|Clerk) for any gift that exceeds $200 in value. Every disclosure statement shall indicate: 13.3.1 the nature of the gift;
13.3.2 its source and date of receipt;
13.3.3 the circumstances under which it was received; and
13.3.4 its estimated value.
13.4 Every disclosure statement to the CAO|Clerk or Mayor for the CAO|Clerk shall be a
matter of public record.
13.5 The CAO|Clerk or Mayor shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 13.2, if any.
13.6 The CAO|Clerk or Mayor shall examine every disclosure statement filed with them to ascertain whether the receipt of the gift might in their opinion create a conflict between a private interest and the public duties of the Employee.
13.7 If the CAO|Clerk or Mayor makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift
13.8 If the CAO|Clerk or Mayor determines that receipt of the gift was prohibited the CAO|Clerk or Mayor will issue discipline through the Progressive & Corrective Discipline process.
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SECTION 14 – DISCRIMINATION & HARASSMENT IN THE WORKPLACE
14.1 Every employee of the Municipality has the right to receive fair treatment and to work in
an environment that is free from discrimination and harassment. The Municipality is
committed to providing a workplace free of discrimination and harassment in which all
employees can be treated with dignity and respect. This policy will be reviewed as
necessary, and at least on an annual basis.
14.2 The Municipality conducts business and treats all employees in accordance with all
applicable Human Right’s legislation. The Municipality does not condone and does not
tolerate harassment of any kind.
14.3 Employees shall not be harassed or discriminated against by the employer, by anyone
acting as an agent for the employer or by another employee because of race, ancestry,
place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation,
age, record of offences for which a pardon has been granted, family status, handicap or
any other grounds prohibited under the Ontario Human Rights Cod. Harassment
undermines an individual’s self-respect and adversely affects work performance and
well-being.
14.4 Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by their employees may be subject to discipline up to and including dismissal.
14.5 Workplace harassment means different things to different people and may be influenced
by cultural, religious background, and/or geographical location. Workplace harassment
means engaging in a course of vexatious comment or conduct against an employee in a
workplace that is known or ought reasonably to be known to be unwelcome. Workplace
harassment may include conduct which is offensive, embarrassing, or humiliating to
others, and may further include visual representation, electronic messages, written
messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile
work environment.
14.6 Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person’s gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 14.6.1 Examples of sexual harassment and inappropriate gender-related behaviour
include, but are not limited to, comments, gestures and non-verbal behaviour,
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visual materials and physical contact. Comments made or actions taken may not
be intended to offend another person. However, intent is not a prerequisite to
establishing that behaviour is discriminatory.
14.7 Abuse of authority means an individual’s use of power and authority inherent in the
position held in a manner which serves no legitimate work purpose and which ought
reasonably to be known to be inappropriate. It includes misuses of power that are
intimidating, coercive or demeaning. The legitimate and proper exercise of employer’s
right to supervise or manage (for example, performance reviews, work evaluations and
disciplinary measures taken for any valid reason) does not constitute harassment under
this policy.
14.8 Psychological harassment is bullying or humiliating behaviour that has the following
components:
14.8.1 Generally repetitive, although a single serious incident of such behaviour may
constitute psychological harassment if it undermines the recipient’s psychological
or physical integrity and has a lasting harmful effect,
14.8.2 Hostile, abusive or inappropriate,
14.8.3 Affects the recipient’s dignity or psychological integrity, 14.8.4 Results in a poisoned work environment
14.9 Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict.
14.9.1 Appropriate direction, evaluation or discipline by a supervisor;
14.9.2 Stress associated with the performance of job duties;
14.9.3 Friendly teasing or bantering that is mutually acceptable; and
14.9.4 Friendly or romantic behavior that is welcome and mutual.
14.10 There are three ways in which a person might suffer discrimination:
14.10.1 Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code.
14.10.2 Indirectly: where a person causes another person to act on their behalf and
discriminates against a person because of their membership in a group of
persons who are identified by a prohibited ground under the Human Rights
Code.
14.10.3 Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code.
14.11 The legitimate and proper exercise of the employer’s right to supervise or manage (for
example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy.
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14.12 Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria.
14.13 An employee who believes they are being harassed should:
14.13.1 Make it known that the action is unwelcome and will be reported unless it is
stopped immediately.
14.13.2 Keep a written record of dates, times, and nature of behaviour and witnesses, if any. 14.13.3 If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO|Clerk.
14.13.4 Employees should note that failure to keep a diary of the event may invalidate
the complaint but a record will, however, reinforce it.
14.14 Notwithstanding Section 14.13, If the CAO|Clerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below:
Ward and Uptigrove Human Resources Solutions
Email: HRresults@w-u.on.ca
County of Elgin Human Resources
Email: athomson@elgin.ca or sgodby@elgin.ca
14.15 Management has the responsibility to respond immediately to complaints of harassment
in accordance with the following steps:
14.15.1 Inform the complainant that an investigation is being conducted,
14.15.2 Interview both parties as soon as possible,
14.15.3 Interview any witnesses, 14.15.4 Interview past and present employees, if necessary, to determine if harassment has occurred,
14.15.5 Warn all parties that all interviews and information must be kept confidential,
14.15.6 Consult the Human Rights Commission, if necessary, before responding to the
complaint,
14.15.7 Render the decision and discuss the findings with the alleged harasser.
14.16 If the allegations are found to have substance, then management may determine the
appropriate level of discipline, up to an including immediate termination of the harasser.
If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAO|Clerk office. The complainant will assured
that there will be no recrimination because of complaint.
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14.17 If you are at fault, immediately cease the behaviour that the complainant finds offensive
and apologize to the complainant. Failure to cease this behaviour will leave you
vulnerable to a formal complaint and to discretionary action up to and including dismissal
if the complaint is substantiated.
14.18 If you believe that the complaint is unfounded and/or made in bad faith, discuss the
matter with your supervisor.
14.19 If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary.
14.20 If any event, document your version of the alleged incident, including times, place and
witnesses.
SECTION 15 – VIOLENCE IN THE WORKPLACE
15.1 The Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Municipality will take whatever steps are reasonable to protect workers of the Municipality from workplace violence.
15.2 This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence.
15.3 Workplace violence is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: 15.3.1 attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a
15.3.2 statement or behaviour that a worker could reasonably interpret as a threat to
exercise physical force against the worker, in a workplace, that could cause
physical injury to the worker.
15.4 The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited:
15.4.1 Threatening behaviour – shaking fists, destroying property, or throwing objects
15.4.2 Property damage – theft, destroying property, vandalism, sabotage of equipment, or arson
15.4.3 Verbal or written threats – any expression of intent to inflict harm
15.4.4 Bullying and intimidation
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15.4.5 Verbal abuse – swearing, insults or threatening language
15.4.6 Psychological trauma – includes stalking
15.4.7 Physical attacks or assaults – hitting, shoving, pushing or kicking 15.4.8 Murder
15.4.9 Sexual Assault
15.5 Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee’s home from a member of the public.
15.6 Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued.
15.7 The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person’s home) if it is connected to the victim’s employment with the Municipality.
15.8 The term “domestic violence” refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats.
15.9 To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): 15.9.1 Threatening statements to do harm to self or others
15.9.2 References to other incidents of violence
15.9.3 Intimidating behaviour such as insubordination, open defiance, pestering or
confrontational behaviour
15.9.4 History of violent, reckless, or anti-social behaviour
15.9.5 Recent marked decline in performance 15.9.6 Major change in personality, mood, behaviour, or standards of personal grooming
15.9.7 Obsessions with persons or things, particularly weapons
15.9.8 Experiencing what appears to be serious stress in personal life
15.9.9 Substance abuse
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15.10 Such reports may be made confidentially at the staff’s request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report.
15.11 If you are the victim of, or are a witness to, a violent incident in the workplace, contact
your immediate supervisor, or dial 911.
15.12 The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace.
15.13 Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves.
15.14 All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation.
15.15 No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination.
15.16 Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned.
15.17 Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. 15.17.1 However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee.
15.18 A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report.
15.19 Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident,
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when it occurred, the person(s) involved and the names of witnesses, if any. The report should be signed and dated. An employee making a verbal report may be required to provide their report in writing. 15.20 A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAO|Clerk. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO|Clerk within two (2) working days of receipt. The CAO|Clerk will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 15.20.1 If the CAO|Clerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below:
Ward and Uptigrove Human Resources Solutions
Email: HRresults@w-u.on.ca
County of Elgin Human Resources
Email: athomson@elgin.ca or sgodby@elgin.ca
15.21 To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process as soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of their choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged.
15.22 After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident.
15.23 If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAO|Clerk approves of its continuation.
15.24 An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has
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received written notice to that effect and has been given a reasonable opportunity to cooperate.
15.25 Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee’s physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement.
15.26 Depending upon the circumstances, the department head or CAO may determine that it
is appropriate to physically and/or operationally separate the employee who made, and
the employee who is the subject of the report, until the investigation has been completed.
In more serious situations, the Municipality may suspend the employee who is the
subject of the report pending the investigation.
15.27 Once the investigation is complete, the investigator will submit a confidential written document to CAO|Clerk. The document will summarize the investigator’s findings and conclusions and will recommend corrective action if appropriate. 15.28 A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation.
15.29 The CAO|Clerk will review the investigator’s findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the CAO|Clerk may approve, change or reject any of the investigator’s recommendations.
15.30 In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders.
15.31 Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident.
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15.32 The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO|Clerk and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality’s disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the CAO|Clerk.
15.33 Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The CAO|Clerk or designate, will coordinate any special assistance that may be required.
15.34 If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. SECTION 16 – TECHNOLOGY & CORPORATE PROPERTY
16.1 The Municipality establishes rules and procedures to ensure that appropriate use of its
technology, equipment and supplies. Technology includes, but is not limited to,
computers, internet, cell-phones, software, social media and email.
16.2 It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: 16.2.1 To protect against irresponsible, unauthorized, and illegal activities.
16.2.2 To ensure privacy, security, and reliability of all computer systems and
information.
16.3 Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAO|Clerk.
16.4 Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality.
16.5 The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others.
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16.6 Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAO|Clerk.
16.7 Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives.
16.8 The use of electronic devices for occasional personal use should not interfere with workrelated activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan.
16.9 The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality’s premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges.
16.10 No employee should have any expectation of privacy as to any use of the Municipality
media and equipment.
16.11 Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time.
16.12 All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality.
16.13 The Municipality may use social media (Twitter, Facebook, Instagram, LinkedIn, etc.) from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time.
SECTION 17 – USE OF MUNICIPAL VEHICLES & EQUIPMENT
17.1 Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 17.2 When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations,
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safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair.
17.3 The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality.
17.4 Vehicles or equipment owned, leased, or rented by the Municipality may not be used for
personal use without prior approval from the Supervisor.
17.5 Municipal vehicles are to be parked on Municipal premises when not in business use
unless authorized to be parked offsite.
17.6 Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking or vaping is not allowed in any Municipal owned, leased, or rented vehicles and equipment. Violation of this rule may lead to progressive discipline, up to and including termination.
17.7 All employees driving for municipal business must possess a valid driver’s license. If the employee’s license is void or suspended, they may not operate a municipal vehicle and must report to the CAO|Clerk, as soon as reasonable possible. Drivers that work in a position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver’s Abstract.
SECTION 18 - LAYOFF
18.1 At times the Municipality, due to change in strategic direction, loss of services, financial
reasons, or other reasons, may have to reduce the workforce.
18.2 Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn’t result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff.
18.3 If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract.
18.4 Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality’s insurance provider.
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18.5 Any unpaid accrued vacation pay will be paid out to employees with their final pay before
the layoff.
18.6 If employees are laid off, they will be given as much notice as possible of the layoff and
will receive a letter explaining all arrangements. Employees will not be paid during a
layoff.
18.7 When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAO|Clerk so alternative arrangements can be made.
SECTION 19 - TERMINATION
19.1 Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations.
19.2 Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO|Clerk.
19.3 Involuntary terminations require the review and written approval of CAO|Clerk.
19.4 An employee who is released for disciplinary reasons (except for just cause) or inability
to perform work duties will receive a warning, written or otherwise, over the Municipality’s
Progressive and Corrective Disciplinary policy, prior to involuntary termination
proceedings being implemented.
19.5 Terminated employees agree to return all municipal property including all employee
passwords and documents prior to their departure.
19.6 All employees should give a minimum of two (2) weeks’ notice (or longer where required
by their employment contract) to the Municipality of their intent to terminate their
employment. To facilitate replacement of any employee, the Municipality requires the
longest amount of notice possible, particularly from more senior employees.
19.7 The Municipality recognizes that retirement is an individual choice to work until the
normal retirement age, to retire early, or to postpone retirement.
19.8 The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation.
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19.9 The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information.
19.10 Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning.
19.11 Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment.
19.12 When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAO|Clerk to assure that all appropriate procedures are followed.
19.13 The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence.
SECTION 20 – EMPLOYMENT VERIFICATION
20.1 Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the
Municipality will not disclose salary or employment information to a third party unless
required to by legislation.
20.2 Employees requiring verification of their employment/salary is to contact payroll or their
supervisor. Payroll or the supervisor will prepare written confirmation of
employment/salary addressed to the employee for their release to any third party.
Request for employment/salary verification should be fulfilled within two (2) working days.
SECTION 21 – COUNCIL STAFF RELATIONS
21.1 Mutual respect and cooperation are required to achieve the Council’s corporate goals
and implement the Council’s strategic priorities through the work of staff.
21.2 Employees have an obligation to recognize that members of Council have been duly
elected to serve the residents of Bayham and respect the role of Council in directing the
actions of the Municipality.
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SECTION 22 – CONDUCT INVESTIGATIONS
22.1 Informal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address their concerns in the following manner: 22.1.1 Advise the Employee that their behaviour or activity contravenes Section 2 –
Employee Conduct & Guidelines;
22.1.2 Encourage the Employee to stop the prohibited behaviour or activity;
22.1.3 If applicable, confirm to the Employee your satisfaction or dissatisfaction with his
response to the concern identified;
22.1.4 Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter.
22.1.5 If not satisfied with the response received through the informal process, an
individual may proceed with a formal written complaint through the CAO|Clerk,
or if the complaint is about the CAO|Clerk through the Mayor.
22.2 Formal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address their concerns through the formal complaint process set out
below.
22.2.1 All formal complaints must be made using the Municipality’s Complaints Form-
Staff and shall be dated and signed by the complainant;
22.2.2 The complaint must include an explanation as to why the issue raised may be
a contravention of Section 2 – Employee Conduct & Guidelines and any
evidence
in support of the allegation must be included with the Complaints Form/Affidavit; 22.2.3 Any witnesses in support of the allegation must be identified on the Complaint
Form/Affidavit; 22.2.4 The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 – Employee Conduct & Guidelines, the specific section of Section 2 – Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; 22.2.5 The complaint shall be filed with the CAO|Clerk, or if the complaint is about the CAO|Clerk through the Mayor who shall confirm that the information is complete as to Part Two – Section 22.2. The CAO|Clerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non-compliance with Section 2 – Employee Conduct & Guidelines, and not covered by other legislation or policies; and 22.2.6 The CAO|Clerk or Mayor may request additional information from the
complainant.
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22.2.7 Corrective action or discipline, if any, will be determined by the CAO|Clerk or
Mayor in accordance with the Progressive Discipline policy and the decision of
the CAO|Clerk or Mayor shall be final.
SECTION 23 – DRESS, GROOMING & PERSONAL HYGIENE
23.1 Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene.
23.2 Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAO|Clerk is available to adjudicate any questions on dress, grooming, and personal hygiene.
23.3 This policy intentionally does not set out a detailed list of do's and don'ts, or rules.
Common sense of what is professional and considerate of others should prevail.
23.4 All Municipal employees that work in the office will dress in appropriate "business casual"
attire, as they will be meeting residents, clients, suppliers, and other stakeholders.
23.4 The following list is consider “not” to be appropriate business attire:
23.4.1 Ripped or torn clothing
23.4.2 Sweat pants or work out gear
23.4.3 Tank tops
23.4.4 Muscle shirts
23.4.5 Dresses with spaghetti straps
23.4.6 Dirty or stained clothing
23.4.7 Suggestive or offensive attire
23.5 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained.
23.6 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program.
23.7 More formal and conservative attire may be required at Municipal social events,
conferences, trade shows, and education events.
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23.8 Some employees are sensitive to strong perfumes, colognes, or other scents, so be
considerate and avoid using.
23.9 On Dress Down Fridays, you may dress more casually; however, you should still
maintain a presentable appearance.
23.10 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change.
SECTION 24 – CUSTOMER SERVICE STANDARDS
24.1 The customers of the Municipality include the following stakeholders: the residents, visitors, community partners, suppliers, other government agencies and internal Bayham
employees (internal customers). The Municipality is committed to providing exceptional high-quality responsive professional service to all customers. The purpose of this policy
is to establish uniform standards and procedures for all employees in all departments
responding to customers for service, questions, and feedback.
24.2 This policy covers service standards in general for all customers. The Municipality has separate policies on the website at https://www.bayham.on.ca/pages/accessibility and https://www.bayham.on.ca/pages/policies-and-procedures which outline specific accessibility standards for customers with disabilities. These policies are drafted in
conjunction with the Elgin County Accessibility Advisory Committee.
24.3 In order to meet the needs and expectations of customers, all employees are expected to:
24.3.1 Anticipate the needs of customers and plan accordingly in order to successfully
meet these needs;
24.3.2 Greet customers in a prompt, cheerful, and respectful manner;
24.3.3 Identify themselves, their department and their title; 24.3.4 Listen actively to all requests and concerns;
24.3.5 Be pleasant, courteous, respectful and helpful during the entire interaction;
24.3.6 Remember people will forget what you said, people will forget what you did,
but people will never forget how you made them feel;
24.3.7 Try to improve communication and public engagement with all customers;
24.3.8 Respond to all complaints, questions, and requests for service via email or phone within one business day. If the issue is complex the initial correspondence may simply acknowledge receipt and promise a response within a designated reasonable period of time; 24.3.9 Respond to all written complaints, questions, and requests for service within three business days. If the issue is complex the initial correspondence may
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simply acknowledge receipt and promise a response within a designated
reasonable period;
24.3.10 Communicate honestly, courteously and knowledgeably with all customers;
24.3.11 Serve customers with a strong sense of pride, commitment, and high ethical standards; 24.3.12 Occasionally staff may have bad days for various personal reasons. This should not affect the level of service provided to customers.
24.3.13 Handle difficult customers carefully. If a customer becomes abusive stop the
call and get a supervisor involved. Staff are not expected to tolerate abusive
behaviour;
24.3.14 Handle customer complaints carefully. If you receive a complaint concerning
service provided by yourself or other staff members follow these procedures:
24.3.14.1 Make note of the details of the complaint; 24.3.14.2 Mention to the customer, that the complaint will be handled by the
Department Manager and they will hear back within three business days;
24.3.14.3 On the same day forward the complaint to the Department Manager;
24.3.14.4 The Department Manager should log the complaint;
24.3.14.5 The Department Manager should conduct an appropriate investigation and respond to customer within three business days; 24.3.14.6 If the matter is complex or the parties involved are absence, and the Department Manager needs more time, they should inform the complainant within three business days, of the new deadline for reporting back;
24.3.14.7 The Department Manager should continue interacting the
complainant until the matter is resolved. If the Municipality is at
fault the Department Manager should organized a written apology.
24.3.14.8 In rare circumstances a complaint may need to be escalated to the
CAO|Clerk or the Mayor as a last resort. 24.3.15 Maintain their voice mail and email to ensure customers are aware of planned absences. Identify alternate contacts and a return date in the voice message or bounce back email;
24.3.16 Ensure their status on out of office board is current.
24.4 The above client service standards apply to all employees for all forms of communications including but not limited to: in person, via email, via written correspondence, and via various social media platforms.
24.5 The staff at the front desk of the municipal office have the most interaction with customers and have additional standards to meet as follows:
24.5.1 Coordinate schedules with all front staff to ensure there is coverage for the
front desk and incoming phones at all the days and times;
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24.5.2 Set up the automated attendant on the phone system when the phone is not
attended;
24.5.3 Refer, customer’s inquiries to the appropriate person in the appropriate
department. Avoid bouncing an inquiry around. If the referred to Bayham
person is absence, make the customer aware;
24.5.4 If a note is required, take the message with sufficient detail to ensure the person returning the call can answer the inquiry.
24.6 Excellent customer service extends to the conduct of all municipal meetings with either
external customers or internal customers either in person or virtual. The following
guidelines will be followed: 24.6.1 Set an agenda and distribute to all attendees ahead of the meeting;
24.6.2 Ensure all technology works for all participants ahead of the meeting;
24.6.3 Ensure the meeting starts on time;
24.6.4 Designate a chair for all meetings. Could rotate as appropriate;
24.6.5 The chair is responsible to ensure the meeting stays on agenda and ends on time; 24.6.6 Someone should take minutes and save electronically to the appropriate file;
24.6.7 Practice active listening;
24.6.8 The chair should summarize the conclusions of the meeting at the end and set
next steps
24.7 All staff members will be trained on this policy and the basics of excellent customer
service in mind. Front desk staff are required to take in depth customer service training.
24.8 The performance management program will include review questions evaluating
customer service job performance for all employees. The performance management
program will include more in-depth questions evaluating customer service job
performance for front desk staff.
24.9 If an employee observes or hears of poor customer service by another staff member,
they are to report the incident to their Supervisor. The Supervisor will act promptly to correct the behaviour or refer the matter to the appropriate Supervisor.
24.10 It is expected that all employees will follow the standards in this policy for customer service. Failure to do so may require performance improvement plans and possibly disciplinary action.
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PART THREE:
PAY ADMINISTRATION
AND BENEFITS
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SECTION 1 – COMPENSATION PHILOSOPHY
1.1 The total compensation program for the Municipality consists of base salary, variable
compensation (short-term incentives and supplementary pay), and benefits. The total
compensation program is central to the Municipality’s strategy to attract, engage,
motivate and retain qualified employees through an internal equitable, non-discriminatory and externally competitive compensation program.
1.2 Compensation is structured to:
1.2.1 Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. 1.2.2 Reward performance as measured by the attainment of individual, department
and corporate objectives.
1.2.3 Recognize the acquisition of knowledge, skills and experience pertinent to the
employee’s position.
1.3 The Municipality is committed to providing employees with clear and open
communication regarding compensation policies and practices, as well as performance
feedback. The Municipality is also committed to complying with the Ontario Pay Equity
Act and promotes the concept of equal pay for work of equal value.
1.4 The Municipality, for non-unionized employees, will perform a market check normally
every four (4) years, which will include:
1.4.1 The pay band grid will be compared to the market,
1.4.2 Council will approve the comparators to be used,
1.4.3 The median or fiftieth (50th)percentile of the job rate of the comparators will be used, 1.4.4 The overall pay band grid may increase, decrease or remain the same as the
result,
1.4.5 No employee’s pay will be reduced as a result of this exercise. However,
individual pays may be frozen until the pay for their position catches up to their
current pay. Employees in this situation will not be eligible for the annual pay
adjustment until their pay is equal to or exceeds the job rate in their pay band,
1.4.6 Council will approve the market check and implement the results.
SECTION 2 – PAY ADMINISTRATION
2.1 Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council.
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2.2 A promotion shall be considered as a reassignment of duties to employees that would
cause their new position to be paid in a higher salary classification than the previous
position. All employees, upon promotion, shall receive payment of at least the minimum
rate of the new position, expect in instances when an employee does not meet the full
minimum requirements of the new position. In such cases, the CAO/Clerk will determine
if a reclassification is necessary. In no case, shall an employee receive less than their
current salary by promotion.
2.3 Subsequent increases in the new range will occur on the anniversary date (or establish
date) of the transfer or promotion.
2.4 A demotion shall be considered as being a re-assignment of duties to an employee that
causes the new position to be paid in a lower salary classification than the previous
position. This may occur as a result of organizational changes, work shortages,
inadequate performance and diminished employee capability or at the employee’s request.
2.5 If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system.
2.6 The Municipality understands and recognizes long and loyal service. Therefore, will try to
minimize the financial impact of demotions to employees and will try to keep their current
salary until the range of the lower salary range catches up across the board of economic
adjustments that affect the whole salary system.
2.7 If the temporary transfer is to a position at a lower salary level, an employee may retain their current salary. “Temporary” can be a period of up to, but not exceeding, six (6) months.
2.8 If the temporary transfer is to a position at a higher salary level, “acting pay” may be
provided in accordance with the Acting Pay policy.
2.9 After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances.
2.10 Upon a successful completion of an annual performance evaluation, employees are
eligible at this time to move upward on the salary grid from level to level, effective on the
annual date set out by the CAO/Clerk and Council. Movement up the salary grade is
done until job rate is reached.
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2.11 If an employee’s performance evaluation is unsatisfactory, the salary movement will be
deferred until a follow-up evaluation can be made, normally within three (3) months. If the
second evaluation demonstrates improvement, the merit increase adjustment in the
pay band may be awarded, but may be withheld for three (3) months from the
employee’s start date in the position.
2.12 Each year on January 1 the entire pay band grid may move up by % using an established formula.
2.13 The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended
October 31 each year.
2.14 The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate.
2.15 The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget.
2.16 If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %.
2.17 If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step
2.18 When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade.
SECTION 3 – JOB EVALUATION SYSTEM
3.1 The Municipality, for non-unionized employees, utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable,
ensures internal equity, and is in compliance with the Pay Equity Act.
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3.2 Job evaluation is tool that is used to help establish the relative worth of all jobs within the
Municipality. It applies common factors that measure the worth of jobs so that fair and
equitable salary ranges can be applied to them. The job evaluation tool helps with the
establishment and maintenance of sound salary differentials between jobs. Job
evaluation builds a foundation for consistent administration and maintenance of salary
ranges. The CAO/Clerk is responsible for managing the Job Evaluation System.
3.3 Job evaluation reviews are generally initiated in response to:
3.3.1 Department restructuring;
3.3.2 New Positions; or
3.3.3 Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals.
SECTION 4 – ACTING PAY
4.1 The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply:
4.2 No change in wage will result if the assigned job classification is lower than the employee’s current classification, unless mutually agreed upon.
4.3 Where the employee is assigned to perform the majority of the duties of the higher rated
job classification, including the essential elements, the employee will be paid, at the
minimum rate of the assigned pay band of the higher rated job classification provided the assignment is:
4.3.1 Minimum ten (10) consecutive full working days in a manager assignment; or
4.3.2 Minimum five (5) consecutive full working days in all other assignments.
4.4 Exception: 4.4.1 Where such a change results in an increase of less than 5%, the employee shall
receive
4.4.2 the next higher wage rate in the pay band; and
4.4.3 The employee’s new wage rate may never exceed the maximum of the higher
rated job classification.
4.5 Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period.
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4.6 All temporary assignments and acting pay must have prior written approval from the
CAO|Clerk.
SECTION 5 – PAY ADMINISTRATION
5.1 Employees will be paid bi-weekly with the pay period beginning on Monday and ending
on the second (2nd) Sunday following. Payment will be made by direct deposit to the
employee’s bank account on Friday.
5.2 Each employee will be provided a statement of gross earnings, vacation pay, and
deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will
only be released to the employee.
5.3 In the event that a regularly scheduled payday falls on a day off such as a holiday,
employees will receive pay on the last day of work before the regularly scheduled
payday.
5.4 Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year.
5.5 A T4 will be distributed to employees and former employees with earnings for the
previous year, on or before February 28th of each year.
5.6 The Municipality does not provide pay advances on wages to employees.
5.7 In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee’s next pay stub.
5.8 The Municipality must make certain deductions from every employee’s remunerations,
including applicable Federal and Provincial income taxes, Employment Insurance, and
Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is
mandatory for regular full-time employees, and the amounts as directed by the plan are
deducted from each employee’s pay.
5.9 Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions.
5.10 The law requires the Municipality to comply with court-ordered payments and wage
garnishments when they are presented. Employees affected by wage garnishments or
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court-ordered payments will be notified by the Payroll Administrator of any charges
against their wages.
5.11 No person acting on behalf of the Municipality may dismiss; threaten to dismiss;
discipline or suspend; impose any penalty upon; or intimidate or coerce any employee
because of a wage garnishment or court-ordered payment.
SECTION 6 - BENEFITS
6.1 The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required:
6.1.1 Employer Health Tax (EHT)
6.1.2 Employment Insurance (EI)
6.1.3 Canada Pension Plan (CPP)
6.1.4 Workplace Safety and Insurance Board (WSIB)
9.2.1
6.2 Permanent full time and part time employees are eligible to participate in the
Municipality’s group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract.
6.3 Municipal benefits currently provide the following, in accordance with plan booklets:
6.3.1 Pension through Ontario Municipal Employees Retirement System (OMERS)
6.3.2 Vision and Dental Coverage
6.3.3 Extended Health Care
6.3.4 Life Insurance
6.3.5 Accidental Death & Dismemberment 6.3.6 Short-Term Disability
6.3.7 Long-Term Disability
6.4 Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes.
6.5 Permanent employees and dependents have access to the Homewood Health Employee Assistance Program. For more information please contact, 1-800-663-1142 or visit the website https://homeweb.ca.
SECTION 7 – PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION
7.1 The Municipality encourages the ongoing professional development and continuing
education of employees, and provides financial assistance in accordance with this policy.
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7.2 The Municipality may agree to reimburse employees for membership dues to
professional associations required or directly related to job duties, at the CAO/Clerk’s
discretion and prior approval.
7.3 The Municipality shall offer the following assistance to employees attending approved
seminars, conventions and/or conferences:
7.3.1 Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives their own vehicle,
he/she shall paid at the mileage rate as set by Council. If the employee travels
by train or plane, a receipt is required.
7.3.2 All registration fees levied by the seminar, convention and/or conference.
7.3.3 Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed.
7.4 The Municipality may offer reimbursement of tuition fees to encourage employees who
have completed their probationary period, to upgrade their education and/or skills by
enrolling in part-time studies at recognized colleges or universities.
7.5 Reimbursement of educational costs is contingent upon submission of proof of the
successful completion of each course. All courses must receive approval prior to
commencement of the course. Employees will obtain approval from the CAO/Clerk.
While educational assistance is expected to enhance employee’s performance and
professional abilities, the Municipality cannot guarantee that participation in formal
education will entitle the employee to automatic advancement, a different job
assignment, or pay increases.
7.6 If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows:
Timelines Reimbursement
Within one year of completion of studies 100%
Within two years of completion of studies 66%
Within three years of completion of studies 33%
After three years of completion of studies 0%
SECTION 8 – LONG-TERM SERVICE AWARDS
8.1 The Municipality believes in recognizing long-term service commitment within the
Municipality. The Municipality recognizes their hard work over the years of service by
providing their employees with long term service awards.
8.2 The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to:
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8.2.1 Retention of valued expertise;
8.2.2 Organizational stability and lower turnover;
8.2.3 Creation of a positive and supportive work environment; 8.2.4 Identification of role models and the opportunity to encourage a sense of community and shared purpose.
8.3 All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted.
8.4 Recognition shall be in accordance with By-law No. 2019-014, the Long-term Service Awards/Retirement Recognition Policy.
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PART FOUR:
WORKING HOURS,
ATTENDANCE & LEAVES
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SECTION 1 – HOURS OF WORK
1.1 The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in
accordance with the nature of work that is performed.
1.2 The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven
(7) working hours and a normal working week of Thirty-five (35) working hours.
1.3 The normal hours of work for “outside” non-union employees shall be:
1.3.1 Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive.
1.3.2 Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive.
1.3.3 Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive.
1.4 Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the
employee’s employment contract.
1.5 Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you
must let your supervisor know within 30 minutes of their regular start time or as soon as possible.
1.6 Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality’s core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee’s performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime.
1.7 Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following:
1.7.1 Two (2), fifteen (15) minute paid break, to be taken in the morning and the afternoon.
1.7.2 One (1) unpaid meal break.
1.8 Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager.
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1.9 All breaks should be taken when adequate coverage is available within the department.
Employees are not to use/work through breaks to shorten the workday.
1.10 Employees should accurately record all hours worked, including all vacation, public
holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor
shall review and initial the timesheet and submit to payroll by Monday for processing.
1.11 It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work.
1.12 Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy.
SECTION 2 – OVERTIME
2.1 Non-management employees overtime worked over regular hours of work, will be paid at
one and one half times the employee’s rate of pay.
2.2 Only hours worked count towards the overtime threshold. Time on vacation, statutory
holiday, leaves, etc., does not count towards overtime.
2.3 All overtime worked must have the prior approval from the employee’s supervisor.
2.4 Employees may bank time to a maximum of eighty (80) hours per year of overtime and
must be used in the year earned. If the employee doesn’t use their banked overtime
during the calendar year it will be forfeited and not eligible to be carried forward.
2.5 As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform nonsupervisory or non-managerial tasks on an irregular or exceptional basis.
2.6 Notwithstanding Section 2.5, Public Works and Water/Wastewater Managers or Supervisors may be permitted to receive a weekly lump-sum allotment for after-hours on-call/stand-by requirements for operational purposes. Such an allotment will be consistent with the department-specific weekly allotment for unionized staff for same and will only be accessible by one Manager or Supervisor in each functional area at a time. Such allotment will be authorized at the discretion of the CAO|Clerk and will be administered by the Treasurer through regular payroll.
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2.7 In recognition of additional hour’s management employees may be required to work, the
Municipality allows employees holding management and/or supervisory positions to bank
up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty
hours is in addition to eligible vacation entitlement and paid holidays. If the manager
does not use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward.
2.8 If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk.
SECTION 3 – PAID PUBLIC HOLIDAYS
3.1 The Municipality recognizes twelve (12) days as public holidays and grants paid time off
work on these days, subject to the conditions outlined below. Note, this includes the nine
(9) days in accordance with the Employment Standards Act (ESA) and an additional
three (3) days designated at this time as paid holidays by the Municipality.
3.2 All employees are entitled to paid public holidays on each of the following:
New Year’s Day Civic Holiday
Family Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day Christmas Day
Canada Day Boxing Day
3.3 To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday.
3.4 A recognized holiday that falls on a Saturday may be observed on the preceding Friday.
A recognized holiday that falls on a Sunday may be observed on the following Monday. If
eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay.
3.5 In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year’s Day shall constitute additional paid holidays at employee’s regular rates of pay. Provided however, that Christmas and New Year’s half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year’s Day falls on Saturday, Sunday or Monday in which case
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the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year’s. SECTION 4 - VACATION
4.1 At the Municipality, each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department.
4.2 The vacation entitlement year is based on the calendar year. Employees may not take
vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based
on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked.
Years of Eligible Service (at
January 1st)
Vacation Entitlement (for that
year)
Less than One (1) year One (1) working day for every
completed month of service to a
maximum of ten (10) days
One (1) year Two (2) weeks
Five (5) years Three (3) weeks
Ten (10) years Four (4) weeks
Fifteen (15) years Five (5) weeks
Twenty (20) + years Six (6) weeks
4.3 If a public holiday falls during an employee’s vacation time, the public holiday does not count as a vacation day.
4.4 For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk.
4.5 Notwithstanding Vacation Entitlement Section 4 a non-union employee may also utilize
the following options for unused vacation time:
4.5.1 Ability to be paid out, straight time for up to one week of unused vacation time
annually;
OR
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4.5.2 Ability to direct the Municipality to reserve straight time for up to one week of unused vacation time annually into a Human Resources Reserve Account to be paid out upon request of the employee or upon retirement or end of employment with the Municipality. The method of pay-out – either lump sum or through bi-weekly payroll – will be at the request of the employee.
4.6 Vacation Entitlement Section 4.5 will be paid out at the rate of pay of the year in which the pay was originally paid out or banked.
4.7 Vacation Entitlement Section 4.5 will not be subject to OMERS contributions and/or
interest.
4.8 Any vacation time not used during the calendar year will be forfeited and not eligible to
be carried forward.
4.9 The Municipality encourages all employees to utilize vacation time within a given year.
4.10 Salaried employees will continue to receive their regular pay while on vacation.
4.11 Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken.
4.12 To take vacation, employees must submit a written request to their supervisor for
advance approval in writing. Requests will be reviewed based on a number of factors,
including business needs and staffing requirements. Up to two (2) weeks may be taken
at one time. More than two (2) weeks may be taken only with prior written approval of the
CAO/Clerk.
SECTION 5 – BEREAVEMENT LEAVE
5.1 Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: 5.1.1 Five (5) working days immediately following the death of a spouse, child or stepchild.
5.1.2 Three (3) working days immediately following the death of a parent, grandchild,
grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or
parent of the employee’s current spouse.
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5.1.3 Two (2) working days, to attend the funeral of the sister, brother, or grandparent of
the employee’s current spouse.
5.1.4 One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a
close friend or to serve as a pallbearer.
5.2 Paid leave of absence in respect of bereavement will only be allowed for days on which
the employee has been scheduled to work. Additional days may be granted with or
without pay, with the discretion of the CAO/Clerk.
SECTION 6 – JURY/COURT DUTY
6.1 Employees who is required to serve as a juror or subpoenaed as a witness in any court
in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work.
6.2 Employees shall be excused from work for the part of each day that the employee shall
actually render serve as a juror or as a witness.
6.3 Upon completion of their jury duty or witness service, such employees shall present to
their supervisor and/or CAO/Clerk a satisfactory certificate showing such period of
service. Such employee will be paid their regular earning for the period of such jury or
witness service provided he/she shall deposit with the Treasurer of the Municipality the
full amount of compensation received, excluding mileage and travelling expense, an
official receipt therefore. If the employee presents himself/herself for selection as a juror
and is not selected, then he/she shall be required to return to their regular employment to complete their remaining normally scheduled work period.
6.4 Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality.
Employees will be paid at their base rate, and are free to use any remaining paid leave
benefits (such as vacation time) to receive compensation for any period of witness duty
absence that otherwise would be paid.
SECTION 7 – VOTING LEAVE
7.1 Where legislation, as amended from time to time, requires and where, by reason of the
hours of their employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an
election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours.
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7.2 There will be no deduction from the pay of an employee or any penalty imposed on the
employee by reason of absence from work during the time allowed by the employer from
voting.
SECTION 8 – INCLEMENT WEATHER DAYS
8.1 The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible.
8.2 If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay.
8.3 Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work.
8.4 In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up
their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval.
SECTION 9 – SICK LEAVE
9.1 The Municipality understands that on occasion employees are sick and unable to report
to work. As such the Municipality sets the following policy.
9.2 All, non-unionized, full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours.
9.3 Sick days must only be used for personal illness, immediate family illness or personal
emergency.
9.4 Permanent employees are entitled to use up to four (4) days per calendar years from their sick leave entitlement to attend to a spouse, child and/or parent who are personally ill.
9.5 Unused sick days are not paid out or carried over to the following year.
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9.6 Employees, who are unable to report to work due to personal illness, are to advise their
immediate supervisor within 30 minutes of the start of their shift, indicating they are
unable to report to work due to personal illness.
9.7 An employee who is absent from work for reason of illness, may be requested to provide
a medical certificate to their supervisor. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment.
9.8 Employees may be eligible for STD income after sick leave entitlements have been utilized.
9.9 STD benefits due to illness or non-occupational accident will be paid for a period of
continuous absence up to 119 calendar days at 75% of the employee’s regular pay.
9.10 Separate periods of disability occurring under this benefit will be considered one period if:
9.10.1 They result from the same or related causes are separated by a period of six consecutive months or less during which the employee returned to active employment, or;
9.10.2 They result from entirely unrelated causes are separated by a period of less
than one full day during which the employee returned to active employment.
9.11 The cost of this plan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program.
9.12 This Plan applies to non-occupational injuries, illnesses, or quarantine:
9.12.1 That result in temporary total disability; and
9.12.2 That do not qualify to receive benefits from an alternate insurance plan or
wage subsidy program such as the Workplace Safety & Insurance Board.
9.13 Benefits from this Plan are payable if an eligible employee becomes totally disabled and:
9.13.1 Provides proof that the disability began while eligible; and
9.13.2 Has followed a treatment of care by a registered medical practitioner since the
onset of the disability.
9.14 For the purposes of Part Four – Section 9 the following definitions apply:
9.14.1 Totally Disabled: being continuously unable to perform the essential duties of
the job, or alternate suitable work, due to an injury, illness, or quarantine. 9.14.2 Quarantine: mandated isolation or confinement by a Medical Practitioner or a reigning governing body; due to illness, pandemic, or other health related issue.
9.14.3 Medical Practitioner/Treating Practitioner: a person practicing medicine that is licensed, certified, registered, or otherwise recognized by a governing college,
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who’s discipline is listed by the Canada Revenue Agency as an authorized
medical practitioner, and is practicing within the assigned discipline and
geographical area.
9.14.4 STD: Short Term Disability
9.14.5 RTW: Return to Work 9.14.6 Elimination Period: the waiting period for disability due to illness that must be completed prior to the start of benefit payments.
9.14.7 Non-occupational Disability: injury or illness that was not caused by, or of rising
out of and in the course of employment.
9.14.8 Leave of Absence/Job Protected Leave: an approved and protected leave from
work as agreed upon by Bayham Management or as per the current version of
the Employment Standards Act.
9.14.9 Regular Earnings: wages paid for regular hours worked, that do not include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, termination pay, severance or termination pay,
bonuses or profit shares, and other extra entitlements as per the employee’s contract of employment.
9.15 Benefits are not payable under the following circumstances:
9.15.1 The employee is not under an appropriate treatment of care from a licensed medical practitioner or doctor, as relevant to the illness or injury as determined by the claim adjudicator;
9.15.2 The illness or injury is covered by the Workplace Safety and Insurance Act or Canada Pension Plan Disability Benefits;
9.15.3 The employee is receiving Employment Insurance benefits;
9.15.4 The disability is intentionally self-inflicted;
9.15.5 For cosmetic surgery procedures;
9.15.6 While vacation pay is being received or during a leave of absence;
9.15.7 For injuries or diseases sustained while committing a criminal offence;
9.15.8 While on maternity leave or parental leave;
9.15.9 If the employee is otherwise engaged in employment for wage or profit;
9.15.10 If the employee is absent from Canada longer than 4 weeks (unless the absence is agreed to in writing and prior to the absence, by the Plan adjudicator/Bayham Management);
9.15.11 While serving a prison sentence or otherwise confined in a similar institution;
9.15.12 For disability resulting from participation in a riot, or the hostile action of any
armed forces; and/or
9.15.13 Any other unique circumstances that may be contrary to the purpose and policy of this Plan, as deemed so by the Plan adjudicator. 9.15.14 Note: if an employee becomes totally disabled prior to their notice of a job protected leave or layoff, benefits may be payable up to the maximum benefit period.
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9.16 An employee who becomes totally disabled during a job protected/approved leave and is
recalled or scheduled to return to work, may receive benefit payments:
9.16.1 If the employee is eligible for benefits as per the limitation of this Plan; and
9.16.2 Has been totally disabled due to illness for a minimum of five (5) business days prior to the recall/scheduled return; or 9.16.3 Is totally disabled due to an accident, hospitalization, quarantine on the day of the recall/scheduled return.
9.17 Benefit Waiting Period - Short Term Disability Benefits commence on either:
9.17.1 The first day of an accident that results in total disability;
9.17.2 The first day of hospitalization;
9.17.3 The first day of quarantine.
9.18 Benefit Pay and Duration - Once approved, benefits are paid on the same frequency and
date as the employee’s regular pay period.
9.19 No benefits are payable until the supporting documentation is received and the claim has
been approved; such approval shall not be unreasonably delayed.
9.20 End of Benefit Payments - Benefit payments end on the earlier of the following dates:
9.20.1 The date the employee is no longer temporarily totally disabled.
9.20.2 The end of the mandated quarantine.
9.20.3 The end of the maximum benefit period of seventeen (17) weeks (119 days).
9.20.4 The date the employee retires or resigns from employment with Bayham.
9.20.5 The date the employee dies.
9.21 Recovery of Damages - Bayham reserves the right to any part of any money that an
employee recovers through legal action or settlement from another party that caused the
disability for which benefits were paid, as per this Plan; up to the limit of the amount of benefit paid to the employee.
9.22 Benefit Amount - Eligible employees with an approved claim, as per the limitations of this
Plan, shall receive wage loss replacement benefits at a rate of 75% of average regular
earnings.
9.23 The average regular earnings are calculated using the earnings from the twelve (12) weeks prior to the disability leave.
9.24 All benefit amounts paid are subject to applicable provincial and federal taxes, EI and
CPP. Taxes will be deducted from the benefit amount as per payroll process.
9.25 Filing a Claim - To file a claim for benefits, the eligible employee must:
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9.25.1 On the first day of total disability illness or injury, notify the Supervisor or Manager
in writing using a Bayham STD claim form.
9.25.2 This may be accomplished via email and/or written letter.
9.25.3 The notification shall state if the employee intends to file a claim for STD benefits 9.25.4 Provide any medical documentation to the Adjudicator using the Bayham Treating Medical Practitioner Statement.
9.26 This Documentation must:
9.26.1 Be completed by a Medical Practitioner
9.26.2 Describe the nature of the illness, injury, disability or mandated quarantine, the
prognosis for recovery, and an anticipated return to work date.
9.26.3 Be provided to Bayham within five (5) business days of the illness, injury,
disability.
9.26.4 The employee may submit any receipts for costs associated with obtaining documentation to Bayham for reimbursement. 9.26.5 Note: Failure to produce the required documentation within five (5) business days may delay processing of the claim and cause absence beyond the applicable waiting period to be classified as non-paid emergency leave. If delayed longer than five (5) business days, contact the Adjudicator.
9.27 Claim Adjudication - The approval of the claim may be determined by Bayham Management, or by a third-party adjudicator appointed by Bayham.
9.27 Claim Duration - During the duration of the claim, the employee may be required by Bayham Management, to submit medical documentation that confirms the continued total disability, and any changes in functional abilities or anticipated recovery and return to work date. The employee may also be required to participate in an examination by an appointed physician/medical practitioner at the discretion and cost of Bayham Canada.
9.28 Bayham Canada recognizes that returning employees to suitable and meaningful work is in the best interest of all workplace parties. Any and all efforts at RTW shall be initiated as safely and as early as possible based on objective medical information provided by the employee’s treating practitioner. For more details see Bayham’s Early and Safe Return to Work Program.
9.29 Before the employee returns to work, in any capacity, medical documentation must be
provided to Bayham Management. This documentation must include a full description of
the employee’s functional abilities and any accommodation required; related to
performance of the essential duties of the respective job/position (either the pre-injury job
or modified work, as applicable).
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9.30 If modified work hours are an accommodation within the RTW Plan, then the employee
shall receive remuneration for any hours worked as per the pre-disability hourly rate.
Any hours the employee does not work (regular hours) are eligible for STD benefits as
per this Plan; at 75% of average earnings; up to the maximum seventeen (17) week
benefit period in total.
9.31 Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits.
9.32 LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of $4,000 per month, payable to age 65, following the initial period of STD coverage described above.
9.33 The cost of this pan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program. To be eligible for
LTD benefits, an employee must have a medically determinable physical or mental
impartment that prevents the employee from performing the regular duties of their
position.
SECTION 10 – STATUTORY LEAVES OF ABSENCES
10.1 Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to:
10.1.1 Pregnancy or Parental Leave
10.1.2 Personal Emergency Leave
10.1.3 Family Medical Leave
10.1.4 Family Caregiver Leave
10.1.5 Domestic or Sexual Violence Leave
10.1.6 Crime Related Death Leave
10.1.7 Child Disappearance Leave
10.2 While an employee is on a statutory leave, maintenance of employee benefits will be
administered in accordance with the applicable legislation on the following basis:
10.2.1 Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they do not intend to pay the employees premium contributions.
10.3. To learn more about these or additional statutory leaves, please visit the link or talk with
your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br_leaves.php
APPENDIX “G”
Off Loading Procedures
APPENDIX “H”
2012 Norfolk Disposal Services Ltd. RFP Submission
SCHEDULE “B” Request for Proposal #12-01 Curbside Waste Management Collection Services
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A proud tradition, a bright future.
Municipality of Bayham
Municipality of Central Elgin
Township of Malahide
REQUEST FOR PROPOSAL #12-01
CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES
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ANYONE DOWNLOADING THIS DOCUMENT AND INTENDING TO SUBMIT A BID MUST ENSURE THAT
THEY HAVE REGISTERED WITH THE MUNICIPALITY OF CENTRAL ELGIN, PHYSICAL SERVICES
DEPARTMENT. BY REGISTERING, YOU WILL BE ADDED TO THE PROPONENTS MAILING LIST AND
WILL RECEIVE ANY ADDENDA THAT MAY BE ISSUED WITH RESPECT TO THIS DOCUMENT. FAILURE
TO REGISTER MAY RESULT IN YOUR BID BEING DISQUALIFIED. TO REGISTER, PLEASE COMPLETE
THE REGISTRATION FORM AND EMAIL TO, lperrin@centralelgin.org.
BIDS MUST BE RECEIVED at the office of:
Lloyd J. Perrin
Director of Physical Services
The Municipality of Central Elgin
450 Sunset Drive
ST. THOMAS, Ontario
N5R 5V1
Not later than 2:00 p.m. local time, Tuesday February 28th, 2012.
PROPOSALS WILL BE OPENED AT A LATER DATE. RESULTS OF THE EVALUATION OF THE
PROPOSALS WILL BE MADE PUBLIC NO LATER THAN MARCH 8TH, 2012.
RESPONDENTS ARE SOLELY RESPONSIBLE FOR ENSURING BIDS ARE RECEIVED BY THE
MUNICIPALITY OF CENTRAL ELGINPRIOR TO THE CLOSING DATE AND TIME. FAILURE TO SUBMIT
THE BID AS REQUESTED MAY RESULT IN IT BEING DISQUALIFIED.
The lowest or any proposal no necessarily accepted.
RFP 12-01, Curbside Waste Management Collection Services
Municipalities of Bayham, Central Elgin and Malahide
Request for Proposal 12-01
Residential Waste Management Collection Services
Contents
1.0
2.0
3.0
3.1
3.2
3.3
3.4
3.5
3.6
4.0
4.1
4.2
4.3
4.4
4.5
4.6
5.0
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
6.0
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
7.0
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
DEFINITIONS ............................................................................................................................................................................. 1
CO-OPERATIVE PROCUREMENT & BACKGROUND INFORMATION ........................................................................................... 6
SCOPE ....................................................................................................................................................................................... 8
Part A: Curbside Recycling Collection Service ....................................................................................................................... 8
Part B; Curbside Garbage Collection Services ....................................................................................................................... 8
Part C: Curbside Leaf and Yard Materials Collection Services ............................................................................................. 9
Part D: Bulk Bin Collection of Garbage .............................................................................................................................. 10
Part E: Combined Services for Curbside Recycling & Garbage, Yard Materials, Fall Leaf and Bulk Bin Collection Services10
PART F: Open Scope ............................................................................................................................................................ 10
COLLECTION SCHEDULE .......................................................................................................................................................... 11
Garbage Collection ............................................................................................................................................................. 11
Recycling Collection ............................................................................................................................................................ 11
Leaf and yard Waste Collection .......................................................................................................................................... 11
Statutory Holidays .............................................................................................................................................................. 11
Holiday Schedule Accommodation ..................................................................................................................................... 12
Hours of Work .................................................................................................................................................................... 12
SUCCESSFUL PROPONENT REQUIREMENTS AND GENERAL SPECIFICATIONS ......................................................................... 13
Implementation Prior to Start-up ....................................................................................................................................... 13
Coordination Meetings ....................................................................................................................................................... 14
Innovation Clause ............................................................................................................................................................... 14
Contractor's Base of Operation .......................................................................................................................................... 14
Scavenging ......................................................................................................................................................................... 14
Promotion & Education ...................................................................................................................................................... 14
Cooperation with Demonstration Projects ......................................................................................................................... 15
Record Keeping & Reporting Requirements ....................................................................................................................... 15
COLLECTION VEHICLES ............................................................................................................................................................ 16
General ............................................................................................................................................................................... 16
Age of Collection Vehicles .................................................................................................................................•................. 16
Industry, Regulatory, Safety, Licensing & Other Standards ................................................................................................ 16
Physical and Mechanical Requirements ............................................................................................................................. 16
Compaction Vehicles for Recycling Collection .................................................................................................................... 16
Appearance of Collection Vehicles ..................................................................................................................................... 16
Daily Supply of Collection Vehicles ..................................................................................................................................... 17
Co-operative Use of Collection Vehicles ............................................................................................................................. 17
Maintenance of Collection Vehic/es .................................................................................................................................... 17
Additional Equipment for Collection Vehicle ...................................................................................................................... 18
Alternative Fuels I Green Fleet Initiatives .......................................................................................................................... 18
STAFFING ................................................................................................................................................................................ 19
Contract Supervision by the Contractor ............................................................................................................................. 19
Route Supervisor(s) ............................................................................................................................................................. 19
Customer Service Standards ............................................................................................................................................... 19
Customer Service Training .................................................................................................................................................. 19
Health & Safety Standard ................................................................................................................................................... 20
Health & Safety Training .................................................................................................................................................... 20
Personnel Llstfng ................................................................................................................................................................. 20
Code of Conduct for Employees .......................................................................................................................................... 20
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RFP 12-01, Curbside Waste Management Collection Services
8.0 COLLECTION PROGRAM SPECIFICATIONS ............................................................................................................................... 21
8.1 Collection Service ................................................................................................................................................................ 21
8.2 Estimated Number of Tonnes to Collect ............................................................................................................................. 23
8.3 Adding/Replacing Materials to Collect ............................................................................................................................... 23
8.4 Waste Collection By-Law .................................................................................................................................................... 24
8.5 Collection Locations & Numbers ......................................................................................................................................... 25
8.6 Garbage Collection at Addresses of Bulk Bins .................................................................................................................... 25
8. 7 General Operating Details for Collection ............................................................................................................................ 25
8.8 Information Line ................................................................................................................................................................. 26
8.9 Returning Containers after Emptying ................................................................................................................................. 27
8.10 Successful Proponent Not to Collect ................................................................................................................................... 27
8.11 Reporting of Non-Collectable Incidents & Use of Courtesy Stickers ................................................................................... 27
8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents ....................................................................... 28
8.13 Spillage and Litter ............................................................................................................................................................... 28
8.14 Mechanical or Oil Spills ...................................................................................................................................................... 28
8.15 Labour Dispute Contingency and Emergency Plans ........................................................................................................... 28
8.16 Processing & Disposal Locations ........................................................................................................................................ 29
8.17 Weighing of Recyclable Material ....................................................................................................................................... 29
8.18 Recycling Residue Management ........................................................................................................................................ 30
8.19 Audits and lnspectfons ........................................................................................................................................................ 3D
8.20 Special Provisions ............................................................................................................................................................... 30
8.21 Schedule of Liquidated Damages ....................................................................................................................................... 31
9.0 EVALUATION CRITERIA ............................................................................................................................................................ 33
9.1 Methodology ...................................................................................................................................................................... 33
9.2 Evaluation & Scoring of Technical Proposals ...................................................................................................................... 36
10.0 RFP SCHEDULE ........................................................................................................................................................................ 40
11.0 SUBMISSION INSTRUCTIONS .................................................................................................................................................. 41
11.1 Closing Date and Time ........................................................................................................................................................ 41
11.2 Late Submissions ................................................................................................................................................................ 41
11.3 Period of Acceptance .......................................................................................................................................................... 41
11.4 lnquiries .............................................................................................................................................................................. 41
11.5 Rights Reserved by the Municipality .................................................................................................................................. 42
11.6 Treatment of Information .................................................................................................................................................. 42
12.0 TECHNICAL SUBMISSIONS REQUIREMENTS ............................................................................................................................ 43
12.1 General ............................................................................................................................................................................... 43
12.2 Specific Requirements ........................................................................................................................................................ 43
13.0 REQUIREMENTS AT TIME OF CLOSING .................................................................................................................................... 47
13.1 Form of Proposal ................................................................................................................................................................ 47
13.2 Technical Submission .......................................................................................................................................................... 47
13.3 Financial Proposal .............................................................................................................................................................. 47
13.4 Certificate of Approval ....................................................................................................................................................... 47
13.5 CVOR ................................................................................................................................................................................... 47
13.6 Bid Deposit ......................................................................................................................................................................... 47
13.7 Letter of Agreement to Bond/Letter of Guarantee ............................................................................................................. 48
14.0 REQUIREMENTS AT TIME OF EXECUTION ............................................................................................................................... 49
14.1 Executed Bond .................................................................................................................................................................... 49
14.2 Insurance and lndemnification ........................................................................................................................................... 49
14.3 Workplace Safety & Insurance Board ................................................................................................................................. 50
14.4 Safety Policies and Procedures and Related Documentation ............................................................................................. 50
14.5 Contract Document ............................................................................................................................................................ 5D
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RFP 12-01, Curbside Waste Management Collection Services
15.0 TERMS AND CONDITIONS ....................................................................................................................................................... 51
15.1 Contract Period ................................................................................................................................................................... 51
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.17
Renewal .............................................................................................................................................................................. 51
Taxes .................................................................................................................................................................................. 51
Inflation Adjustments ......................................................................................................................................................... 51
Per Stop or Unit Cost for Contract Additions I Deletions .................................................................................................... 52
Invoices & Documentation ................................................................................................................................................. 52
Payment ............................................................................................................................................................................. 52
Monies Due to the Municipality ......................................................................................................................................... 53
Payment Prior to Start of Contract ..................................................................................................................................... 53
Interest ............................................................................................................................................................................... 53
Disputes .............................................................................................................................................................................. 53
Assignment ......................................................................................................................................................................... 53
Compliance with the Accessibility for Ontarians with Disabilities Act, 2005 ...................................................................... 53
Changes in law ................................................................................................................................................................... 54
Exclusion of Proponent in Litigation ...................... ., ........................................................................................................... 54
Exclusion of Proponent Due To Poor Performance ............................................................................................................. 54
Termination of Contract ..................................................................................................................................................... 54
16.0 FORM OF PROPOSAL. .............................................................................................................................................................. 56
Appendices
APPENDIX A.l ......................................................................................................................................................................................... 57
Bayham -Recycling & Garbage Collection Maps
APPENDD<A.2 ......................................................................................................................................................................................... 59
Central Elgin -Recycling & Garbage Collection Map
APPENDIX A.3 ......................................................................................................................................................................................... 60
Malahide -Recycling & Garbage Collection Maps
APPENDD< B.1 .......................................................................................................................................................................................... 62
Bayham -leaf & Yard Collection Maps
APPENDIX B.2 .......................................................................................................................................................................................... 67
Central Elgin -leaf & Yard Collection Maps
APPENDIX B.3 .......................................................................................................................................................................................... 74
Ma/ah/de -Leaf & Yard Collection Maps
APPENDIX c ............................................................................................................................................................................................. 75
Bulk Bin Garbage Collection Locations
APPENDIX D.1 ......................................................................................................................................................................................... 76
Bayham -Garbage & Recycling Collection Calendar
APPENDIX D.2 ............................................................................... , ......................................................................................................... 78.
Central Elgin -Garbage & Recycling Collection Calendar
APPENDIX E •••••·••••••·••••••·•••·•·••••··••••••·•···•••••••·•••·••••·•••••••• ......................................................................................................................... 80
Checklist of Requirements to be met for Proposal
APPENDIX F ...........•.•..•••..•..•........ _ ................................................... •· ...................................................................................................... 88
Acceptable Recyclable Materials
APPENDIX G ............................................................................................................................................................................................ 89
Manning Drive Material Recovery Facilty (MRF) Hours of Operation
APPENDIX H ............................................................................................................................................................................................ 90
Procedure for Off Loading Recyclables at Manning Drive Material Recovery Facility
APPEND!)( l .............................................................................................................................................................................................. 92
City of Toronto's Green/one Landfill Site Hours of Operation
APPENDIXJ ............................................................................................................................................................................................. 93
Municipal Waste Resource Materials Collection Bylaws
APPENDIX K ........................................................................................................................................................................................... 101
Anti-Idling Policy
APPENDIX L ........................................................................................................................................................................................... 102
Municipality's Code of Conduct for Employees
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RFP 12-01, Curbside Waste Management Collection Services
1.0 DEFINITIONS
The Corporation of the Municipality
Request for Proposal 11 -01
Residential Waste Management Services
In this Request for Proposal (hereinafter referred to as RFP), the following definitions apply.
The tables, packages and appendices' that are referred to in the definitions are described
elsewhere in this RFP.
The word "shall" will be construed as imperative and the word "may" as permissive.
Aluminium Food & Beverage Cans means all cleaned aluminium food and beverage
containers.
Aluminium Foll means all pie plates, tart containers, TV dinner trays, roasters, and household
foil (not contaminated with food).
Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust
emissions.
Approved Recycling Container means the container(s) the Municipality has approved for
usage by participants in the Curbside Program. Table 2 summarizes the Approved Recycling
Containers for this program. Approved Recycling Containers may include: Blue Boxes, and
plastic grocery bags (for fibres only). Please note that while the Municipality does not promote
the use of rigid containers (e.g. crates tubs, pails or baskets), residents are permitted to use
them. The successful proponent shall collect recyclables set out in rigid containers which is
similar in shape and size to a blue box.
Approved Garbage, Yard Material, and Fall Leaf Containers as specified in bylaws where
they exist. (Appendix J).
Aseptic Containers means any multi-layered beverage and food box container.
Boxboard means single layer paperboard packaging such as cereal and shoe boxes.
Municipality Clerk means the person for the time being filling the office of Clerk for the
Corporation of the appropriate municipality where the work is being completed or the person
then acting as such.
Municipality Or Corporation means the municipality where the work is being undertaken.
Municipality Solicitor means the person for the time being filling the Office of Solicitor for the
Corporation or the person then acting as such.
Collection Vehicles means the vehicles used to collect Recyclable Material, Garbage, Yard
Material, and Fall Leaves.
■ The Recycling Collection Vehicles to be used for the performance of the recycling
collection service must have fully enclosed steel bodies to prevent loss or spillage of
Recyclables. Collection Vehicles must also be mounted on an adequate truck chassis, and
they must be capable of loading and unloading Recyclables (at the Curbside residential
complexes, Municipally Approved Locations and at the Material Recovery Facility). Both
automated and non automated Recycling Collection Vehicles are allowed.
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RFP 12-01, Curbside Waste Management Collection Services
Collection Vehicles ... cont'd
■ The Packer Collection Vehicles to be used for the performance of collection of
garbage, yard material and fall leaf collection service must be mounted on an adequate
truck chassis, and they must be capable of loading and unloading garbage, yard
materials and fall leaves at the Curbside as well as the Landfill and composting facility.
Composting Facility means a facility that accepts Yard Materials and Fall Leaves as defined
in this RFP makes provision to remove contaminants from said materials and manually and/or
mechanically composts the materials. For material collected in Central Elgin, the material shall
be hauled to the White Station Operations Centre located at 42343 Fruit Ridge Line. For
Malahide and Bayham the contractor shall be required to find its own disposal site. Both
Malahide and Bayham may consider licensing a local municipal site in the future and they wish
to negotiate pricing in the future if those sites are developed
Consumer Price Index or CPI means the Consumer Price Index for Ontario, all
items(excluding gasoline), as published by Statistics Canada or a comparable successor to
such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be
discontinued in its present form.
Contract Document means the executed Legal Agreement between the Municipality and the
Contractor, the Form of Proposal, Contract Maps/Drawings, addenda incorporated in a
Contract Document before the execution of the Agreement, such other documents as may be
listed in the Agreement, and subsequent amendments to the Contract Document made
pursuant to the provisions of the Legal Agreement.
Contractor or a pronoun in place thereof means the Proponent or Proponents to whom the
Contract has been awarded and who has undertaken to carry out the work as per the Project
Specifications and the Form of Proposal. Contractor will be used interchangeable with
Successful Proponent throughout the RFP.
Corrugated Cardboard or Old Corrugated Cardboard (OCC) means any paperboard
product which consists of a rippled paper insert with paper liners bonded to the outside of the
product.
Council means the Municipal Council of any one of the three municipalities named in the RFP.
Curbside Collection Service means the service that commences at the street curb in front of
a residence, or other establishment (eg. business, school, etc), as specified in the
Specifications.
Designate means the person for the time being who has been appointed to act on behalf of
each Municipality Director of Physical Services for the purpose of administrating this proposed
Contract once executed.
Director of Physical Services during the proposal call, means the Director of Physical
Services for the Municipality of Central Elgin. After the proposal call and the contract has been
awarded means the person responsible for waste management services in each of the
respective municipalities. For Central Elgin and Malahide it shall mean the Director of Physical
Services for the respective municipality. For Bayham it shall mean the Manager of Public
Works.
Empty Paint Cans means any empty paint can with or without dried residue (lid removed), and
falls within the meaning of the definition "empty container" in the regulations made under the
Province of Ontario's Environmental Protection Act.
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RFP 12-01, Curbside Waste Management Collection Services
Empty Aerosol Cans means empty steel aerosol containers
Fine & Mixed Paper means computer paper, all white and coloured ledger paper, which
includes writing pad paper, letterhead, reports, business forms, copy paper and scratch pads,
flyers, envelopes, advertising mail, fibre egg cartons, paper cores, books, kraft paper and other
clean paper packaging.
Gable Top Cartons includes any folding top paper beverage or food container.
Garbage means all drained animal and vegetable waste material from the preparation of food,
sweepings, ashes, discarded household utensils and wearing apparel, ceramics, multi-material
products and packages, non-recyclable glass containers, dog, cat and other pet feces and litter
placed inside a sealed and leak-free bag, diapers placed in a sealed and leak-free bag, empty
dried paint cans, empty aerosol cans and other materials as designated by the Director of
Physical Services from time to time.
Glass Bottles & Jars includes all glass food and beverage bottles and jars. This will include some
Liquor Control Board of Ontario (L.C.8.0.) glass.
HDPE #2 Plastic Bottles, Jugs & Tubs means High Density Polyethylene plastic bottles, jugs
and tubs with SPI code 2.
HDPE #2 Plastic Food, Beverage & Liquid Containers means High Density Polyethylene
plastic food, beverage and liquid containers with SPI code 2.
LDPE #4 Plastic Bottles, Jugs & Tubs means Low Density Polyethylene plastic bottles, jugs
and tubs with SPI code 4.
LDPE #4 Plastic Food, Beverage & Liquid Containers means Low Density Polyethylene
plastic food, beverage and liquid containers with SPI code 4.
Leaf & Yard Materials means garden trimmings, hedge trimmings, leaves, fall leaves, brush,
and vegetable and plant matter.
Magazines & Catalogues means all magazines and catalogues bound with glue or stapled
along the spine.
Material Recovery Facility (MRF) means a facility that accepts Recyclable Material as defined
in this RFP; makes provision to remove contaminants from said recyclables; manually and
mechanically sorts the recyclables and prepares recyclables for end markets.
Missed Collection means that 14 residential units or less have been missed off of an
individual driver's Route.
Missed Route means that 15 residential units or more have been missed off of an individual
driver's Route.
Municipality means the Municipality of Bayham, Municipality of Central Elgin, or the Township
of Malahide either in a singular or collective context.
Newsprint means all newspapers including the inserts that are delivered therein.
"Open Scope" Section This Section is available to the contractor to provide any additional
services or varying the scope of services outlined in the RFP document. The contractor shall
provide a complete description of what is being proposed an provide such description in
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RFP 12-01, Curbside Waste Management Collection Services
Envelope 1 -Technical Submission. The pricing shall be included in Envelope 2 -Pricing
Submission.
#7 Plastic Food, Beverage & Liquid Containers means any layered plastic food, beverage
and liquid container with SPI code 7.
Per Stop Cost means the cost to provide services to households, businesses and locations
where waste collection services are to be provided, as specified by the Proponent.
PET #1 Plastic Bottles, Jugs &Tubs means Polyethylene Terephthalate plastic bottles, jugs
and tubs with SPI code 1 (excludes rigid clamshell containers), (existing recycling program,
Package 1).
PET #1 Plastic Food, Beverage & Liquid Containers means Polyethylene Terephthalate
plastic food, beverage and liquid containers with SPI code 1 (includes rigid clamshell
containers), (expanded recycling program, Package 2).
PP #5 Plastlc Bottles, Jugs & Tubs means clean Polypropylene plastic bottles, jugs and tubs
with SPI code 5 (existing recycling program, Package 1).
PP #5 Plastic Food, Beverage & Liquid Containers means clean Polypropylene plastic food,
beverage and liquid containers with SPI code 5.
Proponent means the Company and Company representative(s) submitting the Proposal(s) for
the Work defined by this Contract.
Proposal Document means the RFP in its entirety including any addenda.
PS #6 Plastic Food, Beverage & Liquid Containers means clear, rigid polystyrene plastic
materials such as those used for food, beverage and liquid containers such as cups, plates,
food trays with SPI code 6 (expanded recycling program, Package 2).
PVC #3 Plastic Food, Beverage & Liquid Containers means clean Polyvinyl chloride plastic
food, beverage and liquid containers with SPI code 3 (expanded recycling program, Package
2).
RFP means Request for Proposal.
Recyclable Materials or Recyclables means those materials listed within the Acceptable
Recyclable Materials to be collected (Appendix F). A definition of each individual Recyclable
Material or Recyclable has been provided in this list of definitions.
Residues mean those materials that are:
• not comprised of Recyclable Materials (as per the selected Package under section
8.1.1);
• improperly sorted; and
• excessively dirty or grimy such that the processed recyclables fail to meet market
specifications.
Rigid Container means a permitted recycling container which includes rigid plastic or metal
containers that residents may use to contain Recyclable Materials at the Curbside. Examples
of Rigid Containers are laundry baskets, pails, crates and tubs. In its communication with
residents, the Municipality will promote the use of Blue Boxes and will not promote the use of
Rigid Containers.
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RFP 12-01, Curbside Waste Management Collection Services
RoadWay means the part of a street improved, designed or ordinarily used for vehicular traffic.
Route means the pre-established number of stops, served in the same sequence, by the same
Collection Vehicle each collection cycle. The geographic area (i.e. the number of streets)
along with the number and sequence of stops to be serviced by each individual Collection
Vehicle will be those established by the Director of Physical Services/ Designate in conjunction
with the Successful Proponent prior to the launch of the Contract.
SPI Code means the Society of Plastics Industry voluntary coding system for plastic that
identifies bottles and other containers, packaging and products by predominant polymer type to
assist in the sorting of plastic by resin composition ..
Spiral Wound Containers (also called composite containers) are food containers with metal
ends with a spiral wound body made of paper and various other materials.
Steel Food & Beverage Cans means all steel food and beverage cans, empty steel paint cans
with lids removed.
Stop means a residence, business or other location identified in this RFP which will be
provided with waste collection services. A Stop is the basis on which Proponents will provide
unit pricing.
Street means a highway, road, lane, avenue, court, boulevard, square, place, crescent or other
public way under the jurisdiction of the Municipality, the County of Elgin or the Province of
Ontario.
Successful Proponent or a pronoun in place thereof means the Proponent(s) to whom the
Contract has been awarded and who has undertaken to carry out the Work as per the Contract
Specifications. Successful Proponent will be used interchangeable with Contractor.
Telephone Books means all telephone directories.
Waste means garbage and rubbish that will be placed curbside for collection, but it shall not
include non-collectable waste or resource materials such as recyclables, leaf and yard waste or
household hazardous waste.
Waste Collection Receptacles means metallic or plastic cans, polyethylene bags and metal
bins.
Work or Works (Unless the context requires a different meaning) means the whole of the
Works, materials, matters and things required to be done or supplied, mentioned, or referred to
in the Contract, including all extra or additional work or material, matters or things which may
be ordered by the Director of Physical Services/ Designate as herein provided.
Leaf & Yard Materials Receptacles means reusable metallic or plastic cans, paper yard
waste bags.
The words authorized, directed, required, requested, approved, ordered, sanctioned, and
satisfactory, unless some other meaning is obvious from the context, shall mean respectively
authorized, directed, required, requested, approved, ordered, or sanctioned by or satisfactory
to the Director of Physical Services.
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RFP 12-01, Curbside Waste Management Collection Services
2.0 CO-OPERATIVE PROCUREMENT & BACKGROUND INFORMATION
This Request for Proposals (RFP) is being issued as a cooperative procurement venture
between the municipalities of Bayham, Central Elgin and Malahide. Economies of scale in
terms of pricing and municipal staff resources as well as trying to achieve a standard level of
service across the larger geographical area are prime objectives of this cooperative
procurement initiative.
Each participating municipality represents a separate corporate entity charged with the
responsibility of purchasing and accounting for its respective portion of the proposed total.
The cancellation terms are set out in section 15.17 in this document.
The Municipalities of 8ayham, Central Elgin and Malahide (hereinafter referred to as the
Municipality) are requesting proposals to acquire the services of a Contractor(s) to:
■ Collect Recyclables from Curbside stops in the respective municipalities
(approximately 11,500 stops total) for a seven (7) year, period beginning June 1, 2012,
with the option for the Municipality to renew for two additional one (1) year period, for a
total of up to nine (9) years.
• Collect Garbage, from Curbside stops in their respective municipalities (approximately
11,500 stops total) for a seven (7) year, period beginning June 1, 2012, with the option
for the Municipality to renew for two additional one (1) year period, for a total of up to
nine (9) years.
• Collect Yard Materials, and Fall Leaves from Curbside stops in their respective
municipalities in the urbanized areas for 4 weeks in the Spring and 4 Weeks in the late
Fall. (approximately 5092 stops total) for a seven (7) year, period beginning June 1,
2012, with the option for the Municipality to renew for two additional one (1) year period,
for a total of up to nine (9) years.
The Work has been divided into different "Parts" that include some or all of the aforementioned
Work as follows; proponents can submit proposals on Parts A, 8, C, D or E.
Part A: Recycling
Collect recycling as follows:
A.1
A.2
A.3
A.4
Weekly curbside collection of recyclables in 8ayham is estimated at 2753
stops
Weekly curbside collection of recyclables in Central Elgin is estimated at
5,500 stops
Weekly curbside collection of recyclables in Malahide is estimated at 2904
stops
Weekly curbside collection of recyclables in Bayham, Central Elgin and
Malahide is estimated at 11, 160 stops
Part B: Garbage,
Collect garbage as follows:
8.1
8.2
8 .3
8.4
Weekly curbside collection of garbage in 8ayham is estimated at 2753 stops
Weekly curbside collection of garbage in Central Elgin is estimated at 5,500
stops
Weekly curbside collection of garbage in Malahide is estimated at 2904 stops
Weekly curbside collection of garbage in Bayham, Central Elgin and
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RFP 12-01, Curbside Waste Management Collection Services
Malahide is estimated at 11,160 stops
Part C: Leaf and Yard Materials,
The partner municipalities are wishing pricing on the weekly collection of Leaf and Yard Waste
within the "urbanized" areas for a four week period in the Spring and a four week period in the
Fall. Collect Leaf and Yard Materials as follows:
C.1
C.2
C.3
C.4
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard waste in Bayham is estimated at 1219
stops
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard waste in Central Elgin is estimated at 3,300
stops
Weekly curbside (four weeks in the spring and four weeks in the fall}
collection of garbage, leaf & yard waste in Malahide is estimated at 573 stops
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard in Bayham, Central Elgin and Malahide is
estimated at 5092 stops
Part D: Bulk bin collection
The partner municipalities are wishing pricing on the supply and management of bulk bin
collection at a number of private and municipally owned sites. Predominately the sites are on
municipally owned lands such as community centres, operations centers, arenas and municipal
offices. In Central Elgin there are 2 private condominium sites that require the use of bulk
collection bins due to the constraints on the property and the inability to drive a conventional
packer on the site. Typically the collection will be on a weekly basis at all sites. Given
seasonal demands, there may be a need to collect bins on a more frequent basis. The details
of these bins are included in Appendix C, where the size, location and frequency of dumping is
outlined.
Part E: Combined contract for all services
Includes all Work as described under Parts A, B, C, and D.
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RFP 12-01, Curbside Waste Management Collection Services
3.0
3.1
SCOPE
Part A: Curbside Recycling Collection Service
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of Curbside recycling collection
services within the municipal boundary of the Municipality and all related Work as described
herein. The Curbside Recycling Collection Service will operate within each municipal area as
defined by the maps entitled Recycling Collection Maps (Appendix A).
In all cases it is expected that the proposed approach for the collection of recyclables includes
the management of materials in a manner that minimizes the cost to the Municipality by
establishing an efficient collection that maximizes diversion rates as well as revenues.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect and sort recyclables at the curb into two streams (fibres and containers) from all stops
that are served by the recycling collection program. The preference is that the Recycling
collection will be on the same day as garbage collection. However, if there is a substantive cost
savings to have recycling collection on a different day as the garbage collection then this will be
considered. If the contractor is proposing different collection days for Garbage and Recycling
this should be priced in the "Open scope" section of the proposal.
b) All three municipalities have executed agreements with the City of London for the processing
and marketing of recyclables. With respect to pricing please provide pricing for each individual
municipality to deliver all sorted Recyclable Materials to the City of London, Manning Drive
Material Recovery Facility located at 3290 Manning Drive, London, ON.
The Municipality of Bayham is open to having recyclables processed and marketed at a
different location. Pricing of this work should be identified in the "Open Scope~ section of the
RFP. The type and range of materials accepted at the alternate MRF should be comparable to
that identified in Appendix F. The contractor shall state the items accepted within the recycling
stream, the location of the MRF and any revenue that the municipality could expect from the
sale and marketing of the recyclable products. In the event that Bayham accepts this pricing
and location, it shall be the responsibility of the successful contractor to secure an agreement
with the receiving MRF equal to the term of this contract. AU terms and conditions of this
agreement shall be to the satisfaction of the Munjcipality of Bayham.
c) Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as
required by the Municipality, concerning all collection program operations.
d) There will be a requirement for contractors to enter onto private property to pick up recyclables.
The properties are typically plans of condominium and mobile home parks.
3.2 Part B: Curbside Garbage Collection Services
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Curbside Garbage collection
service within the municipal boundaries and all related Work as described herein. The
Garbage collection service will operate within the municipalities as defined by the maps entitled
Curbside Garbage Collection Maps (Appendix A). The preference is that the Recycling
collection will be on the same day as garbage collection. However, if there is a substantive cost
savings to have recycling collection on a different day as the garbage collection then this will be
considered. If the contractor is proposing different collection days for Garbage and Recycling
this should be priced in the "Open scope" section of the proposal.
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RFP 12-01, Curbside Waste Management Collection Services
All three municipalities currently have separate agreements with the City of Toronto to facilitate
dumping of Garbage at the Green Lane Landfill located at 38590 Third Line, Township of
Southwold, ON .
In all cases it is expected that the proposed approach for the collection of Garbage includes the
management of these materials in a manner that minimizes the cost to the Municipality by
establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Garbage at the curb from all curbside stops, that are served by the garbage collecti on
program and deliver the material collected to Green Lane Landfill or such locations as the
Director of Physical Services may, in writing designate.
In the case of Bayham, The Municipality of Bayham is open to having garbage landfilled at a
different location other than Green Lane Landfill. A contractor may elect to landfill garbage at a
location other than Green Lane. If the contractor elects to provide an option for the disposal
landfill, pricing of this work should be identified in the "Open Scope" section of the RFP. The
contractor shall state the location of the landfill and the tipping fee attributed to the disposal of
the material. In the event that Bayham accepts this pricing and location, it shall be the
responsibility of the successful contractor to secure an agreement with the receiving landfill
equal to the term of this contract. All terms and conditions of this agreement shall be to the
satisfaction of th e Municipality of Bayham.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
c) There will be a requirement for contractors to enter onto private property to pick up garbage.
The properties are typically plans of condominium and mobile home parks.
3.3 Part C: Curbside Leaf and Yard Materials Collection Services
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Curbside Leaf & Yard
Materials collection service within the urbanized areas in the municipal boundaries and all
related Work as described herein. The Leaf & Yard Materials collection service will operate
within the municipalities as defined by the maps entitled Curbside Leaf & Yard Materials
Collection Maps (Appendix B).
In all cases it is expected that the proposed approach for the collection of Leaf & Yard
Materials includes the management of these materials in a manner that minimizes the cost to
the Municipality by establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Leaf & Yard Materials at the curb from all stops as specified, which are served by the
Yard Materials collection program, and in the case of:
a. Bayham will deliver all collected leaf & yard materials to an approved licensed location of
the contractor's desire or such locations as the Director of Physical Services may, in writing
designate.
b. Central Elgin will deliver all collected leaf & yard materials to the White Station Operations
Centre located at 42343 Fruit Ridge Line, Central Elgin, ON or such locations as the
Director of Physical Services may, in writing designate.
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RFP 12-01, Curbside Waste Management Collection Services
c. Malahide will deliver all collected leaf & yard materials to an approved licensed location of
the contractor's· desire or such locations as the Director of Physical Services may, in writing
designate.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
c) There will be a requirement for contractors to enter onto private property to pick up leaf and
yard waste. The properties are typically plans of condominium and mobile home parks.
3.4 Part D: Bulk Bin Collection of Garbage
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Bulk Bin Collection Program
for Garbage collection service within the municipal boundaries and all related Work as
described herein. The Bulk Bins will be located at municipally owned facilities including but not
limited to, community centres, municipal operations centres, libraries, and in multi-family
residential properties where operation of standard curbside collection equipment is difficult.
Bulk Bin collection service will operate within the municipalities as defined by the maps entitled
Bulk Bin Garbage Collection Maps (Appendix C).
In all cases it is expected that the proposed approach for the collection of Garbage utilizing
Bulk Bins includes the management of these materials in a manner that minimizes the cost to
the Municipality by establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Garbage from all locations, that are served by bulk collection bins and deliver the
garbage to the landfill locations as described in section 3.2a) above or such locations as the
Director of Physical Services may, in writing designate.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
3.6 Part E: Combined Services for Curbside Recycling & Garbage. Yard Materials. Fall Leaf
and Bulk Bin Collection Services
This part includes all work as described under Sections 3.1 and 3.2 and 3.3 and 3.4
3.6 PART F: Open Scope
The Open Scope section of the RFP provides complete flexibility to the contractor. Any
changes in scope from that clearly indicated in Parts 3.1, 3.2, 3.3 and 3.4 which is being
proposed by the contractor should be described and priced under section 3.6, Open Scope.
Changes in service levels that one may wish to price under the Open Scope Section include by
are not limited to biweekly collection of garbage in winter monthes for example.
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RFP 12-01, Curbside Waste Management Collection Services
4.0
4.1
4.2
COLLECTION SCHEDULE
Garbage Collection
Garbage will be collected weekly. Residents are required to put their garbage to curbside on
the day of collection prior to 7:00 am. All garbage shall be removed from curbside prior to 5:00
pm by the contractor. There is some latitude for the contractor to review the collection areas
and provide a proposal respecting when collection will be provided.
Given the seasonal and transient nature of the cottage population in Port Stanley it is
mandatory that weekly collection for Port Stanley will be provided on Monday.
In order to reduce the confusion for residents, the municipality does have a preference that the
curbside collection of recyclables and garbage will be completed weekly on the same day of
the week. However, if there is a substantive cost savings to have recycling collection on a
different day as the garbage collection then this will be considered.
Recycling Collection
Recycling will be collected weekly. Residents are required to put their Blue Box recycling to
curbside on the day of collection prior to 7:00 am. All recycling shall be removed from curbside
prior to 5:00 pm by the contractor. There is some latitude for the contractor to review the
collection areas and provide a proposal respecting when collection will be provided.
Given the seasonal and transient nature of the cottage population in Port Stanley it is
mandatory that weekly collection for Port Stanley will be provided on Monday.
In order to reduce the confusion for residents, the municipality does have a preference that the
curbside collection of recyclables and garbage will be completed weekly on the same day of
the week. However, if there is a substantive cost savings to have recycling collection on a
different day as the garbage collection then this will be considered.
4.3 Leaf and yard Waste Collection
Leaf & Yard Materials are collected during Green Weeks as listed on the Municipality's Waste
Calendar. A copy of the 2011/2012 calendar can be found in Appendix D. The Municipality(s)
will provide curbside collection of Leaf and yard waste every spring commencing the mid April
and ending the middle of May (4 weeks total) in the areas as identified in Appendix B .. In the
fall the Municipality notifies residents each October of the Green Weeks collection schedule.
The start of the collection will be weather dependant based on seasonal affects on trees etc.
Typically the collection will commence near the third week of October with the collection of Leaf
and Yard materials to be conducted weekly for four (4) weeks. Residents are required to put
their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week.
The Successful Proponent will have until Friday at 4:00 pm of Green Week to collect these
materials. The contractor shall provide weekly collection to all designated areas for four (4)
weeks in the spring and four (4) weeks in the Fall.
4.4 Statutory Holidays
For the purpose of this Contract, Statutory Holidays will be the following days:
■ New Year's Day • August Civic Holiday
■ Family Day ■ Labour Day
■ Good Friday ■ Thanksgiving Day
..■ Easter Monday ■ Christmas Day
■ Victoria Day ■ Boxing Day
■ Canada Day
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RFP 12-01, Curbside Waste Management Collection Services
4.5 Holiday Schedule Accommodation
The Municipality notifies residents each year of the collection schedule for Statutory Holidays.
Those receiving the Curbside collection services are informed of the Statutory Holiday
schedule through the Collection Calendar.
It is important to note that in the event of a Statutory Holiday falling within a given week, the
contractor shall make accommodation to ensure that every resident is provided curbside
collection of Garbage and Recyclables. Given the increased cost to man the Green Lane
Landfill and the London MRF the municipalities prefer not to collect Garbage and Recycling on
Statutory Holidays the contractor should make provisions to not collect Garbage and Recycling
on Statutory Holidays unless alternative storage of materials collected is provided by the
contractor. Such storage must be in compliance with all applicable federal, provincial and
municipal laws. In the past, the Saturday of the week that contained the statutory holiday was
used to provide this level of collection.
4.6 Hours of Work
The Successful Proponent will conduct operations so as not to create a nuisance or disturb the
peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m.
In the case of recycling collection, each designated area must be completed by 5:00 p.m. and
the recyclables unloaded at the City' of London's MRF at 3290 Manning Drive prior to 6:00 p.m.
or at the designated MRF prior to regular closing hours.
In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the
garbage unloaded at the designated landfills prior to regular closing hours of Green Lane
Landfill this is 5:00 pm.
In the case of leaf & yard materials, each Municipal Area must be completed by 5:00 p.m. and
the material unloaded at the designated processing facilities prior to closing.
Whenever the Successful Proponent desires to depart from the normal working hours specified
above (e.g. to compensate for weather conditions), approval from the Director of Physical
Services I Designate must be obtained. No Saturday or Sunday work will be permitted except
in the case of an emergency or if directed by the Director of Physical Services I Designate.
Whenever, in the judgment of the Director of Physical Services / Designate, it may be
necessary or expedient to do additional work from the day collection service at night, on
Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime
work shall be performed by the Successful Proponent without additional or extra cost to the
Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
5.0
5.1
SUCCESSFUL PROPONENT REQUIREMENTS AND GENERAL SPECIFICATIONS
Implementation Prior to Start-up
The Successful Proponent shall, within two (2) weeks of the receipt of a set of Executed
Contract Documents, submit a proposed implementation schedule to the Director of Physical
Services/ Designate for approval. This implementation schedule shall show clearly, in weekly
stages, the proposed progress of the main items such as: evidence of purchase plans for
Collection Vehicles; initiation of agreements with the sub-contractors (if any) as well as staff
recruitment and selection plans.
Collection Vehicles
A minimum of one (1) month prior to Contract start-up, the Successful Proponent will submit for
the Director of Physical Services / Designate review a finalized listing of all the vehicles to be
utilized in the collection program which includes:
■ Make,
■ Model,
■ Type,
■ Size (i.e. capacity),
■ The year of purchase for each vehicle, its life expectancy and anticipated replacement
date.
Collection Routes
A minimum of two (2) months prior to Contract start-up, the Successful Proponent will also
submit Route maps for the Director of Physical Services / Designate approval. The Route
maps are to clearly outline:
■ the Route for each truck on each collection day,
Iii the vehicle license number, route number and truck number,
■ the starting time and location for each route/truck,
■ the approximate finishing time and location for each route/truck, and
■ the location of town homes, Special consideration collections, or any other location with
special collection needs.
The Municipality will keep a copy of all route maps. The individual collection routes and
collection days will not be changed during the Contract without prior written approval of the
Director of Physical Services / Designate.
Drivers shall retain the same route and truck number for each collection day and shall
maintain a consistent collection time pattern (i.e. pass by a house at approximately the
same time each collection day).
It is the contractor's responsibility to ensure that any new, replacement or temporary collection
workers are well trained in the collection route. In the event that the driver deviates from the
approved collection route without the written approval of the Director of Physical Services /
Designate and collections are missed, the driver shall return back to the missed area/property
and collect the garbage or recycling during the same day of collection. No additional
compensation will be provided for this return.
Collection Vehicle Pictures/ Inspections
A minimum of two (2) weeks prior to the commencement of the Contract, the Successful
Proponent shall supply the Municipality with digital pictures of each collection vehicle. The
pictures will clearly show the front, rear and two sides of each collection vehicle dedicated to
the Contract.
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RFP 12-01, Curbside Waste Management Collection Services
The Director of Physical Services I Designate may elect to inspect the Contractor's fleet at the
Contractor's facility at least two weeks prior to the start of the waste management collection
service to ensure there are adequate Collection Vehicles assigned for the Contract.
Appendix E contains a checklist of all the requirements that must be met prior to start up and
their respective due dates.
5.2 Coordination Meetings
The Successful Proponent shall attend such meetings with Municipality staff as may be
required by the Municipality to co-ordinate services affected by the Contract both prior to start-
up and during the term of the Contract.
5.3 Innovation Clause
To ensure continuous improvement and best practices, the Successful Proponent shall attend
meetings bi-annually, or as otheiwise agreed upon, to present and discuss proposals for
improvements to the effectiveness (percent of material being recovered) and efficiency (net
cost of the materials recovered) of the Contract being delivered. At this time, both parties can
bring forward and discuss possible Contract amendments. Any innovation Contract
amendments will be at the sole discretion of the Municipality and agreed to by the Successful
Proponent and subject to approval by Municipality Council.
5.4 Contractor's Base of Operation
Satisfactory to the municipality, the Successful Proponent shall maintain an office or base of
operation within the geographic region during normal business hours (7:00 a.m. to 5:00 p.m.).
The office/base of operation shall be equipped with telephones, computers (with high speed
internet and email capability) and a fax machine. The Successful Proponent shall staff the site
during normal business hours, Monday to Friday to receive correspondence from the Director
of Physical Services/ Designate regarding contracting issues and to help carry out the work
and corrective actions.
The base of operation shall have adequate parking space available to accommodate the
parking requirements of the collection vehicle fleet and any other vehicles used in the
administration of the Contract.
The Director of Physical Services/ Designate may visit the Contractor's office from time to time
to participate in meetings and to ensure the that the facilities are adequately meeting the needs
of the Contract.
The Proponent shall provide information regarding their office in their Technical Submission.
5.5 Scavenging
Under no circumstances shall the Successful Proponent's staff engage in scavenging of
materials collected through the Municipality's waste collection programs or scavenge materials
at the facility designated to receive the Municipality's materials.
5.6 Promotion & Education
The Municipality will be responsible for the design, production and distribution of all required
promotion and education materials.
The Successful Proponent will participate in the operation of promotion and education
campaigns to raise recycling and waste reduction awareness within the Municipality.
Components of the promotion and education campaigns will include, but are not limited to:
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RFP 12-01, Curbside Waste Management Collection Services
contact with the public on collection routes (e.g. answering questions, providing information),
utilization of stickers etc. to identify unacceptable items placed at curbside or not properly
using was waste reduction tools such as "bag tags".
5. 7 Cooperation with Demonstration Projects
In the event a Demonstration Project is undertaken, the Municipality may suspend, delay and,
or monitor all or a portion of the Work in a defined area. The Municipality may or may not
require the Successful Proponent's workforce and, or equipment to participate in, or operate a
Demonstration Project. Should the Successful Proponent's workforce and, or equipment be
required, the basis of payment will be determined at the time of the project by the Municipality
through mutual consent with the Successful Proponent.
The Director of Physical Services/ Designate reserves the right to contract or partner with any
other person, agency or firm, for the purposes of conducting any Demonstration Project.
5.8 Record Keeping & Reporting Requirements
The Successful Proponent is to maintain a comprehensive record keeping program and submit
reports to the Director of Physical Services/Designate concerning program operations. Table 1
details the record keeping and reporting requirements and their respective due dates.
a e . econ an eoo ems . T, bl 1 R d d R rt It
RECORD or REPORT ITEM DUE DATE
Age of Vehicles Within fourteen (14) days of Report each time a Collection Vehicle is replaced either because it has exceeded the
eight (8) year mark or due to mechanical failure. the change.
Accidents
All accidents MUST be accurately documented and reported (whether minor or Immediately (within one (1) major) involving the public or damage to private or public property within one (1) hour hour of the incident). of occurrence.
Damage Claims Within two (2) business Provide written records and copies of claims (for each occurrence) where damages days of receipt of the have been sustained, and as they apply to the Contract. record or claim.
Mechanical or Oil Spills
Report any spills to the Spills Action Centre of the Ministry of the Environment (1-Immediately (within one (1)
800-268-6060) in addition to the Director of Physical Services/ Designate. hour of the incident).
Routine Collection Issues & Corrective Actions
Notify the Municipality of corrective measures taken to resolve routine collection End of Day or at a time
issues such as missed stops, broken blue boxes/carts, etc. brought to the attention of agreed by the Munlcipalfty.
the Successful Proponent by the Municipality.
Non-routine Collection Issues & Corrective Actions
Notify the Municipality of all non-routine collection issues such as incomplete routes, Immediately (within one (1)
disagreements between a resident and a collector, etc. and the proposed corrective hour of the incident).
measures to be taken in response to the issue.
Commercial Vehlcle Operator's Registration (CVOR) Annually (September) Provide evidence of a valid CVOR throughout the Contract.
Certificate of Approval of a Waste Management System
Provide evidence of a valid Certificate of Approval of a Waste Management System Annually (September)
throughout the Contract.
Resolved Claim Notification
Provide written confirmation that all claims for damages from residents were resolved 30 days following the claim
within thirty (30) days of the receipt of a claim.
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RFP 12-01, Curbside Waste Management Collection Services
6.0 COLLECTION VEHICLES
6.1 General
The Successful Proponent is required to provide appropriate collection vehicle(s) for the
fulfillment of the work in accordance with the terms of this Request for Proposal. Failure to
provide such collection vehicle(s) shall be sufficient reason to declare the Successful
Proponent in default and forfeiture of the Performance Bond to the Municipality.
6.2 Age of Collection Vehicles
All collection vehicles used in the performance of the work shall not exceed eight (8) years of
age at the commencement of the Contract and no collection vehicle, including spare collection
vehicles shall exceed eight (8) years of age during the term of the Contract.
6.3 Industry, Regulatory. Safety, Licensing & Other Standards
The Successful Proponent will have a valid Commercial Vehicle Operators Registration
(CVOR), and the Overall Safety Rating must be satisfactory (audited or unaudited). The CVOR
must be maintained in this standing with the Ministry of Transportation for the duration of the
Contract. Similarly, the Successful Proponent will also hold in good standing, a valid Certificate
of Approval for a Waste Management System with the Ministry of Environment as it is required
for waste hauling activity.
Overall, collection vehicles to be used for the performance of service must conform to all
current industry, regulatory, safety, licensing and other applicable standards as amended.
6.4 Physical and Mechanical Requirements
All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of the
materials. Collection vehicles must also be mounted on an adequate truck chassis.
6.5 Compaction Vehicles for Recycling Collection
Compacting or non-compacting vehicles may be used for Recycling Collection Service. Where
Recycling Collection Vehicles capable of compaction are in use, the Successful Proponent will
adhere to a maximum allowable compaction pressure equivalent to 2: 1 for both the container
and fibre streams.
6.6 Appearance of Collection Vehicles
The body of all collection vehicles shall be freshly painted at the Contractor's expense prior to
commencement of the work. It is expected the collection vehicles will be maintained in a rust
free condition for the duration of the contract. Throughout the contract the Municipality will
require the Successful Proponent to re-paint any or all collection vehicles not in a rust free
condition at the Contractor's expense.
The Successful Proponent will not carry advertising on the collection vehicles. Recycling and
other waste management messages may be promoted on the collection vehicles with the
approval of the Director of Physical Services / Designate.
Collection vehicles shall be freshly painted and display the Contractor's name and logo. The
Successful Proponent is required to make arrangements and supply all labour as necessary to
paint the collection vehicles.
The Successful Proponent shall ensure that each collection vehicle displays a four (4) digit
identification number of sufficient size to be easily identified on the front, rear and sides. The
last two (2) digits of the identification number shall represent the year the collection vehicle was
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RFP 12-01, Curbside Waste Management Collection Services
manufactured. Any additional collection vehicles which may be required during the contract will
also require a similar system of numbering.
The Successful Proponent shall at their own expense make arrangements for the exterior of all
collection vehicles to be washed a minimum of once a week or as directed by the Director of
Physical Services / Designate. The Successful Proponent shall also disinfect the inside and
outside of the collection vehicles on a regular basis or as directed by the Director of Physical
Services / Designate so as not to cause any offensive odours.
6. 7 Daily Supply of Collection Vehicles
The Successful Proponent shall license, operate and maintain at all times, a sufficient number
of collection vehicles to properly maintain the satisfactory standard of service provided for in
the contract.
The Successful Proponent is fully responsible for determining and providing the number of
collection vehicles required to perform 100% of each day's collection within the designated
times.
In the event of equipment breakdown, the Successful Proponent shall supply without any
unreasonable delay, sufficient alternative equipment to complete the work in accordance with
the terms of the contract.
If in the opinion of the Director of Physical Services / Designate, the Successful Proponent
does not have adequate collection vehicles to properly provide service in accordance with this
contract(s), the Director of Physical Services / Designate will have the right to require the
Successful Proponent to increase the number of collection vehicles required, as determined by
him or her, to ensure that the performance is in accordance with the terms of the contract. The
Successful Proponent shall comply with the direction and shall not be entitled to additional
compensation over and above the contract unit prices as a result of any requirements for these
additional collection vehicles.
The Successful Proponent shall have access to a sufficient number of spare collection vehicles
to dedicate to this contract to ensure that in the event of a breakdown, the collection continues
to be performed in accordance with the terms of the contract. The Successful Proponent shall
have access to at least one (1) spare recycling and one (1) spare garbage collection vehicle,
not more than five (5) years old at the start of the contract. The Successful Proponent should
consider parking spare collection vehicles in a yard within municipal limits.
6.8 Co-operative Use of Collection Vehicles
Contractors that are awarded work for more than one Municipality are encouraged to plan their
routes and make use of collection vehicles in a manner that minimizes the cost to the
Municipalities by establishing an efficient collection system. For example, Proposals that find
cost savings to the Municipality by planning routes that cross municipal boundaries will be
considered subject them to meeting the reporting requirements. For the purposes of submitting
the proposal, the contractor shall submit the price for collection under Parts A, B and C by
municipality assuming the collection days do NOT cross municipal boundaries. If the
contractor wishes to provide collection services while ignoring municipal boundaries then this
shall be done in the "Open Scope" section of the RFP document.
6.9 Maintenance of Collection Vehicles
Collection vehicles must be maintained in an exemplary condition and on a regular basis. The
Successful Proponent is responsible for the maintenance, repairs and operating costs of the
collection vehicles including fuel, lubrication, licensing, insurance, washing and storage. The
Successful Proponent will maintain a record of all maintenance services performed on the
collection vehicles and shall forward a copy of the record to the Municipality if requested.
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RFP 12-01, Curbside Waste Management Collection Services
The collection vehicles are to be properly constructed and maintained to eliminate the
depositing of debris onto the street during collection and while traveling to the Material
Recovery Facility and or to the Landfill or composting sites. Any collection vehicle found to be
depositing debris as a malfunction of the vehicle shall be removed immediately from performing
the work.
The Successful Proponent shall promptly repair all body damage such as scratches and dents
to the satisfaction of the Municipality.
The Successful Proponent shall make every reasonable effort to ensure collection vehicles are
empty of Materials at the end of the day.
The Municipality reserves the right to have any collection vehicle it deems not mechanically
sound, clean or properly labelled removed from the work until such time as the collection
vehicle is deemed mechanically sound, clean and properly labelled.
6.1 O Additional Equipment for Collection Vehicle
Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage
bags for the purpose of cleaning up any debris that has spilled while performing the work.
Each collection vehicle will also be equipped with a spill kit that shall include absorbent material
in the event of an oil, fuel, or hazardous material spill and a mat for the purpose of covering
storm and sanitary sewers covers/ catch basins in order to prevent spills to these locations.
All collection vehicles must be fitted with necessary and functioning safety devices and must be
equipped with a two-way radio. Each collection vehicle will also be equipped with a fire
extinguisher, first aid kit and reflective safety vests.
6.11 Alternative Fuels/ Green Fleet Initiatives
Consideration will be given to Proponents who incorporate alternative fuels and other green
fleet initiatives into their Proposal submission. The alternative fuels and, or green fleet
initiatives must be fully explained in the work plan submitted.
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RFP 12-01, Curbside Waste Management Collection Services
7.0 STAFFING
7.1 Contract Supervision by the Contractor
The Municipality will be provided, to the satisfaction of the Director of Physical Services /
Designate, with the email addresses and telephone numbers of the Contractor's
representatives who may be contacted at anytime, 24 hours per day, 7 days per week, on
matters relating to this contract and who shall have overall responsibility for the contract. Email
accounts must be checked at a minimum, twice per day (10 a.m. and 2 p.m.), Monday to
Saturday. This does not eliminate the need to receive routine emails, telephone calls and work
orders throughout the day.
7.2 Route Supervisor(s)
The Successful Proponent must have on duty on all collection days, (a) qualified supervisor(s),
so as to ensure a courteous, prompt and efficient service for handling complaints. The route
supervisor(s) will be available during all hours the trucks are carrying out the work. The
supervisor(s) must have a vehicle that is capable of picking up material missed by any of the
collection vehicle operators and which in the opinion of the Director of Physical Services
/Designate is the responsibility of the contractor. The route supervisor(s) will be equipped with
handheld devices which are capable of both telephone and email communication.
7.3 Customer Service Standards
Employees shall be polite, courteous and respectful towards the public at all times. The
Successful Proponent shall employ for this work, only competent and skillful workers. The
Successful Proponent shall further ensure that a high standard of service; courtesy and
consideration is exhibited in all of its dealings with residents, visitors and the general public;
and that it conducts all of its operations, including its administrative functions, with the utmost
regard for enhancing public relations; and in recognition of the need to uphold and maintain the
positive public image of the Municipality.
Specifically, the Successful Proponent shall ensure:
• worker compliance with the collection stipulations outlined for the collection contract,
• workers are well informed of the customer service standards expected of them, namely
to be professional in attitude & appearance.
7.4 Customer Service Training
All staff retained by the Successful Proponent for this contract shall have appropriate,
specialized training to ensure that they behave at all times in a polite, courteous and respectful
manner while fulfilling their duties. The Successful Proponent will use this training to help
prevent any of the following incidents from occurring:
i) staff in possession of or under the influence of alcohol, illegal narcotics or controlled
substances,
ii) unsafe practices,
iii) use of foul, profane, vulgar or obscene language,
iv) exhibiting behavior that may reasonably be considered offensive and unacceptable
customer service,
v) solicitation of gratuities or tips from the public for services performed under the contract,
vi) refusal to collect and, or handle material placed out for collection in accordance with the
contract
vii) deliberate or reckless destruction of private or public property;
viii) deliberate or reckless scattering, spilling, or disposal of collectable materials, non
collectable items, or collection containers that have been set out by program
participants;
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RFP 12-01, Curbside Waste Management Collection Services
ix) provision of any collection service by an employee who is not wearing an easily
identifiable, neat, and clean uniform; and
x) scavenging.
xi) collection of materials such as garbage that is not properly tagged.
The Director of Physical Services / Designate may bring, to the attention of the Successful
Proponent, employee performance issues or any of the obligations under the contract or
assess Liquidated Damages as noted in the Special Provisions, clause 8.24, where the
Director of Physical Services/ Designate, in his or her sole discretion, considers that any of the
above incidents have occurred.
7.5 Health & Safety Standard
The Successful Proponent acknowledges that it will ensure compliance with all Federal,
Provincial, and Municipal occupational health and safety regulations. The Successful
Proponent accepts the responsibility for the health and safety of its employees and its
Subcontractors (if Subcontractors are used) and will take all reasonable precautions for the
protection of its employees and Subcontractors.
7.6 Health & Safety Training
The Successful Proponent shall provide training for employees and Sub-contractors (if
applicable) involved with the contract. The training shall include but is not limited to, health and
safety training, training on how to operate equipment and vehicles, and emergency response
measures.
The Successful Proponent shall set up, maintain, and enforce safety policies and procedures
for the protection of its staff and other persons involved with their operations.
The Successful Proponent shall provide the Director of Physical Services /Designate, one (1)
month prior to start-up with written confirmation that all employees directly involved with the
contract have undergone a complete safety training program before undertaking any activities
for the contract. This written confirmation will be updated annually by the Successful
Proponent as new employees are engaged. The safety training shall conform to the
Contractor's policies and procedures. Documentation outlining the contractors training program
(items covered) shall be provided to the Director of Physical Services for their review and
approval. If in the opinion of the Director of Physical Services there are items missed from the
contractors training program, the contractor shall include these items and document that the
contractor's employees have been trained on the missed items.
7.7 Personnel Listing
The Successful Proponent shall provide the Director of Physical Services /Designate with a list
of management and supervisory positions, including names of persons involved in the
Collection Program operations, one (1) month prior to start-up and whenever there are
changes to the list due to changes in personnel or the addition or deletion of positions.
Included in the personnel listings will be the telephone numbers and email addresses for all
administrative and supervisory staff that will be in contact with the Municipality.
7.8 Code of Conduct for Employees
The Successful Proponent shall ensure that all employees comply with the Municipality's Code
of Conduct for Employees. As per attached in Appendix L.
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RFP 12-01, Curbside Waste Management Collection Services
8.0 COLLECTION PROGRAM SPECIFICATIONS
8.1 Collection Service
8.1.1 Parts A: Curbside Recycling Collection Service
Collection of all acceptable Recyclables (two stream: fibres, containers) shall be made every
week during weekdays only according to the routes and schedules approved by the Municipality.
The "Acceptable Recyclables" that shall be covered under this contract are listed and attached in
Appendix F. Items may be added and/or deleted from the list as required by the Municipality
during the term of the contract. There is no limit to the amount of recyclables permitted at each
stop.
Prior to the start of the contract period a standard schedule will be determined with the
Contractor to the satisfaction of the Municipality. The contractor shall conform to the schedule
that will be established for the contract period. If a change to the collection schedule is required
by the Contractor or the Municipality both parties will work together to reorganize the established
routes and provide adequate public notice where required.
Recyclables placed in Blue Boxes, or similar rigid containers, shall be collected from all dwelling
units, and any businesses and institutions identified by the Municipality to receive this service.
The Contractor shall affix and/or drop off notices supplied by the Municipality informing any non-
compliance of the Recycling Collection Program while performing collection works under the this
agreement. If the Municipality requires the Contractor to distribute notices in addition to this, the
contractor will be paid additional funds based on the contractor's hourly rate for staff at the time.
The Contractor shall deliver Acceptable Recyclables to the London MRF (or approved disposal
location) only on days and during hours as set out in Appendix G attached hereto, subject to
revision by the Municipality should the City of London want to alter the MRF's hours of
operation. The Municipality will issue at least ninety (90) days notice of intention to revise the
hours and days of operation and consult with the Contractor to determine a revised schedule.
Metric tonne recycling processing costs to be paid by the Municipality and is outside the terms
of this contract.
The MRF may require Split Weighing of any load in order to establish quantities in each
Contract Stream.
All vehicles under the ownership and/or control of the Contractor and using the MRF shall have
the driver inspect each load after it is dumped and remove all visible Non-Recyclables.
All vehicles under the ownership and/or control of the Contractor shall follow all MRF
operational protocols (e.g. unloading) and health & safety procedures while at the Facility.
The maximum allowable compaction of Mixed Containers stream received at the MRF is a ratio
of 2 or a density of 100 kg/m3, whichever is lower.
The maximum allowable compaction of Mixed Paper Fibres stream received at the MRF is a
ratio of 2.5 or a density of 375 kg/m3, whichever is lower.
The Contractor shall meet the compaction requirements for both recyclable streams.
The Contractor agrees to take all reasonable measures to delivery only "Acceptable
Recyclables'' and to deliver these materials in the correct Contract Stream. Residents will be
instructed by the Municipality of the Acceptable Recyclables and to separate Recyclables into
the two streams. If residents have set out non-Recyclables, or have not separated their
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RFP 12-01, Curbside Waste Management Collection Services
Recyclables into two-streams, the Contractor will be required to sort materials into the correct
streams and to pick out non-Recyclables and replace them back into the Blue Box at the
curbside, as well as provide documentation to the resident why the materials were left.
The "Acceptable Recyclables Materials" shall be delivered loose (not in plastic bags) to the
MRF.
Residents will be advised of Acceptable Recyclable Containers. These are listed in the Table
below.
a e : Ti bl 2 A t bl R ccep;a e ecycma on amers J" C t .
Container Bavham Central Elaln Malahide
Blue Boxes
Sizes range from 50 ✓ ✓ ✓
to 85 litre (aoorox)
JC JC JC
Recyclables in clear Contractor would tag Contractor would tag Contractor would tag
Plastic Bags and leave behind and leave behind and leave behind
Fibres excluded Fibres excluded Fibres excluded
Maximum Weight XXX XXX Xxx
JC JC ✓
360 litre cart At the Springfield
Communitv Centre
8.1.2 Parts B: Garbage. Leaf & Yard Material Collection Service
Garbage
Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of
bulky item garbage (oversized items and furniture) is not accepted. The municipality utilizes
"bag tags" to promote waste reduction while providing flexibility. No garbage should be
collected that is not properly exhibiting a current year "bag tag". If garbage is placed at curbside
utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the
bag tag.
The container limit for each Municipality is indicated below. Several materials are banned from
Curbside collection including bulky items, appliances, construction & demolition materials and
electronics.
a e : ar, aae T. bl 3 G 'b e u eawremen s StOtR t
Municipality Bayham Central Elgin Malahide
156 tags. Each 90 tags. Each 3 bags per set out
residence/business residence/business is during 2012. Bag
is provided 156 tags provided 90 tags per tags will commence
Garbage Limit per year, to use over year, to use over the in 2013 with 156 tags
the year. Annually year. Annually these per year. Annually
these will be these will be
reviewed and will be reviewed and reviewed and
ootentially reduced potentially reduced potentially reduced
• garbage bags • garbage bags Garbage: Acceptable • Bags only • garbage cans • garbage cans Containers • 40 pounds • 40 pounds • 40 pounds maximum weight maximum weight maximum weight
Exceotions No No No
Bulky items permitted No No No at curbside
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RFP 12-01, Curbside Waste M anagement Collection Services
Leaf & Yard Materlals
There is no limit to the amount of leaf & yard materials that can be set out. Individual
containers must weigh less than 22 kilograms (44 pounds) to be collected.
T, bl a e4: ea a L f&Y,rdA ccep a e on amers t bl C t .
Container Options Bayham Central Elgin Malahide
Plastic bags No No No
Compostable 'plastic-No No No style' bags
Paper Bags Yes Yes Yes
Reusable Containers Yes Yes Yes (e.g. garbage cans)
When collecting, the Successful Proponent must ensure materials collection comply with the
Acceptable Containers noted in the table above. lf set outs do not comply, the Contractor will
be required to leave an information tag on the materials
8.2 Estimated Number of Tonnes to Collect
The quantities set out in this RFP are approximate only and are for the sole purpose of
indicating to Proponents the general magnitude of the work and shall be used for the
comparison of submissions upon which the award of the contract will be made.
The Municipalities expressly disclaims any liability whatsoever arising from reliance or non-
reliance on the data provided.
The estimated quantity of recyclables to collect in the first year of the Contract (June 2012 to
May 2013) is identified in the following Table. Please note that Malahide and Bayham will be
providing an increase level of service to its residents by adding items to the blue box program
that is not currently being provided. Tonnages noted below are estimated and may increase
over time with public education and the implementation of Garbage Bag Tags.
a e . s,mae onnes o e co ec e m 1rs vear o con C . T, bl 5 E f t d Ti t b II t d . fi t f tra t
Bayham Central Elgin Malahide Total
Part A: 450 820 270 1,500 Recycling
Part B: Garbage 1330 2,550 1 875 5755
Part B: Leaf & 35 60 35 130 Yard
Part C: Bulk Bin 75 200 75 350 Garbage
It is anticipated that the quantity of recyclable may increase due to the expansion of the
program to include new recyclables.
8.3 Adding/Replacing Materials to Collect
The Successful Proponent acknowledges the following:
a) That further changes to the list of recyclable items targeted for collection may be considered at
a future point in time by the Municipality;
b) That government regulations may change requiring the mix of Recyclable Materials to change;
and
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RFP 12-01, Curbside Waste Management Collection Services
c) That other significant changes to the Recycling Program not covered in the Contract may also
be entertained by the Municipality from time to time.
The Successful Proponent agrees that should the Municipality wish to add materials to the
Collection Programs, or make significant changes to the programs as noted above, they shall
negotiate with the Municipality to determine the terms, if any, under which the Successful
Proponent shall begin collection of these materials or implement the other significant changes.
It shall be the responsibility of the Municipality to advise its residents within the collection area
of any changes to the items that can be set out for recycling and the effective date of the
change. The Successful Proponent shall, upon the effective date of the change to the
materials being collected amend its collection practice to include the new materials.
Given the increase in service levels in Bayham and Malahide it is anticipated that the tonnage
of recycling will increase in 2013. It is anticipated that the tonnage per household will be
similar to Central Elgin in 2013. After 2013 if a change in the quantity of total Recyclable
Materials collected by more than 25% (increase or decrease), per stop, in two (2) consecutive
years, or at a reduced time frame if approved by the Director of Physical Services / Designate,
may form the basis of a re-negotiation of the existing Contract.
The Municipality has the right to amend the definition of "garbage", "rubbish", ''waste", "non-
collectables" and related items at any time during the term of this contract. A change in the
definition shall be evidenced in writing with at least thirty (30) days notice prior to the effective
date of such change by the Director of Physical Services/designate to the Successful
Proponent.
It shall be the responsibility of the Municipality to advise its residents within the collection area
of any changes to the items that can be set out for collection under this paragraph and the
effective date of the change. The Successful Proponent shall, upon the effective date of the
change in the definition of any type of collectibles under the terms of this agreement, amend its
collection practice to comply with new definitions.
Given the increase in service levels for recycling in Bayham and Malahide it is anticipated that
the tonnage of garbage will decrease in 2013. It is anticipated that the tonnage per household
will be similar to Central Elgin in 2013. After 2013 if a change in the quantity of total garbage
collected by more than 25% (increase or decrease), per stop, in two (2) consecutive years, or
at a reduced time frame if approved by the Director of Physical Services/ Designate, may form
the basis of a re-negotiation of the existing contract.
A change in the quantity of total leaf & yard material collection by more than 50% (increase or
decrease), in two (2) consecutive years, or at a reduced time frame if approved by the Director
of Physical Services / Designate, may form the basis of a re-negotiation of the existing
contract.
8.4 Waste Collection By-Law
Complete details on the collection rules for residential, and businesses are provided in the
Municipal Waste and Resource Materials Collections By-laws where applicable (see Appendix
J).
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RFP 12-01, Curbside Waste Management Collection Services
8.5 Collection Locations & Numbers
The total number of locations to be served through the Collection Services at the start of the
contract is estimated below. These numbers include residential stops, businesses, non-profit
organizations, municipal facilities and schools that may participate in the collection program.
T, bl 6 N b f C II f St a e um ero o ec10n ops
Bayham Central Elgin Malahide Total
Households -1219 3300 including Springfield: 318 5092
Urban Centres villages and Port Bruce: 255
hamlets
Households 1534 1987 2331 5852
Rural
Stops in Town Included in Included in Included in Included in
Centres Urban Centres Urban Centres Urban Centres Urban Centres
above above I above above
Other stops Included Above Included Above • 360 litre carts Included Above
{schools, (recycling) at
churches, gas Springfield
stations, etc) Community
Centre
Summer Months
only (Blue
Boxes):
• Pavilion, Port
Bruce
• Cenotaph
Park,
Sorinofield
Total Collection 2753 5513 2904 11170
Stoos
These numbers should be taken as a base or estimate of the number of stops to be served by
the Contractor. The Successful Proponent will be required to continually add stops as new
communities grow.
The unit price submitted by the Successful Proponent on the Form of Proposal will be used to
calculate the incremental cost to add and delete stops to this contract. The Successful
Proponent will be compensated for the additional stops on an annual basis.
8.6 Garbage Collection at Addresses of Bulk Bins
Collection of garbage in bulk bins is required at two multi-unit residential complexes in Central
Elgin. The Contractor will be required to collect 6 yard bins from two locations of approximately
70 residences total. In addition to these locations the municipality(s) also has a number of
Bulk Collection sites on properties that they own such as municipal operations centres, offices
and community centres.
8.7 General Operating Details for Collection
8.7.1 Part A: Curbside Recycling Program
At a minimum, the method of collection:
a) must be two (2) streamed by the contractor as required.
b) must be collected with a recycling collection vehicle.
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RFP 12-01, Curbside Waste Management Collection Services
c) must be fully capable of collecting recyclable materials set out in the containers identified in this
RFP
d) must collect all recyclable material stipulated in the signed contract.
e) must ensure that when collecting from rigid containers, collection crews:
• place properly sorted (i.e. two streamed) recyclable materials into the corresponding
compartment in the recycling collection vehicle,
■ separate improperly sorted (i.e. mixed streamed) recyclable materials into the
appropriate two streams and place them into the corresponding compartment in the
recycling collection vehicle,
■ return non-recyclable material back into the Blue Box with a courtesy sticker. return the
Blue Box(es) to approximately the same location in which they were found prior to
collection, in an upside down position. Blue Boxes will be left upright when they contain
non-collectable items that have been refused by the contractor.
f) must collect items at the curbside or roadside of a public roadway in approved recycling
containers
g) must adhere to the Municipality's Anti-Idling Policy (where applicable) (see Appendix K)
h) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and
residences and, or businesses
i) must ensure collected material is transported directly to the designated Material Recovery
Facility.
8.7.2 Part B: Garbage. Yard Materials and Fall Leaf Program
At a minimum, the method of collection:
a) must be collected with a packer collection vehicle
b) must be fully capable of collecting garbage and Leaf & Yard Materials and in the Acceptable
Containers identified in this RFP
c) must collect all material stipulated in the signed contract
d) must ensure that when collecting from garbage cans, collection crews:
■ place any garbage can(s) lid(s) beside the location where the garbage can(s) are found
• return the garbage can(s) to approximately the same location in which they were found
prior to collection, in an upside down position.
e) must collect items at the curbside or roadside of a public roadway in approved containers
f) must adhere to the Municipality's Anti Idling Policy (see Appendix K)
g) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and
residences and, or businesses
h) must ensure collected material is transported directly to the designated disposal site.
8.8 Information Line
The Municipality will operate a complaint and information line during regular business hours.
Through discussion with the callers, the Municipality will determine whether missed materials
will be picked up or not, and inform the caller. Some calls may require further investigation by
the Contractor. For example, in cases where the materials were not placed in the appropriate
location by the prescribed collection start time, the caller will be instructed to store their
materials until the next collection day .. Calls that require action by the Successful Proponent
(e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to
the route supervisor for immediate action.
Municipality staff will forward service requests prompted by calls to the Successful Proponent
electronically or by telephone.
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RFP 12-01, Curbside Waste Management Collection Services
8.9 Returning Containers after Emptying
All recycling containers (i.e. blue boxes) and/or garbage cans used to set out materials will be
replaced in approximately the same location in which they were found prior to collection, but in
no case shall they be replaced on the traveled portion of the road, driveway, parking lot or the
pedestrian portion of the sidewalk. Containers will be returned in an upside down position and,
at no point, be placed as to block a driveway to a residence or business.
Care shall be used not to damage the containers during collection and the Successful
Proponent shall be responsible for all damage to blue boxes as a result of the work and will
replace the damaged container with a new one of equal size and quality and deliver it, at their
expense, to the address where the damage occurred.
If a resident or business owner indicates that a Blue Box is damaged and they wish to have it
removed, it will be collected by the Successful Proponent at the same time as the recyclables.
8.1 O Successful Proponent Not to Collect
The Successful Proponent is not required to collect;
Part A (Recycling)
• not set out in accordance with the Waste Collection By-Law(s) (see Appendix J)
• presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp
problems)
Part B (Garbage, Leaf & Yard Materials)
• not set out in accordance with the Waste Collection By-Law (s)(see Appendix J)
• presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp
problems)
• bags that are estimated to contain more than minimal amount of non-collectable
materials
The Municipality will provide the Successful Proponent with courtesy stickers which will advise
program participants of the reasons that the material set out has not been collected. Under no
circumstance will the Successful Proponent provide written information to program participants
that has not been approved and supplied by the Municipality.
8.11 Reporting of Non-Collectable Incidents & Use of Courtesy Stickers
Level 1 -Routine
The Successful Proponent shall not be required to record addresses for the routine use of
courtesy stickers. Routine use includes but is not limited to:
i) non-compliant material left behind
ii) oversized container
iii) overweight container
iv) material not properly streamed, where streaming is required (recycling only)
v) Garbage not properly tagged with current years tags (if applicable).
vi) cardboard boxes not broken down or oversized cardboard {recycling only)
Level 2 -Non-Routine
The Successful Proponent will report non-routine use of courtesy stickers. Reports will be
submitted electronically to the Director of Physical Services / Designate and will include
addresses and the nature of the problem. The reports will be submitted on a daily basis and
will include information about:
i) set-outs containing an estimated 50% or more non compliant material (recycling only)
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RFP 12-01, Curbside Waste Management Collection Services
ii) instances when the collector wishes to issue a courtesy sticker and there is no rigid
container or material on which to affix it (i.e. the participant has used only bags which
are collected as they contain less than 50% non recyclable material) (recycling only)
Level 3 -Hazardous Set-Outs
When a set-out presents a potential health risk to the collector or residents the Successful
Proponent will notify the Municipality immediately (i.e. within one (1) hour) of the address and
nature of the problem.
8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents
If the Successful Proponent misses one or more collection stops or part of a collection route or
is asked to return for a late set-out, he or she will make every reasonable effort to collect the
missed set out or late set out on the same collection day. If this is not possible, the missed or
late set out will be collected on the following working day before 9 a.m. Liquidated Damages
(Section 8.21) may apply for missed collections. What is "reasonablell or "possiblen will be
determined by the Director of Physical Services/ Designate.
8.13 Spillage and Litter
The Successful Proponent is required to clean-up spillage and loose materials resulting from
the work. The Proponent will not leave or deposit any material on any portion of the street,
sidewalk, boulevard, or other private or public property.
8.14 Mechanical or Oil Spills
The Successful Proponent will report, promptly to the Municipality, spills or discharges of
pollutants or contaminants under the control of the Contractor. Such spills or discharges and
their adverse affects are defined in the Environmental Protection Act, R.S.O. 1990 (EPA), as
amended and all regulations thereto. The Successful Proponent shall comply with the
requirements of the EPA including all notice requirements including notifying the Spills Action
Centre of the Ministry of the Environment (1-800-268-6060).
In addition to the above requirements, any collection vehicles being operated will cease
operation until the Contractor's Supervisor arrives on site. Absorbent will be laid down
immediately. As soon as the absorbent has had the desired effect, it is to be scraped from the
road or affected property. If residue still remains the Successful Proponent will apply another
layer of absorbent and repeat the process until the site is in a clean and tidy condition. Failure
to respond immediately to this kind of spill may result in damage to asphalt or other damage for
which the Successful Proponent will be responsible.
If necessary, at the Municipality's discretion, a power wash and, or blacktopping will be utilized
at the contractor's expense.
8.15 Labour Dispute Contingency and Emergency Plans
The Successful Proponent agrees to provide a written Contingency Plan as to how it intends to
perform its obligations under the contract in the event of a labour dispute, strike, slowdown or
work stoppage involving employees of the Successful Proponent who are providing the
services set out in the contract or employees of a permitted subcontractor.
The Successful Proponent also agrees to provide an emergency plan. The plan will detail
those actions which the contractor will take to deal with emergency situations such as ice
storms, extreme snow storms, floods, fire or other natural disasters that would require deviation
from normal operating procedures.
The Successful Proponent agrees to provide a copy of both the contingency and emergency
plan as part of their proposal submission at the time of closing. The Successful Proponent
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RFP 12-01, Curbside Waste Management Collection Services
agrees that these plans shall be amended as requested from time to time by the Director of
Physical Services / Designate. Further, the Successful Proponent agrees to immediately
provide the Director of Physical Services/ Designate copies of the amendments to the plans,
as such amendments are made.
8.16 Processing & Disposal Locations
8.16.1 Location of Material Recovery Facility
All recyclables shall be delivered by the Successful Proponent to the Municipality's Material
Recovery Facility located at 3290 Manning Drive, London, 5 kilometres south of the 401
highway. As noted in Section 3.1, Bayham is receptive to utilization of a MRF other than the
London MRF. The proponent shall clearly identify in their proposal the location of the MRF
being proposed for Bayham
8.16.2 Location of Landfill Sites
All garbage shall be delivered by the Successful Proponent to Green Lane Landfill, 38590
Third Line, Southwold Township. As noted in Section 3.2, Bayham is receptive to utilization of
a Landfill other than Green Lane if it is cost beneficial. The proponent shall clearly identify in
their proposal the location of the MRF being proposed for Bayham.
The Successful Proponent shall not bear any charge for tipping waste related to this contract at
the aforementioned sites.
8.16.3 Location of Composting Site for Leaf & Yard Materials
All curbside leaf & yard materials shall be delivered by the Successful Proponent to the
following processing facilities:
Bayham leaf & yard materials will be delivered to a licensed facility at the proponent's
discretion and approved by the Director of Physical Services:
Central Elgin leaf & yard materials will be delivered to: White Station Operations Centre, 42343
Fruit Ridge Line, Central Elgin
Malahide leaf & yard materials will be delivered to a licensed facility at the proponent's
discretion and approved by the Director of Physical Services:
The Successful Proponent shall not bear any charge for tipping leaf & yard materials related to
this contract at the aforementioned sites.
8.17 Weighing of Recyclable Material
Unless permission is obtained from the Director of Physical Services / Designate, all collected
materials must be weighed separately for each route in each zone.
All collection vehicles carrying materials collected under the terms of this contract must cross
the weigh scales and be weighed. The vehicle must clearly display the identification number
supplied to the Municipality so that it can be easily recorded by the scale house operator. The
driver of the collection vehicle must provide the collection zone and route number to the scale
house attendant.
The Successful Proponent agrees to follow the procedure for off-loading materials at their
designated site (Material Recovery Facility, Landfill or Composting Facility) as outlined in
Appendix H. In the event that the proponent delivers material to a site other than that
designated in this proposal (i.e. In the case of Bayham), it is the responsibility of the contractor
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RFP 12-01, Curbside Waste Management Collection Services
to follow the procedures of that site. The municipality will not assume any responsibility or
liability as a result of the contractor not following the specific procedures of the receiving
facility.
8.18 Recycling Residue Management
The collection crews will make every reasonable effort to ensure that the collections are
consistent with the specifications outlined in the Contract.
The allowable contamination rate for two-stream recycling collection is less than 3%. This
means 97% or more of the materials, by weight, in the fibre compartment of the truck must be
recyclable fibre materials, and 97% or more of the materials, by weight, in the container
compartment of the truck must be recyclable container materials. If the residue rate is 3% or
greater, the Municipality will be entitled to Liquidated Damages, Section 8.21, as described
under Special Provisions in Section 8.20 Special Provisions.
8.19 Audits and Inspections
At any time during each month of the contract, the Director of Physical Services/ Designate
may:
,11 Conduct periodic waste audits of the material being collected to determine the amount
of non-compliant material being set out at the curbside.
• Survey any of the contractor's collection vehicles during collection to ensure the
contractor's collection vehicles and the method of collection are in compliance with the
requirements of the contract and any other legislation.
• Conduct audits on the incoming loads from recycling collection vehicles to ensure that
residual levels are at an acceptable level. The audits shall be completed at the
discretion of the Director of Physical Services / Designate and the load(s) selected for
the audit(s) will be inspected by an auditor designated by the Director of Physical
Services / Designate to determine the actual contamination rate for the particular
calendar month. If the contamination rate is greater than the allowable rate specified in
the RFP, the Successful Proponent will pay for the cost of the audit.
8.20 Special Provisions
The Successful Proponent acknowledges that the Municipality will experience increased
administrative and operational costs in the event of the Successful Proponent's non-
performance or poor performance of its contractual obligations. Accordingly, the parties agree
that in view of the difficulty of ascertaining the actual losses which the Municipality will suffer by
reason of the non-performance or poor performance of the Successful Proponent's contractual
obligations, and in view of the fact that the accumulated effect of repeated incidents of non-
performance or poor performance will increase costs to the Municipality, the parties hereby
agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said
non-performance or poor performance, and not as a penalty, the amounts as set out in Sub-
section 8.21 of this RFP. The Municipality will assess liquidated damages for each instance of
non-performance of poor performance identified in Section 8.21.
The Municipality may deduct and retain the amounts of such liquidated damages out of the
monies that may be due or become due to the Successful Proponent under the Contract, i.e.
deduction from the monthly invoice. The Director of Physical Services / Designate at its sole
discretion may determine whether liquidated damages are to be applied. The Successful
Proponent agrees to abide by the schedule of Liquidated Damages.
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RFP 12-01, Curbside Waste Management Collection Services
The Successful Proponent shall pay the Municipality the indicated amount per incidence of
non-performance or poor performance on a monthly basis. Annually the number of incidences
shall be accumulated. At the end of each fiscal year the number of accumulated incidences
will start at zero again. The liquidated damages payable under this section are in addition to
and without prejudice to any other remedy, action or other alternative that may be available to
the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated
damages shall not prevent the Municipality from recovering from the Successful Proponent the
amount of any damages incurred by the Municipality over and above the amount of the
liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures
taken to ensure that the work is completed).
8.21 Schedule of Liquidated Damages
RFP
The municipality accepts and acknowledges that with any new contract start up there will be
areas/collections missed. Due to this it is not the intent of the Municipality to charge liquidated
damages during the first three (3) months of the contract for missed collections. After the three
(3) month start-up period, the municipality reserves the right to impose liquidated damages as
outlined in Table 7 for problematic levels of service provided by the contractor.
In addition to the start up period there will be times (seasonal) when quantities may be
excessive or weather conditions are problematic which may cause delay or missed collections.
In this instance, and at the discretion of the Director of Physical Services, the municipality may
not impose liquidated damages. It will be expected that in the event of missed collections the
contractor will re-attend the properties missed and collect the material without delay and
request for additional payment.
T, bl 7 L. "d t d D a e -1qw a e amaaes
Reference Incident Liquidated Damages
4.6 Failure to perform collections within $100 / day, per route specified hours of work
Failure to complete day's work (i.e. work $500/ $1,000 I route on the $1,500 I
4.6 &8.16 carried over to the following day and/or 15 2nd consecutive route on the 3rd consecutive
or more residential units missed). route collection day collection day
5.9 & 8.15 Failure to meet the Record Keeping & $500 / incident Reporting requirements.
6.5 Failure to comply with compaction ratio or $500 /truck weight limits.
Using vehicles dedicated to use under this
Contract Agreement to collect waste $500 / truck on $1,000 I truck on $1,500 I 6.8 material from a Private Account or making the 1st incident the 2nd incident truck on the 3rd incident collections at other locations not approved
bv the Municioalitv.
7.3& 7.4 Failure to meet the Customer Service $100/ incident Standards.
7.5 & 7.6 Failure to meet the Health & Safety $500 I truck on $1,000 I truck on $1,500/
Standards the 1st incident the 2nd incident truck on the 3rd incident
7.2 Failure to respond to complaints as
8.12 directed by the Director of Physical $100/ incident
8.13 Services I Designate (e.g. replace damaged
blue box).
Failure to return for Missed Collection as
8.16 directed by the Director of Physical $100/ incident Services / Designate for less than15
residential units missed per day.
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RFP 12-01, Curbside Waste Management Collection Services
RFP Incident Liquidated Damages Reference
8.11 Failure to meet the General Operating $100/ incident Details for Collection.
Failure to follow Off Loading Procedures
AppendlxH at the Material Recover Facility, Landfill or $100/ incident
Composting Facility.
8.22 Failure to meet the Residue Management $500 per load requirements.
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RFP 12-01, Curbside Waste Management Collection Services
9.0
9.1
EVALUATION CRITERIA
Methodology
The evaluation of Proposals will be conducted by an Evaluation Committee consisting of
representatives of the Municipality, in accordance the Municipality's Procurement of Goods and
Services Policy and the procedures described in this RFP.
The Municipality may be assisted by, and may consult with, various technical, financial and
legal advisors in relation to any or all aspects of this RFP. The appointment of, and
consultation by the Municipality with, any one or more of these advisors or consultants will be
at the Municipality's sole and absolute discretion. The Municipality may use any such advisors
and consultants in any way it, in its discretion, considers useful. All decisions on whether a
submission to the RFP meets (or to what degree it meets) the stated requirements are
decisions within the consensus of the Evaluation Committee.
Proponents are advised that any and all determinations and decisions made on behalf of
the Municipality relating to this RFP and any submissions by Proponents, including
without limitation, whether the submissions meet the Mandatory Requirements and the
extent to which scoring and points are awarded, are within the Municipality 's sole and
absolute discretion and are final and binding without appeal whatsoever.
The Municipality reserves the right to request clarification information from Proponents on the
content of their proposal at any time(s) after the RFP submission due date, including during the
evaluation stage. The Municipality reserves the right at its sole discretion, to hold clarification
meetings with some or all of the Proponents, including during the evaluation stage. All
correspondence related to clarifications must be in writing. The Municipality is under no
obligation to request that a Proponent provide missing or deficient information.
Proposal evaluation and selection of a preferred Proponent by the Municipality will follow a 5 -
step process:
• Step 1 -Opening of the Technical Proposals and the screening for Specified
Mandatory Requirements.
• Step 2 -For submissions meeting the Specified Mandatory Requirements, detailed
Evaluation and Scoring of the Technical Proposals.
• Step 3 -For submissions scoring 80% or higher on their Technical Proposal, opening
of the Sealed Financial Proposals.
• Step 4 -For Proposals reaching Step 3, determination of a combined technical and
financial score out of 100. The combined technical and financial score out of 100 will
be a weighted score based on a weighting of 45% for the Technical Proposal and 55%
for the Financial Proposal.
• Step 5 -The best score from Part A, Part B, Part C and Part D will be evaluated and
compared to the best scores from Part E to determine the preferred Proponent(s).
Additional details on each of the above four steps are provided below.
9.1.1 Step 1 -Screening of Proposals for Specified Mandatory Requirements
a) The purpose of this step is to screen out submissions that do not meet the Specified Mandatory
Requirements (i.e. procedural and financial requirements). Proposals not clearly meeting the
Specified Mandatory Requirements will be deemed non-responsive and will be given no further
consideration.
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RFP 12-01, Curbside Waste Management Collection Services
b) The Specified Mandatory Requirements are both procedural and financial.
The mandatory procedural requirements include:
i. A sealed Technical and a separately sealed Financial Proposal submitted on the
supplied Forms in the Financial Proposal.
Please Note: The Technical Proposal must not contain any price information. If more
than one corporate entity is involved in the Proposal; the arrangements between the
various entities must be clearly explained.
ii. A copy of the Proponent's CVOR Abstract.
Please Note: The Proponent must ensure that their CVOR permit is in good standing
both at the time of submission and at all times during the Contract if selected as the
Successful Proponent. Proponents with a CVOR record in excess of 70% of the
Provincial threshold or who have had an Overall Safety Rating below satisfactory
(audited or unaudited) will not be awarded the Work outlined in the RFP. A copy of the
CVOR Abstract shall be provided in the Technical Submission
iii. A copy of the Proponent's Certificate of Approval of a Waste Management System.
Please Note: A Certificate of Approval of a Waste Management System is required for
waste hauling. A copy of an Certificates of Approval or Licensing shall be provided in
the Technical Submission
The mandatory financial requirements include:
i. The Bid Deposit, as specified in Section 13.6.
ii. Letter of Agreement to Bond/Letter of Guarantee, as specified in Section 13.7
9.1.2 Step 2-Detailed Evaluation and Scoring of Technical Proposals
a) Only Proposals that have met all of the Specified Mandatory Requirements of Step 1 of the
evaluation process will proceed to Step 2.
b) Proposals will first be evaluated on technical merit without reference to cost or exceptions.
Technical evaluations will be based on the criteria listed below. Technical Proposals will be
scored out of 100% in accordance with the following criteria and weights:
• Criterion 1. Project Team Experience and Capability: 30%
• Criterion 2. Operational Details: 60%
• Criterion 3. Proposal Quality: 10%
Proponents must achieve a minimum score of 75% in both Criterion 1 and 2 in addition to an
overall combined score of 80% or greater for criterion 1, 2 & 3.
c) Step 2 may include written requests for clarification from selected Proponents to obtain
comparable information required for decision-making. Step 2 may also include a request for a
clarification presentation from one or more Proponents and such a request does not oblige the
Municipality to request a presentation from all Proponents. Requested references in the RFP
will be used to validate information provided by the Proponent.
d) Each criterion will receive a consensus score (see Section 9.2 for a complete listing of the
items being evaluated).
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RFP 12-01, Curbside Waste Management Collection Services
9.1.3
9.1.4
a)
9.1.5
Only those Technical Proposals that achieve an overall technical score of 80% or greater will
have their Sealed Financial Proposal envelopes opened. The Sealed Financial Proposal
envelopes for those Proponents not receiving a minimum technical score of 80% will not be
opened and will be retained by the Municipality.
Step 3 -Opening of Financial Proposals
At this step of the evaluation process, the Sealed Financial Proposals will be opened for only
those Technical Proposals that achieved the required minimum technical score of 80% in Step
2.
Step 4-Determination of Combined Technical and Financial Scores
For those Proposals that reached Step 3, the technical score will be combined with the
financial score to determine a combined technical and financial score out of 100. The
combined technical and financial score out of 100 will be a weighted score based on a
weighting of 45% for the Technical Proposal and 55% for the Financial Proposal. The
Proponent with the highest combined score would be recommended as the preferred
Proponent.
Step 5 -Comparison of Combined Technical and Financial Scores
The best score from Part A and Part B will be combined using a weighted average (two-thirds
for Part A and one-third for Part B) and compared to the best score from Part C to determine
the preferred Proponent(s).
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals
CRITERIA DESCRIPTION
A. EXPERIENCE
The evaluation will consider the Proponent's general waste
management experience over the past 10 years including the following:
• The experience to undertake the collection service(s) as specified in
the RFP document
• Value of past and current contracts
• Size of past and current contracts (number of units served, weekly
tonnages)
• Operational year and duration of contracts (including any
extensions)
B. REFERENCES
The evaluation shall consider reference information received by the
Municipality , based on the Proponent's past and current waste
management activities over the past 1 O years, as well the Proponent's
prior record as a contractor to the Municipality (if applicable).
C. STAFF REQUIREMENTS
The evaluation shall consider the Proponent's management capability
to perform the services required. The evaluation shall consider the
experience of the following key management employees:
• Senior executive staff
• Contract Manager/Supervisor
• Designated fleet manager(s) & Route Supervisor(s)
• Staff requirements for the contract administration & collection
operations
D. SIZE
The evaluation will consider the size of the Proponent's company or
organization including the following:
• Waste Management facilities in Ontario and Canada
• Size of current collection fleet in Ontario and Canada
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
2.0 OPERATIONAL DETAILS
2.1 VEHICLES
A. TYPE OF VEHICLE(S) AND EQUIPMENT
The Proponent shall provide information on the type of vehicle(s) and
equipment to be utilized for the work specified in the RFP. Criteria to
evaluate vehicle(s) and equipment include the following:
• Make and model of vehicles and the services to be provided by
the Collection Vehicles
B. QUANTITY AND SIZE
The Proponent shall provide information on the quantity and size of
the Collection Vehicles to be utilized for the Work described in the
RFP. Criteria to evaluate the vehicles includes the following:
• Number of collection vehicles and equipment to carry out the
Work as defined in the RFP
• Sufficient information provided on spare vehicles and equipment
to carry out the work as defined in the RFP collection program,
including adequate numbers, types and colour to carry out the
work as defined in the RFP
• Capacity of Collection Vehicles
• Compartment capacity of Recycling Collection Vehicles (if
applicable
C. AGE
• Age of the vehicles to be used during the Contract
D. FUEL AND ENVIRONMENTAL ISSUES
Incorporation of environmental considerations in the Proponent's
Proposal such as:
• Alternative Fuels
• Green fleet initiatives
E. ONE CONTRACTOR FOR ALL PARTS (A,B,C,D)
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
2.0 OPERATIONAL DETAILS CONTINUED
2.2 WORKPLAN
A. The Proponent shall provide information on the proposed Work Plan
to be used for the services outlined in the RFP. Criteria to evaluate
the Work Plan include the how service will be provided, estimated
number of stops per route, etc.
B. Organizational structure and staffing plan including number of staff
C. FLEXIBILITY OF WORK PLAN
• Flexibility to accommodate changes in legislation that potentially
could change service delivery
• Flexibility to respond to fluctuations in recycling streams, in both
quantity and type.
D. VEHICLE MAINTENANCE PLAN
• Information on Commercial Vehicle Operator's Registration (CVOR)
E. CONTINGENCY PLANS THAT ADDRESS:
• Bad weather resulting in inability to complete day's route .
• Collection vehicle failure resulting in inability to complete the day's
route.
• Labour Dispute by the Proponent's employees or the employees
of the sub contractor.
• Increased material quantities in early January due to Christmas
holidays and longer period between collections due to the different
day collection cycle.
2.3 PROPONENTS FACILITIES
A. The Proponent shall provide information on Facilities to be utilized for
the Work specified in the RFP. The evaluation will consider the
sustainability of the proposed Facilities, travel/response time for
vehicle maintenance and contingency plans to address collection
delays/response times if the Facilities are not located in London. The
evaluation will also consider if the Facilities satisfactorily meets the
locations and size requires for the office(s) and yard for offices and
yard for storage of the fleet
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
3.0 PROPOSAL QUALITY
A. CLARITY
The Proposal clearly identifies the scope of work offered and clearly
describes how the Proponent proposes to satisfy the requirements set
out in the RFP. All information is complete and presented in a clear,
concise, and well-organized manner. The Proponent has provided a
clear table of contents for proposal submissions and/or forms for
completion particularly for significant elements.
B. UNDERSTANDING THE MUNICIPALITY'S REQUIREMENTS
The Proposal demonstrates an understanding of specific goals and
objectives as described in the RFP. The Proponent demonstrates a
clear commitment in terms of assigning resources to fully support the
Projects described in the RFP.
TOTAL PROPOSAL QUALITY SCORE
--· -----
---=
1.0 PROJECT TEAM EXPERIENCE & CAPABILITY
2.0 OPERATIONAL DETAILS SCORE
3.0 PROPOSAL QUALITY
OVERALL TOTAL
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RFP 12-01, Curbside Waste Management Collection Services
10.0 RFP SCHEDULE
The following is a tentative schedule to assist Proponents:
EVENT DATE
Mandatory Proponent Information meeting Monday February 13th, 2012 at 10 am, Central Elgin
Office 450 Sunset Dr.
Deadline to receive Enquiries Monday February 20, 2012 at 4 pm
Proposal Close Tuesday February 28, 2012 at 2 pm
Evaluation of Proposals Submissions Week of February 28, 2012
Presentation and Interviews, if r~guired March 6th, 2012, , South Dorchester Community Hall,
Lyons.
Award of Proposal by Municipal Councils Week of March 1stti, 2012
Contract start June 1, 2012
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RFP 12-01, Curbside Waste Management Collection Services
11.0 SUBMISSION INSTRUCTIONS
11.1 Closing Date and Time
Proponents are required to submit one (1) signed original and four (4) copies of the Request for
Proposal in a sealed envelope clearly identified as Request for Proposal 12-01 Curbside
Waste Management Collection Services to:
Lloyd J. Perrin, Director of Physical Services
c/o The Municipality of Central Elgin
450 Sunset Drive, 1st Floor
ST. THOMAS, ON
NSR 5V1
or hand delivered (in person or by courier) to:
Lloyd J. Perrin, Director of Physical Services
c/o The Municipality of Central Elgin
450 Sunset Drive, 1st Floor
ST. THOMAS, ON
N5R 5V1
Respondents are solely responsible for ensuring bids are received by the Municipality of
Central Elgin prior to 2:00 pm, Tuesday February 28th, 2012 Failure to submit a signed
original of the Form of Proposal will result in your proposal being rejected
11.2 Late Submissions
Proposals received later than the specified closing time will be returned, unopened, to the
proponent.
11.3 Period of Acceptance
The Proposal submission is to remain firm for acceptance for a period of one hundred-eighty
(180) days froni the date of closing.
11.4 Inquiries
a) Inquiries regarding this RFP are to be directed by email to:
Lloyd J. Perrin, Director of Physical Services,
Municipality of Central Elgin
/perrin@centralelgin. orq
Inquiries must not be directed to other staff or elected officials of the Municipalities. Directing
inquiries to other than the person noted above will result in your submission being rejected.
b) All inquiries are to be sent in writing to the individual mentioned above. No clarification
requests will be accepted by telephone. Responses to clarification requests will be provided to
all Proponents in writing in the form of Addenda which will circulated to proponents by email
only.
b) The Municipality assumes no responsibility for any verbal (spoken) information from any
Municipality staff or from any Consultant firms retained by the Municipality, or from any other
person or persons who may have an interest in this Proposal. Amendments or changes to this
Proposal prior to the closing date and time stated herein will only be in the form of written
addenda and said addenda will be issued by the Purchasing & Supply Team of the
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RFP 12-01, Curbside Waste Management Collection Services
Municipality. Any Addendum will be sent to each proponent by email. It is the Proponent's sole
responsibility to ensure that it has reviewed and informed itself of any posted Addendum.
FAILURE TO ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE FORM OF
PROPOSAL WILL RESULT IN YOUR BID BEING REJECTED
d) Each Proponent must review all proposal documents and promptly report and request
clarification of any discrepancy, deficiency, ambiguity, error, inconsistency, or omission
contained therein. Any such request must be submitted to the Municipality in writing, by email,
prior to 4 p.m. February 20th, 2012
e) Where a request results in a change or a clarification to the proposal, an Addendum will be
prepared and issued. No Addendum will be issued within the forty-eight (48) hours prior to
closing -not including Saturdays, Sundays and Statutory Holidays observed by the Municipality
11.5 Rights Reserved by the Municipality
a) The Municipality is not liable for any costs incurred by the Proponent in the preparation of their
response to the RFP or selection interviews, if required. Furthennore, the Municipality shall not
be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or
suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-
acceptance by the Municipality of any proposal, or by reason of any delay in the award of
the proposal.
b) The lowest proposal wlll not necessarily be accepted. The Municipality reserves the right to
accept/reject any or all proposals and/or reissue the RFP in its original or revised form.
c) The Municipality reserves the right to request specific requirements not adequately covered in
their initial submission and clarify information contained in the RFP.
d) The Municipality reserves the right to modify any and all requirements stated in the RFP at any
time prior to the possible awarding of a contract.
e) The Municipality reserves the right to cancel this RFP at any time, without penalty or cost to the
Municipality. This RFP should not be considered a commitment by the Municipality to enter into
any contract.
f) In the event of any disagreement between the Municipality and respondent regarding the
interpretation of the provisions of the RFP, the Manager of Purchasing and Supply or an
individual acting in that capacity, shall make the final determination as to interpretation.
11.6 Treatment of Information
a) The information submitted in response to this RFP will be treated in accordance with the
relevant provisions of the Municipal Freedom of Information and Protection of Privacy Act.
The information collected will be used solely for the purposes stated in this request.
b) The Proponent does, by the submission of a proposal, accept that the information contained in
it will be treated in accordance with the process set out in this section of the RFP.
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RFP 12-01, Curbside Waste Management Collection Services
12.0 TECHNICAL SUBMISSIONS REQUIREMENTS
12.1 General
a) The Municipality is requesting proposals from firms who are both interested and capable of
undertaking the project.
b) The onus is on the Proponent to show their knowledge, understanding and capacity to conduct
the work outlined in the RFP.
c) The responses will be assessed according to how well they assure the Municipality's success
in relation to the submission requirements. The detail and clarity of the written submission will
be considered indicative of the Proponents expertise and competence.
d) All information provided in response to this RFP must contain sufficient detail to support the
services being proposed. Incomplete submissions will not be considered.
e) All prices must be stated in Canadian funds. Prices must also be inclusive of customs, duty
and freight.
12.2 Specific Requirements
Your proposal submission must include the following information (detailed in Section 12.2.1
through 12.2.7 below) for each part of Work being proposed. If the information differs between
Parts the exceptions or additional information must be so noted.
1. Experience & References
2. Staff Requirements
3. Subcontractors
4. Proponent's Company Size
5. Vehicle Information
6. Work Plan
7. Proponent Facilities
12.2.1 Experience & References
The Proponent is to describe their general waste management experience in Ontario over the
last ten (10) years that has prepared them to undertake waste management collection
particularly recycling, garbage, yard material, and fall leaf collection services as specified in the
RFP document (no more than one (1) page).
The following information is to be included for past and current waste management collection
service contracts over the last ten (10) years. Please only include information for contracts.
For non-applicable items, indicate NIA The Municipality shall not be included in the list of
previous or current contracts.
• Client Name, Address, Contact Name and Phone Number
• Services Provided including frequency i.e. weekly, bi-weekly
• Number of units serviced and weekly tonnage collected
• Service Responsibilities
• Collection Methods i.e. manual, automated, semi-automated
• Operational year(s) and duration of the contract, including contract extensions
• Vehicle Information, i.e. number, type
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RFP 12-01, Curbside Waste Management Collection Services
• Number of Employees
• Approximate annual value of the contract
• Involvement of Subcontractors, if applicable
• Additional information, i.e. management of other contracts of similar size and scope, be
sure to include dates of service and customer contact info
The Municipality reserves the right, in its absolute sole discretion, to contact one or more of the
named contact persons to receive reference information for evaluation purposes. The
Municipality may also contact other representatives of the same company or organization for
whom the work was performed by the Proponent. The Municipality may contact
representatives in municipalities that are not listed as references where the Proponent has held
contracts. Where applicable, the Municipality will also consider the prior record of the
Proponent as a contractor to the Municipality when evaluating reference information.
12.2.2 Staff Requirements
The proponent is to include information on their management capabilities to perform the Work
as specified in the RFP. The evaluation shall consider the experience of key management
employees and the staffing requirements for the Contract. The following information must be
included:
• Senior Executive Staff
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Contract Manager/Supervisor
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Designated Fleet Manager(s) & Route Supervisor(s}
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Contract Administrative Staff
o Number of staff
o Responsibilities
• Collection Service Staff
o Total number of staff, number of full-time employees, number of temporary
employees, number of Collection Vehicle operators (drivers), number of
collection staff (throwers)
12.2.3 Subcontractors
Proponents are to provide a listing of all subcontractors, their address and telephone number
and the scope of work they will be performing for the Contract.
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RFP 12-01, Curbside Waste Management Collection Services
12.2.4 Proponent's Company Size
The submission must provide a description of the Proponent's company or organization which
is to include the following information:
• current waste management facilities in Canada;
• current waste management facilities in Ontario;
• current waste collection fleet size in Canada;
• current waste collection fleet size in Ontario, and
• any additional information that may be relevant.
12.2.5 Vehicle Information
The following information is required in regards to the quantity and size of vehicles to be used
in performing the Work specified in the RFP. If the fleet differs between the Parts of Work (A
through E) the differences need to be clearly identified (i.e. Part A, Option 1, etc.).
• Collection Vehicles:
o Make(s)
o Model(s)
o Type
• Total number of Collection Vehicles:
o Total number of used Collection Vehicles in the proposed fleet (excluding
spares). Please include the age of these Collection vehicles as the start of the
contract.
o Total number of spare Collection Vehicles to be available to carry out the work.
Please also indicate the age of each spare vehicle as the start of the contract.
o Number of other vehicles to be used to carry out the work (i.e. pick-up truck(s)
for Route Supervisor)
• List and describe any other equipment to be used to carry out the work
• If applicable, capacity of fibre and container compartments of the Recycling Collection
Vehicles (tonnes, volume)
• Overall maximum capacity of Collection Vehicles for each service (tonnes, volume)
• Approximate material density (taking into account compaction if compacting vehicles
are used)
• Describe the green fleet initiatives (if any) to be undertaken in carrying out the Work
• If Alternative Fuels are to be used in carrying out the Work please indicate which fuel
will be used
• Additional information
12.2.6 Work Plan
A detailed Work Plan must be included for all Parts of Work identified in the RFP. The Work
Plan should include but is not limited to the following information:
• Description of the implementation schedule, including but not limited to, Collection
Vehicle purchase timeframe, staff hiring, etc.
• Description of how service will be provided, estimated number of routes, estimated
number of trucks per routes, estimated number of trucks for each zone and estimated
number of stops.
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RFP 12-01, Curbside Waste Management Collection Services
• Staffing plan including the number of staff, their roles and responsibilities and reporting
relationships.
• Description of the Vehicle Maintenance Plan including but not limited to all items listed
on the CVOR reports (i.e. vehicle service requirements, frequency of service, etc.)
• Flexibility of Work Plan. Outline how your company will accommodate a variation in
quantity and, or type of material collected or changes in legislation affecting collection,
etc. Historically the Municipality sees increased quantities around the holidays due to
longer periods between collections due to the different day collection cycle (i.e. early
January due to Christmas}
• Contingency Plan. Outline method(s) to deal with situations including:
o Labour disputes, etc., and emergency (ice storms, natural disasters)
o Bad weather resulting in poor driving conditions and subsequent inability to
complete day's route
o Collection vehicle failure resulting in inability to complete the day's route
12.2. 7 Proponent Facilities
Proponents are to describe the facilities to be utilized for the work specified. Information such
as location and size should be included for the office, yard (for fleet storage), vehicle
maintenance and any other facilities to be used for the contract. Additionally, specify if the
facility is owned or leased.
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RFP 12-01, Curbside Waste Management Collection Services
13.0 REQUIREMENTS AT TIME OF CLOSING
Proponents are required to submit the following data with their proposal. FAILURE TO DO SO
SHALL RESULT IN THE PROPOSAL BEING REJECTED.
1. Form of Proposal
2. Technical Submission
3. Financial Proposal
4. Certificate of Approval
5. Commercial Vehicle Operators' Registration (CVOR)
6. Bid Deposit in the amount of 10% of the Year 1 total proposed price
7. Letter of Agreement to Bond/Letter of Guarantee
13.1 Form of Proposal
The Form of Proposal provided must be completed in ink, signed and returned in a sealed
envelope clearly marked with the name and address of the Responder, Title of File and File
Number.
13.2 Technical Submission
The Technical Submission (as detailed in Section 12) is to be provided in a separate sealed
envelope clearly identified as Technical Submission.
13.3 Financial Proposal
The Financial Proposal is to be submitted in a separate sealed envelope clearly identified as
Financial Proposal.
13.4 Certificate of Approval
Proponents are required to submit a copy of their provisional Certificate of Approval as
authorized and issued by the Ministry of the Environment.
13.5 CVOR
Proponents must submit a valid CVOR. The CVOR permit is to remain in good standing
throughout the duration of the contract.
13.6 Bid Deposit
a) Each proponent is required to submit in the financial envelope, an original bid deposit with
their proposal in the amount of 10% of the proposed annual price for Year 1 of the
contract, in the form of a Bid Bond, Irrevocable Letter of Credit, Certified Cheque, Bank Draft
or Canadian Currency. PHOTOCOPIES OR FAXED COPIES OF BID DEPOSITS WILL
RESULT IN THE BID BEING REJECTED.
b) Bid deposits, with the exception of the two (2) highest ranked proposals will be returned within
three (3) weeks, unless otherwise determined by the Manager of Purchasing and Supply or
Designate after the proposal opening. The two (2) remaining deposits will be returned after
award of the proposal by Municipal Councils. Where terms and conditions of a proposal
require the execution of an agreement, the two (2) remaining deposits will be returned upon
execution of the agreement.
c) lt is to be noted that proponents who elect to use cash or certified cheque as a bid deposit will
not be paid any interest by the Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
13.7 Letter of Agreement to Bond/Letter of Guarantee
a) An original Letter of Guarantee from a recognized Financial Institution or Letter of Agreement
from a bonding agency licensed to operate in the Province of Ontario must be included with the
bid confirming that if the proponent is successful, the necessary guarantee will be issued as
spelled out in Section 14.1.
b) Letters of Agreement submitted must bear an original signature of the issuer and the
proponent. PHOTOCOPIES OR FAXED COPIES OF LETTERS OF AGREEMENT/LETTERS
OF GUARANTEE WILL RESULT IN THE SUBMISSION BEING REJECTED
c) Proponents who have not submitted a bid or remitted the administrative fee will be removed
from future bidder's lists.
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RFP 12-01, Curbside Waste Management Collection Services
14.0 REQUIREMENTS AT TIME OF EXECUTION
Subject to an award of the proposal, the successful Proponent is required to submit the
following documentation in a form satisfactory to the Municipality for execution within ten (10)
working days after being notified to do so in writing:
1. Performance Security in the form of an Executed Bond
-Performance Bond in the amount of 25% of the successful Proponent's year one (1)
annual price,
OR
-Irrevocable Letter of Credit in the amount of 25% of the successful Proponent's year
one (1) annual price,
2. Insurance Documents
3. Clearance Certificate from the Workplace Safety and Insurance Board
4. Safety Policies and Procedures and Related Documentation
5. Executed Legal Agreement in a form satisfactory to the Municipality.
If the successful Proponent for any reason, defaults or fails in any matter or thing referred to
under "Requirements at Time of Execution", the Municipality shall be at liberty to retain the
money deposited by the successful Proponent for use by the Municipality as liquidated
damages. In the event of default, the Municipality reserves the right to accept any other bid,
advertise for new proposals or carry out the work in any way as the Municipality may, at its sole
discretion, deem best.
14.1 Executed Bond
a) The successful Proponent shall be required to submit to the Municipality a Performance Bond
guaranteeing the full and faithful performance of the work, in an amount of 25% of the
successful Proponent's price.
b) The bonds shall be those as issued by a bonding agency licensed to operate in the Province of
Ontario, and only on the Municipality standard Form of Bond.
OR
An Irrevocable Letter of Credit from a recognized Financial Institution in the amount of 25% of
the successful Proponent's price, in a form acceptable to the Municipality Treasurer.
d) The successful Proponent shall not commence work until such time as the requested
Bond/Letter of Credit has been approved by the Municipality Treasurer.
e) The Irrevocable Letter of Credit shall act as guarantee that the successful Proponent will
perform the work contemplated herein. If the successful Proponent expressly or by implication
repudiates the contract herein, the Municipality may terminate the contract immediately upon
written notice and immediately draw upon the Irrevocable Letter of Credit as liquidated
damages. Notwithstanding the above, the Municipality shall retain any other right which it may
have in law to claim for any and all damages which it may suffer as a result of the successful
Proponent's breach of the provisions set forth in the contract.
14.2 Insurance and Indemnification
The successful Proponent shall at its own expense obtain and maintain until the termination of
the contract, and provide the Municipality with evidence of:
a) Comprehensive general liability insurance on an occurrence basis for an amount not less than
five million ($5,000,000) dollars and shall include the Municipality as an additional insured with
respect to the successful bidders operations, acts and omissions relating to its obligations
under this Agreement, such policy to include non-owned automobile liability, personal injury,
broad form property damage, contractual liability, owners' and contractors' protective, products
and completed operations, contingent employers liability, cross liability and severability of
interest clauses.
49
RFP 12-01, Curbside Waste Management Collection Services
b) Automobile liability insurance for an amount not less than five million ($5,000,000) dollars on
forms meeting statutory requirements covering all vehicles used in any manner in connection
with the performance of the terms of this Agreement.
c) Environmental Impairment liability insurance covering the work and services described in this
Agreement including coverage for loss or claims arising from contamination to third party
property or bodily injury during transit. Such policy shall provide coverage for an amount not
less than one million ($1,000,000.) dollars and shall remain in force for twelve (12) months
following completion of work.
The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies
the Municipality in writing at least thirty (30) days prior to the effective date of cancellation or
expiry. The Municipality reserves the right to request such higher limits of insurance or other
types of policies appropriate to the work as the Municipality may reasonable require.
d) The successful Proponent shall not commence work until satisfactory evidence of insurance
has been filed with and approved by the Risk Management Division of the Municipality. The
successful Proponent shall further provide that evidence of the continuance of said insurance is
filed at each policy renewal date of the duration of the contract.
e) The successful Proponent shall indemnify and hold the Municipality harmless from and against
any liability, loss, claims, demands, costs and expenses, including reasonable legal fees
occasioned wholly or in part by any acts or omissions either in negligence or nuisance whether
wilful or otherwise by the Proponent, its agents, officers, employees or other persons for whom
the Proponent is legally responsible .
14.3 Workplace Safety & Insurance Board
a) The successful bidder shall furnish a WSIB Clearance Certificate indicating their WSIB firm
number, account number and that their account is in good standing. This form must be
furnished prior to commencement of work, every sixty (60) days or upon receipt of a Clearance
Certificate from WSIB throughout the contract and must be submitted with final invoice before
payment is made. The successful bidder further agrees to maintain their WSIB account in
good standing throughout the contract period.
b) If the successful bidder is a self -employed individual, partner or executive officer who does
not pay WSIB premium and is recognized by WSIB as an 'independent operator' a letter from
WSIB acknowledging independent contractor status and confirming that WSIB cover is not
required must be provided to the Municipality prior to commencement of work.
14.4 Safety Policies and Procedures and Related Documentation
The successful Proponent shall submit one (1) copy of each of the following items:
a) Their written health and safety policy and program where required under Section 25 (2) 0) of
the Occupational Health and Safety Act. Where not required under 25(4), Proponents are
asked to provide procedures or a written description of safety practices applicable to the work
to be performed under the contract.
b) They may be required to provide additional documentation/ policies/ procedures as applicable
and as outlined in the contract requirements. These additional requirements, if any, will be
found in the contract document.
14.5 Contract Document
Executed a Contract Document in triplicate in a form satisfactory to the Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
15.0 TERMS AND CONDITIONS
15.1 Contract Period
The term of the contract will be for a period of seven (7) years, commencing June 1, 2012 with
an option to renew for two (2), one (1) additional year periods, for a total contract period up to
nine (9) years.
15.2 Renewal
a) The Municipality, at its absolute sole discretion, has the option to renew the contract for a
further one (1) year period.
b) In determining whether to renew the contract, the Municipality will consider the following, but
not be limited to performance, price and value.
15.3 Taxes
Harmonized Sales Tax-Extra.
15.4 Inflation Adjustments
Price adjustments will be made for fuel and general inflation on a regular basis as outlined
below.
Increases or decreases for fuel will be made quarterly (January 1, April 1, July 1 and October
1 ). Price adjustments for fuel will be applied to 10% of the applicable unit rate using the
following formula:
Fuel Portion of
Unit Rate Payable
=
Unite Rate
0.1 X (from Form of
Proposal)
X
Average Diesel Fuel Price
for Preceding Quarter Fuel
Price for January 2012
Where the diesel fuel price will be equal to the Ministry of Energy's diesel fuel price for London
as found on http://www.mei.gov. on. ca/en/energy/oilandgas/?page=fuel-prices
For example.
• Unit Price for recycling collection was $40 per stop
• Diesel Fuel Price on January 2011 was $1.00 per litre
• Average Diesel Fuel Price from October to December 2011 was $1.10 per litre ($1.05
in October, $1.15 in November and $1.10 in December)
The fuel portion of the unit rate beginning January 1, 2012 would be $4.40 per stop (0.1 X 40 X
1.10/1.00).
The remaining 90% of unit rates will be adjusted for inflation annually on January 1 of each
year. Annual adjustments will be made to payments using the formula:
General Inflation Portion
of = Hourly Rate 0.9 X
Payable
Unit Rate (from
Form of X
Proposal)
CPI January Year Y
CPI January 2011
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RFP 12-01, Curbside Waste Management Collection Services
Where CPI Year Y and CPI 201 1 are the Consumer Price Index for the year in question and
2011 respectively. The Consumer Price Index will be equal to the Consumer Price Index for
Ontario all-items, excluding gasoline, by Statistics Canada as found on
http://www.statcan.gc.ca/pub/62-001-x12010010/t055-eng.htm
For example,
• Unit Price for recycling collection was $40 per stop
• CPI on January 2011 was 115.4
• CPI on January 2012 was 117.2
The general inflation portion of the Unit Rate beginning January 1, 2012 would be $36.56 per
stop (0.9 X 40 X 117.2/115.4). In this example, the total payable as of January 1, 2012 would
be $40.96 ($4.4 plus $36.56)
** The first price adjustment will take place January 1, 2013. ..
15.5 Per Stop or Unit Cost for Contract Additions/ Deletions
The Successful Proponent, upon notification, will assume the responsibility for collection
services as soon as any new homes, buildings, subdivisions, businesses are·ready for service
as determined by the Municipality. Annually, the number of stops for the upcoming year will be
adjusted based on the permits for new home construction or demolition for the previous year.
15.6 Invoices & Documentation
The Successful Proponent shall submit an invoice to each of the Municipalities at the end of
each month representing billing for the Work done for the previous month. The invoice will
contain all required data to support that the Contract has been completed.
The Successful Proponent shall also submit documentation on a monthly basis to accompany
the invoice. Documentation will include an Excel spreadsheet, in the format provided by the
Municipality, which summarizes all material collected by zone and route. A copy of this
unlocked spreadsheet is to be emailed to the Municipality each month.
15.7 Payment
16.7.1 Curbside Recycling Collection
The Successful Proponent shall be entitled to receive monthly payments using the following
fonnula:
Monthly =
Payment
Unit Rate For Recycling Collection
(from Form of Proposal and adjusted for
fuel & general inflation)
12
15.7.2 Garbage, Yard Materials and Fall Leaf Collection
Garbage
X Number of
Stops
The Successful Proponent shall be entitled to receive monthly payments using the following
formula:
Monthly =
Payment
Unit Rate For Garbage Collection
(from Form of Proposal and adjusted for X
fuel & general inflation)
12
Number of
Stops
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RFP 12-01, Curbside Waste Management Collection Services
Leaf & Yard Material Collection
The Successful Proponent shall be entitled to receive payment for the collection of Leaf and
Yard Materials on the next invoice following the completion of the collection period (Spring or
Fall) using the following formula:
Unit Rate For Yard Material Collection
Monthly = 1/2 X
Payment
(from Form of Proposal and adjusted for fuel & X
general inflation)
Number of
Stops
16.8 Monies Due to the Municipality
In the event that there are any monies payable to the Municipality by the Contractor under the
terms of this Contract, such monies shall be deducted from and retained out of any monies due
from the Municipality to the Contractor or may be recovered from the Contractor or the
Contractor's surety pursuant to the performance bond as a debt due to the Municipality.
16.9 Payment Prior to Start of Contract
The Successful Proponent is not eligible for any payment prior to the start-up of the Contract.
When payment is made to the Successful Proponent, they shall promptly pay to every
subcontractor employed any amount properly due such subcontractor on account of Work
covered by the Contract.
The Municipality shall not be liable for, or be held to pay, any money to the Successful
Proponent except as provided above; and on making the complete payment aforesaid, the
Municipality shall be released from all claim or liability to the Successful Proponent for anything
done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality
relating to the Work, except the claim against the Municipality of the remainder, if any, of the
amounts kept or retained as provided above.
15.10 Interest
The Successful Proponent shall not be entitled to any interest upon any bill for extra work on
account of delay in its approval by the Director of Physical Services /Designate.
15.11 Disputes
In cases of disputes as to whether or not the service submitted meets the conditions in the
accepted proposal, the decision of the Director of Physical Services or Designate for the
Municipality shall be final and binding on all parties.
15.12 Assignment
Following award of the contract, the Successful Proponent shall not, without written consent of
the Director of Physical Services or Designate make any assignment or any subcontract for
the execution of any service or product hereby proposed. The consent of the Director of
Physical Services may be arbitrarily withheld.
16.13 Compliance with the Accessibility for Ontarians with Disabilities Act, 2005
The Contractor shall ensure that all its employees, agents, volunteers, or others for whom the
Contractor is legally responsible receive training regarding the provision of the goods and
services contemplated herein to persons with disabilities in accordance with Section 6 of
Ontario Regulation 429/07 (the "Regulation") made under the Accessibility for Ontarians with
Disabilities Act, 2005, as amended the "Act"). The Contractor shall ensure that such training
includes, without limitation, a review of the purposes of the Act and the requirements of the
53
RFP 12-01, Curbside Waste Management Collection Services
Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation.
The Contractor shall submit to the Municipality, as required from time to time, documentation
describing its customer service training policies, practices and procedures, and a summary of
its training program, together with a record of the dates on which training was provided and a
list of the employees, agents volunteers or others who received such training. The Municipality
reserves the right to require the contractor to amend its training policies to meet the
requirements of the Act and the Regulation.
16.14 Changes in Law
The parties acknowledge that performance of the obligations required hereunder may be
affected by changes in applicable laws of the Province of Ontario. In the event of a change in
applicable legislation that results in a material impact on the performance of any act required
by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve
mutually acceptable terms for the performance of acts required hereunder. If the Parties are
unable to agree on the revised terms and conditions either Party may submit the dispute to
arbitration in accordance with the provisions of the Arbitration Act S.O. 1991, C. 17.
16.16 Exclusion of Proponent In Litigation
a) The Municipality may, in its absolute discretion, reject a proposal submitted by a Proponent if
the Proponent, or any officer or director of the Proponent is or has been engaged, either
directly or indirectly through another corporation, in a legal action against the Municipality, its
elected or appointed officers and employees in relation to: ·
i. Any other contract or services; or
ii. Any matter arising from the Municipality's exercise of its powers, duties, or
functions.
b) In determining whether or not to reject a proposal under this clause, the Municipality will
consider whether the litigation is likely to affect the Proponent's ability to work with the
Municipality, its consultants and representatives, and whether the Municipality's experience
with the Proponent indicates that the Municipality is likely to incur increased staff and legal
costs in the administration of the contract if it is awarded to the Proponent.
16.16 Exclusion of Proponent Due To Poor Performance
a) The Director of Physical Services shall document evidence and advise in writing where the
performance of a supplier has been unsatisfactory in terms of failure to meet contract
specifications, terms and conditions or for Health and Safety violations
b) The Municipality Treasurer may, in consultation with the Municipality Solicitor, prohibit an
unsatisfactory supplier from bidding on future contracts for a period of up to three (3) years.
15.17 Termination of Contract
15.17.1Terminatlon Initiated by Municipality: Should the Contractor fail or neglect to commence or
execute the work described in this contract in a diligent fashion, or should the contractor
become bankrupt or insolvent, commit any act of insolvency, abandon the work, or fail to
observe and perform any of the provisions of this contract, the Municipality shall notify the
Contractor in writing of the deficiency. If the Contractor fails to remedy the deficiency or modify
operations to eliminate the deficiency within 5 working days the Municipality may order the
contractor to discontinue all work under the contract and the Corporation may then employ
54
RFP 12-01, Curbside Waste Management Collection Services
such means as deemed necessary to complete the work. In such as case the Contract shall
have no claim for any loss or damages resulting from the work being taken out of control of the
Contractor. The Contractor shall be responsible for all costs for loss, damage or other related
costs which may be suffered by the Municipality by reason of such default, bankruptcy,
insolvency or act of insolvency. If such loss to the Municipality is in excess of the amount
which the municipality would normally be paying for the successful execution of the contract,
the Contractor shall be responsible for the amount of the excess. The Municipality will either
deduct the amount of this excess from any monies owing the Contractor or utilize the sureties
in place for the amount of the excess. If the amount owing or which is being held as security is
exceeded by the cost of remedying the default the Municipality reserves the right to recover
any increased costs by whatever legal means it sees fit.
15.17.2Termination initiated by Contractor: If the Contractor finds it necessary to terminate the
contract, the Contractor shall provide the Municipality in writing, with a minimum of twenty six
(26) weeks notification of said termination, The Municipality reserves the right to draw on the
monies owing or to utilize the sureties in place for any increased costs suffered by the
Municipality to have a subsequent contract in place. If the cost of remedying the breach of
contract by the contractor exceeds the monies owing or the sureties in place, the Municipality
reserves the right to take whatever legal action necessary to recover its increased costs.
55
RFP 12-01, Curbside Waste Management Collection Services
16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award
of the contract, and will apply after taxes):
16.2 IM'E, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature (or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 IM'E further declare that all statements, schedules and other information provided in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 IM'E further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 I/WE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to# __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME: _________________________ _
ADDRESS~: ___________________________ _
CITY/PROVINCE:, _________________________ _
POSTAL CODE/ZIP CODE ______________________ _
AUTHORIZED SlGNATURE:. ______________ TITLE. ______ _
IM'E are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): ________________________ _
TELEPHONE NUMBER-----------FAX NUMBER . ..i......---'--------
HST REGISTRATION# ________________________ _
EMAIL ADDRESS ________________________ _
DATE OF PROPOSAL. ________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
56
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.1
Bayham -Recycling & Garbage Collection Maps
MUNICIPALITY OF BAYHAM
i
C
;, d r .. i ~1··:1.• :J·· .
1 , &o.000
57
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.1
Bayham: Straffordville, Vienna, Port Burwell Recycling &
Garbage Collection Maps
MUNICIPALITY OF BAYHAM
ADDRESS RANCE MAPPING P.E.R.S ----
VIENN r ,zr~ . ' /ff! :;..,_ ,-·
~ --,,r.:
:!::::f ==--~~( __ r; ,_:_/ .. lr~i I
"'! • ~~~~ J !V '
j' ~-"~ " I• n :
~~--.,...
PORT BURWELL
NTS
NTS
58
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.2
Central Elgin -Recycling & Garbage Collection Map
• MUNICIPALITY OF CENTRAL ELGIN
'i
I
59
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.3
Malahide -Recycling & Garbage Collection Map (Boundary)
The Township of Malahide
60
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.3
Malahide: Springfield, Port Bruce & Other Urbanized Areas -
Recycling & Garbage Map
Township of Malahlde
.,
r·, trJSPtfugrlel
,: Louisa Crn -~~ ~Id•
-C4111HnatlOII Llle-
30 propwDOSI
~
I ,
Mounts.lNn-
121 properllaal
houaholdll
-
61
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Straffordville, Vienna, Port Burwell -Leaf & Yard
Collection Map
MUNICIPALITY OF BAYHAM
ADDRESS RANGE MAPPING P.E.R.S ----
STRAFFORDVILLE
VIENN
L_ t
j__ -~ ~ --------1 --==::~---, =r
L_,,
I • ,.,_ -;r~ I -· I -< l fff)
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; :
l •
.
~ ...;
~~~~ ... _-
PORT BURWELL •.,--·-·•-4,.
-...
NTS
t
NTS
62
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayh.am: Calton -Leaf & Yard C0 lle1ct1on Map
L
•• I·••~ I•
63
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Cori nth -Leaf & Yard Collection Map
CORINTH
64
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Eden -Leaf & Yard Collection Map
HAMLET OF EDEN
MUNlC,P~rn' OF BAYHAM
CYRIL J. OEMEYERE LIMITED
CONSUt Tl#D ENO/MEERS
rtUSOIISU/IIO, O#TARfO
65
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Richmond -Leaf & Yard Collection Map
RICHM OND
I'
66
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Belmont -Leaf & Yard Collection Map
•
_ ... ----
BELMONT
67
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Eastwood -Leaf & Yard Collection Map
r · 1· i -·t ~!~J i-· -
____ 1_ t-~ -
City of
St Thomas
I
_----~~~ ___:--=-=-~~-
. I I; ,_· I
EA I l'NOJD SUBDIVISION
68
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Lynhurst -Leaf & Yard Collection Map •
/
I
I
/
'-.,
' ' \
\ :,
' \ \
,·
i
LYNHURST
69
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Norman/Lyndale -Leaf & Yard Collection Map
l
.,. ,,,, r···
,.----•·/!I --~--_, ---. ,.,,,. ...
I
I
·--------.l
: 1
NORMAN/LYND 'E SUBDJVISION1i
70
RFP 12-01, Curbside Waste M anagement Collection Services
Appendix B.2
Central Elg1in: Port Stanley -Leaf & Yard Collection Map
71
RFP 12-01, Curbside Waste Management Collection Services
' . -I
I L
Appendix B.2
Central Elgin: Sparta -Leaf & Yard Collection Map
-·--·· ---
\
L r··. I
J • I I ,
I ! -.. ____ }.
7
I
'
'
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I
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1
I ___ J
I -.. 'i I_
I
L
I L _J
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' '
6. N
SPARTA
72
RFP 12-01, Curbside Waste Management Collection Services
8 :
Appendix B.2
Central Elgin: Union -Leaf & Yard Collection Map
i . I i I
I , --·1-·-' i :
! J
I )
------------·1 !
I .•
73
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.3
Malahide -Leaf & Yard Collection Map
Leaf & Waste Pick-up
Springfield
s
74
RFP 12-01, Curbside Waste Management Collection Services
Appendix C
Bulk Bin Garbage Collection Locations
--Location Bin Size{s) Collection Frequency
Bayham
Strafforclville Public Worlcs Building -2 -6 yard covered bins Weekly
8354 Plank Rd, Straffordville
Port Burwell Public Works -1-20 yard covered bin Weekly
31 Elizabeth St,. Port Burwell
Bayham Community Centre -1-20 yard covered bin Weekly
56169 Heritage Line
Vienna Community Center-1 -6 yard covered bin Weekly
26 Fulton Street, Vienna
Port Burwell Sewage Treatment Plant 2-6 yard covered bins Weekly
-1 Chatham St., Port Burwell
Lakeshore Port Burwell East Beach-1 -6 yard covered bin Weekly
South end of Robinson Street
Central Elgin
White Station Operations Centre -3 -20 yard bins On-call (typically bi weekly)
42343 Fruit Ridge Line 1 -6 yard bins
Belmont Arena -2 -6 yard bins On-call (typically bi weekly)
14020 Belmont Road, Belmont
Port Stanley Arena -2 -6 yard bins On-call (typically bi weekly)
332 Carlow Road Port Stanley
Harbour Club Marina Condominiums -2 -6 yard bins Weekly
301 Carlow Road, Port Stanley
New Port Beach Condominiums-2 -6 yard bins Weekly
374 Edith Gavell Blvd, Port Stanley
Malahide
Malahide Community Place,-1 x 4 cubic yard -waste On-call (typically weekly)
12105 Whittaker Road, Springfield 1 x 4 cubic yard-cardboard
Malahide Community Place, -3 x .45 cubic yard "toter"-recycling Weekly
12105 Whittaker Road, Springfield 1 x .45 cubic yard "toter"-shredded
oaoer
South Dorchester Community Hall, -2 x .45 cubic yard "toter"-waste Weekly
49431 Lyons Line, Lyons 1 x .45 cubic yard "toter"-recvcling
South Worlcs Yard, -1 x 6 cubic yard Weekly
49458 John Wise Line
75
-.J m
•. ·-• ' -'J' ~-' . •
Regula! Household Waste._ c;~~on; ··: ·: -~\tk\t .. -.;
NorfolkDilposal Semcos Limited ..• _ .. ··.:·_-· · ··.• · .. , 519-443-8022 * 1-800-61~47-.: ' ,• · .
HGlllebGld Waste In.dll.del:
.. .A:lJ. kitchen & table wuto. of llDimal:or~le migfq.,,~
from tbepnpantion or comumptionqt1bod hi: a.~~--·
. c1mrcb, or cornrnmcial p)aco of~ · · .-·:·,. . :·: •. :'. ·
.. Anywutoaa a result of day-to-dayjl~ ·••~~; .;·_:
"' .'•, r
All waste should be • out to the.curb by no later than
· · 7 a& on tile morning c,fyov et;»llecti~ day!' ·:.-:,.-...
•1 • •.• ••• • :'.! ,,,_ :: ~ • 1,4 I "1 . . . ~·· . . . .
• _hgular Hoasellold Wastewill:bocon._uper·the ~ .. onthofi:oo.toftbia•-· · · .. :·:.; .. ·: ·'. · .. • ... · , uztill,,• • .' ._1 , • ._,:-... .. ~ I ~•■•• .•
• ,:Jamhouehold will belim.itod to P~(4)--.ot~j•~::. ,
;wastcsperwck. ... :.-:·: ., .. ~---. ·, /'',-,
-~ .Bacb.commcmw. bwdnela will be~ to·Pfyo (S}bap,of
. ~pcrweek. .
··-(Jmbage aba1l be placed.in •~leplutlobaa,•~·
·tlod, havin&a capaaltyofn«_..., .08 ~c ~-{2,i1S '
wbio r.). mul composad c,l'matil'felfl.Ot lc:a1'tba. '1;$ mil'·: •:
• -·=•baauhellhave a total~;~~:~-~-.. .aL-111-11 , .. ,..~_,,_\ -: ·,;, --~-.•· ... ',J' ~-· • •, -~osra,:ns,""'yv--1-·· ~ ., · , .... ,, ...
·• Brulh t1 allowed hirepJ.11' wute • 1-.s uitit m>t motetban ·
5 CID-(2 inches) in «li•-.or: 9~.mctcn-(l.;ani) tq.
-~ Bnmh canbebaged or.~1'!1· =. ,. ._r -~ :' '·: ·
:•,,I• I ••••• _. • •. : · .. ::~·· ·-.. ~~:·-i_::,, ....... _,, ... ,,-.
MINDDZINCYOlJllBO'l1SBIIOtl)~~; ?\ --·· .. · · ~--
• ·. Nwerdumphaudaal ..... •-----~ .... _.: _'}... ·-, <'.~-, .. • Baplambmidamvl.mqml~vl!',b~l]Jll.1.-_ .,, ·:_.~,.-.·: .. , ~palm_._. up S$'bl~lnn1d11A...._ ~--~-
wllforomjGb. lllld--. ..... ;.,mtm.l~'wlth,-,1.iul,~ .. ; ,--
., • ·-1 : '•;; -,' ..... -
~-. ~-,-~.::,:-~·::, ::'.,:._;. ·, __ :~--=----~·
._•• l •',• • •
Your· Waste Management Schedule
... ,· .. '. --·: .MUNICIPALITY
OFBAYHAM
·s. . 866-5521
Household Waste Co~on & Blue Box Recyellng
S.~edulc & Map
Thwstlay-.4rea 3
All rmidants to the north pf
Heritage Linc, except for :::=i:f &: Ri9hmoiid.,
. Wetbtl8day-Ar,a 2
Resklents OD both mdts ofHcm'ltad
Lino & north ofVimma. Lino·
and Tunnol Line, Includes
Straffordvillo ct .lUcluJond.
nur,,tq-A.r,al
R.caidmts on and~ of · .
. Vienna.'Lino & Tunnel Line, .
In.eludes Viema A Port B~elt ·
Coml1i 0
. . : ' Burwall
Roaiw:rK~-W-Qollo;tion
A Blu.oBox ~'9-ollootiOA . ,wiffl. . . . . ..
Norfolk DhpOf81,_Servlcel Llml1ed
519-443-S=• ,'-/1--800-61~47
::c "'Tl "'ti
I-" l'J 6 ~ n
CD C ...,
O" D) "' '< C:
l'll ::r ~ D) Ill "' 3 ..... l'll
s:: I Ill :::,
G') Ill UQ
l'll D) 3 .., l'll
C" ::J .....
D) n
(C )> Q.
l'll CD A
RO -c, i5'
::J -c, Vl ::u l'll
CD ., :s. CD n
(") ::::, l'll "' '< C. (") --■ -· >< ::::s (C C 0 •
0 ~ --CT)
(")
!::t
0 ::::s
0
D) -CT)
::::s
C.
D) ..,
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.1
Bayham -Garbage & Recycling Collection Calendar
77
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.2
Central Elgin -Garbage & Recycling Collection Calendar
78
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.2
Central Elgin Garbage & Recycling Collection Calendar
79
RFP 12-01, Curbside Waste Management Collection Services
Appendix E
Checklist of Requirements to be met for Proposal
Specific Mandatory Requirements Checklist
Mandatory Procedural Forms: Check if
Completed
Form of Proposal-Technical Submission (Sealed Envelope)
Form of Proposal-Schedule of Prices (Sealed Envelope)
A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR)
Abstract
A Copy of the Proponent's Certificate of Approval of a Waste Management
System (Waste Hauler's Certificate)
Proof of Insurance
Mandatory Financial Forms:
Bid Deposit
Agreement for either: Perfonnance Bond, Payment Bond, Performance Security
and/or Letters of Credit
80
RFP 12-01, Curbside Waste Management Collection Services
16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award
of the contract, and will apply after taxes):
16.2 INVE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature (or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 INVE further declare that all statements, schedules and other information provided in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 INVE further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 INVE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to # __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME:, _________________________ _
ADDRESS:. ___________________________ _
CITY/PROVINCE: _________________________ _
POSTAL CODE/ZIP CODE ______________________ _
AUTHORIZED SIGNATURE: ______________ TITLE ______ _
I/WE are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): ________________________ _
TELEPHONE NUMBER..____,_ ________ FAX NUMBER . ......___. _______ _
HST REGISTRATION# _______________________ _
EMAIL ADDRESS _________________________ _
DATE OF PROPOSAL. _________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
81
RFP 12-01, Curbside Waste Management Collection Services
AGREEMENT TO BOND
WE, the undersigned, HEREBY AGREE to become bound as Surety for
in a bond tota1ing ONE IIlJNDRED PERCENT (100%) of the CONTRACT amount, and conforming to the
Instruments of Contract attached hereto, for the full and due performance of the works shown or described
herein, if the Tender for ___________ _
is accepted by the Owner.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a
Performance Bond must be made to the undersigned within TEN (10) DAYS of Notice of Contract Award,
otherwise the Agreement shall be nu11 and void.
DATEDAT _________ this __ dayof ________ 20 __
Name of Bonding Company
Signature of Authorized Person
Signing for Company
(BONDING COMPANY SEAL)
Position
(This Form shall be completed and attached to the Tender submitted in Envelope 1)
82
RFP 12-01, Curbside Waste Management Collection Services
STAFF QUALIFICATIONS
List of Tenderer's Senior Staff to be Employed on this Contract
Name Position Qualifications/
Experience
To be completed and returned with tender in Envelope 1.
83
RFP 12-01, Curbside Waste Management Collection Services
TENDERER'$ EXPERIENCE
Tenderer's Experience in Similar Work
Year Description of For Whom Value
Completed Work Work Performed
To be completed and returned with tender in Envelope 1.
84
RFP 12-01, Curbside Waste Management Collection Services
PROPOSED SUBCONTRACTORS
List of Proposed Sub-Contractors
Name of Proposed Address of
Sub-Trade Sub-Contractor Sub-Contractor
To be completed and returned with tender in Envelope 1.
85
RFP 12-01, Curbside Waste Management Collection Services
Technical Submission Verification
ITEM
NO. DESCRIPTION STOPS PER WliEK SUSl'vUiflNG PROPOSAL
Yes No
Part A -Curbside Collection of Recyclables
A.1 Municipality of Bayham 2753 stops per week
5,500 stops per
A.2 Municipality of Central Elain week
A.3 Township of Malahide 2904 stops per week
All three municipalities (Bayham, 11 , 160 stops per
A.4 Central Elgin, Malahide) week
Part B -Curbside Collection of Garbage
8.1 Municipality of Bayham 2753 stops per week
5,500 stops per
8.2 Municipalitv of Central Elain week
8.3 Township of Malahide 2904 stops per week
All three municipalities (Bayham, 11 ,160 stops per
8.4 Central EIQin, Malahide) week
Part C -Curbside Col/ectlon of Leaf and Yard Waste (weekly, 4x sorlna. 4x fall
C.1 MuniciPality of Bayham 1219 stops per week
C.2 MuniciPality of Central Elgin 3300 stops per week
C.3 Township of Malahide 573 stops per week
All three municipalities (Bayham,
C.4 Central Elain, Malahide) 5092 stops per week
Part D -Bulk Bin Collection
D. 1 Municipality of Bayham 20 vard bin (s)
6 yard bin (s)
D.2 Municioalitv of Central Elgin 20 yard bin (s)
6 vard bin (s)
D.3 Township of Malahide 4 vard bin (s)
6 vard bin (s)
All three municipalities (Bayham,
D.4 Central Elgin, Malahide)
To be completed and returned with tender in Envelope 1.
86
Rf P 12-01, Curbside Waste Management Collection Services
Pricing Submission
ITEM PRICE PER TOTAL COST
NO. DESCRIPTION STOPS PER WEEK STOPPER PER VEAR (ax
I (a) Y,EA8(b} b)
Part A -Curbside Collection of Recyclables
A.1 Municipality of Bayham 2753 stoos oer week $ $
5,500 stops per
A.2 Municioalitv of Central EIQin week $ $
A.3 Townshio of Malahide 2904 stoos oer week $ $
All three municipalities (Bayham, 11,160 stops per
A.4 Central Eloin, Malahide) week $ $
Part B -Curbside Collection of Garbaae
B.1 Municioalitv of Bavham 2753 stops per week $ $
5,500 stops per
8.2 Municioality of Central Elain week $ $
B.3 Township of Malahide 2904 stops per week $ $
All three municipalities (Bayham, 11, 160 stops per
B.4 Central Elgin, Malahide) week $ $
Part C -Curbside Collect/on of Leaf and Yard Waste (weekly, 4x sprina. 4x fall)
C.1 Municioalitv of Bavham 1219 stops per week $ $
C.2 Municipality of Central Elgin 3300 stoos oer week $ $
C.3 Township of Malahide 573 stops per week $ $
All three municipalities (Bayham,
C.4 Central Elgin, Malahide) 5092 stops per week $ $
1111\11
NO. DESCRIPTION BIN CAPACITY PRICE PER LIFT INCLUDING
Pl$POS~J.
Part D -Bulk Bin Collection
D.1 Municipality of Bavham 20 vard bin (s) $
6 yard bin (s} $
D.2 Municioalitv of Central Elain 20 vard bin (s) $
6 yard bin (s) $
D.3 Townshio of Malahide 4 vard bin (s) $
6 vard bin (s) $
D.4
All three municipalities (Bayham, 4 yard bin (s) $ Central Elgin, Malahide)
6 vard bin (s) $
20 yard bin (s) $
All prices are inclusive of all taxes and fees. To be completed and returned with tender m Envelope 2.
87
RFP 12-01, Curbside Waste Management Collection Services
Appendix F
Acceptable Recyclable Materials
The initial list of materials that will be received and processed at the MRF shall include the following:
MATERIAL
Mixed Paper Fibres
Newsprint
Mixed Household Paper
Cardboard
Boxboard
Mixed Containers
Aluminium
Aluminium Foil
#1 PET (Polyethylene Terephthalate)
#2 HOPE (High Density Polyethylene)
#3 PVC (Vinyl)
#4 LOPE (Low Density Polyethylene)
#5 PP (Polypropylene)
#6 PS (Polystyrene)
#7 Other Plastics
Glass
Polycoated Paperboard Containers
Spiral Wound (Cardboard) Cans
Steel
DEFINITION IF ANY
Including all newspaper flyers, magazines and telephone
directories
Including envelopes and writing paper
Including pizza and other corrugated cardboard boxes
Including moulded pulp and excluding waxed paperboard
Liquid, food or beverage containers
Items made from aluminum foil including pie plates
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquld, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
excluding expanded polystyrene (e.g., foam cups and meat
trays)
Rigid liquid, food or beverage containers
Liquid, food or beverage containers (clear, green and
amber)
Containers made primarily of paperboard and coated with
low density polyethylene and/or aluminum, and used for
food and beverages. Includes gable top (e.g. milk and juice
containers) and drinking boxes.
Composite (cardboard) can with a single wrap rigid body
involving several layers of materials (including paper, foil
and plastics) with at least one steel end (e.g., frozen juice
containers). ·
Liquid, food or beverage containers; empty paint cans;
empty aerosol cans
88
RFP 12-01, Curbside Waste Management Collection Services
Appendix G
Manning Drive Material Recovery Facilty (MRF)
Hours of Operation
The London Material Recovery Facility, for the acceptance of "Acceptable Recyclables" is open year
round to accept materials Monday to Friday from 8:00 a.m. to 7:00 p.m. except for days which are
recognized as a legal holiday which are:
1. New Year's Day
2. Family Day
3. Good Friday
4. Easter Monday
5. Victoria Day
6. Canada Day
7. Ontario Civic Holiday
8. Labour Day
9. Thanksgiving Day
10. Christmas Day
11. Boxing
The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to
accommodate closures on holidays.
89
RFP 12-01, Curbside Waste Management Collection Services
Appendix H
Procedure for Off Loading Recyclables at Manning Drive Material
Recovery Facility
The following is the City of London's off-loading procedure for the Material Recovery Facility (MRF).
The Successful Proponent must follow the steps outlined below. This procedure may be modified
from time to time, and the Municipality will ensure the Proponent is notified well in advance of any
changes.
1. Staff must exercise caution while onsite at the MRF. Safety precautions include but are not
limited to:
a) Recycling Collection Vehicle operators are responsible for the safe operation of the
Recycling Collection Vehicles at all times.
b) All staff shall work in a safe manner at all times and shall ensure the safety of others when
at the MRF.
c) All staff shall use caution around other working machinery inside the MRF including, but not
limited to front end loaders, skid-steers and forklifts.
d) Personal protective equipment including but not limited to safety vests, and CSA approved
safety footwear must be worn at all times while onsite at the MRF.
e) A speed limit of 10 km/h is to be followed while driving vehicles anywhere within the MRF
boundaries.
2. Recycling Collection Vehicle operators are required to weigh their vehicles at the weigh-scale
before proceeding to off load their recyclable materials. The Recycling Collection Vehicle
operator will provide to the weigh-scale attendant the collection zone where the recyclable
materials were collected as well as their route and truck number. The Recycling Collection
Vehicle can proceed to the MRF receiving area(s) after the vehicle weight is recorded by the
weigh-scale attendant.
3. The City of London operates a two-stream recycling collection system, the Recycling Collection
Vehicle operator will be required to first off load containers materials in the container receiving
area, and then proceed to off load the fibers materials in the fiber receiving area.
4. Vehicles are required to reverse into the MRF receiving area(s). Recycling Collection Vehicles
are required to form a queue outside the receiving area(s) while awaiting direction from the
MRF Processing Contractor to allow the Recycling Collection Vehicle to off load the materials
in the MRF receiving area(s).
5. The Recycling Collection Vehicle operator shall unlock the tailgate while in the queue in front of
the entrance to the MRF receiving area(s).
6. The Recycling Collection Vehicle operator shall slowly reverse their vehicle inside the MRF
receiving area(s) upon direction by the MRF Processing Contractor. Recycling Collection
Vehicles should not exceed more than 5 km/hr while reversing in the receiving area(s).
7. The Recycling Collection Vehicle operator shall honk the vehicle's horn when reversing into the
MRF receiving area(s) as a warning to MRF equipment operators and other staff in the vicinity
if the vehicle's backup alarm is not functioning.
90
RFP 12-01, Curbside Waste Management Collection Services
8. For Recycling Collection Vehicles which do not have horizontal ejection, the Recycling
Collection Vehicle operator shall make a visible inspection overhead inside the MRF to ensure
there is adequate clearance prior to raising the box of the Recycling Collection Vehicle. The
Recycling Collection Vehicle operator shall ensure there is no overhead obstruction in the
vicinity of the raised box. If the overhead clearance is insufficient, the Recycling Vehicle
Operator shall lower the vehicle's box before emptying the load. After the Recycling Collection
Vehicle is off loaded, the vehicle's box should be completely lowered before the Recycling
Collection Vehicle exits the receiving area(s).
9. For Recycling Collection Vehicles with horizontal ejection, the Collection Vehicle shall enter
into the MRF receiving area(s) and off load the recyclable materials. The Recycling Collection
Vehicle operator shall ensure that all materials are off loaded and the Recycling Collection
Vehicle's tailgate is closed prior to exiting the MRF receiving area(s).
10. The Recycling Collection Vehicle operator shall inspect the dumped load and remove any
visible non-recyclable material larger than 2 litres.
11. If the driver is inspecting or entering the back of the vehicle with the tailgate (commonly
referred to as the rear bubble) opened and elevated, the safety arm/pin must be engaged prior
to inspection or entry.
12. The Recycling Collection Vehicle operator shall lock the tailgate after exiting the MRF receiving
area(s).
13. Recycling Collection Vehicle operators shall not empty Recycling Collection Vehicle sump
buckets inside the MRF receiving area(s) or while onsite anywhere at the MRF.
14. Recycling Collection Vehicle operators shall not clean the recycling collection vehicle inside the
MRF receiving area(s) or while onsite anywhere at the MRF.
15. All Recycling Collection Vehicles must weigh out at the weigh-scale house before leaving the
MRF
91
RFP 12-01, Curbside Waste Management Collection Services -.iiiiiiiiiiii5iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii1,;i■
Appendix I
City of Toronto's Greenlane Landfill Site
Hours of Operation
The Landfill Site, for the acceptance of "Garbage" is open year round to accept materials Monday to
Friday from 6:00 a.m. to 5:00 p.m. except for days which are recognized as a legal holiday which are:
1. New Year's Day
2. Family Day
3. Good Friday
4. Easter Monday
5. Victoria Day
6. Canada Day
7. Ontario Civic Holiday
8. Labour Day
9. Thanksgiving Day
10. Remembrance Day
11. Christmas Day
12. Boxing
The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to
accommodate closures on holidays.
92
RFP 12-01, Curbside Waste Management Collection Services
Appendix J
Municipal Waste Resource Materials Collection Bylaws
'Ifie Corporation of tfie ~unicipaCity of Central lE'iJin
BY-LAW NO. 964
Being a by-law for the jlrovlsion of Waste Collection and Mandatory
Recycling in the Municipality of Central Elgin.
NOW THl::REFORE the Coun-::it at the Corporation of the Municipality of Central
Elg in hereby enach! as fo{!ows:
Article 1
CITATION
1.1 This By-law may ;:ie citad as ~he ·waste Collection and Mandatory Recycling By-
law".
Article 2
!NTERPRETATION
2.1 By-Jaw Enforcement Officer -defined
"By-law Enforcement Officer" means a person who may from time to time be
appointed by the Co uncll of ~a Corporatl on as a By-law Enforcement Officer.
2.2 Director -defined
"Director" means the person •,mo may from time to time be appointed by the
Council of the Corporation lo ttio position of Director of Physical Services.
2.3 Blue Box -defined
"blue box· means the container or other device supplied by the Municipality for
the collection of recyclable waste.
2.4 Central Elgin Garbage Tag• defined
·central Elgin Garbage Tart means the self-adhesive tag provided by the
Municipality to be effix-,d to non-recyclable garbage set out for collection.
2.S Co11Struction Debris • defined
"c:onstnJction debris' means discarded miiiteriat resulting from the erection,
repair, demofltion or impmvemen1 of buildings, structures or property (including
land).
2.6 Container -defined
'container' means,
2.8.1 a galvani:z:cd metal or plastic container with a maximum capaci1y of
approximately 0.8 cubic metre {2.75 cubic feet) being larger at the top than al the
bottom and having a hand:e and fitted lid, e1Jch containers shall weigh no more
than 1 B kilograms {40 pounds) and must be kepi in good repair and a sanitary
condition; or
2.6.2 a polyethylene plastic bag with a maximum capacity of approximately 0.8
cubic metre (2. 75 cub!:: feet) of 1.4 gauge thickness fastened at the top and
weighing no more than18 kilograms (40 pounds); or
2.6.3 any other receptacie as approved by the Municipality.
2.7 Farming Business -defined
"farming buslness• means a farl'lling business within the meaning of the Farm
Registration and Farm Drgenizations Funding Ad, 1993 that is located within tha
geographic llmits of the Municipality of Central Elgin.
Hazardous Materials -defl ned
"hazardous materials" includes, but not b8 limited to, the foUowing:
93
RFP 12-01, Curbside Waste Management Collection Services
Appendix J
Municipal Waste Resource Materials Collection Bylaws
Antifreeze
Auto Battericu
DegreaserE
Dislnfe=tan:s
Drain Cleener
Dry!J!!ll R::iHP.ries
Fea 1-'ov.cer
Foor ·iNax
Her:ilclr.i=.~
Metol Polisll
2
Wot.or Oil
Nail Pelis!,
Ov.in Cleaner
Paints
Pesticid~
Ph::mnacautical
Pro::>are Tenks
Si;:1.JiG T:-mk Cleeners
S::>lven:s
Wood P·eservativ~
2.8 Major Appliances -Large Housohcld Fumishings -defined
•major a::,pliances and large l1uusehold furili:hirgs· means an lgr;e or bulky
h:lll!';eholc ~ec>iarlsms sndJor o:her ar.f::.es uiuallv used wit1in e readence a,d
for res1dentlol ,:,urposes, incluclng but not necessarily limilf:tl ti:: refrigerato-s,
stoves, washe:-s, dcyens, i;!lairs. 11rrfas, t.mles. beds, air.I carpeting.
2.9 Municipality -def med
·Munk:,pality• mfl::ms The Corp::ira!.lon of the MLnicipalily of Contrel Elgin.
2.1 0 Non-collectable Waste -defined
'non-co0ectableo .,,..astl:l" means t:ie following:
{a) manufactured or hJ,1.st·:~, was:e;
(h) any explosive liazard::>US or highly combustible materi:1I o:' any n1tu,~
vkatsccver, i1cluding eshes:
(c) cu7structlon dAh'~:
{d) sawdus1 and/or shavil'\Cl3;
(e) fiqu·d waste;
(f) hay, straw and manu-a;
(g) caroass of any an'nal;
(h) rrajor app'ia,cei;, anc/or large housahold tuM1sh!rgs;
(I; any matena: w'lich h:is become fr::izer to t,e oontainer ,md c-.;mnm be
removed by shakhg; u: dic;r.arced tires:
(k} :my appliance tha: ,;ontains or opera,"s i:.:n Frscn QF.s: and
O; Hazarduus Mn.1.erlals.
2.11 Non-recyclable Garbage -defi1111d
~r.on-recy,fanle garbase" means ali garbage and ether refuse except non-
colleciable waste a'1d recvclable waste.
2.12 Place o1 business -defined
•place cf bushes~i• means a property as:sesse:i for commercla or industn.al
property @xes cm the Assessment Ro I.
2.13 Recyclable Waste -defined
"recyclable waste" '.Tleans such terns as the Dfrcc:or identifies frcn time to :i11e
as bel!1g s:iitable fur coBectio, for recycfmg purpuses.
2.14 Reslden11al Unit-defined
arcsldential unit' means one or mure tutbitable rooms essessed ;or rasideitl3I
property taxes on the Assessment R::ill and occ..ipied or dcsii:ined to be occupied
b)' ::,ne or more persons as an irx:lepemleul and separRtP housekeeping
establishrmmt i11 w'lich sR::-arate lcltche1 and senitary facilities are providec far
the use of suer. oeroone or persons.
2.15 Waste -defined
"waste" rreans non-recyclable garbage and recyclat:le WclSle.
Article 3
GENERAL PROVISIONS
94
RFP 12-01, Curbside Waste Management Collection Services
Appendix J
Municipal Waste Resource Materials Collection Bylaws
-3-
3.1 Appllc.ation -all ownera -occupants
The provisions of the By-law apply to the owners and occupants of all resldential,
commercial and institutio:-'.-ai lands uses within the Municipaiity.
3.2 Holiday Pickup -dir~on of Director
The Munlelpallfy, 1:"lder the direction of the Director, shall, if a holiday or nolidays
occur in any week of regular collection. reserve the right to collect non-recyclable
garbage and recy..labie waste at the Municipality's convenience.
3.3 Collection -separation of waste • reqt.iired
Non-recyclable garbage shal! not be collected from any place within the
Municipality unless the recyclable waste components have been separated from
the non-recyclable garbage antl set out for collection in accordanoe with the
provisions of this By-la.:.
3,4 Enforcement -By-law Enfon:ement Officer -representative
It shall be the duty oftha By-law Enfo:cement Officer to enforce the pro\/isions of
this By-law.
Articla4
COLIJ:CTION OF WASTE
4.1 Weekly pickup-as publishe<f -noo-recyclables
Collection of non-recyclacle garbage will be made weekly on the day or days of
lhe week designated by the Oireetot.
4.2 Weekly pickup -as pubHshed -recyclables
Collection of reC1·cJab!e waste will be made weekly on 1h8 day or days of the
week designated by the Director.
4.3 Wasta separate -recyclables -other -set out
AU recyclable waste shall be separate from non-reoydable garbage and placed in
or beside the blue box in accordance with the procedures estabfished by the
Director.
4.4 Collections -non-collectable waste -prohibited
The Municipality shall not collect non-collectable wash, as defined in this By-taw
from any residentlal unit or place of business with in the Municipality.
4.6 Garbage -plac:ed In proper container
The Municipality shall not collect any non-recyclable garbage from any residential
unit or place of business within the Munlclpallty unless such garbage is placed in
a container meeting the requl-ements of this By-law.
4.6 Collection-wast. generated in Municipality-only
No person other than a resident of the Municlpality or a person who operates a
place of buslnes~ or a farming business within the Municipality, or their agents,
shall set out waste fer collection. Waste set out for ccllection shall not include
waste from residential ur~. pf-aces of business or farming businesses not within
the, Municipality.
4_7 Wast&-aat out-frgm pl'Qperty generated
No person shall sel out waste for collection except at the residential unit or the
place of business at which the waste is generated. unless mutually agreed to
between abutting property owners.
4.8 Non-recyclable garbage -collection
Non-recyclable garbage over and .above the quantity specified ln Section 5.2 may
be removed and dispo&ed of, al the discretion cf the Director, :at a charge b:ased
on time and material, payable In advance.
4.9 Container-location -type -multiple residential
The location and type of container for collection of non-recyclable and rer.yclable
waste for apartmert buildfngs, row houses and multiple unit houses wfll be
subject to the approval of the Director or his/her appointee.
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4.10 Garbage storage structures -requiremellls
.0..11 special structures or buildings pro·J ded 1or the stcrrJge cf containers end blue
bo>les shdl at all t!rr,es l::e maintained ir a clean and ::;ar·b1ry ~riitior
preventng en ,y :l'/ mci:;mt,; a,:t Insects, anc ccnstr.1cted for eaey access by tnc
Munic1oality
ArtleleS
COLLECTION • PROCEDU"E
5.1 Recycl:iblo -wasts -placement
W. ,er~ ~cm-recycla:,Je ga·ba:;ie ar:d recyclable waste is set cut for collection :m
the some day, containers of non-recyciaole garbage siall :.ie :ilar.art :ogether but
sel apart from the -enr.tahlP. waste. Recyclable wasw ma~ be set out whh t"lc
blue box.
5.2 Waste -set out for coilection
All wa~te th3t is 5et out. Jus ;;dl~dion by the l\.4s..1nicipaHty. shall be p·ace!l at he
r:1 irb or or the boule•1ard ot a p..11::lic stree1 in fron: of or adja:::e?"t to the reside rrtial
unit on the side of tl-e public street designa:ed by tf-lP. nire:tor. A I \vasta set out
for r.ollectJon shar ha•,e affixed, a :..:en:r:.t Elg:n Gl:roego Tai:;, as required by
Section 6 cf-this by-law.
5.3 RecyclablG waste nc limii
There is no !imit on !tie q.Jar1l'ty af r~c:ycl<'ble was:e which -nay be set out for
co:lecticn at one tim.1 axcept 'rcn a pace of business where the arrount of a,1y
type or types of recyclable wasts lo be ::-.ollected may be ll'T1ited by tha
lv1unicipality f~om tine to tine.
5.4 Deadline for deposit at curb
Waste se: out for ::ollection shall be placed a: ar near the ap:lllcable cut or
baule-.rard t:efcra 7:00 a.m. cf the cay on w1ich collection of that waste is
schadL!led, provided tht at all fmes, such waste shall not be set oui ror
collectior µr or -o sundown o11he pre"lous day.
6.6 Waste not separated -collection may be refused
Any waste, wrich :s set out for ccllcction and ~hi::h has not been separatec in l!>
recyclable and non-recyclable L-alegaries, or wh!ch !1aS not :ltharwise been
prepared for coflectior acco~ding to tht:l Pl"C'1isions o" fhis 13y-,aw. may n:'.ll. be
collected by the con:rector reiain=c ty th:t '.\ilunicip,11 tt to do so, the Dlrec-.or er
his designate having the sole discreton tc detenninc if such waste iis not to be
conected
5.6 Wa&te -not romovcd -owner responsJb111ty
A,y waste, which the Muni:::ipi;iliry c:eclines to co.tect, stall be rerroved ':Ii the
owrer or occupant of tha residcn:ial un t or place or busire~ by or u11 whose
behalf the waste waa plaa,;d fil' colleciion :iefore the end of the caend;:ir d3'f on
which tt-e colleeci::m was schedulsci. Sue!-Lncollected weste sr.all be dispost!d
of privately o~ may be prope~ly i;eparatF!d and prepared ir. QCcordance wrth tt-is
By-law ;md set :x.'t again f-:>r collection on aiotherschcdded day.
5.7 Yard waste collection -special times -requirements
By notice to the publ:c ~ time b time, the Municipality m;:iy desl£nate days
and llrnei; fer the collectlon of leaves tree Dmbs and b-usn or supply tilT'es and
locatons of drop-offs. BrJSh and tree limb$ s:1all t:e wrnpacted and t1At1 In
bundles not more lhan 0.9 -ne1re (3 feet} In le'lgtl or olaced 1n ar enciosoci
contai'ler. Leaves &rall be paced fur colle:;tion ,n accordanc~ wilh the
procedures establishac by the Director. In no lnstanc:e $hall a bu'1dle or ccmk:iri:::r
weigh mere :han 18 ~llograms (4C oounds).
5.8 Household hazardous wast& days -designatod
The Municip2dity may designate household h1:tt.,Jrdcms was:e days an::f locations,
approved by the Ml!'listry 01 Environment, to accept ho.JSehold ,azardous
materiErls.
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5.9 Major appliances -.-.oilectlol'! • designatecl
By notice to the p'.lb!ic from time ro tirre, the MunicipsUy may de,fAnate days
and times f::>~ the co!lection of major eppliarces and targe household funisrings
as dafined by this By-law andior other r.or--ecyclab.e garbage.
5.10 Freon removal -owner r~ponslhlllty
Any applrarn.;e containing o• t'l;'.'l;iratlng or F-eon gas will no, be collecte:t at any
time unless pmnf r;m be pr:,v.c:ed to the Municipalit)' tha1t the Freon has beer:
ramoved by a licansed contracicr
5. 11 Salvage -Interference with garbage
No person w_'.f pick ove·. lnl~rrere with disturb, rerrove or scatter any
ccrta.ners if. waste which ha'✓e been set cut for colfeclion, provided that, by
nQloo to ~he public from ti~ \c :irr:e, t1e Munici:,a:~ rr.ay de.i gnatc certain days
for th!'! salvaging 01 maJor app&ances, or;c ,ouseho!d f.lmishingt. and/or o111y
ether Items that ma}' be specified by the "'-1..:n!cipality.
Article 6
REQUIREMENTS FOR CENTRAL ELGIN GARBAGE T J\GS
5, 1 Use of G~rbage Tag
(aJ No person shel 3e: out for coileciion any plastic bag, ;::i_;; referre:i to witnm
the definition of "c.:n:ain3•' pursuant to tt-iis Ry-1;,iw, of non-ra:yclat:le garbage
unless:
(0 it hai: ~ 'Centrat Elgin Garbage T3g" affixed le lts exterior. and
(11) the 'Centro: Elg r Garbage Tag' is affix.1:1d ir1 such a ~a..,;hlon as :o be
clearly visible le :re ::;-:>:1tractor.
(b) l\:o pi:r::cr shali ~P.t oLt for ccllect10n a container of no~-eoyclable
garbage. savP. i'lnd excep! w:th a plastic oag :is referred to il'1 Section C.1(a)
a::iove, unless:
(i) it h.is a "Central Cl~fn Garbage Tc:i1,;" affxec to the top l:em ·ns1de the
receptade; am.l
(11) the "CAntrnl l::lgin Garbage Tag" s cffixcd in s.1::h a fashion as 1D bti
::lear1y •11sible to the con1rao:or upon removal of the recei:;lacle's lid.
6.2 Feas
The fee for a KC-er:t-af E:gin Garbage Tag" shaD ~asset out ·n Schecule "/\" of
this by-law. Tiit:, payment :"lf ;it,m fee shall be 11ade t-:> 1he Municipality or its
aulhorized agents.
6.3 Collection of Untagged Non-Recyclable Garbage
(s} Any non-recy:lsble garbage no: exl1ibiiing a "central Elgln Garbage Tag"
ag reflected in Section e. 1 above shall no1 !:)So conected by the contractor
retained ty Jie Municipality to d=i so. Any such non-reoyclab,o garbage
set cut fer coUection but not rnGeting the requkemants of Sect:on 6.1
above may oiterwise be collected by the M.1nicipaftty. Tt:e person who
directly er by means cf an agent set out such non-reciclable gar.:iagP. fnr
collection 'll'ithout meeti11A the requirements of Se:::lon 6 1 above shall be
&able for the total expemies iilcurrF!C'I by the Municipality tor remOV3l of
such non-rdcfclable gamage at a rate set by the ~1unicipality and a:,
revised from thre to tme plus any applica:>!e ffltcrcst -::ir :>e.,alfes.
Payment of s.1cn expenses shall be made within t:i·rty days afte0 recspl
of an invoice indicating the tou.l expen8es incurred by the Municipality.
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(1:-)
(c)
(d}
• 6 -
Ir the evart that :he pers :,r: liable 10 the Mu-iicipafity =or the total ex:;R:tist!
of collecfon of ~ucti 11on-·ecyclable garbaga owns tan::ls Y.ithrr the
r1,unIcIpalit'/, ony u1i:;aic in'loices rendered for the removal of such no,-
recyclabie 1.arbag= shat! tiP-added tc1 the tax roli fo• the la'lds owned by
sue:, pars:m with~n the Municii:-ality and thereafter cc~ in like manOP.r
as m1-nicipal taxe;.
In the case of a condom nium ,:nr::x:,rat<~n. ttle :::cndom'nium c:'.Jr':>Cr.:lton
sha I ramain il2ble to the Municipality for any cosb 'ncu·ret:f l.:y !he
Municipality at a ri.11:e ~~l b~• the Municipalify as revise::! from tine to 1rme
i1 co3ecting ;,on-rscycl3ble ga~bage wi:hout the appr:,r;riate 'Cenh"l:11
C gin Garbage 7 ag'' ·mm e1r acjoining tne premisas cf me condominiu,i
corporation re~arcless of w"lcihcr suet untagged non-recy<:latle Udr:iage
can be attrlbu1ed to 1he con.:lcminl111r oorpo~tton, ,m cwner or tar-an:: at a
condominlurr unit, or ony cticr i:erson. All ill'JOices shal be p.1yahle
within 30 cays rle;r re~p" Invoices tha: rer.mln unpaic ti:lr s.ach non-
recyclable garbagG sha I oe added to the tax roH of U-e condominium
corporation c!r.d te col ~d~ in like rr.anrnir as municipal t:lXCG.
In the case pf ·nultl-rffiidHrtial, lnsttutonal or commercial prop~rt"c:-; il-c
owner of such property stnU remain rable to tt-e Murie pa.ity fot any cos-.s
in:::urre::l t~ t'ie Mu, ;iopali·y at a rata> set oy the l\.1u'.llcipali~ as revised
f-am tlrne :o tt'"1e ,r, oolectin;1 nor-recyclable garbage wiU1t,iJ ttie
appropriate "8entrel Elg;u G.Mt:age Tagfl from or adjoining ihe pro:nioos
of such p~Oj:9rty regardless of w,ether such unlagge:f ncm-recyc·abl~
garbage car ::ic al rih:Jted to such multl-resid&n:131, insti:utional or
comnsrcial !)roper.y, en owner, tenant of suet-property o-flny other
person All irwuiCP.s "!hall t:e pa~able wr.hll'! 30 days after receipt
!n1JOices t.,at. remain unpaici fer such ,cn-recycl~ti i;arbaoe sha:I be
added to th; lax ~ oil ,:if s1.1ch property and ccllected ir J:kc man,er as
m:.mi~pa! :axes.
Article7
ENFORCEMENT
7 .1 Fine -for contravention
[very person who contravenes a,iy of the provision& of this By-law is ~uil1y of an
offence and shall upon convictior hereof is liab e kl a liiie HS prooded in the
i'rovin~aJ Offences Ai;i_
8.1 Validity
Article 8
SEVE:RABILITY
If any pr0\11&:on of this 3)--law is declared invl!li::i for any reason b"/ a COufl of
competent jurisdict'on. lt is l'ltexed ttat such a provision shall be severed fron
the By-law and t,ot the rerr:ainder of the By-law shaD continL"'! In ru!I force and
effect
9.1 Repeal of By•lsw
Artlcle9
REPEAL
A"l'/ by,Jaw frcon3isten1 'tjth thi~ By-Jaw i,; herP.hy re~.
10.1 Effective date
Article 10
ENACTMENT
Th!s By-law shaD come in:o tull force .ind take effec: en May 7-;;i. 2007_
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Schedule "A"
1. Th1:1 Municir:;ality shall r-~ovl,"lf'!:
e) Cach Res'de.1tial Unit with 104 "Ceitral Eigl:'l G:::ttiP.Of! Tags· each year at
10 c'1~P. ~n the o,•1;ner. Tags w;II ::inly be val:d in the ye3r fer wl-ich 1t-cy
'Aiere ·ssued
t;) ::ach Pli:ir.A :)f Business Wit"! 26:.J ·c;ent~J Elgin Garbage -ag: each yea·
at no charge tc the owner. Tags '"'ill only be valic in lhe )lear for which
:hey we•e issued.
c) i:::ach Farming Businoa3 wiih 52 "Central Elgin G~e Tags' tiach yP.;:i·
at no charge to ti'l8 Fc1m:ing Rus,ness upon the Farming Busir.ess
-:iro·,1ldlng the Municipality with a va.id Fam ng 31.siness Registration
:o.Jumbcr.
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The Corporation of the Munitipalit;y of
Central Elgin
BY-LAW 1177
Being a By-law to Amencl Mun'cipality of Central Elgin By-law 964
)I NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALIT'i
II Of CENTRAL ELGIN ENACTS AS Fr:JLLOV1:S:
·I THA: Gchedulc ·A" to By-l~w 964 is hereb~· repeaied an::I the a;::ai;hed
Schedi;;;; "A" to this By-law Is substituted thereto.
ii READ A F;RST, a SE:;QNO :md a THIRD Tl~E a~d FINi-i.LL Y PASSED this 26th, day
.i of Se!'ltemte; ':!009.
SCHEDULE "A"
1. Effective Jan~ary 1c·. 2010, the Municipality shall provide:
a) Each Resider.tial Unit witr. 100 "Central Elgin Garbage Tags" for
the yea~ 2010 at no charge to the owner. Tags will only be valid in
the year for which they were issued. Additional tags may be
ourchased from the municipality at a cost of $1.50 per tag.
b) Each Place if Business with 247 "Central Elgin Garbage Tags" for
the year 2010 at nc charge to the owner. Tags will only be valid ln
the year for which they 1,vere issued. Additional tags may be
pumhased from the municipality at a costof$1.50 per tag.
c) Each Farming Busmess with 49 "Central Elgin Garbage Tags" for
the year at 2010 at no charge to the Farming Business upon the
Farming Busire$s prcvicfmg the Municipality with a valid Farming
Business Registration Number. Additional tags may be purchased
from the municipality at a cost of $1.50 per'lag.
2. Effective Januar; f'\ 2iJ11, the Municipality shall provide:
3.
a) Each Residential Unit with 94 •central Elgin Garbage Tags· for1he
year 2011 at no charge to the owner. Tags will only be valid in the
year for which they were issued. Additional tags may be
purchased ftom the municipality at a cost of $1.50 per tag.
b} Each Place of Busmess with 234 "Central Elgin Garbage Tags" for
the year 2011 at no charge to the owner. Tags will only be valid in
the year for which they were issued. Additional ta.gs may be
purchased from the municipality at a cost of S1.50 per tag.
c} Each Farming Business with 47 "Central Elgin Garbage Tags" for
the year 2011 at no charge to the Farming Business upon the
Farming Business providing the Municipality with a valid Farming
Business Registration Number. Additional tags may be purchased
from the ir.unicipalit-J at a cost of $1. 50 per tag.
Effecti110 January 1•.t, 2010, a disposal fee of $20.00 per load will be
imposed during the Spring Cleanup Day.
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Appendix K
Anti-Idling Policy
OBJECTIVES:
1) To reduce the costs of fuel used by the unnecessary idling of municipally owned vehicles.
2) To reduce maintenance costs on municipal vehicles caused from wear of moving parts which
results in unnecessary idling.
3) To reduce the municipality's carbon footprint and environmental impacts which result from
greenhouse gas emissions.
IDENTIFICATION:
The municipality is responsible for the provision of a wide range of services across a large
geographical area. As a result, the municipality's fleet includes equipment which includes but is not
limited to passenger vehicles, heavy equipment, light duty equipment and dump trucks. All of this
equipment utilizes costly fossil fuels for its operation.
• An idling vehicle emits nearly 20 times more air pollution than when traveling at 50km/hr.
• Vehicle emissions are a contributing factor in climate change. By reducing unnecessary idling
to just one minute, we are helping to improve the quality of the air in Toronto.
• Turning off and starting an engine uses less fuel than letting the engine run for 30 seconds.
• Idling increases you maintenance costs. Engine wear is greater at prolonged idle than during
normal operation. When an engine idles, the engine oil becomes dirty more quickly than when
a car is moving.
• The Ontario Ministry of Transportation estimates that an idling gasoline vehicle with an average
sized engine uses about 2.2 litres of fuel per hour; an idling diesel truck engine uses about
three litres of fuel per hour.
ACTIONS:
To meet the objectives of the policy, the following actions will be undertaken.
1. When purchasing, equipment, staff will endeavour to ensure that equipment purchased has a
factory installed fuel management system which will automatically shut down the equipment
after a prolonged period of time idling.
2. When a light duty or medium duty vehicle is parked for more than 60 seconds the vehicle shall
be turned off.
3. When a tandem truck is parked as part of a construction process for more than 5 minutes the
vehicle will be turned off.
4. When installing aftermarket equipment such as construction strobe lights etc., on municipal
vehicles care will be taken to utilize power efficient equipment such as LEDs and ensure that
the power supply for the equipment will be available to the aftermarket equipment without the
vehicle running.
EXCEPTIONS:
There will be operations that will require the items noted above to not apply. Exceptions to the policy
shall include:
1. When a piece of equipment has equipment installed on it that requires the vehicle to run to
power it. Examples include a power takeoff driven hydraulic pump, power inverter for the
supply of AC power.
2. In the event that the vehicle provides shelter for municipal employees during inclement
weather. There are times that employees may be performing work and need to get out of the
elements and seek shelter.
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Appendix L
Municipality's Code of Conduct for Employees
Purpose:
To provide guidance and direction on the general standards which are expected to govern your
conduct as an employee of the Township of Malahide, and the methods of enforcement and penalties
for a breach of this Code.
Policy:
Responsibility and Authority
The Township expects employees, as a part of their responsibility as an employee, to become familiar
with the provisions of this Code of Conduct.
Employees are responsible for complying with this policy during working hours and at work-related
functions that take place after hours.
An employee's Supervisor will ensure that the employee receives adequate and appropriate
information in relation to the provisions of this Code of Conduct and receive a copy of the Code of
Conduct and any schedules or amendments.
For employees to understand the standards in this Code, it is necessary that they read this document
as a whole, rather than rely on individual sections of the Code in isolation.
This Code of Conduct is authorized by the general powers of the Township to adopt By-laws for
appointing employees and prescribing employee duties, in order for employees to carry out the
policies of Council and in providing Municipal services.
Your Obligations
The Township expects employees to:
uphold the laws, by-laws and policies of the Township of Malahide, of Ontario and of
Canada, and shall take reasonable steps to avoid their breach, evasion or subversion;
ensure that their conduct, whether in a personal or official capacity, reflects and supports
public confidence in the Township; and
ensure that the employee's official powers or position are used properly in the public
interest, and that personal interest is secondary to public duty.
Report to the Township any Criminal Code charges and convictions that an employee
receives together with any violation which will have an impact on their job qualifications and
credentials.
Exceptions
In unique circumstances, an employee may feel that the public interest is not best served by
complying with a policy because it conflicts with another law or policy, or its impact would be contrary
to the public interest.
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In such cases, employees are expected to:
continue to carry out or support their duty unless doing so would constitute a substantial
risk to the Township or its ratepayers;
discuss the issue with their supervisor in order to clarify the direction; and
discuss the issue with the Chief Administrative Officer/Clerk if the matter is not clarified by
their supervisor.
Conflicts of Interest
Employees fulfill their public duty and earn the trust placed in them by the community when they:
base their decisions and conduct on what is good for the community
base their decisions against what is good for any other person or group, including yourself;
ensure that the potential for their being in a position of conflict is minimized; and
ensure that the potential for conflict is resolved as quickly as possible, and in favour of the
public interest.
Interests take two forms:
"pecuniary interest'', which involves financial matters; and
"non-pecuniary interest" which includes other forms of advantage, that put your personal
positions in conflict with your professional judgment.
If employees have a pecuniary or non-pecuniary interest in a matter under consideration by the
Municipal Council, its Committees, or another officer or employee of the Township, employees are
required to disclose the existence and the nature of the pecuniary interest in writing to the Chief
Administrative Officer/Clerk.
The Chief Administrative Officer/Clerk may disqualify an employee from participating in any
deliberations on the matter, and direct the employee not to discuss the matter with another Municipal
employee, interested part or member of the public in order to minimize the potential for a conflict of
interest for the employee and the Township.
Improper Use of Influence
Employees shall not use their influence as an employee of the Township in order to obtain advantage
or to affect an outcome or a decision that will benefit the employee, their family members or another
person or group.
Employees are also to refuse any attempt by any person to influence the making of a decision, unless
their involvement is consistent or required with the provision of the By-law or policy.
Acceptance of Gifts or Benefits
Employees shall not improperly use their influence as an employee of the Township to solicit or accept
for personal benefit or for the benefit of a family member, any form of benefit whatsoever (for example:
gifts, loans, discounts or other considerations) in connection with the performance of their duties.
A "benefit" for the purpose of this Code of Conduct does not include any gift or benefit that may be
provided to an employee:
as a part of their remuneration within the terms and conditions of their employment; or
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by other employees or members of Council on their resignation, retirement, special
recognition or on similar occasions.
Employees may accept, in an official capacity, any gift, hospitality, entertainment or benefits of
nominal value provided that they are satisfied in each instance that:
the acceptance of the gift or benefit will not bring the employee's integrity into question or
place the employee in a position where they are under an obligation to favour an individual
or firm;
the gift or benefit offered is a matter of protocol or social obligation that normally
accompany the employee's responsibilities;
the gift or benefit could not be reasonably construed as being given in anticipation or
recognition of special consideration by the Corporation.
Use of Municipal Discretion and Authority
As a municipal employee, employees are expected to treat members of the public and other
employees honestly and fairly, respecting their rights, duties and obligations, and to act responsibility
in the performance of their official duties.
When employees exercise a discretionary power in an official capacity, employees:
shall only use the power which has been given to them as it was intended;
shall be objective and impartial, and consider all relevant facts and matters;
Nepotism
shall be fair and equitable to persons under similar circumstances and give adequate
consideration where circumstances differ;
shall make a decision within a reasonable time frame having regard to the matter under
consideration and any relevant policy or law; and
shall confirm a decision in writing when asked by a party to the decision.
Employees shall not use their influence in order to obtain any other advantage within the Township on
behalf of a family member, or to affect the proper outcome of any procedure established by Municipal
policy.
Political Activity
The Township recognizes the right of all its employees to participate in political, party-political and
trade union or professional association activity, and acknowledges that such activity can be perceived
as conflicts of interest.
As an employee, you are governed by provincial legislation if an employee wants to seek election to a
position on the Malahide Municipal Council. If an employee wants to seek election to the Ontario
Legislature or the Parliament of Canada, they are entitled to a leave of absence without pay from the
nomination date until such time as it is clear that they become either a successful or unsuccessful
candidate.
Concurrent Employment
Concurrent employment or self-employment while employed by the Township (full-time, part-time,
casual or on a contract basis) can be seen as a perceived conflict of interest, if the employee's specific
skills, knowledge or contracts as a Municipal employee are valued by another person, business or
organization.
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RFP 12-01, Curbside Waste Management Collection Services
Employees require the approval of Chief Administrative Officer/Clerk to engage in concurrent
employment or self-employment in a profession related to the position they hold with the Township of
Malahide.
Employees will not require the approval of the Township if:
they are solely a director of a company where the company has no contractual or other
business relationship with the Township;
their concurrent employment does not involve the specific skills, knowledge or contacts
employees possess as a Municipal employee; or
the work is unpaid voluntary work of a charitable or non-profit nature.
To be considered for approval, the Chief Administrative Officer/Clerk will balance the interests of the
Township with employees' private interests, and will not approve their concurrent employment if:
it places the employee in a conflict with their official duties;
it affects the employee's ability or the ability of other employees of the Township to perform
their duties and functions; and
it occurs during scheduled working hours with the Township.
To be approved, employees must submit a statement which includes:
details of the proposed employment or self-employment and the proposed hours and times
of employment;
a statement whether the proposed employment impacts on an employee's ability to work
shifts, overtime, or on-call, including their availability in case an emergency is declared;
a statement of the contracts, if any, with other Municipal employees occurring as a result of
the concurrent employment; and
a statement whether any confidential or otherwise protected information, or property of the
Township may be impacted by the concurrent employment.
Use of Municipal Property
All municipal property, including equipment, tools vehicles, monies, computer hardware and program
licenses, electronic and paper files, technological innovations, intellectual property or any other item
developed by or through the Township or any of its employees is, and shall remain the property of the
Township.
Employees must request in writing and receive written permission of their supervisor or the Chief
Administrative Officer to use Municipal property for activities not associated with the performance of
their duties as a Municipal employee.
Personal Conduct
Employees are expected to:
whether during working hours or on personal time, conduct yourself in a friendly, courteous
and professional manner with all co-workers and the ratepayers;
report to their Supervisor any criminal charges sustained by the employee
report to their Supervisor any impacts to the validity of their required qualification in
accordance with their position job description.
maintain the highest ethical standards and refrain from gossip;
contribute to the efforts of the team and offer their assistance wherever required, whether
or not such assistance falls within the normal duties of their job;
co-operate freely;
do their part to ensure the smooth operation of the Township;
105
RFP 12-01, Curbside Waste Management Collection Services
consider whether they can do something themselves before asking for help;
be honest, trustworthy, reliable and dependable in fulfilling all of their duties;
take direction from and work co-operatively with their Director or Supervisor; and
support the creation of a respectful and harmonious working environment and not
participate or condone the use of inappropriate language, including but not limited to
swearing, excessive sarcasm, name calling, mocking, or the use of vulgar, obscene,
insulting, threatening or abusive language.
Enforcement
Complaints regarding contravention of this Employee Code of Conduct must be in writing and may be
made by any person, including employees and members of Council. Complaints must be filed with the
Chief Administrative Officer/Clerk.
The Chief Administrative Officer/Clerk shall have responsibility for enforcing this Employee Code of
Conduct. The Chief Administrative Officer/Clerk shall have the power to investigate any complaints
and to proceed with any action which is deemed appropriate, subject to any collective agreement
provisions if necessary.
The Chief Administrative Officer/Clerk or Council has the ability to request limited disclosure of
financial information in the event that the following officials are subject to a complaint regarding a
pecuniary interest:
Penalty
Chief Administrative Officer/Clerk
All Directors
Deputy Treasurer/Tax Collector
Deputy Clerk
All employees involved in purchasing or awarding or approving of contracts; and
All employees whose compensation exceeds $60,000.00 annually.
If an employee is found to contravene any section of the Employee Code of Conduct, they are liable
to, based on the serious nature, frequency and severity of the contravention:
verbal or written warning;
suspension with or without pay; and/or
Dismissal
All employees have an ability to appeal a decision of the Chief Administrative Officer to the Municipal
Council.
106
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RFP 12-01, Curbside Waste Management Collection Services ·-. -
Ap pe ndix E
Checklist of Requirements to be met for Proposal
~----~;;,,
Specific Mandatory Requirements Checklist
Check if Mandatory Procedural Forms: Completed
----··
Form of Proposal -Technical Submission (Sealed Envelope)
Form of Proposal -Schedule of Prices (Sealed Envelope)
A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR)
Abstract
A Copy of the Proponent's Certificate of Approval of a Waste Management
System (Waste Hauler's Certtflcate)
-
Proof of Insurance --
Mandatory Financial Forms:
Bid Deposit
Agreement for either: Performance Bond, Payment Bond, Performance Security
and/or Letters of Credit
--
80
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RFP 12-01, CL1rb~,itle VV ste Management Collection Services ---··-,-.
16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts wi ll be considered in the award
of the contract, and will apply after taxes):
16.2 I/WE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature ( or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 I/WE further declare that all statements, schedules and other information providad in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 ltWE further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 I/WE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to# __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME: ___ _ -------
ADDRESS: _______________ _
CITY/PROVINCE: __ _
POSTAL CODE/ZIP CODE
AUTHORIZED SIGNATURE: _____________ TITLE. ______ _
I/WE are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): _________________________ _
TELEPHONE NUMBER ( ) _____ FAX NUMBER....._._.._ _____ _
HST REGISTRATION# _____ _
EMAIL ADDRESS ________________________ _
DATE OF PROPOSAL ________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
81
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RFP 12-01, Curbside Waste Management Collection Serv[ces
~ -·---
AGRREMI£NT TO BOND
WE, the undersigned, HEREBY AGREE to become bound as Surety for
---------··-----
in a bond totaling ONE HUNDRED PERCENT (100%) of the CONTR.AC"l ~mou.nt, and t onfonni1,g 10 the
Instruments of Contract attached hereto, for the full and due performance of th¢ works shown or dl'.,i,~.r iht:d
herein, if the Tender for ----
is accepted by the Owner.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a
Performance Bond must be made to the undersigned within TEN (10) DAYS of Notice of Contract Award,
olh~rwisc the Agrcnnen1 shall be null and void.
DATEDAT _________ this ___ dayof ________ 20
Name of Bonding Company
Signature of Authorized Person
Signing for Company
(l:K>NDlNG COMP ANY SEAL)
Position
(This Form shall be completed and attached to the Tender submitted in Envelope 1)
82
r
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'
'RFP 12-01, Curbside Waste Management Collection Services
~ -. -·-' ...• -,
I!:::::===========:,:!;,===========~-~====
To be completed and returne1J with t•:,n ·k➔r in Envelope i .
=J
83
,.
,.
RFP 12-01, Curbside Waste Management Collection Services -.. _,,. ----~ . ... -
TENDERER'S EXPERIENCE
I Tenderer's Ex~erience in Similar Work I
Year Description of For Whom Value
Completed Work Work Performed
l .i ! !
I I
i !
l
!
To be completed and returned with tender in Envelope 1.
84
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RFP 12-01, Curbside Waste Management Collection Services
---r -~ • • • ,_
PROPOSED SUBCONTRACTORS
i
I
r _ ___,;,.:;:!""~---
,1 list of Pro2osed Sub-Contractors ;:;:;_..,_., .. ..... ·,,,.-.:=
Name of Proposed Addmss of
Sub-Trade Sub-Contractor Sub-Contractor
1; -----·-----...
t
'
\
f1 ~ I
I I II .. --====-!;!.'!=~~:---.. ,, .. ..., ..... _.,.
To be completed and returned with tender in Envelope 1.
I 85 •
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1-
...
' I RFP 12-01, Curbside Wast e Management Collection Services -----
Technical Submission Verification
------·-,. -· --·r --' -~-7, ITEM i ' STOPS PER WH --! ·~t}~M'~fT~ll,;; P ''.: it,1~f't :1 NO. DESCRtPTION t
I I I -•-11-~ ' ' r'•"•r, i}'lt11 , ' ·---.J. ___ -=:;~~-,,~~--"'lj
Part A-Curbside Collection of Recyclables
A.1 Municipality of Bayham I 11 2753 stops per week ⇒----~ -
5,500 stops per ~
A.2 Municipality of Central Eloin week ,: ---------------ti
A.3 Township of Malahide 2904 stops per week -----i ____ -~--, -
All three municipalities (Bayham, i 11,160 stops per
I :
~ i
A.4 Central Elain, Malahidej _______ L week __ ___ _L ___ 1
Patt B -Curbside Collection of Garbage ··---------. -· ----i
8.1 Municipality of Bavham 2753 stops per week ! :~
·------1 5,500 stops per
B.2 Municipality of Central Eloin week
B.3 Township of Malahide 2904 stoos per week
--·:1
'I ·--·---~
All three municipalities (Bayham, 11 , 160 stops per ii
8.4 Central EIQin, Malahide) week l;
Patt C ~ Curbside Collection of Leaf and Yard Waste {weeklv. 4x snrlna, 4x fall ~
C.1 Municioalitv of Bavham 1219 stoos oer week =:_~ C.2 Municipalitv of Central Elain 3300 stops oer week I
C.3 Township of Malahide 573 stops per week I!
All three municipalities (Bayham, \I \ C.4 Central EIQin Malahide) I 5092 stops per week ~ ---,,
I! Patt D -Bulk Bin Collection u
D. 1 Municioalitv of Bayham i 20 yard bin (s) ij
!: 6 yard bin (s) !I
D.2 Municipality of Central EIQin 1 20 yard bin (s} ~ -. --·-
6 yard bin (s} I --------·--•---11 D.3 Township of Malahide 4 yard bin (s) ~ -=--=-l!
---
------6 vard bin {s)
All three municipalities (Bayham, I I . /I
D.4 Central E!Qin)v1alal1ide) I I J -~ --
To be completed and returned with tender in Envelope 1.
86
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_RFP 12-01, Curt>~idP W:ist0 ivianagem_ent ~olfection Servi~es
Pricing Submission
-·--·--. ,-------. -· ·--
ITEM I j I PRK:EPER I TOTAL COST NO. I DESCRIPTION : STOPS PER WEEK STOP PER PER YEAR (ax ! j (a) I YEAR (b) I b' i ' -
Part A -Curbside Collection of Recyclables ----·-.•··-~
A.1 Municipality of Bavham 2753 stops per week $ $ -·-·-···------------5,500 stops per
A.2 Municioalitv of Central Elain week $ $ -· .... ---------··--
A.3 Township of Malahide 2904 stops per week $ $ ---·• ---
All three municipalities. (Bayham, I i 1,160 stops per
A.4 Central EIQin, Malahj qe_l -·-·--J ~~ee~ .. ,--$ -----•·--· $ ---,-~----• Part B -Curbside Collection of Garbaae -------------
8 .1 Municioalitv of Bavham 2753 stops per week $ $ --•--#••-
5,500 stops per
8.2 Municipality of Central EIQin week $ $ -· -----·--·~
8.3 Township of Malahide J904 sto~s p_er_ week $ $
All three municipalities (Bayham, 111,160 stops per I
BA Central Elqin, Malahide) we_§~k $ $ I
-I -Part C -Curbside Collection of Leaf and Yard Waste (weeklv, 4x soring, 4x ta.!!~ ~
I C.1 Municipality of Bavham 1219 stops per week $ ($ I l s I C.2 Municipalitv of Central Elain 3300 stops per week $
i
C.3 Township of Malahide 573 stops per week $ $
All three municipalities (Bayham,
C.4 Central Elain, Malahide) 5092 stops per week $ $
r,reM-f--
.. w••-• . .:;;::•••·==---••.;:;= .-:;..'--_"").:;.:.,.~.4""'1'Y,.:;:,;T,: ••
i I NO. l DESCRIPTION l BIN CAPACITY PRJCE PER UFT INCLUDING I I ! I I DlSPOSAL
Part D -Bulk Bin Collection ··-
D. 1 Municipalitv of Bavham 20 vard bin (s) $
6 yard bin (s) $ --·-----· --
D.2 Municioality of Central Elain 20 vard bin (s) $ -· --·
6 yard bin (s) $ ----------
D.3 T ownshio of Malahide 4 vard bin (s) $
6 yard bin (s) I $
D.4
All three municipalities (Bayham, ! 4 yard bin (s) 1$ Central Elgin, Malahide)
I
6 yard bin (s) $
20 yard bin (s) $
All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2.
I
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Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1 YO
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham.on.ca
W: www.bayham.on.ca
December 6, 2018
Norfolk Disposal Services Ltd.
811 Old Highway 24
Waterford, ON NOE 1 YO
Re: Agreement No. 0185-08 Waste Management Services Agreement
This correspondence is in regard to Agreement No. 0185-08 between the Municipality of Bayham and
Norfolk Disposal Services Limited for provision of curbside waste management collection services.
At this time the Municipality of Bayham will exercise one (1) of its renewal options pursuant to Section
15.4 of Agreement No. 0185-08. As such the Agreement will be up for renewal consideration again by
the Municipality on June 1, 2020.
Please let staff know if you require any additional information.
Regards,
Paul Shipway
CAO I Clerk
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham on.ca
W: www.bayham.on.ca
December 6, 2019
Norfolk Disposal Services
Ltd. 811 Old Highway 24
Waterford, ON NOE 1Y0
Re: Agreement No. 0185-08 -Waste Management Services
At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December
5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend
Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited
for provision of curbside waste management collection services.
At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In
all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged.
Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where
indicated and returning the same.
I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No . 0560
Norfolk Disposal (Authorized Signature) Date
Please do not hesitate to contact the undersigned should you require any additional information.
Regards, ~-----
Paul Shipway
CAOIClerk
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham on.ca
W: www.bayham.on.ca
December 6, 2019
Norfolk Disposal Services
Ltd. 811 Old Highway 24
Waterford, ON NOE 1Y0
Re: Agreement No. 0185-08 -Waste Management Services
At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December
5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend
Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited
for provision of curbside waste management collection services.
At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In
all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged.
Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where
indicated and returning the same.
I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No . 0560
Norfolk Disposal (Authorized Signature) Date
Please do not hesitate to contact the undersigned should you require any additional information.
Regards, ~-----
Paul Shipway
CAOIClerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: January 16, 2025
REPORT: CAO-03/25 SUBJECT: METHOD OF PROCUREMENT – CAPITAL ITEM FA-02 – FACILITY AUDITS
BACKGROUND
At its November 13, 2024 Special meeting, Council received Report TR-14/24 re 2025-2034
Capital Budget - Draft. The draft 2025-2034 Capital Budget included Capital Item No. FA-02 –
Facility Audits – with a $30,000 budgeted amount for 2025. Council passed the following motion
in part:
THAT Report TR-14/24 re 2025-2034 Capital Budget - Draft be received for information;
AND THAT Council approve in principle the 2025-2034 Capital Budget presented with
the following edits:
Reduce funding of PW-107 to 25k
Removal of WW-09
Update FA-02 to be 30k from reserve and 30k from levy
Addition of PW-135 and PW-136 in 2025
Amend PR-02 to remove the playground from the East Beach and replace it with
a playground at the Port Burwell Memorial Park
The total for Capital Item No. FA-02 is $60,000 as $30,000 was budgeted in 2024 and not used
during that fiscal year. To determine the budgeted amount, staff engaged Centric Engineering to
provide a quote for a 2025 facility audit.
DISCUSSION
The intent of this Report is to seek direction from Council on the procurement method for Capital
Item No. FA-02.
In 2014 and 2016, Centric Engineering along with various subcontractors under Centric
provided the Municipality with two separate facility audits comprising ten Municipal facilities,
noted below:
Bayham Municipal Office1
Public Works Building
Straffordville Community Centre
Vienna Community Centre2
Eden Community Centre3
Port Burwell Marine Museum
Port Burwell Library
Edison Museum4
Straffordville Fire Hall
Straffordville Library
The 2025 update will comprise the following facilities:
Straffordville Community Centre / Municipal Office
Public Works Building
Port Burwell Fire Hall
Port Burwell Marine Museum
Port Burwell Library
Straffordville Fire Hall
Straffordville Library
The 2025 update will not include the Port Burwell Lighthouse as this structure has been under
other professional review and intervention since late-2022.
The goal of the facility audits is to evaluate the structural and building envelope, mechanical and
electrical components, and building code compliance for above-noted facilities and make
recommendations to the Municipality for future capital work consideration, which will inform
future capital budgets.
Energy efficiency recommendations are a new category for this facility audit update. The
necessity to seek out methods to make facilities more energy-efficient is consistent with the
Municipality’s 2024-2029 Energy Conservation and Demand Management Plan (ECDMP),
approved by Council on June 20, 2024 in accordance with Ontario Regulation 25/23.
The quote provided by Centric Engineering and its subcontractors on this file include three
subcontractors with a total quote value of $57,900 + HST and disbursements.
Based on Municipal information, it appears the 2014 and 2016 audits were conducted by
Centric Engineering, et al. as sole awards/sources either due to costs being below the
thresholds for RFT/RFP of the day, and/or because the facility audits may reasonably include
confidential technical information about the facilities being reviewed. These facility audits are not
public documents.
1 Surplused and sold – Municipal office relocated to SCC, 2nd floor
2 Surplused and sold
3 Surplused and sold
4 Surplused and sold
Given the current-day estimate of costs to provide a full facility audit update, the Municipality’s
current Procurement Policy, authorized by By-law No. 2015-030, provides for two options for
Council’s consideration.
Request for Proposal (RFP)
Sections 8.17 to 8.21 outline the RFP process. The threshold for an RFP is $50,000 and, based
on the quote provided, this is the possibility that this process is indeed above the threshold. The
RFP process involves the creation of an RFP for public issuance, public opening, receipt of
bids, and a Council award for the work. Since a previous RFP for facility audits was not used,
the Municipality would have to create one either from scratch or alter one from another
municipality for its own needs. This is a staff component to develop an RFP and issue/award
same, however, the process is more transparent and may result in a lower overall cost to
Bayham.
Sole Source
Sections 8.35 to 8.37 outline the criteria for a Sole Source purchase. Sections 8.35g and 8.35h,
respectively, may apply to a Sole Source for FA-02.
Sections 8.35g and 8.35h state that Council may sole source:
“for matters involving security, police matters, or confidential issues, a purchase may be made
in a manner that protects the confidentiality of the contractor of the Municipality. Such
purchases may be made as a Sole Source Purchase;
in any situation where the Council of the Corporation of the Municipality of Bayham deems it
appropriate.”
There is the possibility that a facility audit identifies an issue(s) that should remain confidential
and be addressed through a Capital Item(s). There is also the likelihood that the audits will
review and discuss detailed technical information about the Municipality’s facilities that should
remain confidential. The added benefit to sole sourcing to Centric Engineering and their
subcontractors is they conducted the previous audits of a number of existing Municipal facilities
and are aware of the issues and recommendations of that day, which will inform their review,
and likely streamline the process. Finally, it is worth considering that a sole source would
shorten the timeline to receive a report with recommendations for staff review. This document,
ideally, informs the 2026 Capital Budget and future iterations of the 10-Year Capital Plan.
Having a report in place in the summer provides for that ability. Any additional time means that
consideration of recommendations may be moved back one budget cycle.
As the projected cost is over $10,000, Section 8.36 requires Council approval to sole source. In
consideration of technical information, knowledge capital, and timelines for the project, staff
recommend a sole source to Centric Engineering and their subcontractors to conduct 2025
Facility Audits in their total quoted amount of $57,900 + HST and disbursements.
STRATEGIC PLAN
3.1: Quality of Governance > To undertake strategies and technology and knowledge
capital investments that continuously improve a service-oriented governance
approach in Bayham.
Initiative(s): Not applicable
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Not applicable
RECOMMENDATION
1. THAT Report CAO-03/25 re Method of Procurement – Capital Item No. FA-02 – Facility
Audits be received for information;
2. AND THAT Council approve a sole source of Capital Item No. FA-02 – Facility Audits to
Centric Engineering, GB Architects, SEM Construction, and Callidus Engineering based
on their total quoted amount of $57,900 + HST and disbursements.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-001
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND ENVIRONMENTAL E360 SOLUTIONS LTD. FOR THE PORTABLE WASHROOM
SUPPLY, PLACEMENT AND CLEANING
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS RFT 04-24 – Portable Washroom Supply, Placement and Cleaning closed
on December 10, 2024;
AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT
04-24 – Portable Washroom Supply, Placement and Cleaning to Environmental E360
Solutions Ltd. on December 19, 2024;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Environmental E360 Solutions Ltd. for the portable washroom
supply, placement and cleaning;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Agreement attached hereto as Schedule “A” and forming part of this by-
law between The Corporation of the Municipality of Bayham and Environmental E360
Solutions Ltd. for the portable washroom supply, placement and cleaning;
2. AND THAT this by-law shall come into full force and effect as of January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
JANURAY, 2025.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 4
THIS AGREEMENT DATED THE 16th DAY OF JANUARY, 2025
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality”)
of the First Part
and
Environmental E360 Solutions Ltd.
(Hereinafter called the "Contractor")
of the Second Part
WHEREAS The Municipality contracts for the supply, placement and cleaning of portable washrooms at
various locations within the Municipality;
NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments
required hereby, and such other consideration as the parties hereto deem acceptable, the parties
agree as follows:
Section 1- Definitions
For the purposes of this Agreement,
1.1 "Council" shall mean the Council of the Corporation of the Municipality of Bayham;
1.2 "CAO" shall mean the Chief Administrative Officer of the Municipality of Bayham or
designate;
Section 2 - General Provisions
2.1 The Contractor shall be solely responsible for the supply, placement and cleaning of
portable washrooms within the Municipality for a four year time period from 2025 – 2028 in
accordance with this Agreement.
2.2 The Contractor shall supply all labour and equipment required for the supply, placement,
cleaning and removal of portable washrooms within the Municipality.
2.3 The Municipality shall annually provide the Contractor locations and amounts of portable
washroom units required.
2.4 The contractor shall be able to provide 24/7 emergency service to the locations provided
at the start of each year with a maximum service time of 2 hours.
2.5 Units shall be able to be secured to a structure in an event of continuous vandalism
occurs. (i.e. portable toilet tip overs)
Page 2 of 4
2.6 The Contractor shall be responsible for any damage made to Municipal or private
property. Any damage will be repaired at the expense of the Contractor and approved by
the Municipality.
2.7 The Contractor shall be responsible for all damage to units and will not hold the
Municipality liable for any damages to the units.
2.8 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in
an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham
as an additional insured in respect of all operations performed by or on behalf of the
Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse
without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance
shall be filed with the Municipality upon the signing of the Agreement and annually
thereafter throughout the term of the Agreement.
2.9 The Contractor shall agree to fulfil all of his obligations in compliance with the
Occupational Health and Safety Act and further agrees to take responsibility for any health
and safety violation that may occur. The Contractor shall indemnify and save harmless
the Municipality from any and all charges, fines, penalties and costs that may be incurred
of paid by the Municipality.
2.10 The contractor shall provide a Certificate from Workplace Safety and Insurance Board
indicating that all payments by the Contractor to the WSIB in conjunction with this
Agreement have been made and that the Municipality will not be liable to the Board for
future payments in connection with the Agreement. The Certificate shall be provided upon
signing of the Agreement and yearly thereafter until the expiry or termination of this
Agreement.
Section 3 – Administration
3.1 This Agreement shall take effect on the 1st day of January, 2025 and shall remain in
effect for a period of four (4) years.
3.2 It is understood by the parties hereto that there will be no adjustment in fees paid by
the Municipality for the first three (3) years of the Agreement with an increase of
1.5% in year four (4).
3.3 Payment shall be made in accordance with the attached Appendix ‘A’ net thirty (30)
calendar days following receipt of invoice.
3.4 The Municipality or Contractor may terminate this Agreement upon forty-five (45)
days’ notice in writing to the other party. Such notice may be mailed by ordinary
prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth
day following the date of the mailing.
3.5 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Page 3 of 4
Attention: CAO
Municipality of Bayham
PO Box 160
56169 Heritage Line
Straffordville, ON N0J 1Y0
Office: (519) 866-5521
tthayer@bayham.on.ca
(b) in the case of the Contractor:
Environmental 360 Solutions Ltd.
95 Eric T Smith Way, Unit 3
Aurora, ON
L4G 0Z6
Office: 1-855-486-4538
Section 4 - Agreement Definition
7.1 In construing this Agreement, words in the singular shall include the plural and vice versa and
words importing the masculine shall include the feminine, and the neuter and vice versa, and
words importing persons shall include corporations and vice versa.
Page 4 of 4
IN WITNESS WHEREOF the parties have duly executed this Agreement this 16th day of January, 2025.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2025-001 ) MUNICIPALITY OF BAYHAM
)
)
) _____________________________
) Mayor
)
) _____________________________
) Chief Administrative Officer
)
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 16th day of January, 2025.
In the presence of )
)
)
_______________________ ) ______________________________
Witness: ) Environmental E360 Solutions Ltd.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-002
A BY-LAW TO ADOPT A SOCIAL MEDIA POLICY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with 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 Council is desirous to enact a Social Media Policy;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Social Media Policy attached hereto as Schedule “A” and forming part
of this by-law is hereby adopted;
2. AND THAT this by-law shall come into full force and effect on the day of its
passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th
DAY OF JANUARY, 2025.
____________________________ _____________________________
MAYOR CLERK
Social Media Policy
Section 1 – Purpose
The Municipality of Bayham supports and promotes the use of social media as a tool to deliver
effective and accessible communication about Municipal news, services and programs to the
community.
The purpose of this Policy is to set guidelines and standards to ensure the appropriate use and
management of social media by employees whether at work or on personal time. These standards
are in place for the protection of all employees and representatives of the Municipality.
Section 2 – Scope
This Policy applies to all Municipality of Bayham employees, Members of Council, and
representatives of the Municipality.
Section 3 – General Provisions
Philosophy
The Municipality is committed to delivering quality services and administration that is done in a
transparent, accountable manner with a focus on communication and customer service. The
Municipality utilizes social media for the purposes of sharing municipal information to our
community, stakeholders, and visitors. Although having a social media presence, the Municipality
does not engage on other platforms to correct false information. Any member of the public looking
for information should always go through the Corporate Website or contact the Municipal Office
directly. The use of social media is to support the information that is posted through the Corporate
Website.
Corporate Social Media Accounts & Use
The Municipality of Bayham maintains a corporate Facebook page. The Clerk or designate is the
Account Administrator and has access to log in, publish, post, share, and answer direct messages.
The Account Administrator shall abide by the following:
Not disclose confidential information
Respect copyright laws
Ensure content is accessible
Not engage in online disputes
The Corporate Facebook page shall operate in a “post-only” manner. Information is to be shared
and/or posted without the ability for followers to leave comments. The intent of this approach is to
use social media as an additional gateway tool to direct users to the Municipal website for
comprehensive information.
The ability for followers to “direct message” shall be available, however, complaints received
through this channel will not be considered formally submitted. When applicable, the Account
Administrator or designate may respond to a direct message by referring to the appropriate contact
or location of information on the Corporate Website. At their sole and unfettered discretion, the
Account Administrator or designate has the authority to not respond to any direct message
deemed derogatory, abusive, profane, or hostile, or any direct message containing language
deemed to be bullying, harassing, or aggressive in nature.
The Account Administrator or designate shall only monitor the Corporate Facebook page and
direct messages during regular business hours.
Members of Council & Social Media
The open, transparent nature of social media can present procedural considerations for Members
of Council. It is important to note that communications via social media channels are not
considered official correspondence in the way email and letters to and from Council are deemed to
be official, as outlined within the Municipality’s current Procedural By-law.
Social media should not be used to conduct official Municipal business, other than to informally
communicate with the public and connect them to information on the Municipal website. Posts or
comments will not circulate any organizational or confidential information such as internal
deliberations or negative comments about the Municipality, Council, Employees, Representatives,
or Residents.
Council is encouraged to share Municipal social media posts.
Personal Social Media Accounts
Employees who maintain personal social media accounts are personally responsible for the posted
content and their conduct. Any information, images, and/or statements shared by the employee on
their personal social media account should never reflect negatively on the Municipality and
employees will be held accountable for what they share on social media if there is a risk of the
content leading to negative repercussions for the Municipality.
In all instances, Employees should conduct themselves professionally both on- and off-duty.
Employees should never make discriminatory statements or comments of a harassing or bullying
nature about anyone, including co-workers, management, customers, or vendors. Employees
should further adhere to the Municipality’s current Personnel Policy, which refers to social media
use.
Employees who use social media sites are prohibited from publishing any proprietary and
confidential corporate information.
Section 4 – Administration
This Policy and any social media presence will be overseen and administered by the Clerk
or designate.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-003
A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER PAYMENT
AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AND THE
CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE FIRE PROTECTION
GRANT PROGRAM
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Municipality of Bayham was notified on December 19, 2024 that its
application to the Fire Protection Grant program was successful in the amount of $16, 460.90;
AND WHEREAS Council of the Municipality of Bayham is desirous of entering into a Transfer
Payment Agreement for receipt of the funds and confirm ability to proceed with the identified
work within the grant application;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Transfer Payment Agreement attached hereto as Schedule “A” and
forming part of this by-law;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
JANUARY, 2025.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 25
ONTARIO TRANSFER PAYMENT AGREEMENT
THE AGREEMENT is effective as of the
BETWEEN:
His Majesty the King in right of Ontario as represented by the enter the full legal title of the Minister
(the “Province”)
-and -
(the “Recipient”)
CONSIDERATION
In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 Schedules to the Agreement. The following schedules form part of the Agreement:
Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget
Schedule “E” - Payment Plan
Schedule “F” - Reports.
1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and
supersedes all prior oral or written representations and agreements.
Page 2 of 25
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between
the Additional Provisions and the provisions in Schedule “A”, the following rules will apply:
(a)the Parties will interpret any Additional Provisions in so far as possible, in
a way that preserves the intention of the Parties as expressed in Schedule
“A”; and
(b)where it is not possible to interpret the Additional Provisions in a way thatis consistent with the provisions in Schedule “A”, the Additional Provisions
will prevail over the provisions in Schedule “A” to the extent of the
inconsistency.
3.0 COUNTERPARTS
3.1 The Agreement may be executed in any number of counterparts, each of which
will be deemed an original, but all of which together will constitute one and the
same instrument.
4.0 AMENDING THE AGREEMENT
4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.
5.0 ACKNOWLEDGEMENT
5.1 The Recipient acknowledges that:
(a)by receiving Funds it may become subject to legislation applicable to
organizations that receive funding from the Government of Ontario,
including the Broader Public Sector Accountability Act, 2010 (Ontario),the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor
General Act (Ontario);
(b)His Majesty the King in right of Ontario has issued expenses,
perquisites, and procurement directives and guidelines pursuant to the
Broader Public Sector Accountability Act, 2010 (Ontario);
(c)the Funds are:
Page 3 of 25
(i)to assist the Recipient to carry out the Project and not to providegoods or services to the Province;
(ii)funding for the purposes of the Public Sector Salary Disclosure
Act, 1996 (Ontario);
(d)the Province is not responsible for carrying out the Project;
(e)the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) and that any information provided to the Provincein connection with the Project or otherwise in connection with theAgreement may be subject to disclosure in accordance with that Act; and
(f)the Province is bound by the Financial Administration Act (Ontario)
(“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by theProvince of Funds under the Agreement will be subject to,
(i)an appropriation, as that term is defined in subsection 1(1) of the
FAA, to which that payment can be charged being available in the
Funding Year in which the payment becomes due; or
(ii)the payment having been charged to an appropriation for aprevious fiscal year.
SIGNATURE PAGE FOLLOWS
Page 4 of 25
The Parties have executed the Agreement on the dates set out below.
HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal
Date Name: Carrie Clarke
Title: Deputy Fire Marshal
Date Name:
Title:
I have authority to bind the Recipient
Date Name:
Title:
I have authority to bind the Recipient
TP Agreement – Shortened Page 5 of 25
SCHEDULE “A” GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(a)words in the singular include the plural and vice-versa;
(b)words in one gender include all genders;
(c)the headings do not form part of the Agreement; they are for referenceonly and will not affect the interpretation of the Agreement;
(d)any reference to dollars or currency will be in Canadian dollars and
currency; and
(e)“include”, “includes” and “including” denote that the subsequent list is notexhaustive.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
“Additional Provisions” means the terms and conditions set out in Schedule “B”.
“Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1.
“Budget” means the budget attached to the Agreement as Schedule “D”.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour
Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and
any other day on which the Province has elected to be closed for business.
“Effective Date” means the date set out at the top of the Agreement.
“Event of Default” has the meaning ascribed to it in section A12.1.
“Expiry Date” means the expiry date set out in Schedule “B”.
“Funding Year” means:
TP Agreement – Shortened Page 6 of 25
(a)in the case of the first Funding Year, the period commencing on theEffective Date and ending on the following March 31; and
(b)in the case of Funding Years subsequent to the first Funding Year, theperiod commencing on April 1 following the end of the previous FundingYear and ending on the following March 31 or the Expiry Date,whichever is first.
“Funds” means the money the Province provides to the Recipient pursuant to the Agreement.
“Indemnified Parties” means His Majesty the King in right of Ontario, and
includes His ministers, agents, appointees, and employees.
“Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement.
“Maximum Funds” means the maximum set out in Schedule “B”.
“Notice” means any communication given or required to be given pursuant to the Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4.
“Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient.
“Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement.
“Project” means the undertaking described in Schedule “C”.
“Records Review” means any assessment the Province conducts pursuant to section A7.4.
“Reports” means the reports described in Schedule “F”.
TP Agreement – Shortened Page 7 of 25
A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1 General. The Recipient represents, warrants, and covenants that:
(a)it is, and will continue to be, a validly existing legal entity with full powerto fulfill its obligations under the Agreement;
(b)it has, and will continue to have, the experience and expertise necessary
to carry out the Project;
(c)it is in compliance with, and will continue to comply with, all federal andprovincial laws and regulations, all municipal by-laws, and any otherorders, rules, and by-laws related to any aspect of the Project, the
Funds, or both; and
(d)unless otherwise provided for in the Agreement, any information theRecipient provided to the Province in support of its request for funds(including information relating to any eligibility requirements) was true
and complete at the time the Recipient provided it and will continue to betrue and complete.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a)the full power and capacity to enter into the Agreement; and
(b)taken all necessary actions to authorize the execution of the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has,
will maintain in writing, and will follow:
(a)a code of conduct and ethical responsibilities for all persons at all levelsof the Recipient’s organization;
(b)procedures to enable the Recipient’s ongoing effective functioning;
(c)decision-making mechanisms for the Recipient;
(d)procedures to enable the Recipient to manage Funds prudently and
effectively;
(e)procedures to enable the Recipient to complete the Project successfully;
(f)procedures to enable the Recipient to identify risks to the completion of
the Project and strategies to address the identified risks, all in a timely
manner;
TP Agreement – Shortened Page 8 of 25
(g)procedures to enable the preparation and submission of all Reportsrequired pursuant to Article A7.0; and
(h)procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to enable the Recipient to carry out itsobligations under the Agreement.A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0.
A3.0 TERM OF THE AGREEMENT
A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or
Article A12.0.
A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will:
(a)provide the Recipient with Funds up to the Maximum Funds for thepurpose of carrying out the Project;
(b)provide the Funds to the Recipient in accordance with the payment plan
attached to the Agreement as Schedule “E”; and
(c)deposit the Funds into an account the Recipient designates providedthat the account:
(i)resides at a Canadian financial institution; and
(ii)is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1:
(a)the Province is not obligated to provide any Funds to the Recipient untilthe Recipient provides the certificates of insurance or other proofrequired pursuant to section A10.2;
(b)the Province is not obligated to provide instalments of Funds until it issatisfied with the progress of the Project; and
(c)the Province may adjust the amount of Funds it provides to the Recipientfor any Funding Year based upon the Province’s assessment of theinformation the Recipient provides to the Province pursuant to section
A7.2.
TP Agreement – Shortened Page 9 of 25
A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following:
(a)carry out the Project in accordance with the Agreement;
(b)use the Funds only for the purpose of carrying out the Project;
(c)spend the Funds only in accordance with the Budget;
(d)not use the Funds to cover any cost that has been or will be funded orreimbursed by one or more of any third party, ministry, agency, ororganization of the Government of Ontario.
(e)not use funds to cover any cost that has or will be funded by the
recipients regular operating or capital budget.
A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in
an interest-bearing account in the name of the Recipient at a Canadian
financial institution.
A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following:
(a)deduct an amount equal to the interest from any further instalments ofFunds;
(b)demand from the Recipient the payment of an amount equal to the
interest.
A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible
to receive, a rebate, credit, or refund.
A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds,
it will do so through a process that promotes the best value for money.
A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds
or for which Funds were provided, the cost of which exceeded the amount as
set out in Schedule “B” at the time of purchase.
TP Agreement – Shortened Page 10 of 25
A6.0 CONFLICT OF INTEREST
A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of
interest includes any circumstances where:
(a)the Recipient; or
(b)any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships, or financial interests that could,or could be seen by a reasonable person to, interfere with theRecipient’s objective, unbiased, and impartial judgment relating to theProject, the use of the Funds, or both.
A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without an actual, potential, or perceived conflict of interest unless:
(a)the Recipient:
(i)provides Notice to the Province disclosing the details of the
actual, potential, or perceived conflict of interest; and
(ii)requests the consent of the Province to carry out the Project withan actual, potential, or perceived conflict of interest;
(b)the Province provides its consent to the Recipient carrying out theProject with an actual, potential, or perceived conflict of interest; and
(c)the Recipient complies with any terms and conditions the Province may
prescribe in its consent.
A7.0 REPORTS, ACCOUNTING, AND REVIEW
A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify.
A7.2 Preparation and Submission. The Recipient will:
(a)submit to the Province at the address set out in Schedule “B” :
(i)all Reports in accordance with the timelines and content
requirements set out in Schedule “F”;
(ii)any other reports in accordance with any timelines and content
requirements the Province may specify from time to time;
TP Agreement – Shortened Page 11 of 25
(b)ensure that all Reports and other reports are:
(i)completed to the satisfaction of the Province; and
(ii)signed by an authorized signing officer of the Recipient.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation:
(a)all financial records (including invoices and evidence of payment)relating to the Funds or otherwise to the Project in a manner consistentwith either international financial reporting standards or generallyaccepted accounting principles or any comparable accounting standardsthat apply to the Recipient; and
(b)all non-financial records and documents relating to the Funds orotherwise to the Project.
A7.4 Records Review. The Province may, at its own expense, upon twenty-four
hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following:
(a)the truth of any of the Recipient’s representations and warranties;
(b)the progress of the Project;
(c)the Recipient’s allocation and expenditure of the Funds.
A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions:
(a)inspect and copy any records and documents referred to in section A7.3;
(b)remove any copies the Province makes pursuant to section A7.5(a).
A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by:
(a)ensuring that the Province has access to the records and documentswherever they are located;
(b)assisting the Province to copy records and documents;
TP Agreement – Shortened Page 12 of 25
(c)providing to the Province, in the form the Province specifies, anyinformation the Province identifies; and
(d)carrying out any other activities the Province requests.
A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records.
A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to
any rights provided to the Auditor General pursuant to section 9.1 of the Auditor
General Act (Ontario).
A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual, including public announcements or communications:
(a)acknowledge the support of the Province for the Project;
(b)ensure that any acknowledgement is in a form and manner as theProvince directs; and
(c)indicate that the views expressed in the publication are the views of the
Recipient and do not necessarily reflect those of the Province.
(d)obtain prior written approval from the Province before using anyGovernment of Ontario or ministry logo or symbol in any
communications including press releases, published reports, radio andtelevision programs and public or private meetings, or in any other typeof promotional material, relating to the Project or this Agreement.
A8.2 Notice of Project-Related Communications. Unless the Province directs the
Recipient to do otherwise, the Recipient will provide written notice to the Province
a minimum of 14 Business Days’ in advance of all Project-related publications,
whether written, oral, or visual, including public announcements or
communications.
A9.0 INDEMNITY
A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties.
TP Agreement – Shortened Page 13 of 25
A10.0 INSURANCE
A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and
will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property
damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following:
(a)the Indemnified Parties as additional insureds with respect to liability
arising in the course of performance of the Recipient’s obligations under,
or otherwise in connection with, the Agreement;
(b)a cross-liability clause;
(c)contractual liability coverage; and
(d)at least 30 days’ written notice of cancellation.
A10.2 Proof of Insurance. The Recipient will:
(a)provide to the Province, either:
(i)certificates of insurance that confirm the insurance coveragerequired by section A10.1; or
(ii)other proof that confirms the insurance coverage required bysection A10.1; and
(b)in the event of a Proceeding, and upon the Province’s request, the
Recipient will provide to the Province a copy of any of the Recipient’s
insurance policies that relate to the Project or otherwise to theAgreement, or both.
A11.0 TERMINATION ON NOTICE
A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions:
TP Agreement – Shortened Page 14 of 25
(a)cancel further instalments of Funds;
(b)demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
(c)determine the reasonable costs for the Recipient to wind down theProject, and do either or both of the following:
(i)permit the Recipient to offset such costs against the amount theRecipient owes pursuant to section A11.2(b); and
(ii)subject to section A4.1(a), provide Funds to the Recipient to cover
such costs.
A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT
A12.1 Events of Default. Each of the following events will constitute an Event of
Default:
(a)in the opinion of the Province, the Recipient breaches anyrepresentation, warranty, covenant, or other term of the Agreement,
including failing to do any of the following in accordance with the termsand conditions of the Agreement:
(i)carry out the Project;
(ii)use or spend Funds; or
(iii)provide, in accordance with section A7.2, Reports or such otherreports as the Province may have requested pursuant to sectionA7.2(a)(ii);
(b)the Recipient’s operations, its financial condition, its organizationalstructure or its control changes such that it no longer meets one ormore of the eligibility requirements of the program under which theProvince provides the Funds;
(c)the Recipient makes an assignment, proposal, compromise, orarrangement for the benefit of creditors, or a creditor makes anapplication for an order adjudging the Recipient bankrupt, or applies forthe appointment of a receiver;
(d)the Recipient ceases to operate.
A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions:
(a)initiate any action the Province considers necessary in order to facilitatethe successful continuation or completion of the Project;
(b)provide the Recipient with an opportunity to remedy the Event of Default;
(c)suspend the payment of Funds for such period as the Provincedetermines appropriate;
(d)reduce the amount of the Funds;
(e)cancel further instalments of Funds;
(f)demand from the Recipient the payment of any Funds remaining in thepossession or under the control of the Recipient;
(g)demand from the Recipient the payment of an amount equal to anyFunds the Recipient used, but did not use in accordance with theAgreement;
(h)demand from the Recipient the payment of an amount equal to any
Funds the Province provided to the Recipient;
(i)demand from the Recipient the payment of an amount equal to the coststhe Province incurred or incurs to enforce its rights under the Agreement,
including the costs of any Records Review and the costs it incurs to
collect any amounts the Recipient owes to the Province; and
(j)upon giving Notice to the Recipient, terminate the Agreement at anytime, including immediately, without liability, penalty or costs to the
Province.
A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of:
(a)the particulars of the Event of Default; and
(b)the Notice Period.
A12.4 Recipient not Remedying. If the Province provides the Recipient with an
opportunity to remedy the Event of Default pursuant to section A12.2(b), and:
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(a)the Recipient does not remedy the Event of Default within the NoticePeriod;
(b)it becomes apparent to the Province that the Recipient cannot
completely remedy the Event of Default within the Notice Period; or
(c)the Recipient is not proceeding to remedy the Event of Default in a waythat is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).
A12.5 When Termination Effective. Termination under Article A12.0 will take effect
as provided for in the Notice.
A13.0 FUNDS AT THE END OF A FUNDING YEAR
A13.1 Funds at the End of a Funding Year. Without limiting any rights of the
Province under Article A12.0, if, by the end of a Funding Year, the Recipient
has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions:
(a)demand from the Recipient payment of the unspent Funds;
(b)adjust the amount of any further instalments of Funds accordingly.
A14.0 FUNDS UPON EXPIRY
A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both.
A15.0 DEBT DUE AND PAYMENT
A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may:
(a)deduct an amount equal to the excess Funds from any further
instalments of Funds; or
(b)demand that the Recipient pay to the Province an amount equal to theexcess Funds.
A15.2 Debt Due. If, pursuant to the Agreement:
(a)the Province demands from the Recipient the payment of any Funds, an
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amount equal to any Funds or any other amounts owing under the Agreement; or
(b)the Recipient owes to the Province any Funds, an amount equal to any
Funds or any other amounts owing under the Agreement, whether or notthe Province has demanded their payment,
such amounts will be deemed to be debts due and owing to the Province by the
Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.
A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current
interest rate charged by the Province of Ontario on accounts receivable.
A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B".
A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the
King in right of Ontario.
A16.0 NOTICE
A16.1 Notice in Writing and Addressed. Notice will be:
(a)in writing;
(b)delivered by email, postage-prepaid mail, personal delivery, courier orfax; and
(c)addressed to the Province or the Recipient as set out in Schedule “B”, oras either Party later designates to the other by Notice.
A16.2 Notice Given. Notice will be deemed to have been given:
(a)in the case of postage-prepaid mail, five Business Days after the Noticeis mailed; or
(b)in the case of fax, one Business Day after the Notice is delivered; and
(c)in the case of email, personal delivery or courier on the date on whichthe Notice is delivered.
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A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption:
(a)Notice by postage-prepaid mail will not be deemed to be given; and
(b)the Party giving Notice will give Notice by email, personal delivery,courier or fax.
A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A17.1 Consent. When the Province provides its consent pursuant to the Agreement:
(a)it will do so by Notice;
(b)it may attach any terms and conditions to the consent; and
(c)the Recipient may rely on the consent only if the Recipient complies with
any terms and conditions the Province may have attached to the
consent.
A18.0 SEVERABILITY OF PROVISIONS
A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement.
A19.0 WAIVER
A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect.
A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the
Agreement by providing Notice to the other Party. A waiver will apply only to the
specific rights, powers or remedies identified in the Notice and the Party
providing the waiver may attach terms and conditions to the waiver.
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A20.0 INDEPENDENT PARTIES
A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or
employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship.
A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A21.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on:
(a)the Recipient’s heirs, executors, administrators, successors, andpermitted assigns; and
(b)the successors to His Majesty the King in right of Ontario.
A22.0 GOVERNING LAW
A22.1 Governing Law. The Agreement and the rights, obligations, and relations of
the Parties will be governed by and construed in accordance with the laws of
the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.
A23.0 FURTHER ASSURANCES
A23.1 Agreement into Effect. The Recipient will:
(a)provide such further assurances as the Province may request from timeto time with respect to any matter to which the Agreement pertains; and
(b)do or cause to be done all acts or things necessary to implement andcarry into effect the terms and conditions of the Agreement to their full
extent.
A24.0 JOINT AND SEVERAL LIABILITY
A24.1 Joint and Several Liability. Where the Recipient comprises more than one
entity, each entity will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
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A25.0 RIGHTS AND REMEDIES CUMULATIVE
A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.
A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A26.1 Other Agreements. If the Recipient:
(a)has failed to comply with any term, condition, or obligation under anyother agreement with His Majesty the King in right of Ontario or one ofHer agencies (a “Failure”);
(b)has been provided with notice of such Failure in accordance with therequirements of such other agreement;
(c)has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d)such Failure is continuing,
the Province may suspend the payment of Funds for such period as the
Province determines appropriate.
A27.0 SURVIVAL
A27.1 Survival. The following Articles and sections, and all applicable cross-
referenced Articles, sections and schedules, will continue in full force and effect
for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the
Reports or other reports as the Province may have requested and to the
satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and
Article A27.0.
END OF GENERAL TERMS AND CONDITIONS
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SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS
Maximum Funds $
Expiry Date March 31, 2025
Amount for the purposes of section A5.2 (Disposal)
of Schedule “A”
$ 5,000.00
Insurance $ 2,000,000
Contact information for the purposes of Notice to the Province
Name: Program Development & Analytics Unit, Office of the Fire Marshal, Public Safety Division Ministry of the Solicitor General
Attention: Katrina Nedeljkovich, Operations Manager
Address: 2284 Nursery Road, Midhurst, ON, L0L 1N0
Phone: 705-305-4595
Email: Katrina.nedeljkovich@Ontario.ca / OFMGrants@Ontario.ca Contact information for the purposes of Notice to the Recipient
Position:
Address:
Fax:
Email:
Contact information for the senior financial person in
the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement
Position:
Address:
Fax:
Email:
Additional Provisions:
None
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SCHEDULE “C” PROJECT
The Ministry of the Solicitor General, Office of the Fire Marshal received Treasury Board
(TB) approval for $30.0M grant over 3 years in funding to support the municipal fire
service in acquiring critical equipment and other needs (health and safety, minor
infrastructure and specialized tools) to improve and enhance the level of fire protection
service being provided. These approved funds are provided through what is known as
the Fire Protection Grant.
Year one of the Fire Protection Grant focuses on firefighter health and safety
(specifically cancer prevention measures) and minor infrastructure updates. These
themes were chosen based on feedback from fire stakeholders across Ontario about
the challenges and risks firefighters face in performing their duties.
The Ministry has identified four categories of eligibility:
•Cancer Prevention – Equipment (such as exhaust extraction systems in
the fire station or washing machines for firefighting gear to remove
contaminants, etc.)
•Cancer Prevention - Personal Protective Equipment (such as facepieces,
balaclavas, etc.)
•Cancer Prevention – Minor Infrastructure (such as showers in the fire
station, etc.)
•Technology – Minor Infrastructure (such as bringing internet to fire stations
that do not currently have access to improve connectivity and training
opportunities, etc.)
The grant application window opened on July 23, 2024 and closed September 5, 2024.
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SCHEDULE “D” BUDGET
Funding will be provided to the
upon execution of this Agreement.
Funding will be provided to the explicitly for the purchase of one, or a combination of, the items prescribed within the listed summary in Schedule "C". Copies of all invoices and receipts for said items will
be provided to the Office of The Fire Marshal as part of the Report Back described in Schedule “F” that forms part of this agreement.
The funds must be committed to the project as approved by March 31st, 2025. Subsequently, the funds must be spent by the municipality by the end of Provincial Financial Quarter Three (Q3) (December 31, 2025).
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SCHEDULE “E” PAYMENT PLAN
E.1 MAXIMUM FUNDS
The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule “B”.
E.2 PAYMENT SCHEDULE
The Funds will be provided to the Recipient for the Funding Year subject to the Agreement having been signed by the Province.
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SCHEDULE “F” REPORTS
As a condition of the Fire Protection Grant, a report back to the Office of the Fire
Marshal must be received by the end of Provincial Financial Quarter, Q3, to outline how
the grant was utilized and the benefit(s) seen at the department level.
As part of the report back the municipality will provide copies of all invoices and receipts for the items purchased for the approved project(s) as noted in Schedule C.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-004
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND NORFOLK DISPOSAL FOR RESIDENTIAL WASTE MANAGEMENT
COLLECTION SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Norfolk Disposal for residential waste management collection
services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Agreement attached hereto as Schedule “A” and forming part of this by-
law between The Corporation of the Municipality of Bayham and Norfolk Disposal for
residential waste management collection services;
2. AND THAT this by-law shall come into full force and effect as of July 1, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
JANURAY, 2025.
___________________________ _____________________________
MAYOR CLERK
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AGREEMENT MUNICIPALITY OF BAYHAM
Residential Waste Management Collection Services
BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter “Municipality”)
OF THE FIRST PART - AND - NORFOLK DISPOSAL SERVICES LTD.
(hereinafter “Contractor”)
OF THE SECOND PART
RECITALS:
WHEREAS the Contractor is the only available supplier of the services that meets the requirements of the Municipality of Bayham;
AND WHEREAS the Council of the Municipality of Bayham, on April 6, 2023, deemed it appropriate to resolve to award a sole source contract for the provision of curbside collection services to the Contractor;
AND WHEREAS the Municipality, pursuant to regulatory changes enacted pursuant to the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1, is no longer responsible for the collection of recyclables within the territorial boundaries of the Municipality;
AND WHEREAS the parties wish to formalize and set down their agreement in writing;
NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) now paid by each party to the other as well as the mutual covenants contained herein, the nature and extent of which consideration is acknowledged as sufficient and received, the Parties hereto agree as follows:
1. GENERAL
1.1. Purpose of Agreement
This Agreement to provide the Municipality of Bayham with curbside waste management and collection services, including the year-round collection of garbage at the curbside and from bulk bins and the occasional collection of yard waste, leaves, and large items from the curbside. 2. DEFINITIONS AND INTERPRETATION 2.1. Definitions
Page 2 of 13
In this Agreement, unless the context otherwise requires, the following terms shall have
the following meanings:
2.1.1. “Agreement” “Agreement” means this agreement, including any recitals and schedules to this
agreement, as amended, supplemented or restated from time to time.
2.1.2. "Confidential Information"
“Confidential information” shall mean any non-public information, whether in oral, written, electronic, or other form, disclosed by the Municipality to the Recipient that is identified as confidential or would reasonably be understood to be confidential under the circumstances. Confidential Information includes municipal plans, policies,
proprietary data, financial information, infrastructure plans, public safety strategies, internal reports, and any other information that is not publicly available.
2.1.3. “Work” shall mean all services the Contractor is obliged to provide to the
Municipality pursuant to this Agreement. 2.1.4. “Council”
“Council” means the Municipal Council of the Municipality of Bayham.
2.1.5. “Effective Date” “Effective date” means July 1, 2023 and the Parties hereby acknowledge and agree that notwithstanding that this agreement was executed subsequent to July 1, 2023, the terms and conditions contained herein shall be effective retroactive to and including July 1, 2023. 2.1.6. “Equipment”
“Equipment” shall mean all items that the Contractor is obliged to provide under this Agreement and shall include items not specifically named by the Agreement that are required in order to effectively, safely, and legally fulfill this Agreement. 2.1.7. “Term” “Term”, except as used in Section 4 herein, shall mean the entire duration of this Agreement and shall include any and all renewal terms and extensions. 2.2. Interpretation
2.2.1. Gender/Number
Words importing the singular shall include the plural and vice versa. Words importing gender shall include all genders.
2.2.2. Headings Do Not Govern
The headings contained in this Agreement are for reference only and in no way affect this Agreement.
2.2.3. “Include”
Except where context otherwise requires, all instances of the word “include” and all
Page 3 of 13
conjugations thereof should be read as though immediately followed by the words “without limitation”. 2.2.4. “Shall” and “Will” The words "shall" and “will” denote imperatives.
2.2.5. Governing Documents and the Precedence Thereof In case of:
i) any inconsistency or conflict between the provisions of this Agreement, Schedule “A” hereto, and the Specifications or General Conditions or Tender or Drawings or any other document or writing, or ii) in case of vagueness or ambiguity in the Schedule(s) hereto, the provisions of such documents, including definitions, shall take precedence and govern in the following order, namely: a) The body of this Agreement;
b) Schedule “A” hereto, including its Appendices, as updated from time to time in accordance with Section 3 of this Agreement, among which the most recent will govern; c) The provisions of RFP #12-01, attached hereto as Schedule “B”, pertaining to the calculation of service charges, but excluding the provisions of RFP #12-01 pertaining to the calculation of service charges for recycling services; and d) All provisions of RFP #12-01 not pertaining to the calculation of service charges. Said documents collectively form the entirety of the agreement between the parties and supersedes any prior agreements, understandings, negotiations, or discussions, whether oral or written, between the parties. No supplement, modification, amendment, or termination of any part of the agreement shall be binding unless in accordance with this Agreement or executed in writing by the Parties. 3. SERVICE The Contractor hereby agrees to provide the Municipality of Bayham with services including
Curbside Collection Services for the term of the contract. Curbside Collection Services shall include the collection, removal, and disposal of garbage, bulk bins, bulk materials/large items, yard and leaf waste, and all other services described in this Agreement. All Work shall be performed in a workmanlike manner to a standard of quality deemed acceptable by the Municipality. The Work to be performed by the Contractor shall include the supply of all materials, vehicles, facilities, equipment and labour necessary for the operation of Curbside Collection Services within the boundary of the Municipality and all related work as described herein. The Curbside Collection Service will operate as defined by the maps agreed upon by the parties in accordance with this Section. Materials shall be managed in a manner that minimizes the cost to the Municipality by
establishing an efficient collection that maximizes diversion rates as well as revenues.
Page 4 of 13
Without in any way limiting the generality or scope of the foregoing, the Contractor shall:
3.1. According to the Schedules, service schedules, and service maps contemplated in this Section, collect from the curbside: i) Approved Garbage; ii) Approved Leaf and Yard Materials; and
iii) Bulk materials and large items; and further collect from bulk bins:
iv) Garbage.
3.2. Deliver and deposit each of garbage; yard materials, including leaves; and bulk materials/large items to the proper location for that material, which location shall be licensed for the same and shall be approved in writing by the Municipality; 3.3. As requested by the Municipality, cooperate with the Municipality to determine:
i) service schedules; ii) specifics of service provisions as contemplated by this Agreement, such as the number of “bag tags”, if any, to be provided to residents; and iii) service maps corresponding to each service offered under this agreement.
Such schedules and maps shall be: iv) reduced to writing and shall form part of this Agreement; and
v) be agreed upon by the parties sufficiently in advance to permit the Municipality to inform its residents of the same;
3.4. Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as required by the Municipality, concerning all collection program operations; and 3.5. Comply with the service specifications and requirements laid out in this Agreement and in the schedules hereto. 4. TERM
The Parties agree that this Agreement shall commence on July 1, 2023 and shall continue until June 30, 2030.
4.1. Renewal
The Parties acknowledge and agree that this Agreement shall automatically renew on one (1) year terms with identical conditions for further terms as follows: i) a first renewal term commencing July 1, 2030 and ending on June 30, 2031, and
ii) a second renewal term commencing on July 31, 2031 and ending on June 30, 2032. Either Party may decline to renew this Agreement by delivering a Notice of Termination to the other, in which case the Agreement shall expire at the end of the then current term, unless otherwise terminated sooner in accordance with this Agreement. To take effect, such Notice of Termination must be delivered fifty-one (51) weeks in advance of the end date of the then current term. 5. TERMINATION
Page 5 of 13
Should the Contractor i) fail or neglect to commence or execute the work described in this contract in a diligent fashion; ii) become bankrupt, insolvent, or commit any act of insolvency;
iii) abandon the work or any portion thereof agreed to herein; or iv) fail to observe and perform any of the provisions of this contract, the Municipality shall notify the Contractor in writing of the deficiency. If the Contractor fails to remedy the deficiency or modify operations to eliminate the deficiency within five (5) working days the Municipality may order the contractor to discontinue all work under the contract and the Corporation may then employ such means as deemed necessary to complete the work. In such as case the Contract shall have no claim for any loss or damages resulting from the work being taken out of control of the Contractor and the Contractor shall be responsible for all costs for loss, damage or other related costs which may be suffered by the Municipality, including any amounts in excess of the contract price. In addition to any other remedy available at law, the Municipality may recover such amounts by deducting them from any monies owing to the Contractor or by utilizing any sureties in place. If the Contractor finds it necessary to terminate the contract, the Contractor shall provide the
Municipality with notice in writing, which shall be provided a minimum of fifty-two (52) weeks in advance of said termination. The Contractor shall be responsible for any increased costs to the Municipality across the term of this Agreement in the event of early termination. In addition to any other remedy at law, the Municipality reserves the right to draw on monies owing or to utilize any sureties in place for any increased costs across the remainder of the Term of this contract that are suffered by the Municipality as a result of such cancellation. The Municipality may terminate this Agreement at any time without cause and in its sole discretion upon providing to the Contractor twenty-six (26) weeks’ written notice. Where such termination notice is given by the Municipality, the Contractor shall continue to provide the services outlined in this Agreement during the notice period. 6. PAYMENT
6.1. Payment, Generally
Charges for services under this Agreement shall be invoiced and paid as described herein and as detailed in Schedule “A” hereto.
6.2. Invoices and Documentation
The Contractor shall submit an invoice to the Municipality at the end of each month representing billing for the work done for the previous month and the tax to be charged thereupon. The invoice will contain all required data to support that the Contract has been completed.
The Contractor shall also submit documentation on a monthly basis to accompany the invoice. Documentation will include an Excel spreadsheet, in the format provided by the Municipality, which summarizes all material collected by zone and route. A copy of this unlocked spreadsheet is to be emailed to the Municipality each month.
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6.3. Delay
In the event that there is a service delay for any reason whatsoever, the Contractor shall notify the Municipality thereof by email and telephone as soon as possible. The Contractor acknowledges that such delay could result in damages, including liquidated damages against the Contractor and that such damages may be deducted from any subsequent payment to the Contractor. Time is of the essence in this Agreement.
7. INSURANCE The Contractor shall maintain the following insurance requirements: Comprehensive general liability insurance, including bodily injury and property damage liability, personal injury liability, completed operations liability, blanket contractual liability with a severability of interest and cross liability clause to a limit of no less than five million ($5,000,000) dollars in respect to any one occurrence. The above-mentioned policy shall be endorsed to include the Municipality as an Additional Insured. Automobile liability insurance to a limit of no less than five million ($5,000,000) dollars per occurrence on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. Environmental Impairment liability insurance covering the work and services described in this Agreement including coverage for loss or claims arising from contamination to third party property or bodily injury during transit. Such policy shall provide coverage for an amount not less than one million ($1,000,000.) dollars and shall remain in force for at least twelve (12) months following the completion of work under this Agreement. Professional Liability Insurance covering the work and services described in this Agreement with limits not less than Five Million Dollars ($5,000,000) per incident. The aforenoted policies of insurance shall contain or shall be subject to the following terms and conditions: i) Be written with an insurer licensed to do business in Ontario; ii) Be non-contributing with, and will apply only as primary and not excess to, any other insurance or self-insurance available to the Municipality; iii) Contain an undertaking by the insurer to notify the Municipality in writing not less than sixty (60) days before any material change in risk or cancellation of coverage. iv) Any deductible amounts shall be borne by the Contractor. v) The Contractor shall provide proof of insurance upon execution of this Agreement. Proof of insurance shall be in the form of Certificates of Insurance, in form and detail satisfactory to the Municipality, signed by an authorized representative of the insurer. The Contractor will make available the complete original copies of all applicable insurance policies for examination if required by the Municipality. vi) Certificates of Insurance evidencing renewal or replacement of policies shall be delivered to the Municipality within fifteen (15) business days prior to the expiration or replacement of the current policies, without demand by the Municipality.
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8. INDEMNITY
The Contractor shall indemnify and hold harmless the Municipality, its officers, Municipal Council, Employees and volunteers from and against any liabilities; claims; expenses; demands; losses; costs, including legal costs on a full indemnity basis; damages; and suits or proceedings by whomsoever made, arising directly or indirectly by reason of any requirements of this Agreement, save and except for loss or damage caused by the negligence of the
Municipality or its employees. The Contractor shall take due and proper precautions for the prevention of harm to its employees and other persons and property during or in consequence of the work and, should the Municipality incur, pay or be put to any loss, damages, costs, charges or expenses or claims arising out of any failure to do so, the Contractor shall repay the same to the Municipality.
9. PERFORMANCE SECURITY
If it has not already submitted the same, the Contractor is required to submit a performance security guaranteeing the full and faithful performance of the services herein. Such security shall be in the amount of 25% of the successful Proponent's year one (1) annual price and shall be in a form satisfactory to the Municipality. Such security shall be delivered to the Municipality for execution within fifteen (15) working days after the date that his agreement is executed. Acceptable forms of security include only: i) An Executed Bond issued by a bonding agency licensed to operate in the Province of Ontario and on the Municipality standard Form of Bond; or ii) An Irrevocable Letter of Credit from one or more of the chartered banks of Canada operating in Ontario in a form acceptable to the Municipality Treasurer.
The Contractor agrees that in the event of any default or overcharge under this agreement, including the Schedules thereto, the Municipality reserves, in addition to all other remedies available at law, the right to draw upon such security to recoup its costs arising from such default or overcharge.
10. SAFETY AND EQUIPMENT
The Municipality and the Contractor agree that the Municipality does not have expert knowledge of relevant safety standards and requirements. The Contractor warrants and agrees that it has the expertise, knowledge, and abilities necessary to ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. The Contractor acknowledges that the Municipality relies on the Contractor’s warranty. The Parties therefore agree that ensuring that the Work
is performed in a manner that ensures the safety of the Contractor, Equipment operators, members of the public, and public and private property is the responsibility of the Contractor under this Agreement. The parties agree that essential services provided by the Contractor under this contract include the provision of proper safety training, equipment, and supervision. The parties agree that the Contractor will ensure that its employees, subcontractors, and all other agents of the Contractor comply with all requirements of this section.
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10.1. Equipment Required
The Contractor shall supply all equipment needed to complete the services required by this contract and shall properly train employees on the safe and proper use of that equipment. 10.2. Safety Equipment Required
The Contractor shall supply all safety equipment reasonably required to provide the Work contemplated in this Agreement. This includes safety equipment required for the transport and the use of any other Equipment. 10.3. Safety Training Required
Any and all operators, employees, subcontractors, or other agents of the Contractor shall be trained in a manner that ensures that their duties are carried out safely and in compliance with relevant statutory, regulatory, professional, or other applicable standards. Said training shall include training on emergency response measures. 10.4. Contractor to Ensure Compliance
The Contractor warrants that it is aware of and will at all times ensure compliance with all relevant safety standards, which include statutory, regulatory, by-law, professional, and other applicable safety standards. 10.5. Material Safety Data Sheet The Contractor will supply upon request and as applicable any appropriate Material Safety Data Sheet. 10.6. Workplace Safety and Insurance Board
The Contractor shall obtain and forward to the Municipality a letter of clearance from the
Workplace Safety and Insurance Board stating that the Contractor is in good standing with the Board. Such letter shall be obtained and provided on or shortly after the date that this
agreement is executed and annually thereafter.
10.7. Occupational Health and Safety
For clarity, and without limiting the generality of the above, the Contractor acknowledges that where, if at all, a “project” under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended, is undertaken in connection with this Agreement, it is the Constructor within the meaning of that act. The Contractor also unequivocally acknowledges that it is the “employer” under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, of the workers or agents that will fulfill the services under this agreement. The Contractor warrants that it has knowledge of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and all other health and safety regulations applicable in the Province of Ontario and that it will ensure compliance with the same throughout the term of this Agreement, including as amended, replaced, or supplemented.
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Without limiting the generality of any of the foregoing, the Contractor and any subcontractor thereof must: a) Demonstrate to the Municipality that it maintains a Health and Safety Program for the
protection of its staff and other persons that hash objectives and standards consistent with applicable legislation; and b) Ensure that workers in their employ are trained in the Workplace Hazardous Materials Information System, are aware of the hazardous substances that may occur or be in use at any place of work, and wear the appropriate personal protective equipment. 10.8. Certificate of Approval
The Contractor shall submit a copy of its Environmental Compliance Approval for its Waste
Management System as authorized and issued by the Ministry of the Environment and shall maintain such approval for the Term of this Agreement. 10.9. CVOR
The Contractor shall submit a valid Commercial Vehicle Operator’s Registration (“CVOR”) certificate for its Corporation. The CVOR certificate is to remain in good standing, meaning that the Overall Safety Rating must be satisfactory or better, for the Term of this Agreement. 10.10. Ministry of Labour Requirements The Contractor shall ensure that its employment practices, employment standards, and notices of contract comply with all relevant statutes, regulations, and requirements of the Ministry of Labour.
10.11. Accessibility for Ontarians with Disabilities Act
The Contractor shall ensure that all its employees, subcontractors, and other agents receive training in accordance with the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended, and with Ontario Regulation 191/11, made thereunder. 10.12. Spills
The Contractor will promptly report to the Municipality any spills or discharges of pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990 (“EPA”) and the regulations thereto, as amended from time to time. The Contractor shall comply with the requirements of the EPA, including all notice requirements (for example, notifying the Spills
Action Centre of the Ministry of the Environment (1-800-268-6060)).
The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s) to spills. Where appropriate, absorbent will be laid down immediately and, once
it has had the desired effect, it shall be scraped from the affected property. It is the Contractor’s responsibility to safely and properly ensure that the affected property is returned to a clean and tidy condition. Failure to respond immediately to a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for all damages arising from
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spills. 10.13. Emergency Plans
The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract.
The Contractor agrees to provide an emergency plan. The plan will detail those actions that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal operating procedures. The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their Designate. Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans. 11. MISCELLANEOUS
11.1.Notice All notices required or desired to be given to either of the Parties in connection with this Agreement as arising therefrom shall be in writing, unless otherwise specified, and shall be given by a facsimile transmission or hand delivery to an officer or director of the intended Party of Parties, at the following addresses:
MUNICIPALITY MUNICIPALITY OF BAYHAM 56169 Heritage Line, PO Box 160
Straffordville, ON N0J 1Y0 (519) 866-5521
sadams@bayham.on.ca
CONTRACTOR: NORFOLK DISPOSAL SERVICES LTD.
811 Old Highway 24 Waterford, ON N0E 1Y0 (519) 443-8022 bernie@norfolkdisposal.ca
or at such other address, facsimile number or individual as may be designated by written notice by the other party. Any notice given by personal delivery shall be conclusively deemed to have been given on the day actual delivery hereof and if given by facsimile transmission, on the business day on which it was transmitted. For purposes of this Agreement, "business day'' means the time between the hours of 8:30 a.m. to 4:30 p.m. every Monday through Friday, excluding statutory holidays recognized in the Province of Ontario.
11.2.Confidentiality
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The Contractor hereby agrees to keep confidential all confidential information received in the course of its duties under this agreement, including confidential information received
from the Municipality, except as otherwise required by law. The Contractor specifically acknowledges that the Municipality’s confidential information is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended or replaced, and the Contractor hereby attests to its knowledge of that act and the regulations thereto and affirms that it and its employees and agents shall comply with all requirements of that act and any regulations thereto. The Contractor acknowledges that with any form of information storage or transmission
there exists the risk of unauthorized disclosure. The Contractor agrees to take reasonable steps to mitigate said risks.
The Contractor specifically acknowledges that the confidentiality obligations under this Agreement shall survive the termination of this Agreement and continue indefinitely.
If the Contractor retains any Contractors of its own who will perform services under this Agreement, the Contractor shall ensure that such sub-Contractors execute a confidentiality agreement no less protective of the Municipality than this Agreement. 11.3.Changes in Law
The parties acknowledge that performance of the obligations required hereunder may be affected by changes in applicable laws of the Province of Ontario. In the event of a change in applicable legislation that results in a material impact on the performance of any act
required by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve mutually acceptable terms for the performance of acts required hereunder. If the Parties are unable to agree on the revised terms and conditions either Party may submit the dispute to arbitration in accordance with and pursuant to the provisions of the
Arbitration Act S.O. 1991, C. 17, and the arbitrator's decision shall be final and binding upon the Parties and upon their respective successors and assigns, and shall not be subject to appeal. 11.4.Non-Enforcement Does Not Constitute Waiver
No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement. 11.5.Local Conditions Investigated
The Contractor declares that it has either investigated for itself the character of the work and all local conditions that might affect the proposal or acceptance of the work, or that not having so investigated, it is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items thereof, more expensive in character or more onerous to fulfill, than was contemplated or known when the proposal was made of the Contract signed. The Contractor also declares that it did not and does not rely upon information furnished by
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any methods whatsoever, by the Municipality or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Municipality.
11.6.No Construction against drafter
Each party to this Agreement hereby acknowledges that it has been advised of its right
to engage independent legal counsel of its own selection in connection with the review and execution of this Agreement. As such, no party hereto shall be considered to be the drafter of this Agreement or any section hereof, and no presumption shall apply to any party as the “drafter.” Each party understands the advisability of seeking legal counsel and/or other professional advisors to review the Agreement, and has exercised its own judgment in this regard. 11.7.Execution by Counterpart; Electronic Signature
This Agreement may be executed in one or more counterparts and thereafter exchanged by scanned, emailed or facsimile transmission methods, each of which document, once executed, shall constitute an original thereof and all of which together shall constitute one and the same Agreement. This Agreement may be signed by way of electronic signatures, provided that such electronic signatures comply with any Municipal policies regarding the same. 11.8.Severability
If any clause of this Agreement shall be determined by a court of competent jurisdiction as illegal or unenforceable, then such clause shall be considered separate and severable from the rest of this Agreement, and the remaining provisions shall remain in full force and effect and shall continue to be binding upon the parties as though the illegal or unenforceable clause had never been included. 11.9.Assignment without Consent
Unless otherwise required under Applicable Law, neither party may assign this Agreement or any right or obligation under this Agreement without receiving the other party’s written consent in advance, which consent will not be unreasonably withheld.
11.10. Amendments in Writing
No supplement, modification, amendment, waiver, or termination of this Agreement shall be binding unless executed in writing by the Parties. 11.11. Governing Law
The validity, construction, and performance of this Agreement shall be governed by the laws of the Province of Ontario and the Law of Canada applicable therein from time to time.
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IN WITNESS WHEREOF this Agreement has been executed by the parties as of this ____ day of _______________, 2024.
SIGNED, SEALED, AND DELIVERED In the presence of ) NORFOLK DISPOSAL SERVICES LTD. ) ) ) per:_______________________________
) Name: ) Position: ) ) I/We have authority to bind the Corporation. ) )
) THE CORPORATION OF THE MUNICIPALITY OF ) BAYHAM ) ) ) per:_______________________________ ) Name:
) Position: Mayor ) ) ) per:_______________________________ ) Name: ) Position: Chief Administrative Officer
) ) I/We have authority to bind the Corporation.
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SCHEDULE “A” Curbside Collection Service Specifications and Requirements 1.0 Definitions and Interpretation 1.1 Definitions In this Schedule, unless the context otherwise requires, the following terms shall have the following meanings: 1.1.1 “Alternative Fuels” Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust emissions. 1.1.2 “Approved Garbage, Yard Material, and Fall Leaf Containers” Approved Garbage, Yard Material, and Fall Leaf Containers have the definition(s) given to them by Municipal By-Laws respecting the same, attached hereto as Appendix “A”. 1.1.3 “Collection Vehicles”
Collection vehicles means the vehicles used to collect Garbage, Yard Material, and Fall Leaves. 1.1.4 “Composting Facility “ Composting Facility means a facility that accepts Yard Materials and Fall Leaves and makes provision to remove contaminants from said materials and manually and/or mechanically compost the materials. 1.1.5 “Consumer Price Index or CPI” Consumer Price Index or CPI means the Consumer Price Index for Ontario, all items (excluding gasoline), as published by Statistics Canada or a comparable successor to such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be discontinued in its
present form. 1.1.6 “Council” Council means the Municipal Council of the Municipality of Bayham 1.1.7 “Curbside Collection Service”
Curbside Collection Service means the service that commences at the street curb in front of a residence, or another establishment (eg. business, school, etc), as specified in the Specifications. 1.2 Interpretation 1.2.1 Definitions Where the parties do not agree upon a definition herein, that disagreement shall be resolved by reference first to the definitions of the Agreement. If that does not resolve the disagreement, then the disagreement shall be resolved by reference to the definitions of RFP 12-01. If that does not resolve the disagreement, then the definition given by the Manager of Public Works or their designate shall govern.
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1.2.2 Gender/Number Words importing the singular shall include the plural and vice versa.
Words importing gender shall include all genders. 1.2.3 Headings Do Not Govern The headings contained in this Agreement are for reference only and in no way affect this Agreement. 1.2.4 “Include” Except where context otherwise requires, all instances of the word “include” and all conjugations thereof should be read as though immediately followed by the words “without limitation”. 2.0 Collection Schedule 2.1 Generally Curbside collection shall be provided in the applicable area, as defined by the relevant maps in Appendix “B” hereto, which may be amended or updated by the Municipality from time to time. Collection shall occur on the days defined by the Municipality's Waste Calendar for that year (the 2024 calendar being attached as Appendix “C” hereto), which is updated yearly and may be amended or updated by the Municipality from time to time. Materials collected shall accord with applicable by-laws and policies in force from time to time, including those appended hereto. Offloading of materials shall accord with all relevant offloading policies and procedures. 2.2 Garbage Collection
Garbage will be collected weekly.
2.3 Garbage Collection at Addresses of Bulk Bins
The Contractor will be required to collect large (6-yard and 20-yard) bins from two locations of approximately 70 residences total. In addition to these locations the
Municipality has a number of Bulk Collection sites on properties that they own, such as municipal operations centres, offices and community centres. The Contractor shall be
required to collect from other public sites and/or private sites at the Municipality’s request. Bulk bins shall be emptied by the Contractor on a weekly basis, or less
frequently as specified by the Municipality. Current bulk bin locations can be found in
Appendix “D”.
2.4 Leaf and Yard Waste Collection
Approved Leaf and Yard Materials are collected during Green Weeks as listed on the Municipality's Waste Calendar. The contractor shall provide weekly collection to
all designated areas for four (4) weeks in the spring and four (4) weeks in the Fall.
The Contractor will, in general, provide curbside collection of leaf and yard waste every spring commencing mid-April and ending the middle of May (4 weeks total). In
the fall, the Municipality notifies residents each October of the Green Weeks
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collection schedule. The start of the collection will be weather-dependent and based on seasonal effects on trees etc. Typically, the collection will commence near the third week of October with the collection of Leaf and Yard materials to be conducted
weekly for four (4) weeks. The Municipality will make reasonable efforts to promptly provide the Contractor with notice of the Fall Green Week Schedule. Residents are required to put their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week. The Contractor will have until Friday at 4:00 pm of Green
Week to collect these materials.
2.5 Bulk Material/Large Item Collection
Bulk Materials and Large Items are collected on the dates specified by the collection
calendar, being generally once a month in each of April, May, July, September, and
October. The Contractor will provide curbside collection of acceptable bulk materials
and large items, as defined by Appendix “E” hereto, as updated from time to time, in the areas as identified for Garbage Collection (the current maps being found at
Appendix “B” hereto). Residents are required to register with the Municipality for bulk
material/large item pick up. The Municipality will provide a list of properties requiring curbside bulk material/large item collection to the Contractor at least one week in
advance of the date for collection of the same and the Contractor shall service every property listed on said collection date. The Contractor shall take all reasonable
efforts to ensure that such collection is efficient and minimized expense to the
Municipality.
2.6 Statutory Holidays
For the purpose of this Contract, Statutory Holidays will be the following days:
o New Year's Day
o Family Day o Good Friday
o Easter Monday
o Victoria Day o Canada Day
o August Civic Holiday
o Labour Day o Thanksgiving Day
o Christmas Day
o Boxing Day
2.7 Holiday Schedule Accommodation
The Municipality notifies residents each year of the collection schedule for Statutory
Holidays. Those receiving the Curbside collection services are informed of the Statutory Holiday schedule through the Collection Calendar.
It is important to note that in the event of a Statutory Holiday falling within a given
week, the contractor shall make accommodations to ensure that every resident is provided curbside collection of Garbage. The contractor should make provisions to
not collect Garbage on Statutory Holidays unless alternative storage of materials collected is provided by the contractor. Such storage must be in compliance with all
applicable federal, provincial and municipal laws. In the past, the Saturday of the
week that contained the statutory holiday was used to provide this level of collection.
2.8 Hours of Work
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The contractor will conduct operations so as not to create a nuisance or disturb the
peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m.
In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the garbage unloaded at the designated landfills prior to regular closing
hours.
In the case of leaf and yard materials, each Municipal Area must be completed by 5:00 p.m. and the material unloaded at the designated processing facilities prior to
closing.
Whenever the Contractor desires to depart from the normal working hours specified above (e.g. to compensate for weather conditions), written approval from the
Manager of Public Works or their designate must be obtained. No Saturday or Sunday work will be permitted except in the case of an emergency or if directed by
the Manager of Public Works or their designate.
Whenever, in the judgment of the Manager of Public Works or their designate, it may
be necessary or expedient to do additional work from the day collection service at
night, on Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime work shall be performed by the Contractor without additional or
extra cost to the Municipality.
3.0 Contractor Requirements and General Specifications 3.1 Coordination Meetings
The Contractor shall attend such meetings with Municipality staff as may be required by the Municipality to co-ordinate services.
3.2 Innovation Clause
To ensure continuous improvement and best practices, the Contractor shall attend meetings as required by the Municipality to present and discuss proposals for
improvements to the effectiveness (percent of material being recovered), efficiency (net cost of the materials recovered), or environmental impact of the Work. Such proposals
may include the use of alternative fuels and other green fleet initiatives.
3.3 Contractor’s Base of Operation
The Contractor shall maintain an office or base of operation satisfactory to the Municipality during normal business hours (7:00 a.m. to 5:00 p.m.). The office/base of operation shall be equipped with telephones, computers (with high-speed internet and
email capability), and a fax machine. The Contractor shall staff the site during normal
business hours, Monday to Friday to receive correspondence from the Manager of Public Works or their designate regarding contracting issues and to help carry out the work and
corrective actions.
The base of operation shall have adequate parking space available to accommodate the
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parking requirements of the collection vehicle fleet and any other vehicles used in the administration of the Contract.
The Manager of Public Works or their designate may visit the Contractor's office from time to time to participate in meetings and to ensure that the facilities are adequately meeting the needs of the Contract.
The Contractor shall provide information regarding their office to the Municipality.
3.4 Collection from Private Property The Contractor will be required to enter onto private property to pick up garbage, leaf and yard waste, and bulk materials and large items. 3.5 Scavenging
The Contractor’s staff shall not scavenge materials collected through the Municipality's waste collection programs under any circumstances. 3.6 Promotion and Education
The Municipality will be responsible for the design, production and distribution of all required promotion and education materials.
The Contractor will participate in promotion and education campaigns to raise waste
reduction awareness within the Municipality. Components of the promotion and
education campaigns may include contact with the public on collection routes (e.g.
answering questions, providing information), utilization of stickers to identify garbage items placed at the curbside that are not fit for collection, etc.
3.7 Cooperation with Demonstration Projects
In the event a demonstration or pilot project is undertaken, the Municipality may suspend,
delay and/or monitor all or a portion of the Work in a defined area. The Municipality may require the Contractor’s workforce and/or equipment to participate in or operate a
demonstration project. Should the Contractor’s workforce and/or equipment be required,
the basis of payment will be determined at the time of the project by the Municipality through mutual consent with the Contractor.
The Manager of Public Works or their designate reserves the right to contract or partner with any other person, agency or firm, for the purposes of conducting any demonstration
project.
3.8 Record Keeping and Reporting Requirements
The Contractor is to maintain a comprehensive record-keeping program and submit
reports to the Manager of Public Works or their designate concerning program operations. Table 1 details the record-keeping and reporting requirements and their
respective due dates.
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Table 1: Record and Report Items
RECORD or REPORT ITEM DUE DATE
Age of Vehicles Report each time a Collection Vehicle is replaced either because it has exceeded the eight (8) year mark or due to mechanical failure.
Within fourteen (14) days of the change.
Accidents All accidents MUST be accurately documented and reported (whether minor or
major) involving the public or damage to private or public property within one (1) hour of occurrence.
Immediately (within one
(1) hour of the incident).
Damage Claims
Provide written records and copies of claims (for each occurrence) where damages
have been sustained, and as they apply to the Contract.
Within two (2) business days of receipt of the record or claim.
Mechanical or Oil Spills Report any spills to the Spills Action Centre of the Ministry of the Environment (1-800-268-6060) in addition to the Manager of Public Works or their Designate.
Immediately (within one
(1) hour of the incident).
Routine Collection Issues and Corrective Actions Notify the Municipality of corrective measures taken to resolve routine collection
issues such as missed stops, broken blue boxes/carts, etc. brought to the attention
of the Contractor by the Municipality.
End of Day or at a time
agreed by the Municipality.
Non-routine Collection Issues and Corrective Actions Notify the Municipality of all non-routine collection issues such as incomplete routes,
disagreements between a resident and a collector, etc. and the proposed corrective
measures to be taken in response to the issue.
Immediately (within one (1) hour of the incident).
Certificate of Approval of a Waste Management System
Provide evidence of a valid Certificate of Approval of a Waste Management System
throughout the Contract. Annually (September)
Resolved Claim Notification
Provide written confirmation that all claims for damages from residents were resolved
within thirty (30) days of the receipt of a claim.
30 days following the claim
4.0 Collection Vehicles 4.1 General
The Contractor is required to provide appropriate collection vehicles for the completion of the Work, as defined below. Failure to provide such collection vehicle(s) shall be
sufficient reason to declare the Contractor in default. 4.2 Age of Collection Vehicles
No collection vehicles, including spare collection vehicles, used in the performance of the Work shall exceed eight (8) years of age during the term of the Contract, except that,
if the Contractor experiences a delay in the procurement of new vehicles, vehicles aged eight (8) to ten (10) years of age may be used where the Municipality is annually
furnished with a safety certificate certifying the roadworthiness of such vehicle. Under
absolutely no circumstances shall a vehicle in excess of ten (10) years of age be used
in the performance of the Work.
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4.3 Physical and Mechanical Requirements
All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of
the materials. Collection vehicles must also be mounted on an adequate truck chassis and must be capable of loading and unloading garbage, yard materials and fall leaves at
the Curbside as well as the Landfill and composting facility.
4.4 Appearance of Collection Vehicles
It is expected the collection vehicles will be maintained in a rust-free condition for the duration of the contract. Throughout the contract, the Municipality will require the
Contractor to re-paint any or all collection vehicles not in a rust-free condition at the
Contractor's expense.
The Contractor will not carry advertising on the collection vehicles. Waste management
messages may be promoted on the collection vehicles with the approval of the Manager
of Public Works or their designate.
Collection vehicles shall be freshly painted and display the Contractor's name and logo. The Contractor is required to arrange and supply all labour as necessary to paint the
collection vehicles.
The Contractor shall ensure that each collection vehicle displays a four (4) digit identification number of sufficient size to be easily identified on the front, rear and sides.
The last two (2) digits of the identification number shall represent the year the collection vehicle was manufactured. Any additional collection vehicles which may be required
during the contract will also require a similar system of numbering.
The Contractor shall at their own expense arrange for the exterior of all collection vehicles to be washed a minimum of once a week or as directed by the Manager of Public Works or their designate. The Contractor shall also disinfect the inside and outside of the
collection vehicles on a regular basis or as directed by the Manager of Public Works or
their designate so as not to cause any offensive odours.
4.5 Daily Supply of Collection Vehicles
The Contractor shall license, operate and maintain at all times, a sufficient number of
collection vehicles to properly maintain the standard of service provided for in the contract.
The Contractor is fully responsible for determining and providing the number of collection vehicles required to perform 100% of each day's collection within the designated times. In the event of equipment breakdown, the Contractor shall supply without unreasonable
delay sufficient alternative equipment to complete the work in accordance with the terms of the contract.
If in the opinion of the Manager of Public Works or their designate, the Contractor does not have adequate collection vehicles to properly provide service in accordance with this
contract(s), the Manager of Public Works or their designate has the right to require the
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Contractor to increase its number of collection vehicles to ensure that the performance is in accordance with the terms of the contract. The Contractor shall comply with the direction and shall not be entitled to additional compensation over and above the contract
unit prices as a result of any requirements for these additional collection vehicles.
The Contractor shall have access to a sufficient number of spare collection vehicles to dedicate to this contract to ensure that in the event of a breakdown, the collection continues to be performed in accordance with the terms of the contract. The Contractor shall have access to at least one (1) spare garbage collection vehicle that can attend the
Work without unreasonable delay.
4.6 Maintenance of Collection Vehicles
Collection vehicles must be maintained in an exemplary condition and on a regular basis. The Contractor is responsible for the maintenance, repairs and operating costs of the
collection vehicles including fuel, lubrication, licensing, insurance, washing and storage.
The Contractor will maintain a record of all maintenance services performed on the
collection vehicles and shall forward a copy of the record to the Municipality if requested.
The collection vehicles are to be properly constructed and maintained to eliminate the depositing of debris onto the street during collection and while traveling to the Material
Recovery Facility and or to the Landfill or composting sites. Any collection vehicle found
to be depositing debris as a malfunction of the vehicle shall be removed immediately from performing the work.
The Contractor shall promptly repair all body damage such as scratches and dents to the satisfaction of the Municipality.
The Contractor shall make every reasonable effort to ensure collection vehicles are
empty of Materials at the end of the day.
The Municipality reserves the right to have any collection vehicle it deems not mechanically sound, clean or properly labelled removed from the work until such time as
the collection vehicle is deemed mechanically sound, clean and properly labelled.
4.7 Additional Equipment for Collection Vehicle
Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage bags for the purpose of cleaning up any debris that has spilled while performing
the work.
Each collection vehicle will also be equipped with a spill kit that shall include absorbent material in the event of an oil, fuel, or hazardous material spill and a mat for the purpose
of covering storm and sanitary sewers covers/ catch basins in order to prevent spills to these locations.
All collection vehicles must be fitted with all necessary safety devices, which shall be maintained in good repair at the Contractor’s sole expense and which shall include a two-way radio, a fire extinguisher, a first aid kit, and reflective safety vests.
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5.0 Staffing 5.1 Contract Supervision by the Contractor
The Municipality will be provided, to the satisfaction of the Manager of Public Works or their designate, with the email addresses and telephone numbers of the Contractor's
representatives, who may be contacted at any time, 24 hours per day, 7 days per week, on matters relating to this contract and who shall have overall responsibility for the
contract. Email accounts must be checked, at a minimum, twice per day, Monday to
Saturday. This does not eliminate the need for such representatives to receive routine emails, telephone calls, and work orders throughout the day.
5.2 Route Supervisor(s)
The Contractor must have on duty on all collection days a qualified supervisor to ensure courteous, prompt and efficient service. The route supervisor(s) will be available during
all hours the trucks are carrying out the work to receive and address complaints or concerns. The supervisor(s) must have a vehicle that is capable of picking up material
missed by any of the collection vehicle operators. The route supervisor(s) will be equipped with handheld devices which are capable of both telephone and email communication.
5.3 Customer Service Standards
Employees shall be polite, courteous and respectful towards the public and Municipal staff at all times. The Contractor shall employ for this work, only competent and skillful workers. The Contractor shall ensure that a high standard of service, courtesy and consideration is exhibited in all of its dealings with residents, visitors and the general
public. The Contractor shall conduct all of its operations, including its administrative
functions, with the utmost regard for enhancing public relations and for upholding and
maintaining the positive public image of the Municipality.
Specifically, the Contractor shall ensure that:
a) workers comply with the collection stipulations outlined for the collection contract;
and b) workers are well informed of the customer service standards expected of them,
including:
i) to be professional in attitude and appearance; and
ii) applicable codes of conduct and/or personnel policies.
5.4 Customer Service Training
All staff retained by the Contractor for this contract shall have appropriate, specialized training to ensure that they behave at all times in a polite, courteous and respectful
manner while fulfilling their duties. The Contractor will use this training to help prevent
any of the following incidents from occurring:
a) Staff in possession of or under the influence of alcohol, illegal narcotics or
controlled substances;
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b) unsafe practices; c) use of foul, profane, vulgar or obscene language; d) exhibiting behavior that may reasonably be considered offensive or unacceptable
customer service; e) solicitation of gratuities or tips from the public for services performed under the contract; f) refusal to collect and, or handle material placed out for collection in accordance
with the contract;
g) deliberate or reckless destruction of private or public property; h) deliberate or reckless scattering, spilling, or disposal of collectable materials,
non-collectable items, or collection containers that have been set out by program
participants;
i) provision of any collection service by an employee who is not wearing an easily
identifiable, neat, and clean uniform;
j) scavenging; and
k) collection of materials such as garbage that is not properly tagged.
The Manager of Public Works or their designate may bring, to the attention of the
Contractor, employee performance issues or any of the obligations under the contract or assess Liquidated Damages as noted in the Special Provisions where the Manager of
Public Works or their designate, in his or her sole discretion, considers that any of the
above incidents have occurred. The Contractor acknowledges that the occurrence of the above results in damages to the Municipality, including harm to the reputation of the
Municipality.
5.5 Personnel Listing
The Contractor shall provide the Manager of Public Works or their designate with a list of management and supervisory positions, including names of persons involved in the
Collection Program operations, one (1) month prior to start-up and whenever there are changes to the list due to changes in personnel or the addition or deletion of positions.
Included in the personnel listings will be the telephone numbers and email addresses for
all administrative and supervisory staff that will be in contact with the Municipality. 5.6 Code of Conduct
The Contractor shall ensure that all of its employees, subcontractors, or other agents are
held to standards that meet or exceed all employee obligations relating to non-violence, civil conduct, and customer service found within the Personnel Policy, attached hereto
as Appendix “F”.
6.0 Collection Program Specifications 6.1 Collection Service – Garbage, Leaf and Yard Material Collection Service
Garbage
Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of bulky item garbage (oversized items and furniture) is not accepted
during routine garbage collection. The municipality utilizes "bag tags" to promote
waste reduction while providing flexibility. No garbage should be collected that is not
properly exhibiting a "bag tag" for the current year. If garbage is placed at curbside
Page 11 of 20
utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the bag tag.
The container limit for the Municipality shall be indicated yearly to the Contractor.
Several materials are banned from Curbside collection, including bulky items, appliances, construction and demolition materials and electronics. The Contractor
must ensure materials collected comply with the permitted materials for collection and, if
materials set out do not comply, the Contractor shall leave an information tag on the
materials explaining the refusal to collect.
Table 2: Garbage set out Requirements
Garbage: Acceptable Containers
• garbage bags
• garbage cans • 40 pounds maximum weight
Exceptions No
Bulky items permitted at curbside during
routine garbage collection No
Leaf and Yard Materials
There is no limit to the amount of leaf and yard materials that can be set out. Individual containers must weigh less than 22 kilograms (44 pounds) to be collected.
Table 3: Leaf and Yard acceptable containers
Container Options
Plastic Bags No
Compostable 'plastic- style' bags No
Paper Bags Yes
Reusable Containers (e.g. garbage cans) Yes
The Contractor must ensure that containers and materials collected comply with the
permitted containers and materials for collection and, if containers or materials set
out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect.
Page 12 of 20
6.2 Bulk Material/Large Item Collection Service Bulk Material or Large Items may be placed in bags or garbage cans or may be placed
“as-is”, where it is hygienic to do so, at the curbside for collection. Materials eligible for bulk material/large item curbside collection are specified in Appendix “E” hereto. The Contractor must ensure materials collected comply with the permitted materials for collection and, if materials set out do not comply, the Contractor shall leave an information tag on the materials explaining the refusal to collect. 6.3 Adding/Replacing Materials to Collect
The Municipality has the right to amend the definition of "garbage", "rubbish", ''waste", "non- collectibles” and related items at any time during the term of this contract. A change
in the definition shall be evidenced in writing with at least thirty (30) days' notice prior to the effective date of such change by the Manager of Public Works or their designate to the Contractor.
It shall be the responsibility of the Municipality to advise its residents within the collection area of any changes to the items that can be set out for collection under this paragraph
and the effective date of the change. The Contractor shall, upon the effective date of the
change in the definition of any type of collectibles under the terms of this agreement,
amend its collection practice to comply with new definitions.
If there is a change of 25% or more in the quantity of total garbage collected in two (2) consecutive years, or at a reduced time frame if approved by the Manager of Public
Works or their designate, this may form the basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive
years of decreases, and not one year of increase and one of decrease.
If there is a change of 50% or more in the quantity of total leaf and yard material collection in two (2) consecutive years, or at a reduced time frame if approved by the Manager of
Public Works or their designate, this may form the basis of a re-negotiation of the existing contract. For clarity, this means two consecutive years of increases or two consecutive
years of decreases, and not one year of increase and one of decrease.
The Contractor acknowledges that:
a) That government legislation or regulations may change, which may require the
Municipality to take responsibility for routine recycling or compost pick up within
the Municipality; and
b) That other significant changes to curbside pick up programs not covered in the Contract may also be entertained by the Municipality from time to time.
The Contractor agrees that should the Municipality wish to add materials to the Collection Programs or make significant changes to the programs as noted above, they shall
speedily negotiate with the Municipality to determine the terms, if any, under which the
Contractor shall begin collection of these materials or implement the other significant changes.
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6.4 Waste Collection By-Law
Complete details on the collection rules for residential and businesses may be provided by Municipal Waste and Resource Materials Collections By-laws in force from time to
time throughout the term of this contract (see Appendix “A”).
6.5 Collection Locations and Numbers
The total number of locations to be served through the collection services at the start of the contract is estimated below. These numbers include residential stops, businesses,
non-profit organizations, municipal facilities and schools that may participate in the
collection program.
Table 4: Number of Collection Stops
Urban Household 1,417
Rural Household 1,534
Stops in Town Centres Included in Urban Centres above
Other stops (schools,
churches, gas
stations, etc)
Included above
These numbers should be taken as a base or estimate of the number of stops to be served by the Contractor. The Contractor will be required to continually add stops as new
communities grow.
7.0 General Operating Details for Collection 7.1 Garbage. Yard Materials and Fall Leaf Program
At a minimum, the method of collection:
a) must be collected with a packer collection vehicle; b) must be fully capable of collecting garbage and Leaf and Yard Materials and
in the acceptable containers identified herein;
c) must collect all material stipulated in the signed contract; d) must ensure that when collecting from garbage cans, collection crews:
i) place any garbage can(s) lid(s) beside the location where the garbage can(s) are found; and
ii) return the garbage can(s) to approximately the same location in which
they were found prior to collection, in an upside-down position; e) must collect items at the curbside or roadside of a public roadway in approved
containers; f) cause the least possible disruption and inconvenience to vehicular traffic,
pedestrian traffic and residences and, or businesses;
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g) must ensure collected material is transported directly to the designated disposal site. 7.2 Information Line
Municipality staff will generally forward service requests prompted by calls or emails
to the Municipality on to the Contractor.
The Municipality may operate a complaint and information line during regular
business hours. Through discussion with the callers, the Municipality may respond to simple queries, provide directions to end-users, or determine that further
investigation by the Contractor is required. For example, in cases where the materials were not placed in the appropriate location by the prescribed collection
start time, the caller will be instructed to store their materials until the next collection
day. Calls that require action by the Contractor (e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to the route supervisor
for immediate action.
7.3 Returning Containers after Emptying
All garbage cans used to set out materials will be replaced in approximately the same location in which they were found prior to collection, but in no case shall they be
replaced on the traveled portion of the road, driveway, parking lot or the pedestrian
portion of the sidewalk. Containers will be returned in an upside-down position and,
at no point, be placed as to block a driveway to a residence or business. Care shall be used not to damage the containers during collection.
7.4 Contractor Not to Collect
The Contractor is not required to collect Garbage, Leaf and Yard Materials that:
a) Are not set out in accordance with the Waste Collection By-Law (s) (see
Appendix “A”); or
b) Present a health risk to the collector (e.g. broken glass, hazardous material,
bee/wasp problems) bags that are estimated to contain more than minimal
amount of non-collectable materials.
The Municipality may provide the Contractor with information stickers which will advise program participants of the reasons that the material set out has not been
collected.
Under no circumstance will the Contractor provide written information to program participants that has not been approved and supplied by the Municipality.
7.5 Reporting of Non-Collectable Incidents and Use of Information Stickers Level 1: Routine
The Contractor shall not be required to record addresses for the routine use of
information stickers. Routine use includes:
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a) non-compliant material left behind
b) oversized container
c) overweight container
d) material not properly streamed, where streaming is required (recycling only)
e) Garbage not properly tagged with current years tags (if applicable).
f) cardboard boxes not broken down or oversized cardboard {recycling only)
Level 2: Hazardous
When a set-out presents a potential health risk to the collector or residents the Contractor will notify the Municipality immediately (i.e. within one (1) hour) of the nature of the
problem, including any and all information required to ensure the safety of Municipal staff
who may investigate the problem; the address at which the problem was encountered; and any other pertinent information.
7.6 Missed Collection Stops by the Contractor and Late Set Outs by Residents
If the Contractor misses one or more collection stops or part of a collection route or is asked to return for a late set-out, he or she will make every reasonable effort to collect
the missed set-out or late set-out on the same collection day. If this is not possible, the
missed or late set out will be collected on the following working day before 9 a.m. Liquidated Damages may apply for missed collections.
7.7 Spillage and Litter
The Contractor is required to clean-up spillage and loose materials resulting from the work. The Contractor will not leave or deposit any material on any portion of the street,
sidewalk, boulevard, or other private or public property.
7.8 Mechanical or Oil Spills
The Contractor will promptly report to the Municipality any spills or discharges of
pollutants or contaminants under the control of the Contractor. Such spills or discharges and their adverse effects are defined in the Environmental Protection Act, R.S.O. 1990
(EPA) and the regulations thereto, as amended from time to time. The Contractor shall
comply with the requirements of the EPA, including all notice requirements (Ex. notifying the Spills Action Centre of the Ministry of the Environment (1-800-268-6060)).
Where a spill occurs, in addition to the above requirements, any collection vehicles being operated in the area shall cease operation until the Contractor's Supervisor arrives on
site.
The Contractor shall train all staff, subcontractors, and agents on the safe and proper response(s) to spills. Where appropriate, absorbent will be laid down immediately and,
once it has had the desired effect, it shall be scraped from the affected property. It is the
Contractor’s responsibility to safely and properly ensure that the affected property is
returned to a clean and tidy condition. Failure to respond immediately to a spill may result in damage to asphalt or other property damage. The Contractor shall be responsible for
all damages arising from spills.
Page 16 of 20
If necessary, at the Municipality's discretion, a power wash and/or blacktopping will be utilized, at the contractor's expense. 7.9 Labour Dispute Contingency and Emergency Plans
The Contractor agrees to provide a written Contingency Plan addressing how it intends to perform its obligations under the contract in the event of a labour dispute, strike, slowdown or work stoppage involving employees, subcontractors, or agents of the Contractor who are providing the services set out in the contract.
The Contractor agrees to provide an emergency plan. The plan will detail those actions
that the Contractor will take to deal with emergencies such as ice storms, extreme snow storms, floods, fire or other natural disasters that may require deviation from normal
operating procedures.
The Contractor agrees to amend both the contingency and emergency plan as requested from time to time by the Manager of Public Works or their designate.
Further, the Contractor agrees to immediately provide the Director of Physical Services or their Designate with copies of any amendments to the plans.
8.0 Processing and Disposal Locations 8.1 Location of Landfill Sites
All garbage, including bulk materials and large items, shall be delivered by the
Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public Works.
The Contractor shall bear all charges for tipping waste under this contract, except for any such charges specifically contemplated in RFP 12-01 (being Schedule “B” to the
Agreement) and the submission of the Contractor in response thereto (being
Appendix “H” hereto). 8.2 Location of Composting Site for Leaf and Yard Materials All curbside leaf and yard materials shall be delivered by the Contractor to a licensed facility to be selected by the Contractor and approved by the Manager of Public
Works.
8.3 Audits and Inspections
At any time during each month of the contract, the Manager of Public Works or their designate may:
a) Conduct periodic waste audits of the material being collected to determine
the amount of non-compliant material being set out at the curbside.
b) Survey any of the Contractor's collection vehicles during collection to
ensure the Contractor's collection vehicles and the method of collection
comply with the requirements of the contract and any other legislation.
Page 17 of 20
c) Conduct audits on the incoming loads from vehicles to ensure that
residual levels are at an acceptable level. The audits shall be completed at the discretion of the Manager of Public Works or their designate and
the load(s) selected for the audit(s) will be inspected by an auditor designated by the Manager of Public Works or their designate to determine the actual contamination rate for the particular calendar month. If the contamination rate is greater than the allowable rate
specified in the RFP, the Successful Contractor will pay for the cost of
the audit. 8.4 Special Provisions The Contractor acknowledges that the Municipality will experience increased administrative and operational costs in the event of the Contractor’s non-performance or poor performance of its contractual obligations. Accordingly, the parties agree that in view of the difficulty of ascertaining the actual losses that the Municipality will suffer by reason of the non-performance or poor performance of the Contractor’s contractual obligations, and in view of the fact that the accumulated effect of repeated incidents of non- performance or poor performance will increase costs to the Municipality, the parties hereby agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said non-performance or poor performance, and not as a penalty, the amounts as set out in section 8.5, below. The Municipality will assess liquidated damages for each instance of non-performance of poor performance identified below. The Municipality may deduct and retain the amounts of such liquidated damages out of the monies that may be due or become due to the Contractor under the Contract, i.e. deduction from the monthly invoice. The Manager of Public Works or their designate, at their sole discretion, may determine whether liquidated damages are to be applied. The Contractor agrees to abide by the schedule of Liquidated Damages. The Contractor shall pay the Municipality the indicated amount per incidence of non-performance or poor performance on a monthly basis. Annually the number of incidences shall be accumulated. At the end of each fiscal year the number of accumulated incidences will reset to zero. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated damages shall not prevent the Municipality from recovering from the Contractor the amount of any damages incurred by the Municipality over and above the amount of the liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures taken to ensure that the work is completed).
Page 18 of 20
8.5 Schedule of Liquidated Damages
Example Reference Section Incident Liquidated Damages
3.6 Failure to perform collections within specified hours of work $100 / day, per route
3.6 and
3.1
Failure to complete the day's
work (i.e. work carried over to the
following day and/or 15 or more residential units missed).
$500 / route
$1,000 / route on the
2nd
consecutive collection day
$2,000 / route on the
3rd
consecutive collection day
4.8 Failure to meet the Record Keeping and Reporting requirements. $500 / incident
7.5
Using vehicles dedicated to use
under this Contract Agreement to collect waste material from a
Private Account or making
collections at other locations not
approved by the Municipality.
$1,500 / Truck, per incident
6.3 Failure to meet the Customer Service Standards. $100 / incident
8.4 and 8.5 Failure to meet the Health and Safety Standards
$500 I truck on the 1st
incident
$1,000 / truck on the 2nd
incident
$1,500 / Truck on the 3rd incident
6.2
Failure to respond to complaints as directed by the Manager of Public Works or their designate (e.g. replace damaged blue box).
$100 / incident
8.6 and 8.7
Failure to return for Missed
Collection as directed by the
Director of Physical Services or
their Designate for less than15
residential units missed per day.
$100 / incident
8.5 Failure to meet the General
Operating Details for Collection. $100 / incident
Appendix “G”
Failure to follow Off Loading Procedures at the Material Recover Facility,
Landfill or Composting Facility.
$100 / incident
8.5
Failure to meet the Residue Management requirements. $500 / load
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8.6 Payment, Taxes, Inflation and Fuel Adjustments 8.6.1 Payment 8.6.1.1 Garbage, Bulk Bin, Yard Materials and Fall Leaf Collection; Inflation and Fuel Adjustments to be Applied
The Contractor shall be entitled to receive monthly payments for Garbage and Yard Materials and Fall Leaf collection services actually rendered, to be calculated using the formulas found in RFP 12-01, attached as Schedule “B” to this Agreement, as applied to the base rates submitted by Norfolk Disposal in response thereto, attached as Appendix “H” to this Schedule. For clarity, the formulas to be used to calculate such payment include the Inflation and Fuel Adjustment formulas in RFP 12-01. 8.6.1.2 Bulk Materials and Large Item Pick Up The Contractor shall be entitled to receive monthly payments for Bulk Materials and Large Item Pick Up services actually rendered at a rate equal to the sum of: a) The tonnage cost, which will be at the same rate as the rate for the
garbage covered by s. 8.6.1.1 herein; and
b) $150.00 per hour per truck of service provided, which rate shall be
inclusive of all costs and fees except for tax.
8.6.2 Taxes
Except where otherwise specified, taxes shall be applied as an extra charge upon any other service charge invoiced in accordance with the payment terms herein. It shall be the responsibility of the Municipality to pay such taxes to the Contractor. The Municipality shall in no event be responsible for the tax obligations or liabilities of the Contractor. 8.7 Per Stop or Unit Cost for Contract Additions/ Deletions The Contractor, upon notification, will assume the responsibility for collection services as soon as any new homes, buildings, subdivisions, businesses are ready for service as determined by the Municipality. Annually, the number of stops for the upcoming year will be adjusted based on the permits for new home construction or demolition for the previous year. 8.8 Monies Due to the Municipality In the event that there are any monies payable to the Municipality by the Contractor under the terms of this Contract, such monies shall be deducted from and retained out of any monies due from the Municipality to the Contractor or may be recovered from the Contractor or the Contractor's surety pursuant to the performance bond as a debt due to the Municipality. 8.9 Contractor Obligated to Pay Its Agents
Page 20 of 20
When payment is made to the Contractor, they shall promptly pay to every subcontractor employed any amount properly due such subcontractor on account of Work covered by the Contract.
The Municipality shall not be liable for, or be held to pay, any money to the Contractor except as provided above, and on making the complete payment aforesaid, the Municipality shall be released from all claim or liability to the Contractor for anything done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality relating to the Work, except the claim against the Municipality of the remainder, if any, of the amounts kept or retained as provided above. 8.10 Interest The Contractor shall not be entitled to any interest upon any bill for extra work on account of delay in its approval by the Manager of Public Works or their designate. 8.11 Disputes In cases of disputes as to whether or not the service submitted meets the conditions in
the accepted proposal, the decision of the Municipality’s Manager of Public Works or their designate shall be final and binding on all parties.
APPENDICES TO SCHEDULE “A”
TABLE OF CONTENTS
APPENDIX A – Waste Collection By-Law
APPENDIX B – Maps
APPENDIX C – Service Schedules/ Waste Calendar
APPENDIX D – Bulk Bin Garbage Collection Locations
APPENDIX E - Bulk Materials Accepted
APPENDIX F – Personnel Policy
APPENDIX G – Offloading Procedures
APPENDIX H – 2012 Norfolk Disposal Services Ltd. RFP Submission
APPENDIX “A”
Municipal Waste Collection By-Law
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal By-law No. 2017-021
of the Municipality of Bayham, attached hereto are the set fines for those
offences. This Order is to take effect September 8th , 2017.
Dated at London this 8th day of September, 2017.
Stephen J. Fuerth
Regional Senior Justice
West Region
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
ITEM
1.
2.
3.
COLUMN 1
Short Form Wording
Throw Refuse or Debris on Land without Consent
Place Refuse or Debris on Land without Consent
Deposit Refuse or Debris on Land without Consent
4. Permit Refuse or Debris to be Thrown on Land without
Consent
5.
6.
7.
8.
Permit Refuse or Debris to be Placed on Land without
Consent
Permit Refuse or Debris to be Deposited on Land without
Consent
Fail to Remove Recyclable Waste within Permitted Time
Fail to Remove Waste within Permitted Time
COLUMN 2
Provision Creating or Defining
Offence
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.1
s. 2.2
s. 2.2
COLUMN 3
Set Fine
125.00
125.00
125.00
125.00
125.00
125.00
85.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
ITEM
9.
10.
11.
12.
13.
14.
15.
16.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
COLUMN 1
Short Form Wording
Fail to Remove Containers or Receptacles Used for
Refuse or Debris within Permitted Time
Set Out Recyclable Waste Prior to Permitted Time
Set Out Waste Prior to Permitted Time
Set Out Containers or Receptacles for Refuse or Debris
Prior to Permitted Time
Fail to Retrieve Uncollected Refuse or Debris Within
Permitted Time
Set Out Unpermitted Waste -Not Generated in Municipality
Set Out Unpermitted Waste -Not Generated on Site
Set Out Plastic Bag for Collection -No Correct Garbage Tag
COLUMN 2
Provision Creating or Defining
Offence
S. 2.2
S. 2.3
S. 2.3
S. 2.3
S. 2.4
S. 3.6
S. 3.7
S. 5.1
COLUMN 3
Set Fine
85.00
85.00
85.00
85.00
85.00
125.00
125.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
ITEM
17.
18.
19.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Part I Provincial Offences Act
BY-LAW NO. 2017-021 TITLE: Recycling, Waste Collection
and Refuse and Debris
By-Law
COLUMN 1
Short Form Wording
Set Out Plastic Bag for Collection -Garbage Tag Not Properly
Affixed
Set Out Container of Non-Recyclable Garbage
No Correct Garbage Tag
Set Out Container of Non-Recyclable Garbage
Garbage Tag Not Properly Affixed
COLUMN 2
Provision Creating or Defining
Offence
s. 5.1
S. 5.2
S. 5.2
COLUMN 3
Set Fine
85.00
85.00
85.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-021, a certified copy of which by-law
has been filed.
APPENDIX “B” Maps
APPENDIX “C”
Garbage, Leaf & Yard Waste, and Bulk Material/Large Item Collection Calendars for 2024
Household Waste Collection – Norfolk
Handling
519-443-8022
Blue Box Recycling – McQ Handling Inc.
519-425-4951
NOTE:
All waste should be set out to the curb by no
later than 7 am on the morning of your
collection day.
2024 Waste Management Schedule
Blue Box Recycling & Household Waste Collection Schedule & Map
2024 Christmas Holiday Schedule – Pickup: Area 1 – Dec. 24th, Area 2 – Dec. 26th, Area 3 – Dec 27th
OTHER HOUSEHOLD ITEMS SUGGESTED DROP OFF LOCATIONS **
Large Household Items Norfolk Disposal (Waterford 1- 800-616-0347), Green Valley Recycling
(London 519-681-0606), Try Recycling (London 519-457-1666)
Batteries: Automotive & Agriculture Canadian Tire, Bestway Auto Supply (Aylmer), Battery Supply (Aylmer),
Rob’s Scrap Removal (Straffordville 226-970-1999)
Batteries: Residential (single-use) Bestway Auto Supply, Canadian Tire, Staples, Lowe’s, The Source, Rona
(St Thomas), Rob’s Scrap Removal (Straffordville 226-970-1999)
Electronics: Computers, printers, fax machines, cell
phones, tablets, etc
Local Community Groups’ Collection Events, Staples, The Source, Station
Arts Ctr (Tillsonburg), Rob’s Scrap Removal (Straffordville 226-970-1999)
Metals (steel, aluminum etc), Appliances w/ FREON Rob’s Scrap Removal (Straffordville 226-970-1999)
Ink cartridges, toners etc. Staples, The Source
Light Bulbs: Low-energy, compact fluorescent (CFL) Rona, Lowe’s
Medications, sharps, (in proper sharps container) All Pharmacy/Drug Stores (Please contact your local Pharmacy)
Oil: Automotive Canadian Tire (Tillsonburg only)
Paint (residential only – liquid) Rona (All), Home Hardware (Tillsonburg only), Nu Décor (Tillsonburg)
Propane Tanks Aylmer Propane & Natural Gas (Aylmer), Dodsley Fuels (Tillsonburg)
Tires Aylmer Tire Craft, Dagg’s Tires (Aylmer), M&J Tire Craft (Tillsonburg),
Tillsonburg Tire
**All items being accepted at the above locations are subject to change. Please call locations to confirm acceptance.
Bins located behind the Port Burwell Fire Hall are for Steel and Electronics ONLY. NO OTHER WASTE IS PERMITTED.
WASTE COLLECTION INFORMATION
Recycling Blue Box Collection
Circular Materials Ontario is responsible through a contract with Norfolk Disposal for residential curbside recycling
collection. For any recycling service inquiries please contact Norfolk Disposal directly at 1-800-616-0347
All recyclables should be set out to the curb by no later than 7 a.m. the morning of your collection day.
Recyclables will be collected the same day as household garbage, as per the schedule on the front of this flyer.
Recyclables must be separated into “2 streams”- glass/plastics separated from paper/cardboard.
Household Garbage Collection
The Municipality of Bayham is responsible through a contract with Norfolk Disposal for curbside garbage collection.
Garbage includes: all kitchen and table waste, of animal or vegetable origin, resulting from the preparation or
consumption of food
Any garbage as a result of day-to-day living, excluding recyclables and hazardous wastes
Garbage Collection Requirements
All bags are to be tagged with a current year tag and placed at the curb by 7:00 a.m. the morning of your
collection day.
Regular Household Garbage will be collected as per the schedule on the front of this flyer.
Garbage must be placed in a container or securely tied plastic bag having a capacity of not more than .08
cubic metres (2.75 cubic feet), and composed of material not less than 1.4 mil gauge.
Garbage containers must have a total weight, when full, of not more than 18 kilograms (40 pounds).
Any number of bags/containers may be placed curbside each week. Each bag must have a current year
Bayham garbage tag affixed so that it is clearly visible for pickup. Do not wrap tag around the neck of the
bag, but affix flat so that the whole tag is visible. (No partial tags will be accepted)
If using a container, garbage must not be loose and must have a current year Bayham garbage tag affixed
to the top item inside the container visible for pickup. Do not affix the tag to the container/lid.
For the 2024 program, landowners are being supplied 52 tags for each eligible residential unit and 86 tags
for each eligible commercial unit. Additional tags may be purchased at a cost of $2.00 per tag. Agricultural
properties – those with a valid farming business registration number – are able to obtain an additional 16
tags for 2024 upon verification of the farm tax class at the municipal office.
2024 Urban Area Leaf and Yard Waste Pickup
For 2024 leaf and yard waste will be collected curbside within the following urban areas:
Calton Corinth Eden Port Burwell Richmond Straffordville Vienna
The 2024 Urban Leaf and Yard Waste collection will be carried out on Mondays over a four (4) week period
in both the spring and fall 2024 on the following dates:
Spring Program – Mondays April 29, May 6, 13 and Tuesday May 21, 2024 (no pickup Monday, May 20)
Fall Program – Mondays October 21, 28 and November 4, 11, 2024
Ensure your leaf/yard waste is placed at the curbside by 7:00 am on Monday each week. Each of the above
areas receives a minimum of one pickup per week. Pickup will not necessarily occur on your regular waste
collection day. All leaf/yard waste must be placed in paper bags, open reusable containers, or bundled in lengths
not exceeding four (4) feet. All individual containers must weigh less than 18 kilograms (40 pounds).
See website: www.bayham.on.ca for details throughout the year.
Curbside Bulk Item Pick-Up
The program will be offered during the following months in 2024 – April, May, July, September and
October. Registration through the online form with a fee is required. More details on the types of items that can be
picked up on the municipal website: www.bayham.on.ca/pages/curbside-bulk-garbage-pick-up-program
APPENDIX “D”
Bulk Bin Garbage Collection Locations
LOCATION BIN SIZE(S) COLLECTION FREQUENCY
Straffordville Public Works Building –
8354 Plank Rd, Straffordville 20 yard covered bin Weekly
Port Burwell Wastewater Treatment
Plant – 1 Chatham St., Port Burwell Two 6 yard covered bins Weekly
APPENDIX “E” Bulk Materials Accepted
APPENDIX “E” Curbside Bulk Material/Large Item Pick-Up Program Acceptable Item List
ACCEPTABLE HOUSEHOLD ITEMS
Fixtures • Bathtubs
• Toilets
• Sinks
Furniture • Sofas
• Couches
• Desks
• Chairs
• Tables
• Patio furniture
• Bedsprings
• Mattresses
• Bed frames
Appliances • Refrigerators
• Air
Conditioners
• Dehumidifiers
• Freezers
• Dishwashers
• Washing Machines
• Dryers
All Freon type appliances
require an Ozone Depletion Prevention Tag attached in order to be collected.
Carpet • Rugs
• Pool Covers
• Carpet
All Carpet, Rugs, Pool Covers need to be tied to a maximum of 4ft. by 2 ft.
Odd Items • BBQ
• Hot water
Heaters
• Bicycles
Propane tanks need to be
removed before pickup
NOT ACCEPTABLE HOUSEHOLD ITEMS
No Business, Commercial, Agricultural and Construction Material.
Small Items Loose refuse and rubbish waste
Construction Material • Wood, lumber products, Fencing, Decking, Drywall
• Masonry Products
• Refuse from building repairs
• Glass, Windows, Doors
• Stone, Concrete, Asphalt,
Organic Material • Trees, Stumps, Leaves, Branches, Animal Carcasses, Feces Agricultural Waste • Fencing, crates, Skids, Plastic Material, Spray
Containers Farm Equipment and Parts
Automotive equipment and Parts
Liquid Waste • Oils, Gas, Propane tanks, Fertilizers pesticides or any Hazardous Waste Drums, Fire Barrels
Electronics
Tires
Recyclables • Glass Jars,
• Paper
• Cardboard
APPENDIX “F” Personnel Policy
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-015
BEING A BY-LAW TO
ADOPT A PERSONNEL POLICY MANUAL
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with 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 Council of the Corporation of the Municipality of Bayham deems it
further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting
the required ethical and legal requirements for all Employees of the Municipality;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Bayham enacts as follows:
1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule
“A” be adopted;
2. THAT By-Law No. 2021-005 is hereby repealed in its entirety;
3. THAT this by-law shall take force and effect March 3, 2022.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF
MARCH 2022.
____________________________ _____________________________
MAYOR CLERK
MUNICIPALITY OF
BAYHAM
PERSONNEL POLICY
MANUAL
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PART ONE:
INTRODUCTION
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SECTION 1 – ABOUT THIS MANUAL
1.1 The Municipality of Bayham is referred to as the Municipality throughout this handbook.
All the policies in this manual apply to all employees of the Municipality (including
parttime, seasonal, students, etc.), unless specifically excluded in the scope section of a
policy. For union employees this policy manual applies except where the collective
agreement overrides (has provisions).
1.2 The Municipality, through the CAO|Clerk, reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAO|Clerk will provide a summary of changes annually to Council in a year in which changes occur.
1.3 If there is a conflict between a policy and an applicable government statute, the statute
prevails.
1.4 This manual does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment.
1.5 This manual attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this
manual. If you have an issue not addressed in this manual, please talk to your supervisor or the CAO|Clerk.
1.6 The Municipality has taken great care in preparing this manual but realizes that errors
and omissions do occur. If you find any spelling, grammatical or other mistakes, please
report these to the CAO|Clerk.
1.7 All employees are required to be aware of and comply with applicable policies contained in this manual.
1.8 Failure to comply with policies in this manual could result in disciplinary action, as
outlined in the Progressive and Corrective Discipline Policy.
1.9 If you are unsure of the application of any policy in this manual, please contact the CAO|Clerk for clarification.
1.10 All employees will be given access to a digital copy of this manual when presented with an offer of employment, before starting. All employees are required to sign the
acknowledgement form at the beginning of this manual before starting.
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1.11 It is the practice of the Municipality to ask all employees to sign an acknowledgement
each year in which changes occur.
SECTION 2 – ACKNOWLEDGEMENT FORM
2.1 I have received a copy of the Municipality of Bayham Personnel Policy Manual and I
have read and understood the information.
2.2 Management has answered questions to my satisfaction. I understand that, while an
employee of the Municipality of Bayham, I am bound to abide by all policies and
procedures set forth in this manual.
2.3 I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action.
2.4 I also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes.
2.5 It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham Personnel Policy Manual.
__________________ _________________ _______________
Name Signature Date
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PART TWO:
EMPLOYEE CONDUCT &
GUIDELINES
SECTION 1 – EQUAL OPPORTUNITY EMPLOYER
1.1 The Municipality’s objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the Municipality with the best possible services.
1.2 The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity.
1.3 The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code.
SECTION 2 – RECRUITMENT & SELECTION
2.1 The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates.
2.2 No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed.
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2.3 The Municipality will follow the following process to fill open positions:
2.3.1 Approval of hire by Council;
2.3.2 Update job description; 2.3.3 Review and finalize pay and benefits for vacant position; 2.3.4 Determine best recruitment channels and implement;
2.3.5 Screen applications, using phone screening, e-mail questions and other screening
methods as appropriate;
2.3.6 Conduct first interview;
2.3.7 Conduct second interview, if required; 2.3.8 Prove credentials, as appropriate;
2.3.9 Prove eligibility for employment;
2.3.10 Perform employment testing as appropriate;
2.3.11 Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks; 2.3.12 Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate;
2.3.13 Present the successful candidate with a written offer of employment, which
outlines all the terms and conditions of employment of the job;
2.3.14 Get offer signed before start date.
2.4 In compliance with federal legislation, new employees, if requested, and as a condition of
employment, must present documentation establishing their identity and their eligibility to
legally work in Canada. A valid Social Insurance Number (SIN), landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose.
Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice.
2.5 Any misrepresentations, falsifications, or material omissions in any data requested during
the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of
employment for cause, without notice or compensation in lieu of notice.
SECTION 3 – EMPLOYMENT AGREEMENTS
3.1 All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment.
3.2 All offers of employment must be signed before starting, will typically include the following in writing, as applicable:
3.2.1 Position title;
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3.2.2 Employment classification;
3.2.3 Working location;
3.2.4 Job duties (attach job description); 3.2.5 Reports to; 3.2.6 Start date;
3.2.7 Normal hours of work;
3.2.8 Probationary period;
3.2.9 Eligibility to work in Canada; 3.2.10 Starting pay step;
3.2.11 Starting pay;
3.2.12 Payroll deductions;
3.2.13 Eligibility for overtime;
3.2.14 Eligibility for benefits;
3.2.15 Vacation;
3.2.16 Requirement for driver’s license;
3.2.17 Right to layoff;
3.2.18 Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting; 3.2.19 Right to use discipline and suspension without pay;
3.2.20 Termination of employment.
3.3 Reference individual policies for more details.
3.4 There may be a need for additional terms of employment, depending on the position.
SECTION 4 – PROBATIONARY PERIOD
4.1 All newly hired employees are subject to a probationary period beginning from their date
of hiring with the Municipality, to assess their suitability to become a permanent
employee.
4.2 The purpose of probationary employment is to determine employee’s skill in performing
their duties and ability to adjust to the working environment. It is intended to assist the
employees to identify strengths and gaps in their job performance and to develop
corrective strategies if necessary.
4.3 The probationary period will normally be three (3) months of active employment.
Probationary periods for department heads are six (6) months. The probationary period
may be reduced or extended to a maximum of one (1) year, at the discretion of the
CAO|Clerk. Active employment is defined to exclude any leaves.
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4.4 Prior to completion of the probationary period, the supervisor will meet with the employee
to review the employee’s performance and recommends to the CAO|Clerk whether to
make employment permanent or not.
4.5 The Municipality or employee may end the employment relationship without notice, for
any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute.
SECTION 5 – EMPLOYEE CLASSIFICATIONS
5.1 All employees of the Municipality will be classified into the following classifications. The
employee’s classification will be set out in their employment agreement. If an employee
is uncertain about their employment classification, please contact their immediate
supervisor or CAO|Clerk.
5.2 Payroll:
5.2.1 Hourly;
5.2.2 Salary.
5.3 Employment:
5.3.1 Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week;
5.3.2 Permanent part-time is an employee whose regular scheduled work week is less than twenty-four (24) hours per week; 5.3.3 Seasonal is an employee hired for a particular season with definite start and end
dates;
5.3.4 Casual is an employee that is called in on an as needed basis;
5.3.5 Student is an employee who is currently enrolled in a recognized educational
institution. A student may work on a part-time or seasonal basis; 5.3.6 Contract is an employee who is hired for a specific project for a specified length of time; 5.3.7 On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid;
5.3.8 Probation is an employee who has not completed their probationary period.
SECTION 6 – PERFORMANCE EVALUATIONS
6.1 The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives.
6.2 The employee’s supervisor will evaluate the employee’s job performance prior to completion of the probationary period and annually thereafter in the designated month.
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6.3 The purpose of the Performance Evaluations is to: 6.3.1 Establish whether a probationary employee meets the performance standards required to successfully complete their probation;
6.3.2 Focus maximum attention on the achievement of the employees assigned duties as
listed in their job description;
6.3.3 Create a tool that enables the employees manager to accurately assess the
employees strengths and weaknesses and relate these assessments to current
and future needs;
6.3.4 Challenge the employee to continually improve their performance and personal effectiveness; 6.3.5 Involve the employee in planning and implementation of their job related goals and objectives;
6.3.6 Objectively relate placement on the approved salary grid to performance.
6.4 Performance evaluations are retained in the employee file and available upon request.
SECTION 7 – CONFIDENTIALITY
7.1 The Municipality operates as a municipal government in Elgin County. Employees may
have access to or become familiar with confidential municipal information, by reason of
their employment with the Municipality.
7.2 Confidential information may include, but is not limited to: compensation data, personal
employee information, taxpayer and user accounts, collection rolls, contracts, drawings,
sources of supply, pricing, financial information, land purchases and sale, etc. If an
employee is uncertain as to what information is confidential and what is not, the
employee will discuss with their manager or CAO|Clerk.
7.3 All employees of the Municipality, as a condition of employment, will ensure that
municipal information pertaining to clients, employees or other municipal business that
may be acquired in connection to their employment with the Municipality is held in strict
confidence, during and subsequent to the employee’s employment with the Municipality.
7.4 All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information.
7.5 Employees may share confidential information with each other, if entitled to, only in a
private area of the workplace, and only when that information is required for the effective
delivery of programs or services.
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7.6 Employees are not to disclose or discuss such confidential information in public places or
with members of their families.
7.7 Employees are prohibited, unless authorized, from removing temporarily or permanently,
any confidential information stored in any form, including files, documents, tapes,
computer disks and digital and electronic data or other media from any municipal premises.
SECTION 8 – PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS
8.1 The Municipality is committed to protecting the privacy and confidentiality of the personal
information of its employees, customers, and other stakeholders. This policy outlines the
rules for collecting and preserving the personal information of all stakeholders.
8.2 All employees are expected to keep their own personal information confidential.
8.3 All municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization,
or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline.
8.4 The CAO|Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees.
8.5 The CAO|Clerk is responsible for the municipal compliance with the applicable privacy statutes, including the Municipal Freedom of Information and Protection of Privacy Act.
8.6 The CAO|Clerk will ensure there are systems and training in place, to safeguard personal
information of all employees, customers, and other stakeholders.
8.7 During the course of employment with the Municipality, employees will be required to
provide various private and personal information (such as date of birth, SIN, home address, etc.) to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline,
medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies.
8.8 The Municipality maintains one central personnel file for each employee containing all
the above information.
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8.9 If your personal contact information or personal situation changes (example: marital
status or children), it is important for you to inform the Treasurer immediately. This is
especially true if you are on any leave.
8.10 All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes.
8.11 At termination, personnel files are maintained for seven years and then disposed of in a
secure manner.
8.12 After termination of employment, reference requests from third parties, related to an
employee's employment at the Municipality, will only be answered with written authorization from the employee.
8.13 An employee may review their personnel file by making an appointment with the CAO|Clerk.
SECTION 9 – CONFLICT OF INTEREST
9.1 Employees of the Municipality are expected to conduct themselves with personal
integrity, ethics, honesty and diligence in performing their duties for the Municipality.
9.2 Employees are required to support and advance the interests of the Municipality and
avoid placing themselves in situations where their personal interests actually or
potentially conflict with the interests of the Municipality.
9.3 A conflict of interest refers to a situation in which private interests or personal
considerations may affect an employee’s judgement in acting in the best interest of the
Municipality. It includes using an employee’s position, confidential information or
municipal time, material or facilities for private gain or advancement or the expectations
of private gain or advancement. A conflict may occur when an interest benefits any
member of the employee’s family, friends or business associates.
9.4 Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the Municipality in such transactions, or benefit from such conflict.
9.5 Employees are responsible to determine if their personal or family business or property
interest may be in conflict with the business of the Municipality. If the employee realizes
there is a potential for conflict of interest, the employee should immediately notify, in
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writing to their supervisor and/or the CAO|Clerk. The employee should do whatever they
can to either remove themselves from the interest or from the decision-making process
relative to the interest.
9.6 The Municipality is committed to avoiding any potential conflict of interest that may arise
when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative.
9.7 For purpose of this policy, a relative is defined as:
9.7.1 Spouse;
9.7.2 Common-law spouse;
9.7.3 Child/Step-Child; 9.7.4 Brother/Brother-in-law;
9.7.5 Sister/Sister-in-law;
9.7.6 Mother/Mother-in-law;
9.7.7 Father/Father-in-law; 9.7.8 Common-law mother/father; 9.7.9 Spouse’s mother/father;
9.7.10 Spouse’s Common-law mother/father;
9.7.11 Grandparents/Spouse’s Grandparents;
9.7.12 Aunt-Uncle/Spouse’s Aunt/Uncle;
9.8 All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide.
9.9 Employees shall not engage in any outside employment or business dealings that
interfere with the performance of their regular duties, or from which they might derive
personal benefit or gain by virtue of their employment with the Municipality.
9.10 An employee may hold a job with another organization as long as they satisfactorily performs their job responsibilities with the Municipality. If the Municipality determines that employee’s outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee
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may be asked to terminate outside employment if he/she wishes to remain with the
Municipality.
9.11 If someone other than the employee reports the interest, the supervisor will investigate it
immediately. The employee in question will be immediately removed from the
decisionmaking that involves the interest.
9.12 When an employee reports a conflict of interest to their supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAO|Clerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, they should report this in writing directly to the CAO|Clerk.
SECTION 10 – PARTICIPATION ON COMMITTEES
10.1 The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is
in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality.
10.2 The Municipality encourages employees to sit on internal committees. Employees are
required to discuss membership on an internal committee with their supervisor prior to
acceptance, to identify any conflicts that may arise which may involve workload issues
and scheduling conflicts between committee meetings and work demands.
10.3 Employees may also receive invitations to serve on external committees, agencies,
boards, etc. If an employee anticipates that scheduling conflicts might arise with their job
responsibilities, the employee should discuss with their supervisor.
10.4 Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with
which they must discharge their duties.
SECTION 11 – PROGRESSIVE & CORRECTIVE DISCIPLINE
11.1 The Municipality recognizes that in every organization, discipline is necessary in order to
maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are:
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11.1.1 To provide employees with advance warning that certain actions and/or
behaviours are inappropriate and that a positive change is necessary;
11.1.2 To ensure fair and consistent corrective action for all employees;
11.1.3 To provide written documentation of behavioural or performance issues and the corresponding action that was taken; 11.1.4 To inform the employees of consequences of unacceptable behaviour before it happens;
11.1.5 It is expected that the need for disciplinary action will be minimal.
11.2 Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment.
11.3 The nature of the circumstance will dictate the level of disciplinary action taken and with the discretion of the Manager and/or CAO|Clerk. Disciplinary action may include all or any combination of the following, and is not limited to:
11.3.1 Informal Discussion: Casual, private discussion between the supervisor and the
employee will result when specific deficiencies in work conduct are noticed. The
majority of problems are corrected this way and do not recur. This discussion
may or may not be documented depending on the seriousness of the deficiency.
11.3.2 Final Verbal Warning: An employee who fails to correct a problem that was
discussed informally will receive a verbal warning. This is a serious warning
directing the employee to improve the specified problems immediately. It involves
a formal discussion in a private area. The supervisor will outline what the issues
are and exactly what must be done to correct them. An action plan of
improvement and assistance will be jointly created. The supervisor will document
the discussion, and both parties will sign at the end of the discussion. A copy will
be placed in the employee’s personnel file and the employee will receive a copy. 11.3.3 First Written Warning: If a subsequent violation occurs, the supervisor will issue a formal written warning with a copy to the employee's file. The employee and supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the supervisor and employee sign. One copy is given to the employee and one goes to the employee’s personnel file. 11.3.4 Second Written Warning: The CAO|Clerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. 11.3.5 Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAO|Clerk.
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SECTION 12 – CONFLICT/PROBLEM RESOLUTION
12.1 The Municipality is committed to providing a workplace free of conflict, where all employees are treated with fairness, dignity and respect. This policy is intended to provide employees with a process to raise unresolved conflicts or problems related to
their employment at the Municipality, in order to facilitate a fair & prompt resolution. Problems need to be resolved promptly so they don’t fester. Ideally an Employee should start using this resolution process no later than 14 days after any incident. An employee should not fear discrimination or reprisal in the workplace, as a result of using this policy.
12.2 The following are the type of conflicts and problems that could arise and require the use of this policy. Note: possible incidents of discrimination, harassment or violence must be addressed through the Workplace Discrimination, Harassment and Violence Procedure.
12.2.1 Unresolved disputes with co-workers or supervisors;
12.2.2 Perceived unfair or inequitable treatment;
12.2.3 Abuse of authority;
12.2.4 Inconsistent or improper application of municipal policies;
12.2.5 Other matters that make a Municipal employee consistently uncomfortable.
12.3 Often workplace conflicts may arise as a result of someone having a bad day for various personal reasons. Also differing personalities and differing behavioral traits can lead to misunderstandings. Employees need to work with each other in an open, constructive, understanding and supportive manner to avoid blowing a minor infrequent disagreement
out of proportion.
12.4 Employees encountering an unresolved significant issue should follow the steps listed
below in the order presented. All details of an issue must be kept confidential by all
parties involved to maximize the likelihood of a fair resolution.
12.4.1 Employees are encouraged to try to resolve all issues with the other staff member in a confidential, calm and professional manner.
12.4.2 If Section 12.4.1 is unsuccessful, the staff member should discuss the matter with
their immediate supervisor and get them to assist with a resolution.
12.4.3 If Section 12.4.2 is unsuccessful or inappropriate the staff member can then
escalate the matter to the CAO|Clerk by making a formal complaint. The
CAO|Clerk will then ask for details of the formal complaint in writing from the
employee making the complaint and conduct an appropriate thorough proper
investigation possibly involving witnesses. If the matter is serious enough, a
qualified independent third party may be required to assist to advise on the
appropriate steps for the investigation or actually to perform the investigation.
12.4.4 If Section 12.4.3 is unsuccessful or inappropriate the staff member can inform the CAO|Clerk of their intention to escalate the matter to the Mayor by making a formal complaint. Escalating any workplace matter to the Mayor should be a rare
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occurrence and only done as a last resort with serious incidents. The employee
should not approach any other member of Council or staff member concerning a
complaint.
12.4.5 If the Mayor is asked to get involved with a workplace issue, they will first consult
with the CAO|Clerk to ensure the employee has followed this policy properly and
the matter requires the Mayor’s attention.
12.4.6 If it is determined that the Mayor should get involved, the Mayor will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation.
12.4.7 The Mayor with the assistance of CAO|Clerk as appropriate, will investigate and
attempt to resolve the issue to the satisfaction of all concerned.
12.4.8 It may be necessary to invocate other Municipality policies such as the
Progressive & Corrective Discipline Policy.
12.4.9 Once the investigation is complete, the Mayor and/or CAO|Clerk as appropriate,
will inform the parties involved as to the resolution of the formal complaint. The Employee making the complaint and other parties involved are not entitled to copies of any related report, investigation or the exact details of the outcome. This
is to ensure confidentiality is maintained.
12.5 The Municipality will document the use of this policy any accompanying documentation, and findings in the personnel files of those involved.
12.6 Employees should be cognizant of the fact that a formal complaint against another
employee is a serious allegation with repercussions.
12.7 If a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures.
SECTION 13 – GIFTS, GRATUITIES & MONETARY BENEFITS
13.1 No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of employment. For the purposes of this provision any gift provided to an
employee's child, parent or spouse with the employee's knowledge shall be deemed to
be a gift accepted by that employee;
13.2 The Municipality recognizes that moderate hospitality and participation in charitable
nonprofit fundraising and business events is an accepted facet of community participation
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and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 13.1:
13.2.1 gifts that are received as an incident of protocol or social obligation that normally
and reasonably accompany the responsibilities of employment;
13.2.2 token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 13.2.3 food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose;
13.2.4 communications to the Municipality including subscriptions to newspapers and
periodicals;
13.2.5 compensation authorized by law;
13.2.6 services provided without compensation by persons volunteering their time; 13.2.7 gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the employee's attendance serves a legitimate municipal purpose;
13.3 Within 30 days of receipt of any gift described in Section 13.2, employees shall file a written disclosure statement with the CAO|Clerk (or with the Mayor for the CAO|Clerk) for any gift that exceeds $200 in value. Every disclosure statement shall indicate: 13.3.1 the nature of the gift;
13.3.2 its source and date of receipt;
13.3.3 the circumstances under which it was received; and
13.3.4 its estimated value.
13.4 Every disclosure statement to the CAO|Clerk or Mayor for the CAO|Clerk shall be a
matter of public record.
13.5 The CAO|Clerk or Mayor shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 13.2, if any.
13.6 The CAO|Clerk or Mayor shall examine every disclosure statement filed with them to ascertain whether the receipt of the gift might in their opinion create a conflict between a private interest and the public duties of the Employee.
13.7 If the CAO|Clerk or Mayor makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift
13.8 If the CAO|Clerk or Mayor determines that receipt of the gift was prohibited the CAO|Clerk or Mayor will issue discipline through the Progressive & Corrective Discipline process.
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SECTION 14 – DISCRIMINATION & HARASSMENT IN THE WORKPLACE
14.1 Every employee of the Municipality has the right to receive fair treatment and to work in
an environment that is free from discrimination and harassment. The Municipality is
committed to providing a workplace free of discrimination and harassment in which all
employees can be treated with dignity and respect. This policy will be reviewed as
necessary, and at least on an annual basis.
14.2 The Municipality conducts business and treats all employees in accordance with all
applicable Human Right’s legislation. The Municipality does not condone and does not
tolerate harassment of any kind.
14.3 Employees shall not be harassed or discriminated against by the employer, by anyone
acting as an agent for the employer or by another employee because of race, ancestry,
place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation,
age, record of offences for which a pardon has been granted, family status, handicap or
any other grounds prohibited under the Ontario Human Rights Cod. Harassment
undermines an individual’s self-respect and adversely affects work performance and
well-being.
14.4 Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by their employees may be subject to discipline up to and including dismissal.
14.5 Workplace harassment means different things to different people and may be influenced
by cultural, religious background, and/or geographical location. Workplace harassment
means engaging in a course of vexatious comment or conduct against an employee in a
workplace that is known or ought reasonably to be known to be unwelcome. Workplace
harassment may include conduct which is offensive, embarrassing, or humiliating to
others, and may further include visual representation, electronic messages, written
messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile
work environment.
14.6 Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person’s gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 14.6.1 Examples of sexual harassment and inappropriate gender-related behaviour
include, but are not limited to, comments, gestures and non-verbal behaviour,
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visual materials and physical contact. Comments made or actions taken may not
be intended to offend another person. However, intent is not a prerequisite to
establishing that behaviour is discriminatory.
14.7 Abuse of authority means an individual’s use of power and authority inherent in the
position held in a manner which serves no legitimate work purpose and which ought
reasonably to be known to be inappropriate. It includes misuses of power that are
intimidating, coercive or demeaning. The legitimate and proper exercise of employer’s
right to supervise or manage (for example, performance reviews, work evaluations and
disciplinary measures taken for any valid reason) does not constitute harassment under
this policy.
14.8 Psychological harassment is bullying or humiliating behaviour that has the following
components:
14.8.1 Generally repetitive, although a single serious incident of such behaviour may
constitute psychological harassment if it undermines the recipient’s psychological
or physical integrity and has a lasting harmful effect,
14.8.2 Hostile, abusive or inappropriate,
14.8.3 Affects the recipient’s dignity or psychological integrity, 14.8.4 Results in a poisoned work environment
14.9 Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict.
14.9.1 Appropriate direction, evaluation or discipline by a supervisor;
14.9.2 Stress associated with the performance of job duties;
14.9.3 Friendly teasing or bantering that is mutually acceptable; and
14.9.4 Friendly or romantic behavior that is welcome and mutual.
14.10 There are three ways in which a person might suffer discrimination:
14.10.1 Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code.
14.10.2 Indirectly: where a person causes another person to act on their behalf and
discriminates against a person because of their membership in a group of
persons who are identified by a prohibited ground under the Human Rights
Code.
14.10.3 Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code.
14.11 The legitimate and proper exercise of the employer’s right to supervise or manage (for
example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy.
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14.12 Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria.
14.13 An employee who believes they are being harassed should:
14.13.1 Make it known that the action is unwelcome and will be reported unless it is
stopped immediately.
14.13.2 Keep a written record of dates, times, and nature of behaviour and witnesses, if any. 14.13.3 If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO|Clerk.
14.13.4 Employees should note that failure to keep a diary of the event may invalidate
the complaint but a record will, however, reinforce it.
14.14 Notwithstanding Section 14.13, If the CAO|Clerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below:
Ward and Uptigrove Human Resources Solutions
Email: HRresults@w-u.on.ca
County of Elgin Human Resources
Email: athomson@elgin.ca or sgodby@elgin.ca
14.15 Management has the responsibility to respond immediately to complaints of harassment
in accordance with the following steps:
14.15.1 Inform the complainant that an investigation is being conducted,
14.15.2 Interview both parties as soon as possible,
14.15.3 Interview any witnesses, 14.15.4 Interview past and present employees, if necessary, to determine if harassment has occurred,
14.15.5 Warn all parties that all interviews and information must be kept confidential,
14.15.6 Consult the Human Rights Commission, if necessary, before responding to the
complaint,
14.15.7 Render the decision and discuss the findings with the alleged harasser.
14.16 If the allegations are found to have substance, then management may determine the
appropriate level of discipline, up to an including immediate termination of the harasser.
If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAO|Clerk office. The complainant will assured
that there will be no recrimination because of complaint.
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14.17 If you are at fault, immediately cease the behaviour that the complainant finds offensive
and apologize to the complainant. Failure to cease this behaviour will leave you
vulnerable to a formal complaint and to discretionary action up to and including dismissal
if the complaint is substantiated.
14.18 If you believe that the complaint is unfounded and/or made in bad faith, discuss the
matter with your supervisor.
14.19 If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary.
14.20 If any event, document your version of the alleged incident, including times, place and
witnesses.
SECTION 15 – VIOLENCE IN THE WORKPLACE
15.1 The Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Municipality will take whatever steps are reasonable to protect workers of the Municipality from workplace violence.
15.2 This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence.
15.3 Workplace violence is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: 15.3.1 attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a
15.3.2 statement or behaviour that a worker could reasonably interpret as a threat to
exercise physical force against the worker, in a workplace, that could cause
physical injury to the worker.
15.4 The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited:
15.4.1 Threatening behaviour – shaking fists, destroying property, or throwing objects
15.4.2 Property damage – theft, destroying property, vandalism, sabotage of equipment, or arson
15.4.3 Verbal or written threats – any expression of intent to inflict harm
15.4.4 Bullying and intimidation
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15.4.5 Verbal abuse – swearing, insults or threatening language
15.4.6 Psychological trauma – includes stalking
15.4.7 Physical attacks or assaults – hitting, shoving, pushing or kicking 15.4.8 Murder
15.4.9 Sexual Assault
15.5 Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee’s home from a member of the public.
15.6 Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued.
15.7 The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person’s home) if it is connected to the victim’s employment with the Municipality.
15.8 The term “domestic violence” refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats.
15.9 To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): 15.9.1 Threatening statements to do harm to self or others
15.9.2 References to other incidents of violence
15.9.3 Intimidating behaviour such as insubordination, open defiance, pestering or
confrontational behaviour
15.9.4 History of violent, reckless, or anti-social behaviour
15.9.5 Recent marked decline in performance 15.9.6 Major change in personality, mood, behaviour, or standards of personal grooming
15.9.7 Obsessions with persons or things, particularly weapons
15.9.8 Experiencing what appears to be serious stress in personal life
15.9.9 Substance abuse
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15.10 Such reports may be made confidentially at the staff’s request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report.
15.11 If you are the victim of, or are a witness to, a violent incident in the workplace, contact
your immediate supervisor, or dial 911.
15.12 The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace.
15.13 Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves.
15.14 All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation.
15.15 No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination.
15.16 Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned.
15.17 Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. 15.17.1 However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee.
15.18 A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report.
15.19 Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident,
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when it occurred, the person(s) involved and the names of witnesses, if any. The report should be signed and dated. An employee making a verbal report may be required to provide their report in writing. 15.20 A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAO|Clerk. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO|Clerk within two (2) working days of receipt. The CAO|Clerk will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 15.20.1 If the CAO|Clerk the alleged perpetrator, or directly involved in the incident, the worker may report to one of the designated third-parties identified below:
Ward and Uptigrove Human Resources Solutions
Email: HRresults@w-u.on.ca
County of Elgin Human Resources
Email: athomson@elgin.ca or sgodby@elgin.ca
15.21 To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process as soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of their choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged.
15.22 After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident.
15.23 If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAO|Clerk approves of its continuation.
15.24 An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has
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received written notice to that effect and has been given a reasonable opportunity to cooperate.
15.25 Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee’s physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement.
15.26 Depending upon the circumstances, the department head or CAO may determine that it
is appropriate to physically and/or operationally separate the employee who made, and
the employee who is the subject of the report, until the investigation has been completed.
In more serious situations, the Municipality may suspend the employee who is the
subject of the report pending the investigation.
15.27 Once the investigation is complete, the investigator will submit a confidential written document to CAO|Clerk. The document will summarize the investigator’s findings and conclusions and will recommend corrective action if appropriate. 15.28 A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation.
15.29 The CAO|Clerk will review the investigator’s findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the CAO|Clerk may approve, change or reject any of the investigator’s recommendations.
15.30 In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders.
15.31 Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident.
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15.32 The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO|Clerk and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality’s disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the CAO|Clerk.
15.33 Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The CAO|Clerk or designate, will coordinate any special assistance that may be required.
15.34 If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. SECTION 16 – TECHNOLOGY & CORPORATE PROPERTY
16.1 The Municipality establishes rules and procedures to ensure that appropriate use of its
technology, equipment and supplies. Technology includes, but is not limited to,
computers, internet, cell-phones, software, social media and email.
16.2 It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: 16.2.1 To protect against irresponsible, unauthorized, and illegal activities.
16.2.2 To ensure privacy, security, and reliability of all computer systems and
information.
16.3 Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAO|Clerk.
16.4 Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality.
16.5 The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others.
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16.6 Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAO|Clerk.
16.7 Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives.
16.8 The use of electronic devices for occasional personal use should not interfere with workrelated activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan.
16.9 The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality’s premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges.
16.10 No employee should have any expectation of privacy as to any use of the Municipality
media and equipment.
16.11 Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time.
16.12 All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality.
16.13 The Municipality may use social media (Twitter, Facebook, Instagram, LinkedIn, etc.) from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time.
SECTION 17 – USE OF MUNICIPAL VEHICLES & EQUIPMENT
17.1 Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 17.2 When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations,
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safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair.
17.3 The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality.
17.4 Vehicles or equipment owned, leased, or rented by the Municipality may not be used for
personal use without prior approval from the Supervisor.
17.5 Municipal vehicles are to be parked on Municipal premises when not in business use
unless authorized to be parked offsite.
17.6 Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking or vaping is not allowed in any Municipal owned, leased, or rented vehicles and equipment. Violation of this rule may lead to progressive discipline, up to and including termination.
17.7 All employees driving for municipal business must possess a valid driver’s license. If the employee’s license is void or suspended, they may not operate a municipal vehicle and must report to the CAO|Clerk, as soon as reasonable possible. Drivers that work in a position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver’s Abstract.
SECTION 18 - LAYOFF
18.1 At times the Municipality, due to change in strategic direction, loss of services, financial
reasons, or other reasons, may have to reduce the workforce.
18.2 Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn’t result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff.
18.3 If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract.
18.4 Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality’s insurance provider.
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18.5 Any unpaid accrued vacation pay will be paid out to employees with their final pay before
the layoff.
18.6 If employees are laid off, they will be given as much notice as possible of the layoff and
will receive a letter explaining all arrangements. Employees will not be paid during a
layoff.
18.7 When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAO|Clerk so alternative arrangements can be made.
SECTION 19 - TERMINATION
19.1 Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations.
19.2 Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO|Clerk.
19.3 Involuntary terminations require the review and written approval of CAO|Clerk.
19.4 An employee who is released for disciplinary reasons (except for just cause) or inability
to perform work duties will receive a warning, written or otherwise, over the Municipality’s
Progressive and Corrective Disciplinary policy, prior to involuntary termination
proceedings being implemented.
19.5 Terminated employees agree to return all municipal property including all employee
passwords and documents prior to their departure.
19.6 All employees should give a minimum of two (2) weeks’ notice (or longer where required
by their employment contract) to the Municipality of their intent to terminate their
employment. To facilitate replacement of any employee, the Municipality requires the
longest amount of notice possible, particularly from more senior employees.
19.7 The Municipality recognizes that retirement is an individual choice to work until the
normal retirement age, to retire early, or to postpone retirement.
19.8 The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation.
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19.9 The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information.
19.10 Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning.
19.11 Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment.
19.12 When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAO|Clerk to assure that all appropriate procedures are followed.
19.13 The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence.
SECTION 20 – EMPLOYMENT VERIFICATION
20.1 Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the
Municipality will not disclose salary or employment information to a third party unless
required to by legislation.
20.2 Employees requiring verification of their employment/salary is to contact payroll or their
supervisor. Payroll or the supervisor will prepare written confirmation of
employment/salary addressed to the employee for their release to any third party.
Request for employment/salary verification should be fulfilled within two (2) working days.
SECTION 21 – COUNCIL STAFF RELATIONS
21.1 Mutual respect and cooperation are required to achieve the Council’s corporate goals
and implement the Council’s strategic priorities through the work of staff.
21.2 Employees have an obligation to recognize that members of Council have been duly
elected to serve the residents of Bayham and respect the role of Council in directing the
actions of the Municipality.
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SECTION 22 – CONDUCT INVESTIGATIONS
22.1 Informal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address their concerns in the following manner: 22.1.1 Advise the Employee that their behaviour or activity contravenes Section 2 –
Employee Conduct & Guidelines;
22.1.2 Encourage the Employee to stop the prohibited behaviour or activity;
22.1.3 If applicable, confirm to the Employee your satisfaction or dissatisfaction with his
response to the concern identified;
22.1.4 Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter.
22.1.5 If not satisfied with the response received through the informal process, an
individual may proceed with a formal written complaint through the CAO|Clerk,
or if the complaint is about the CAO|Clerk through the Mayor.
22.2 Formal Complaints - Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address their concerns through the formal complaint process set out
below.
22.2.1 All formal complaints must be made using the Municipality’s Complaints Form-
Staff and shall be dated and signed by the complainant;
22.2.2 The complaint must include an explanation as to why the issue raised may be
a contravention of Section 2 – Employee Conduct & Guidelines and any
evidence
in support of the allegation must be included with the Complaints Form/Affidavit; 22.2.3 Any witnesses in support of the allegation must be identified on the Complaint
Form/Affidavit; 22.2.4 The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 – Employee Conduct & Guidelines, the specific section of Section 2 – Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; 22.2.5 The complaint shall be filed with the CAO|Clerk, or if the complaint is about the CAO|Clerk through the Mayor who shall confirm that the information is complete as to Part Two – Section 22.2. The CAO|Clerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non-compliance with Section 2 – Employee Conduct & Guidelines, and not covered by other legislation or policies; and 22.2.6 The CAO|Clerk or Mayor may request additional information from the
complainant.
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22.2.7 Corrective action or discipline, if any, will be determined by the CAO|Clerk or
Mayor in accordance with the Progressive Discipline policy and the decision of
the CAO|Clerk or Mayor shall be final.
SECTION 23 – DRESS, GROOMING & PERSONAL HYGIENE
23.1 Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene.
23.2 Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAO|Clerk is available to adjudicate any questions on dress, grooming, and personal hygiene.
23.3 This policy intentionally does not set out a detailed list of do's and don'ts, or rules.
Common sense of what is professional and considerate of others should prevail.
23.4 All Municipal employees that work in the office will dress in appropriate "business casual"
attire, as they will be meeting residents, clients, suppliers, and other stakeholders.
23.4 The following list is consider “not” to be appropriate business attire:
23.4.1 Ripped or torn clothing
23.4.2 Sweat pants or work out gear
23.4.3 Tank tops
23.4.4 Muscle shirts
23.4.5 Dresses with spaghetti straps
23.4.6 Dirty or stained clothing
23.4.7 Suggestive or offensive attire
23.5 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained.
23.6 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program.
23.7 More formal and conservative attire may be required at Municipal social events,
conferences, trade shows, and education events.
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23.8 Some employees are sensitive to strong perfumes, colognes, or other scents, so be
considerate and avoid using.
23.9 On Dress Down Fridays, you may dress more casually; however, you should still
maintain a presentable appearance.
23.10 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change.
SECTION 24 – CUSTOMER SERVICE STANDARDS
24.1 The customers of the Municipality include the following stakeholders: the residents, visitors, community partners, suppliers, other government agencies and internal Bayham
employees (internal customers). The Municipality is committed to providing exceptional high-quality responsive professional service to all customers. The purpose of this policy
is to establish uniform standards and procedures for all employees in all departments
responding to customers for service, questions, and feedback.
24.2 This policy covers service standards in general for all customers. The Municipality has separate policies on the website at https://www.bayham.on.ca/pages/accessibility and https://www.bayham.on.ca/pages/policies-and-procedures which outline specific accessibility standards for customers with disabilities. These policies are drafted in
conjunction with the Elgin County Accessibility Advisory Committee.
24.3 In order to meet the needs and expectations of customers, all employees are expected to:
24.3.1 Anticipate the needs of customers and plan accordingly in order to successfully
meet these needs;
24.3.2 Greet customers in a prompt, cheerful, and respectful manner;
24.3.3 Identify themselves, their department and their title; 24.3.4 Listen actively to all requests and concerns;
24.3.5 Be pleasant, courteous, respectful and helpful during the entire interaction;
24.3.6 Remember people will forget what you said, people will forget what you did,
but people will never forget how you made them feel;
24.3.7 Try to improve communication and public engagement with all customers;
24.3.8 Respond to all complaints, questions, and requests for service via email or phone within one business day. If the issue is complex the initial correspondence may simply acknowledge receipt and promise a response within a designated reasonable period of time; 24.3.9 Respond to all written complaints, questions, and requests for service within three business days. If the issue is complex the initial correspondence may
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simply acknowledge receipt and promise a response within a designated
reasonable period;
24.3.10 Communicate honestly, courteously and knowledgeably with all customers;
24.3.11 Serve customers with a strong sense of pride, commitment, and high ethical standards; 24.3.12 Occasionally staff may have bad days for various personal reasons. This should not affect the level of service provided to customers.
24.3.13 Handle difficult customers carefully. If a customer becomes abusive stop the
call and get a supervisor involved. Staff are not expected to tolerate abusive
behaviour;
24.3.14 Handle customer complaints carefully. If you receive a complaint concerning
service provided by yourself or other staff members follow these procedures:
24.3.14.1 Make note of the details of the complaint; 24.3.14.2 Mention to the customer, that the complaint will be handled by the
Department Manager and they will hear back within three business days;
24.3.14.3 On the same day forward the complaint to the Department Manager;
24.3.14.4 The Department Manager should log the complaint;
24.3.14.5 The Department Manager should conduct an appropriate investigation and respond to customer within three business days; 24.3.14.6 If the matter is complex or the parties involved are absence, and the Department Manager needs more time, they should inform the complainant within three business days, of the new deadline for reporting back;
24.3.14.7 The Department Manager should continue interacting the
complainant until the matter is resolved. If the Municipality is at
fault the Department Manager should organized a written apology.
24.3.14.8 In rare circumstances a complaint may need to be escalated to the
CAO|Clerk or the Mayor as a last resort. 24.3.15 Maintain their voice mail and email to ensure customers are aware of planned absences. Identify alternate contacts and a return date in the voice message or bounce back email;
24.3.16 Ensure their status on out of office board is current.
24.4 The above client service standards apply to all employees for all forms of communications including but not limited to: in person, via email, via written correspondence, and via various social media platforms.
24.5 The staff at the front desk of the municipal office have the most interaction with customers and have additional standards to meet as follows:
24.5.1 Coordinate schedules with all front staff to ensure there is coverage for the
front desk and incoming phones at all the days and times;
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24.5.2 Set up the automated attendant on the phone system when the phone is not
attended;
24.5.3 Refer, customer’s inquiries to the appropriate person in the appropriate
department. Avoid bouncing an inquiry around. If the referred to Bayham
person is absence, make the customer aware;
24.5.4 If a note is required, take the message with sufficient detail to ensure the person returning the call can answer the inquiry.
24.6 Excellent customer service extends to the conduct of all municipal meetings with either
external customers or internal customers either in person or virtual. The following
guidelines will be followed: 24.6.1 Set an agenda and distribute to all attendees ahead of the meeting;
24.6.2 Ensure all technology works for all participants ahead of the meeting;
24.6.3 Ensure the meeting starts on time;
24.6.4 Designate a chair for all meetings. Could rotate as appropriate;
24.6.5 The chair is responsible to ensure the meeting stays on agenda and ends on time; 24.6.6 Someone should take minutes and save electronically to the appropriate file;
24.6.7 Practice active listening;
24.6.8 The chair should summarize the conclusions of the meeting at the end and set
next steps
24.7 All staff members will be trained on this policy and the basics of excellent customer
service in mind. Front desk staff are required to take in depth customer service training.
24.8 The performance management program will include review questions evaluating
customer service job performance for all employees. The performance management
program will include more in-depth questions evaluating customer service job
performance for front desk staff.
24.9 If an employee observes or hears of poor customer service by another staff member,
they are to report the incident to their Supervisor. The Supervisor will act promptly to correct the behaviour or refer the matter to the appropriate Supervisor.
24.10 It is expected that all employees will follow the standards in this policy for customer service. Failure to do so may require performance improvement plans and possibly disciplinary action.
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PART THREE:
PAY ADMINISTRATION
AND BENEFITS
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SECTION 1 – COMPENSATION PHILOSOPHY
1.1 The total compensation program for the Municipality consists of base salary, variable
compensation (short-term incentives and supplementary pay), and benefits. The total
compensation program is central to the Municipality’s strategy to attract, engage,
motivate and retain qualified employees through an internal equitable, non-discriminatory and externally competitive compensation program.
1.2 Compensation is structured to:
1.2.1 Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. 1.2.2 Reward performance as measured by the attainment of individual, department
and corporate objectives.
1.2.3 Recognize the acquisition of knowledge, skills and experience pertinent to the
employee’s position.
1.3 The Municipality is committed to providing employees with clear and open
communication regarding compensation policies and practices, as well as performance
feedback. The Municipality is also committed to complying with the Ontario Pay Equity
Act and promotes the concept of equal pay for work of equal value.
1.4 The Municipality, for non-unionized employees, will perform a market check normally
every four (4) years, which will include:
1.4.1 The pay band grid will be compared to the market,
1.4.2 Council will approve the comparators to be used,
1.4.3 The median or fiftieth (50th)percentile of the job rate of the comparators will be used, 1.4.4 The overall pay band grid may increase, decrease or remain the same as the
result,
1.4.5 No employee’s pay will be reduced as a result of this exercise. However,
individual pays may be frozen until the pay for their position catches up to their
current pay. Employees in this situation will not be eligible for the annual pay
adjustment until their pay is equal to or exceeds the job rate in their pay band,
1.4.6 Council will approve the market check and implement the results.
SECTION 2 – PAY ADMINISTRATION
2.1 Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council.
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2.2 A promotion shall be considered as a reassignment of duties to employees that would
cause their new position to be paid in a higher salary classification than the previous
position. All employees, upon promotion, shall receive payment of at least the minimum
rate of the new position, expect in instances when an employee does not meet the full
minimum requirements of the new position. In such cases, the CAO/Clerk will determine
if a reclassification is necessary. In no case, shall an employee receive less than their
current salary by promotion.
2.3 Subsequent increases in the new range will occur on the anniversary date (or establish
date) of the transfer or promotion.
2.4 A demotion shall be considered as being a re-assignment of duties to an employee that
causes the new position to be paid in a lower salary classification than the previous
position. This may occur as a result of organizational changes, work shortages,
inadequate performance and diminished employee capability or at the employee’s request.
2.5 If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system.
2.6 The Municipality understands and recognizes long and loyal service. Therefore, will try to
minimize the financial impact of demotions to employees and will try to keep their current
salary until the range of the lower salary range catches up across the board of economic
adjustments that affect the whole salary system.
2.7 If the temporary transfer is to a position at a lower salary level, an employee may retain their current salary. “Temporary” can be a period of up to, but not exceeding, six (6) months.
2.8 If the temporary transfer is to a position at a higher salary level, “acting pay” may be
provided in accordance with the Acting Pay policy.
2.9 After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances.
2.10 Upon a successful completion of an annual performance evaluation, employees are
eligible at this time to move upward on the salary grid from level to level, effective on the
annual date set out by the CAO/Clerk and Council. Movement up the salary grade is
done until job rate is reached.
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2.11 If an employee’s performance evaluation is unsatisfactory, the salary movement will be
deferred until a follow-up evaluation can be made, normally within three (3) months. If the
second evaluation demonstrates improvement, the merit increase adjustment in the
pay band may be awarded, but may be withheld for three (3) months from the
employee’s start date in the position.
2.12 Each year on January 1 the entire pay band grid may move up by % using an established formula.
2.13 The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended
October 31 each year.
2.14 The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate.
2.15 The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget.
2.16 If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %.
2.17 If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step
2.18 When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade.
SECTION 3 – JOB EVALUATION SYSTEM
3.1 The Municipality, for non-unionized employees, utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable,
ensures internal equity, and is in compliance with the Pay Equity Act.
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3.2 Job evaluation is tool that is used to help establish the relative worth of all jobs within the
Municipality. It applies common factors that measure the worth of jobs so that fair and
equitable salary ranges can be applied to them. The job evaluation tool helps with the
establishment and maintenance of sound salary differentials between jobs. Job
evaluation builds a foundation for consistent administration and maintenance of salary
ranges. The CAO/Clerk is responsible for managing the Job Evaluation System.
3.3 Job evaluation reviews are generally initiated in response to:
3.3.1 Department restructuring;
3.3.2 New Positions; or
3.3.3 Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals.
SECTION 4 – ACTING PAY
4.1 The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply:
4.2 No change in wage will result if the assigned job classification is lower than the employee’s current classification, unless mutually agreed upon.
4.3 Where the employee is assigned to perform the majority of the duties of the higher rated
job classification, including the essential elements, the employee will be paid, at the
minimum rate of the assigned pay band of the higher rated job classification provided the assignment is:
4.3.1 Minimum ten (10) consecutive full working days in a manager assignment; or
4.3.2 Minimum five (5) consecutive full working days in all other assignments.
4.4 Exception: 4.4.1 Where such a change results in an increase of less than 5%, the employee shall
receive
4.4.2 the next higher wage rate in the pay band; and
4.4.3 The employee’s new wage rate may never exceed the maximum of the higher
rated job classification.
4.5 Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period.
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4.6 All temporary assignments and acting pay must have prior written approval from the
CAO|Clerk.
SECTION 5 – PAY ADMINISTRATION
5.1 Employees will be paid bi-weekly with the pay period beginning on Monday and ending
on the second (2nd) Sunday following. Payment will be made by direct deposit to the
employee’s bank account on Friday.
5.2 Each employee will be provided a statement of gross earnings, vacation pay, and
deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will
only be released to the employee.
5.3 In the event that a regularly scheduled payday falls on a day off such as a holiday,
employees will receive pay on the last day of work before the regularly scheduled
payday.
5.4 Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year.
5.5 A T4 will be distributed to employees and former employees with earnings for the
previous year, on or before February 28th of each year.
5.6 The Municipality does not provide pay advances on wages to employees.
5.7 In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee’s next pay stub.
5.8 The Municipality must make certain deductions from every employee’s remunerations,
including applicable Federal and Provincial income taxes, Employment Insurance, and
Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is
mandatory for regular full-time employees, and the amounts as directed by the plan are
deducted from each employee’s pay.
5.9 Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions.
5.10 The law requires the Municipality to comply with court-ordered payments and wage
garnishments when they are presented. Employees affected by wage garnishments or
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court-ordered payments will be notified by the Payroll Administrator of any charges
against their wages.
5.11 No person acting on behalf of the Municipality may dismiss; threaten to dismiss;
discipline or suspend; impose any penalty upon; or intimidate or coerce any employee
because of a wage garnishment or court-ordered payment.
SECTION 6 - BENEFITS
6.1 The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required:
6.1.1 Employer Health Tax (EHT)
6.1.2 Employment Insurance (EI)
6.1.3 Canada Pension Plan (CPP)
6.1.4 Workplace Safety and Insurance Board (WSIB)
9.2.1
6.2 Permanent full time and part time employees are eligible to participate in the
Municipality’s group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract.
6.3 Municipal benefits currently provide the following, in accordance with plan booklets:
6.3.1 Pension through Ontario Municipal Employees Retirement System (OMERS)
6.3.2 Vision and Dental Coverage
6.3.3 Extended Health Care
6.3.4 Life Insurance
6.3.5 Accidental Death & Dismemberment 6.3.6 Short-Term Disability
6.3.7 Long-Term Disability
6.4 Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes.
6.5 Permanent employees and dependents have access to the Homewood Health Employee Assistance Program. For more information please contact, 1-800-663-1142 or visit the website https://homeweb.ca.
SECTION 7 – PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION
7.1 The Municipality encourages the ongoing professional development and continuing
education of employees, and provides financial assistance in accordance with this policy.
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7.2 The Municipality may agree to reimburse employees for membership dues to
professional associations required or directly related to job duties, at the CAO/Clerk’s
discretion and prior approval.
7.3 The Municipality shall offer the following assistance to employees attending approved
seminars, conventions and/or conferences:
7.3.1 Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives their own vehicle,
he/she shall paid at the mileage rate as set by Council. If the employee travels
by train or plane, a receipt is required.
7.3.2 All registration fees levied by the seminar, convention and/or conference.
7.3.3 Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed.
7.4 The Municipality may offer reimbursement of tuition fees to encourage employees who
have completed their probationary period, to upgrade their education and/or skills by
enrolling in part-time studies at recognized colleges or universities.
7.5 Reimbursement of educational costs is contingent upon submission of proof of the
successful completion of each course. All courses must receive approval prior to
commencement of the course. Employees will obtain approval from the CAO/Clerk.
While educational assistance is expected to enhance employee’s performance and
professional abilities, the Municipality cannot guarantee that participation in formal
education will entitle the employee to automatic advancement, a different job
assignment, or pay increases.
7.6 If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows:
Timelines Reimbursement
Within one year of completion of studies 100%
Within two years of completion of studies 66%
Within three years of completion of studies 33%
After three years of completion of studies 0%
SECTION 8 – LONG-TERM SERVICE AWARDS
8.1 The Municipality believes in recognizing long-term service commitment within the
Municipality. The Municipality recognizes their hard work over the years of service by
providing their employees with long term service awards.
8.2 The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to:
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8.2.1 Retention of valued expertise;
8.2.2 Organizational stability and lower turnover;
8.2.3 Creation of a positive and supportive work environment; 8.2.4 Identification of role models and the opportunity to encourage a sense of community and shared purpose.
8.3 All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted.
8.4 Recognition shall be in accordance with By-law No. 2019-014, the Long-term Service Awards/Retirement Recognition Policy.
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PART FOUR:
WORKING HOURS,
ATTENDANCE & LEAVES
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SECTION 1 – HOURS OF WORK
1.1 The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in
accordance with the nature of work that is performed.
1.2 The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven
(7) working hours and a normal working week of Thirty-five (35) working hours.
1.3 The normal hours of work for “outside” non-union employees shall be:
1.3.1 Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive.
1.3.2 Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive.
1.3.3 Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive.
1.4 Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the
employee’s employment contract.
1.5 Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you
must let your supervisor know within 30 minutes of their regular start time or as soon as possible.
1.6 Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality’s core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee’s performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime.
1.7 Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following:
1.7.1 Two (2), fifteen (15) minute paid break, to be taken in the morning and the afternoon.
1.7.2 One (1) unpaid meal break.
1.8 Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager.
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1.9 All breaks should be taken when adequate coverage is available within the department.
Employees are not to use/work through breaks to shorten the workday.
1.10 Employees should accurately record all hours worked, including all vacation, public
holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor
shall review and initial the timesheet and submit to payroll by Monday for processing.
1.11 It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work.
1.12 Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy.
SECTION 2 – OVERTIME
2.1 Non-management employees overtime worked over regular hours of work, will be paid at
one and one half times the employee’s rate of pay.
2.2 Only hours worked count towards the overtime threshold. Time on vacation, statutory
holiday, leaves, etc., does not count towards overtime.
2.3 All overtime worked must have the prior approval from the employee’s supervisor.
2.4 Employees may bank time to a maximum of eighty (80) hours per year of overtime and
must be used in the year earned. If the employee doesn’t use their banked overtime
during the calendar year it will be forfeited and not eligible to be carried forward.
2.5 As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform nonsupervisory or non-managerial tasks on an irregular or exceptional basis.
2.6 Notwithstanding Section 2.5, Public Works and Water/Wastewater Managers or Supervisors may be permitted to receive a weekly lump-sum allotment for after-hours on-call/stand-by requirements for operational purposes. Such an allotment will be consistent with the department-specific weekly allotment for unionized staff for same and will only be accessible by one Manager or Supervisor in each functional area at a time. Such allotment will be authorized at the discretion of the CAO|Clerk and will be administered by the Treasurer through regular payroll.
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2.7 In recognition of additional hour’s management employees may be required to work, the
Municipality allows employees holding management and/or supervisory positions to bank
up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty
hours is in addition to eligible vacation entitlement and paid holidays. If the manager
does not use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward.
2.8 If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk.
SECTION 3 – PAID PUBLIC HOLIDAYS
3.1 The Municipality recognizes twelve (12) days as public holidays and grants paid time off
work on these days, subject to the conditions outlined below. Note, this includes the nine
(9) days in accordance with the Employment Standards Act (ESA) and an additional
three (3) days designated at this time as paid holidays by the Municipality.
3.2 All employees are entitled to paid public holidays on each of the following:
New Year’s Day Civic Holiday
Family Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day Christmas Day
Canada Day Boxing Day
3.3 To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday.
3.4 A recognized holiday that falls on a Saturday may be observed on the preceding Friday.
A recognized holiday that falls on a Sunday may be observed on the following Monday. If
eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay.
3.5 In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year’s Day shall constitute additional paid holidays at employee’s regular rates of pay. Provided however, that Christmas and New Year’s half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year’s Day falls on Saturday, Sunday or Monday in which case
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the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year’s. SECTION 4 - VACATION
4.1 At the Municipality, each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department.
4.2 The vacation entitlement year is based on the calendar year. Employees may not take
vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based
on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked.
Years of Eligible Service (at
January 1st)
Vacation Entitlement (for that
year)
Less than One (1) year One (1) working day for every
completed month of service to a
maximum of ten (10) days
One (1) year Two (2) weeks
Five (5) years Three (3) weeks
Ten (10) years Four (4) weeks
Fifteen (15) years Five (5) weeks
Twenty (20) + years Six (6) weeks
4.3 If a public holiday falls during an employee’s vacation time, the public holiday does not count as a vacation day.
4.4 For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk.
4.5 Notwithstanding Vacation Entitlement Section 4 a non-union employee may also utilize
the following options for unused vacation time:
4.5.1 Ability to be paid out, straight time for up to one week of unused vacation time
annually;
OR
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4.5.2 Ability to direct the Municipality to reserve straight time for up to one week of unused vacation time annually into a Human Resources Reserve Account to be paid out upon request of the employee or upon retirement or end of employment with the Municipality. The method of pay-out – either lump sum or through bi-weekly payroll – will be at the request of the employee.
4.6 Vacation Entitlement Section 4.5 will be paid out at the rate of pay of the year in which the pay was originally paid out or banked.
4.7 Vacation Entitlement Section 4.5 will not be subject to OMERS contributions and/or
interest.
4.8 Any vacation time not used during the calendar year will be forfeited and not eligible to
be carried forward.
4.9 The Municipality encourages all employees to utilize vacation time within a given year.
4.10 Salaried employees will continue to receive their regular pay while on vacation.
4.11 Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken.
4.12 To take vacation, employees must submit a written request to their supervisor for
advance approval in writing. Requests will be reviewed based on a number of factors,
including business needs and staffing requirements. Up to two (2) weeks may be taken
at one time. More than two (2) weeks may be taken only with prior written approval of the
CAO/Clerk.
SECTION 5 – BEREAVEMENT LEAVE
5.1 Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: 5.1.1 Five (5) working days immediately following the death of a spouse, child or stepchild.
5.1.2 Three (3) working days immediately following the death of a parent, grandchild,
grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or
parent of the employee’s current spouse.
51
5.1.3 Two (2) working days, to attend the funeral of the sister, brother, or grandparent of
the employee’s current spouse.
5.1.4 One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a
close friend or to serve as a pallbearer.
5.2 Paid leave of absence in respect of bereavement will only be allowed for days on which
the employee has been scheduled to work. Additional days may be granted with or
without pay, with the discretion of the CAO/Clerk.
SECTION 6 – JURY/COURT DUTY
6.1 Employees who is required to serve as a juror or subpoenaed as a witness in any court
in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work.
6.2 Employees shall be excused from work for the part of each day that the employee shall
actually render serve as a juror or as a witness.
6.3 Upon completion of their jury duty or witness service, such employees shall present to
their supervisor and/or CAO/Clerk a satisfactory certificate showing such period of
service. Such employee will be paid their regular earning for the period of such jury or
witness service provided he/she shall deposit with the Treasurer of the Municipality the
full amount of compensation received, excluding mileage and travelling expense, an
official receipt therefore. If the employee presents himself/herself for selection as a juror
and is not selected, then he/she shall be required to return to their regular employment to complete their remaining normally scheduled work period.
6.4 Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality.
Employees will be paid at their base rate, and are free to use any remaining paid leave
benefits (such as vacation time) to receive compensation for any period of witness duty
absence that otherwise would be paid.
SECTION 7 – VOTING LEAVE
7.1 Where legislation, as amended from time to time, requires and where, by reason of the
hours of their employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an
election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours.
52
7.2 There will be no deduction from the pay of an employee or any penalty imposed on the
employee by reason of absence from work during the time allowed by the employer from
voting.
SECTION 8 – INCLEMENT WEATHER DAYS
8.1 The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible.
8.2 If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay.
8.3 Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work.
8.4 In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up
their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval.
SECTION 9 – SICK LEAVE
9.1 The Municipality understands that on occasion employees are sick and unable to report
to work. As such the Municipality sets the following policy.
9.2 All, non-unionized, full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours.
9.3 Sick days must only be used for personal illness, immediate family illness or personal
emergency.
9.4 Permanent employees are entitled to use up to four (4) days per calendar years from their sick leave entitlement to attend to a spouse, child and/or parent who are personally ill.
9.5 Unused sick days are not paid out or carried over to the following year.
53
9.6 Employees, who are unable to report to work due to personal illness, are to advise their
immediate supervisor within 30 minutes of the start of their shift, indicating they are
unable to report to work due to personal illness.
9.7 An employee who is absent from work for reason of illness, may be requested to provide
a medical certificate to their supervisor. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment.
9.8 Employees may be eligible for STD income after sick leave entitlements have been utilized.
9.9 STD benefits due to illness or non-occupational accident will be paid for a period of
continuous absence up to 119 calendar days at 75% of the employee’s regular pay.
9.10 Separate periods of disability occurring under this benefit will be considered one period if:
9.10.1 They result from the same or related causes are separated by a period of six consecutive months or less during which the employee returned to active employment, or;
9.10.2 They result from entirely unrelated causes are separated by a period of less
than one full day during which the employee returned to active employment.
9.11 The cost of this plan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program.
9.12 This Plan applies to non-occupational injuries, illnesses, or quarantine:
9.12.1 That result in temporary total disability; and
9.12.2 That do not qualify to receive benefits from an alternate insurance plan or
wage subsidy program such as the Workplace Safety & Insurance Board.
9.13 Benefits from this Plan are payable if an eligible employee becomes totally disabled and:
9.13.1 Provides proof that the disability began while eligible; and
9.13.2 Has followed a treatment of care by a registered medical practitioner since the
onset of the disability.
9.14 For the purposes of Part Four – Section 9 the following definitions apply:
9.14.1 Totally Disabled: being continuously unable to perform the essential duties of
the job, or alternate suitable work, due to an injury, illness, or quarantine. 9.14.2 Quarantine: mandated isolation or confinement by a Medical Practitioner or a reigning governing body; due to illness, pandemic, or other health related issue.
9.14.3 Medical Practitioner/Treating Practitioner: a person practicing medicine that is licensed, certified, registered, or otherwise recognized by a governing college,
54
who’s discipline is listed by the Canada Revenue Agency as an authorized
medical practitioner, and is practicing within the assigned discipline and
geographical area.
9.14.4 STD: Short Term Disability
9.14.5 RTW: Return to Work 9.14.6 Elimination Period: the waiting period for disability due to illness that must be completed prior to the start of benefit payments.
9.14.7 Non-occupational Disability: injury or illness that was not caused by, or of rising
out of and in the course of employment.
9.14.8 Leave of Absence/Job Protected Leave: an approved and protected leave from
work as agreed upon by Bayham Management or as per the current version of
the Employment Standards Act.
9.14.9 Regular Earnings: wages paid for regular hours worked, that do not include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, termination pay, severance or termination pay,
bonuses or profit shares, and other extra entitlements as per the employee’s contract of employment.
9.15 Benefits are not payable under the following circumstances:
9.15.1 The employee is not under an appropriate treatment of care from a licensed medical practitioner or doctor, as relevant to the illness or injury as determined by the claim adjudicator;
9.15.2 The illness or injury is covered by the Workplace Safety and Insurance Act or Canada Pension Plan Disability Benefits;
9.15.3 The employee is receiving Employment Insurance benefits;
9.15.4 The disability is intentionally self-inflicted;
9.15.5 For cosmetic surgery procedures;
9.15.6 While vacation pay is being received or during a leave of absence;
9.15.7 For injuries or diseases sustained while committing a criminal offence;
9.15.8 While on maternity leave or parental leave;
9.15.9 If the employee is otherwise engaged in employment for wage or profit;
9.15.10 If the employee is absent from Canada longer than 4 weeks (unless the absence is agreed to in writing and prior to the absence, by the Plan adjudicator/Bayham Management);
9.15.11 While serving a prison sentence or otherwise confined in a similar institution;
9.15.12 For disability resulting from participation in a riot, or the hostile action of any
armed forces; and/or
9.15.13 Any other unique circumstances that may be contrary to the purpose and policy of this Plan, as deemed so by the Plan adjudicator. 9.15.14 Note: if an employee becomes totally disabled prior to their notice of a job protected leave or layoff, benefits may be payable up to the maximum benefit period.
55
9.16 An employee who becomes totally disabled during a job protected/approved leave and is
recalled or scheduled to return to work, may receive benefit payments:
9.16.1 If the employee is eligible for benefits as per the limitation of this Plan; and
9.16.2 Has been totally disabled due to illness for a minimum of five (5) business days prior to the recall/scheduled return; or 9.16.3 Is totally disabled due to an accident, hospitalization, quarantine on the day of the recall/scheduled return.
9.17 Benefit Waiting Period - Short Term Disability Benefits commence on either:
9.17.1 The first day of an accident that results in total disability;
9.17.2 The first day of hospitalization;
9.17.3 The first day of quarantine.
9.18 Benefit Pay and Duration - Once approved, benefits are paid on the same frequency and
date as the employee’s regular pay period.
9.19 No benefits are payable until the supporting documentation is received and the claim has
been approved; such approval shall not be unreasonably delayed.
9.20 End of Benefit Payments - Benefit payments end on the earlier of the following dates:
9.20.1 The date the employee is no longer temporarily totally disabled.
9.20.2 The end of the mandated quarantine.
9.20.3 The end of the maximum benefit period of seventeen (17) weeks (119 days).
9.20.4 The date the employee retires or resigns from employment with Bayham.
9.20.5 The date the employee dies.
9.21 Recovery of Damages - Bayham reserves the right to any part of any money that an
employee recovers through legal action or settlement from another party that caused the
disability for which benefits were paid, as per this Plan; up to the limit of the amount of benefit paid to the employee.
9.22 Benefit Amount - Eligible employees with an approved claim, as per the limitations of this
Plan, shall receive wage loss replacement benefits at a rate of 75% of average regular
earnings.
9.23 The average regular earnings are calculated using the earnings from the twelve (12) weeks prior to the disability leave.
9.24 All benefit amounts paid are subject to applicable provincial and federal taxes, EI and
CPP. Taxes will be deducted from the benefit amount as per payroll process.
9.25 Filing a Claim - To file a claim for benefits, the eligible employee must:
56
9.25.1 On the first day of total disability illness or injury, notify the Supervisor or Manager
in writing using a Bayham STD claim form.
9.25.2 This may be accomplished via email and/or written letter.
9.25.3 The notification shall state if the employee intends to file a claim for STD benefits 9.25.4 Provide any medical documentation to the Adjudicator using the Bayham Treating Medical Practitioner Statement.
9.26 This Documentation must:
9.26.1 Be completed by a Medical Practitioner
9.26.2 Describe the nature of the illness, injury, disability or mandated quarantine, the
prognosis for recovery, and an anticipated return to work date.
9.26.3 Be provided to Bayham within five (5) business days of the illness, injury,
disability.
9.26.4 The employee may submit any receipts for costs associated with obtaining documentation to Bayham for reimbursement. 9.26.5 Note: Failure to produce the required documentation within five (5) business days may delay processing of the claim and cause absence beyond the applicable waiting period to be classified as non-paid emergency leave. If delayed longer than five (5) business days, contact the Adjudicator.
9.27 Claim Adjudication - The approval of the claim may be determined by Bayham Management, or by a third-party adjudicator appointed by Bayham.
9.27 Claim Duration - During the duration of the claim, the employee may be required by Bayham Management, to submit medical documentation that confirms the continued total disability, and any changes in functional abilities or anticipated recovery and return to work date. The employee may also be required to participate in an examination by an appointed physician/medical practitioner at the discretion and cost of Bayham Canada.
9.28 Bayham Canada recognizes that returning employees to suitable and meaningful work is in the best interest of all workplace parties. Any and all efforts at RTW shall be initiated as safely and as early as possible based on objective medical information provided by the employee’s treating practitioner. For more details see Bayham’s Early and Safe Return to Work Program.
9.29 Before the employee returns to work, in any capacity, medical documentation must be
provided to Bayham Management. This documentation must include a full description of
the employee’s functional abilities and any accommodation required; related to
performance of the essential duties of the respective job/position (either the pre-injury job
or modified work, as applicable).
57
9.30 If modified work hours are an accommodation within the RTW Plan, then the employee
shall receive remuneration for any hours worked as per the pre-disability hourly rate.
Any hours the employee does not work (regular hours) are eligible for STD benefits as
per this Plan; at 75% of average earnings; up to the maximum seventeen (17) week
benefit period in total.
9.31 Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits.
9.32 LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of $4,000 per month, payable to age 65, following the initial period of STD coverage described above.
9.33 The cost of this pan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program. To be eligible for
LTD benefits, an employee must have a medically determinable physical or mental
impartment that prevents the employee from performing the regular duties of their
position.
SECTION 10 – STATUTORY LEAVES OF ABSENCES
10.1 Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to:
10.1.1 Pregnancy or Parental Leave
10.1.2 Personal Emergency Leave
10.1.3 Family Medical Leave
10.1.4 Family Caregiver Leave
10.1.5 Domestic or Sexual Violence Leave
10.1.6 Crime Related Death Leave
10.1.7 Child Disappearance Leave
10.2 While an employee is on a statutory leave, maintenance of employee benefits will be
administered in accordance with the applicable legislation on the following basis:
10.2.1 Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they do not intend to pay the employees premium contributions.
10.3. To learn more about these or additional statutory leaves, please visit the link or talk with
your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br_leaves.php
APPENDIX “G”
Off Loading Procedures
APPENDIX “H”
2012 Norfolk Disposal Services Ltd. RFP Submission
SCHEDULE “B” Request for Proposal #12-01 Curbside Waste Management Collection Services
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A proud tradition, a bright future.
Municipality of Bayham
Municipality of Central Elgin
Township of Malahide
REQUEST FOR PROPOSAL #12-01
CURBSIDE WASTE MANAGEMENT COLLECTION SERVICES
,) CJ I~ ~O 1/ /
ANYONE DOWNLOADING THIS DOCUMENT AND INTENDING TO SUBMIT A BID MUST ENSURE THAT
THEY HAVE REGISTERED WITH THE MUNICIPALITY OF CENTRAL ELGIN, PHYSICAL SERVICES
DEPARTMENT. BY REGISTERING, YOU WILL BE ADDED TO THE PROPONENTS MAILING LIST AND
WILL RECEIVE ANY ADDENDA THAT MAY BE ISSUED WITH RESPECT TO THIS DOCUMENT. FAILURE
TO REGISTER MAY RESULT IN YOUR BID BEING DISQUALIFIED. TO REGISTER, PLEASE COMPLETE
THE REGISTRATION FORM AND EMAIL TO, lperrin@centralelgin.org.
BIDS MUST BE RECEIVED at the office of:
Lloyd J. Perrin
Director of Physical Services
The Municipality of Central Elgin
450 Sunset Drive
ST. THOMAS, Ontario
N5R 5V1
Not later than 2:00 p.m. local time, Tuesday February 28th, 2012.
PROPOSALS WILL BE OPENED AT A LATER DATE. RESULTS OF THE EVALUATION OF THE
PROPOSALS WILL BE MADE PUBLIC NO LATER THAN MARCH 8TH, 2012.
RESPONDENTS ARE SOLELY RESPONSIBLE FOR ENSURING BIDS ARE RECEIVED BY THE
MUNICIPALITY OF CENTRAL ELGINPRIOR TO THE CLOSING DATE AND TIME. FAILURE TO SUBMIT
THE BID AS REQUESTED MAY RESULT IN IT BEING DISQUALIFIED.
The lowest or any proposal no necessarily accepted.
RFP 12-01, Curbside Waste Management Collection Services
Municipalities of Bayham, Central Elgin and Malahide
Request for Proposal 12-01
Residential Waste Management Collection Services
Contents
1.0
2.0
3.0
3.1
3.2
3.3
3.4
3.5
3.6
4.0
4.1
4.2
4.3
4.4
4.5
4.6
5.0
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
6.0
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
7.0
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
DEFINITIONS ............................................................................................................................................................................. 1
CO-OPERATIVE PROCUREMENT & BACKGROUND INFORMATION ........................................................................................... 6
SCOPE ....................................................................................................................................................................................... 8
Part A: Curbside Recycling Collection Service ....................................................................................................................... 8
Part B; Curbside Garbage Collection Services ....................................................................................................................... 8
Part C: Curbside Leaf and Yard Materials Collection Services ............................................................................................. 9
Part D: Bulk Bin Collection of Garbage .............................................................................................................................. 10
Part E: Combined Services for Curbside Recycling & Garbage, Yard Materials, Fall Leaf and Bulk Bin Collection Services10
PART F: Open Scope ............................................................................................................................................................ 10
COLLECTION SCHEDULE .......................................................................................................................................................... 11
Garbage Collection ............................................................................................................................................................. 11
Recycling Collection ............................................................................................................................................................ 11
Leaf and yard Waste Collection .......................................................................................................................................... 11
Statutory Holidays .............................................................................................................................................................. 11
Holiday Schedule Accommodation ..................................................................................................................................... 12
Hours of Work .................................................................................................................................................................... 12
SUCCESSFUL PROPONENT REQUIREMENTS AND GENERAL SPECIFICATIONS ......................................................................... 13
Implementation Prior to Start-up ....................................................................................................................................... 13
Coordination Meetings ....................................................................................................................................................... 14
Innovation Clause ............................................................................................................................................................... 14
Contractor's Base of Operation .......................................................................................................................................... 14
Scavenging ......................................................................................................................................................................... 14
Promotion & Education ...................................................................................................................................................... 14
Cooperation with Demonstration Projects ......................................................................................................................... 15
Record Keeping & Reporting Requirements ....................................................................................................................... 15
COLLECTION VEHICLES ............................................................................................................................................................ 16
General ............................................................................................................................................................................... 16
Age of Collection Vehicles .................................................................................................................................•................. 16
Industry, Regulatory, Safety, Licensing & Other Standards ................................................................................................ 16
Physical and Mechanical Requirements ............................................................................................................................. 16
Compaction Vehicles for Recycling Collection .................................................................................................................... 16
Appearance of Collection Vehicles ..................................................................................................................................... 16
Daily Supply of Collection Vehicles ..................................................................................................................................... 17
Co-operative Use of Collection Vehicles ............................................................................................................................. 17
Maintenance of Collection Vehic/es .................................................................................................................................... 17
Additional Equipment for Collection Vehicle ...................................................................................................................... 18
Alternative Fuels I Green Fleet Initiatives .......................................................................................................................... 18
STAFFING ................................................................................................................................................................................ 19
Contract Supervision by the Contractor ............................................................................................................................. 19
Route Supervisor(s) ............................................................................................................................................................. 19
Customer Service Standards ............................................................................................................................................... 19
Customer Service Training .................................................................................................................................................. 19
Health & Safety Standard ................................................................................................................................................... 20
Health & Safety Training .................................................................................................................................................... 20
Personnel Llstfng ................................................................................................................................................................. 20
Code of Conduct for Employees .......................................................................................................................................... 20
I
RFP 12-01, Curbside Waste Management Collection Services
8.0 COLLECTION PROGRAM SPECIFICATIONS ............................................................................................................................... 21
8.1 Collection Service ................................................................................................................................................................ 21
8.2 Estimated Number of Tonnes to Collect ............................................................................................................................. 23
8.3 Adding/Replacing Materials to Collect ............................................................................................................................... 23
8.4 Waste Collection By-Law .................................................................................................................................................... 24
8.5 Collection Locations & Numbers ......................................................................................................................................... 25
8.6 Garbage Collection at Addresses of Bulk Bins .................................................................................................................... 25
8. 7 General Operating Details for Collection ............................................................................................................................ 25
8.8 Information Line ................................................................................................................................................................. 26
8.9 Returning Containers after Emptying ................................................................................................................................. 27
8.10 Successful Proponent Not to Collect ................................................................................................................................... 27
8.11 Reporting of Non-Collectable Incidents & Use of Courtesy Stickers ................................................................................... 27
8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents ....................................................................... 28
8.13 Spillage and Litter ............................................................................................................................................................... 28
8.14 Mechanical or Oil Spills ...................................................................................................................................................... 28
8.15 Labour Dispute Contingency and Emergency Plans ........................................................................................................... 28
8.16 Processing & Disposal Locations ........................................................................................................................................ 29
8.17 Weighing of Recyclable Material ....................................................................................................................................... 29
8.18 Recycling Residue Management ........................................................................................................................................ 30
8.19 Audits and lnspectfons ........................................................................................................................................................ 3D
8.20 Special Provisions ............................................................................................................................................................... 30
8.21 Schedule of Liquidated Damages ....................................................................................................................................... 31
9.0 EVALUATION CRITERIA ............................................................................................................................................................ 33
9.1 Methodology ...................................................................................................................................................................... 33
9.2 Evaluation & Scoring of Technical Proposals ...................................................................................................................... 36
10.0 RFP SCHEDULE ........................................................................................................................................................................ 40
11.0 SUBMISSION INSTRUCTIONS .................................................................................................................................................. 41
11.1 Closing Date and Time ........................................................................................................................................................ 41
11.2 Late Submissions ................................................................................................................................................................ 41
11.3 Period of Acceptance .......................................................................................................................................................... 41
11.4 lnquiries .............................................................................................................................................................................. 41
11.5 Rights Reserved by the Municipality .................................................................................................................................. 42
11.6 Treatment of Information .................................................................................................................................................. 42
12.0 TECHNICAL SUBMISSIONS REQUIREMENTS ............................................................................................................................ 43
12.1 General ............................................................................................................................................................................... 43
12.2 Specific Requirements ........................................................................................................................................................ 43
13.0 REQUIREMENTS AT TIME OF CLOSING .................................................................................................................................... 47
13.1 Form of Proposal ................................................................................................................................................................ 47
13.2 Technical Submission .......................................................................................................................................................... 47
13.3 Financial Proposal .............................................................................................................................................................. 47
13.4 Certificate of Approval ....................................................................................................................................................... 47
13.5 CVOR ................................................................................................................................................................................... 47
13.6 Bid Deposit ......................................................................................................................................................................... 47
13.7 Letter of Agreement to Bond/Letter of Guarantee ............................................................................................................. 48
14.0 REQUIREMENTS AT TIME OF EXECUTION ............................................................................................................................... 49
14.1 Executed Bond .................................................................................................................................................................... 49
14.2 Insurance and lndemnification ........................................................................................................................................... 49
14.3 Workplace Safety & Insurance Board ................................................................................................................................. 50
14.4 Safety Policies and Procedures and Related Documentation ............................................................................................. 50
14.5 Contract Document ............................................................................................................................................................ 5D
ii
RFP 12-01, Curbside Waste Management Collection Services
15.0 TERMS AND CONDITIONS ....................................................................................................................................................... 51
15.1 Contract Period ................................................................................................................................................................... 51
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.17
Renewal .............................................................................................................................................................................. 51
Taxes .................................................................................................................................................................................. 51
Inflation Adjustments ......................................................................................................................................................... 51
Per Stop or Unit Cost for Contract Additions I Deletions .................................................................................................... 52
Invoices & Documentation ................................................................................................................................................. 52
Payment ............................................................................................................................................................................. 52
Monies Due to the Municipality ......................................................................................................................................... 53
Payment Prior to Start of Contract ..................................................................................................................................... 53
Interest ............................................................................................................................................................................... 53
Disputes .............................................................................................................................................................................. 53
Assignment ......................................................................................................................................................................... 53
Compliance with the Accessibility for Ontarians with Disabilities Act, 2005 ...................................................................... 53
Changes in law ................................................................................................................................................................... 54
Exclusion of Proponent in Litigation ...................... ., ........................................................................................................... 54
Exclusion of Proponent Due To Poor Performance ............................................................................................................. 54
Termination of Contract ..................................................................................................................................................... 54
16.0 FORM OF PROPOSAL. .............................................................................................................................................................. 56
Appendices
APPENDIX A.l ......................................................................................................................................................................................... 57
Bayham -Recycling & Garbage Collection Maps
APPENDD<A.2 ......................................................................................................................................................................................... 59
Central Elgin -Recycling & Garbage Collection Map
APPENDIX A.3 ......................................................................................................................................................................................... 60
Malahide -Recycling & Garbage Collection Maps
APPENDD< B.1 .......................................................................................................................................................................................... 62
Bayham -leaf & Yard Collection Maps
APPENDIX B.2 .......................................................................................................................................................................................... 67
Central Elgin -leaf & Yard Collection Maps
APPENDIX B.3 .......................................................................................................................................................................................... 74
Ma/ah/de -Leaf & Yard Collection Maps
APPENDIX c ............................................................................................................................................................................................. 75
Bulk Bin Garbage Collection Locations
APPENDIX D.1 ......................................................................................................................................................................................... 76
Bayham -Garbage & Recycling Collection Calendar
APPENDIX D.2 ............................................................................... , ......................................................................................................... 78.
Central Elgin -Garbage & Recycling Collection Calendar
APPENDIX E •••••·••••••·••••••·•••·•·••••··••••••·•···•••••••·•••·••••·•••••••• ......................................................................................................................... 80
Checklist of Requirements to be met for Proposal
APPENDIX F ...........•.•..•••..•..•........ _ ................................................... •· ...................................................................................................... 88
Acceptable Recyclable Materials
APPENDIX G ............................................................................................................................................................................................ 89
Manning Drive Material Recovery Facilty (MRF) Hours of Operation
APPENDIX H ............................................................................................................................................................................................ 90
Procedure for Off Loading Recyclables at Manning Drive Material Recovery Facility
APPEND!)( l .............................................................................................................................................................................................. 92
City of Toronto's Green/one Landfill Site Hours of Operation
APPENDIXJ ............................................................................................................................................................................................. 93
Municipal Waste Resource Materials Collection Bylaws
APPENDIX K ........................................................................................................................................................................................... 101
Anti-Idling Policy
APPENDIX L ........................................................................................................................................................................................... 102
Municipality's Code of Conduct for Employees
iii
RFP 12-01, Curbside Waste Management Collection Services
1.0 DEFINITIONS
The Corporation of the Municipality
Request for Proposal 11 -01
Residential Waste Management Services
In this Request for Proposal (hereinafter referred to as RFP), the following definitions apply.
The tables, packages and appendices' that are referred to in the definitions are described
elsewhere in this RFP.
The word "shall" will be construed as imperative and the word "may" as permissive.
Aluminium Food & Beverage Cans means all cleaned aluminium food and beverage
containers.
Aluminium Foll means all pie plates, tart containers, TV dinner trays, roasters, and household
foil (not contaminated with food).
Alternative Fuels means fuels that generally reduce harmful pollutants and exhaust
emissions.
Approved Recycling Container means the container(s) the Municipality has approved for
usage by participants in the Curbside Program. Table 2 summarizes the Approved Recycling
Containers for this program. Approved Recycling Containers may include: Blue Boxes, and
plastic grocery bags (for fibres only). Please note that while the Municipality does not promote
the use of rigid containers (e.g. crates tubs, pails or baskets), residents are permitted to use
them. The successful proponent shall collect recyclables set out in rigid containers which is
similar in shape and size to a blue box.
Approved Garbage, Yard Material, and Fall Leaf Containers as specified in bylaws where
they exist. (Appendix J).
Aseptic Containers means any multi-layered beverage and food box container.
Boxboard means single layer paperboard packaging such as cereal and shoe boxes.
Municipality Clerk means the person for the time being filling the office of Clerk for the
Corporation of the appropriate municipality where the work is being completed or the person
then acting as such.
Municipality Or Corporation means the municipality where the work is being undertaken.
Municipality Solicitor means the person for the time being filling the Office of Solicitor for the
Corporation or the person then acting as such.
Collection Vehicles means the vehicles used to collect Recyclable Material, Garbage, Yard
Material, and Fall Leaves.
■ The Recycling Collection Vehicles to be used for the performance of the recycling
collection service must have fully enclosed steel bodies to prevent loss or spillage of
Recyclables. Collection Vehicles must also be mounted on an adequate truck chassis, and
they must be capable of loading and unloading Recyclables (at the Curbside residential
complexes, Municipally Approved Locations and at the Material Recovery Facility). Both
automated and non automated Recycling Collection Vehicles are allowed.
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RFP 12-01, Curbside Waste Management Collection Services
Collection Vehicles ... cont'd
■ The Packer Collection Vehicles to be used for the performance of collection of
garbage, yard material and fall leaf collection service must be mounted on an adequate
truck chassis, and they must be capable of loading and unloading garbage, yard
materials and fall leaves at the Curbside as well as the Landfill and composting facility.
Composting Facility means a facility that accepts Yard Materials and Fall Leaves as defined
in this RFP makes provision to remove contaminants from said materials and manually and/or
mechanically composts the materials. For material collected in Central Elgin, the material shall
be hauled to the White Station Operations Centre located at 42343 Fruit Ridge Line. For
Malahide and Bayham the contractor shall be required to find its own disposal site. Both
Malahide and Bayham may consider licensing a local municipal site in the future and they wish
to negotiate pricing in the future if those sites are developed
Consumer Price Index or CPI means the Consumer Price Index for Ontario, all
items(excluding gasoline), as published by Statistics Canada or a comparable successor to
such price index should the Consumer Price Index for Ontario, all items excluding gasoline, be
discontinued in its present form.
Contract Document means the executed Legal Agreement between the Municipality and the
Contractor, the Form of Proposal, Contract Maps/Drawings, addenda incorporated in a
Contract Document before the execution of the Agreement, such other documents as may be
listed in the Agreement, and subsequent amendments to the Contract Document made
pursuant to the provisions of the Legal Agreement.
Contractor or a pronoun in place thereof means the Proponent or Proponents to whom the
Contract has been awarded and who has undertaken to carry out the work as per the Project
Specifications and the Form of Proposal. Contractor will be used interchangeable with
Successful Proponent throughout the RFP.
Corrugated Cardboard or Old Corrugated Cardboard (OCC) means any paperboard
product which consists of a rippled paper insert with paper liners bonded to the outside of the
product.
Council means the Municipal Council of any one of the three municipalities named in the RFP.
Curbside Collection Service means the service that commences at the street curb in front of
a residence, or other establishment (eg. business, school, etc), as specified in the
Specifications.
Designate means the person for the time being who has been appointed to act on behalf of
each Municipality Director of Physical Services for the purpose of administrating this proposed
Contract once executed.
Director of Physical Services during the proposal call, means the Director of Physical
Services for the Municipality of Central Elgin. After the proposal call and the contract has been
awarded means the person responsible for waste management services in each of the
respective municipalities. For Central Elgin and Malahide it shall mean the Director of Physical
Services for the respective municipality. For Bayham it shall mean the Manager of Public
Works.
Empty Paint Cans means any empty paint can with or without dried residue (lid removed), and
falls within the meaning of the definition "empty container" in the regulations made under the
Province of Ontario's Environmental Protection Act.
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RFP 12-01, Curbside Waste Management Collection Services
Empty Aerosol Cans means empty steel aerosol containers
Fine & Mixed Paper means computer paper, all white and coloured ledger paper, which
includes writing pad paper, letterhead, reports, business forms, copy paper and scratch pads,
flyers, envelopes, advertising mail, fibre egg cartons, paper cores, books, kraft paper and other
clean paper packaging.
Gable Top Cartons includes any folding top paper beverage or food container.
Garbage means all drained animal and vegetable waste material from the preparation of food,
sweepings, ashes, discarded household utensils and wearing apparel, ceramics, multi-material
products and packages, non-recyclable glass containers, dog, cat and other pet feces and litter
placed inside a sealed and leak-free bag, diapers placed in a sealed and leak-free bag, empty
dried paint cans, empty aerosol cans and other materials as designated by the Director of
Physical Services from time to time.
Glass Bottles & Jars includes all glass food and beverage bottles and jars. This will include some
Liquor Control Board of Ontario (L.C.8.0.) glass.
HDPE #2 Plastic Bottles, Jugs & Tubs means High Density Polyethylene plastic bottles, jugs
and tubs with SPI code 2.
HDPE #2 Plastic Food, Beverage & Liquid Containers means High Density Polyethylene
plastic food, beverage and liquid containers with SPI code 2.
LDPE #4 Plastic Bottles, Jugs & Tubs means Low Density Polyethylene plastic bottles, jugs
and tubs with SPI code 4.
LDPE #4 Plastic Food, Beverage & Liquid Containers means Low Density Polyethylene
plastic food, beverage and liquid containers with SPI code 4.
Leaf & Yard Materials means garden trimmings, hedge trimmings, leaves, fall leaves, brush,
and vegetable and plant matter.
Magazines & Catalogues means all magazines and catalogues bound with glue or stapled
along the spine.
Material Recovery Facility (MRF) means a facility that accepts Recyclable Material as defined
in this RFP; makes provision to remove contaminants from said recyclables; manually and
mechanically sorts the recyclables and prepares recyclables for end markets.
Missed Collection means that 14 residential units or less have been missed off of an
individual driver's Route.
Missed Route means that 15 residential units or more have been missed off of an individual
driver's Route.
Municipality means the Municipality of Bayham, Municipality of Central Elgin, or the Township
of Malahide either in a singular or collective context.
Newsprint means all newspapers including the inserts that are delivered therein.
"Open Scope" Section This Section is available to the contractor to provide any additional
services or varying the scope of services outlined in the RFP document. The contractor shall
provide a complete description of what is being proposed an provide such description in
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RFP 12-01, Curbside Waste Management Collection Services
Envelope 1 -Technical Submission. The pricing shall be included in Envelope 2 -Pricing
Submission.
#7 Plastic Food, Beverage & Liquid Containers means any layered plastic food, beverage
and liquid container with SPI code 7.
Per Stop Cost means the cost to provide services to households, businesses and locations
where waste collection services are to be provided, as specified by the Proponent.
PET #1 Plastic Bottles, Jugs &Tubs means Polyethylene Terephthalate plastic bottles, jugs
and tubs with SPI code 1 (excludes rigid clamshell containers), (existing recycling program,
Package 1).
PET #1 Plastic Food, Beverage & Liquid Containers means Polyethylene Terephthalate
plastic food, beverage and liquid containers with SPI code 1 (includes rigid clamshell
containers), (expanded recycling program, Package 2).
PP #5 Plastlc Bottles, Jugs & Tubs means clean Polypropylene plastic bottles, jugs and tubs
with SPI code 5 (existing recycling program, Package 1).
PP #5 Plastic Food, Beverage & Liquid Containers means clean Polypropylene plastic food,
beverage and liquid containers with SPI code 5.
Proponent means the Company and Company representative(s) submitting the Proposal(s) for
the Work defined by this Contract.
Proposal Document means the RFP in its entirety including any addenda.
PS #6 Plastic Food, Beverage & Liquid Containers means clear, rigid polystyrene plastic
materials such as those used for food, beverage and liquid containers such as cups, plates,
food trays with SPI code 6 (expanded recycling program, Package 2).
PVC #3 Plastic Food, Beverage & Liquid Containers means clean Polyvinyl chloride plastic
food, beverage and liquid containers with SPI code 3 (expanded recycling program, Package
2).
RFP means Request for Proposal.
Recyclable Materials or Recyclables means those materials listed within the Acceptable
Recyclable Materials to be collected (Appendix F). A definition of each individual Recyclable
Material or Recyclable has been provided in this list of definitions.
Residues mean those materials that are:
• not comprised of Recyclable Materials (as per the selected Package under section
8.1.1);
• improperly sorted; and
• excessively dirty or grimy such that the processed recyclables fail to meet market
specifications.
Rigid Container means a permitted recycling container which includes rigid plastic or metal
containers that residents may use to contain Recyclable Materials at the Curbside. Examples
of Rigid Containers are laundry baskets, pails, crates and tubs. In its communication with
residents, the Municipality will promote the use of Blue Boxes and will not promote the use of
Rigid Containers.
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RFP 12-01, Curbside Waste Management Collection Services
RoadWay means the part of a street improved, designed or ordinarily used for vehicular traffic.
Route means the pre-established number of stops, served in the same sequence, by the same
Collection Vehicle each collection cycle. The geographic area (i.e. the number of streets)
along with the number and sequence of stops to be serviced by each individual Collection
Vehicle will be those established by the Director of Physical Services/ Designate in conjunction
with the Successful Proponent prior to the launch of the Contract.
SPI Code means the Society of Plastics Industry voluntary coding system for plastic that
identifies bottles and other containers, packaging and products by predominant polymer type to
assist in the sorting of plastic by resin composition ..
Spiral Wound Containers (also called composite containers) are food containers with metal
ends with a spiral wound body made of paper and various other materials.
Steel Food & Beverage Cans means all steel food and beverage cans, empty steel paint cans
with lids removed.
Stop means a residence, business or other location identified in this RFP which will be
provided with waste collection services. A Stop is the basis on which Proponents will provide
unit pricing.
Street means a highway, road, lane, avenue, court, boulevard, square, place, crescent or other
public way under the jurisdiction of the Municipality, the County of Elgin or the Province of
Ontario.
Successful Proponent or a pronoun in place thereof means the Proponent(s) to whom the
Contract has been awarded and who has undertaken to carry out the Work as per the Contract
Specifications. Successful Proponent will be used interchangeable with Contractor.
Telephone Books means all telephone directories.
Waste means garbage and rubbish that will be placed curbside for collection, but it shall not
include non-collectable waste or resource materials such as recyclables, leaf and yard waste or
household hazardous waste.
Waste Collection Receptacles means metallic or plastic cans, polyethylene bags and metal
bins.
Work or Works (Unless the context requires a different meaning) means the whole of the
Works, materials, matters and things required to be done or supplied, mentioned, or referred to
in the Contract, including all extra or additional work or material, matters or things which may
be ordered by the Director of Physical Services/ Designate as herein provided.
Leaf & Yard Materials Receptacles means reusable metallic or plastic cans, paper yard
waste bags.
The words authorized, directed, required, requested, approved, ordered, sanctioned, and
satisfactory, unless some other meaning is obvious from the context, shall mean respectively
authorized, directed, required, requested, approved, ordered, or sanctioned by or satisfactory
to the Director of Physical Services.
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RFP 12-01, Curbside Waste Management Collection Services
2.0 CO-OPERATIVE PROCUREMENT & BACKGROUND INFORMATION
This Request for Proposals (RFP) is being issued as a cooperative procurement venture
between the municipalities of Bayham, Central Elgin and Malahide. Economies of scale in
terms of pricing and municipal staff resources as well as trying to achieve a standard level of
service across the larger geographical area are prime objectives of this cooperative
procurement initiative.
Each participating municipality represents a separate corporate entity charged with the
responsibility of purchasing and accounting for its respective portion of the proposed total.
The cancellation terms are set out in section 15.17 in this document.
The Municipalities of 8ayham, Central Elgin and Malahide (hereinafter referred to as the
Municipality) are requesting proposals to acquire the services of a Contractor(s) to:
■ Collect Recyclables from Curbside stops in the respective municipalities
(approximately 11,500 stops total) for a seven (7) year, period beginning June 1, 2012,
with the option for the Municipality to renew for two additional one (1) year period, for a
total of up to nine (9) years.
• Collect Garbage, from Curbside stops in their respective municipalities (approximately
11,500 stops total) for a seven (7) year, period beginning June 1, 2012, with the option
for the Municipality to renew for two additional one (1) year period, for a total of up to
nine (9) years.
• Collect Yard Materials, and Fall Leaves from Curbside stops in their respective
municipalities in the urbanized areas for 4 weeks in the Spring and 4 Weeks in the late
Fall. (approximately 5092 stops total) for a seven (7) year, period beginning June 1,
2012, with the option for the Municipality to renew for two additional one (1) year period,
for a total of up to nine (9) years.
The Work has been divided into different "Parts" that include some or all of the aforementioned
Work as follows; proponents can submit proposals on Parts A, 8, C, D or E.
Part A: Recycling
Collect recycling as follows:
A.1
A.2
A.3
A.4
Weekly curbside collection of recyclables in 8ayham is estimated at 2753
stops
Weekly curbside collection of recyclables in Central Elgin is estimated at
5,500 stops
Weekly curbside collection of recyclables in Malahide is estimated at 2904
stops
Weekly curbside collection of recyclables in Bayham, Central Elgin and
Malahide is estimated at 11, 160 stops
Part B: Garbage,
Collect garbage as follows:
8.1
8.2
8 .3
8.4
Weekly curbside collection of garbage in 8ayham is estimated at 2753 stops
Weekly curbside collection of garbage in Central Elgin is estimated at 5,500
stops
Weekly curbside collection of garbage in Malahide is estimated at 2904 stops
Weekly curbside collection of garbage in Bayham, Central Elgin and
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RFP 12-01, Curbside Waste Management Collection Services
Malahide is estimated at 11,160 stops
Part C: Leaf and Yard Materials,
The partner municipalities are wishing pricing on the weekly collection of Leaf and Yard Waste
within the "urbanized" areas for a four week period in the Spring and a four week period in the
Fall. Collect Leaf and Yard Materials as follows:
C.1
C.2
C.3
C.4
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard waste in Bayham is estimated at 1219
stops
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard waste in Central Elgin is estimated at 3,300
stops
Weekly curbside (four weeks in the spring and four weeks in the fall}
collection of garbage, leaf & yard waste in Malahide is estimated at 573 stops
Weekly curbside (four weeks in the spring and four weeks in the fall)
collection of garbage, leaf & yard in Bayham, Central Elgin and Malahide is
estimated at 5092 stops
Part D: Bulk bin collection
The partner municipalities are wishing pricing on the supply and management of bulk bin
collection at a number of private and municipally owned sites. Predominately the sites are on
municipally owned lands such as community centres, operations centers, arenas and municipal
offices. In Central Elgin there are 2 private condominium sites that require the use of bulk
collection bins due to the constraints on the property and the inability to drive a conventional
packer on the site. Typically the collection will be on a weekly basis at all sites. Given
seasonal demands, there may be a need to collect bins on a more frequent basis. The details
of these bins are included in Appendix C, where the size, location and frequency of dumping is
outlined.
Part E: Combined contract for all services
Includes all Work as described under Parts A, B, C, and D.
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RFP 12-01, Curbside Waste Management Collection Services
3.0
3.1
SCOPE
Part A: Curbside Recycling Collection Service
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of Curbside recycling collection
services within the municipal boundary of the Municipality and all related Work as described
herein. The Curbside Recycling Collection Service will operate within each municipal area as
defined by the maps entitled Recycling Collection Maps (Appendix A).
In all cases it is expected that the proposed approach for the collection of recyclables includes
the management of materials in a manner that minimizes the cost to the Municipality by
establishing an efficient collection that maximizes diversion rates as well as revenues.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect and sort recyclables at the curb into two streams (fibres and containers) from all stops
that are served by the recycling collection program. The preference is that the Recycling
collection will be on the same day as garbage collection. However, if there is a substantive cost
savings to have recycling collection on a different day as the garbage collection then this will be
considered. If the contractor is proposing different collection days for Garbage and Recycling
this should be priced in the "Open scope" section of the proposal.
b) All three municipalities have executed agreements with the City of London for the processing
and marketing of recyclables. With respect to pricing please provide pricing for each individual
municipality to deliver all sorted Recyclable Materials to the City of London, Manning Drive
Material Recovery Facility located at 3290 Manning Drive, London, ON.
The Municipality of Bayham is open to having recyclables processed and marketed at a
different location. Pricing of this work should be identified in the "Open Scope~ section of the
RFP. The type and range of materials accepted at the alternate MRF should be comparable to
that identified in Appendix F. The contractor shall state the items accepted within the recycling
stream, the location of the MRF and any revenue that the municipality could expect from the
sale and marketing of the recyclable products. In the event that Bayham accepts this pricing
and location, it shall be the responsibility of the successful contractor to secure an agreement
with the receiving MRF equal to the term of this contract. AU terms and conditions of this
agreement shall be to the satisfaction of the Munjcipality of Bayham.
c) Maintain a comprehensive reporting program to the Municipality, on a monthly basis or as
required by the Municipality, concerning all collection program operations.
d) There will be a requirement for contractors to enter onto private property to pick up recyclables.
The properties are typically plans of condominium and mobile home parks.
3.2 Part B: Curbside Garbage Collection Services
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Curbside Garbage collection
service within the municipal boundaries and all related Work as described herein. The
Garbage collection service will operate within the municipalities as defined by the maps entitled
Curbside Garbage Collection Maps (Appendix A). The preference is that the Recycling
collection will be on the same day as garbage collection. However, if there is a substantive cost
savings to have recycling collection on a different day as the garbage collection then this will be
considered. If the contractor is proposing different collection days for Garbage and Recycling
this should be priced in the "Open scope" section of the proposal.
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RFP 12-01, Curbside Waste Management Collection Services
All three municipalities currently have separate agreements with the City of Toronto to facilitate
dumping of Garbage at the Green Lane Landfill located at 38590 Third Line, Township of
Southwold, ON .
In all cases it is expected that the proposed approach for the collection of Garbage includes the
management of these materials in a manner that minimizes the cost to the Municipality by
establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Garbage at the curb from all curbside stops, that are served by the garbage collecti on
program and deliver the material collected to Green Lane Landfill or such locations as the
Director of Physical Services may, in writing designate.
In the case of Bayham, The Municipality of Bayham is open to having garbage landfilled at a
different location other than Green Lane Landfill. A contractor may elect to landfill garbage at a
location other than Green Lane. If the contractor elects to provide an option for the disposal
landfill, pricing of this work should be identified in the "Open Scope" section of the RFP. The
contractor shall state the location of the landfill and the tipping fee attributed to the disposal of
the material. In the event that Bayham accepts this pricing and location, it shall be the
responsibility of the successful contractor to secure an agreement with the receiving landfill
equal to the term of this contract. All terms and conditions of this agreement shall be to the
satisfaction of th e Municipality of Bayham.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
c) There will be a requirement for contractors to enter onto private property to pick up garbage.
The properties are typically plans of condominium and mobile home parks.
3.3 Part C: Curbside Leaf and Yard Materials Collection Services
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Curbside Leaf & Yard
Materials collection service within the urbanized areas in the municipal boundaries and all
related Work as described herein. The Leaf & Yard Materials collection service will operate
within the municipalities as defined by the maps entitled Curbside Leaf & Yard Materials
Collection Maps (Appendix B).
In all cases it is expected that the proposed approach for the collection of Leaf & Yard
Materials includes the management of these materials in a manner that minimizes the cost to
the Municipality by establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Leaf & Yard Materials at the curb from all stops as specified, which are served by the
Yard Materials collection program, and in the case of:
a. Bayham will deliver all collected leaf & yard materials to an approved licensed location of
the contractor's desire or such locations as the Director of Physical Services may, in writing
designate.
b. Central Elgin will deliver all collected leaf & yard materials to the White Station Operations
Centre located at 42343 Fruit Ridge Line, Central Elgin, ON or such locations as the
Director of Physical Services may, in writing designate.
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RFP 12-01, Curbside Waste Management Collection Services
c. Malahide will deliver all collected leaf & yard materials to an approved licensed location of
the contractor's· desire or such locations as the Director of Physical Services may, in writing
designate.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
c) There will be a requirement for contractors to enter onto private property to pick up leaf and
yard waste. The properties are typically plans of condominium and mobile home parks.
3.4 Part D: Bulk Bin Collection of Garbage
The Work to be done under this Part shall consist of the supply of all materials, vehicles,
facilities, equipment and labour necessary for the operation of a Bulk Bin Collection Program
for Garbage collection service within the municipal boundaries and all related Work as
described herein. The Bulk Bins will be located at municipally owned facilities including but not
limited to, community centres, municipal operations centres, libraries, and in multi-family
residential properties where operation of standard curbside collection equipment is difficult.
Bulk Bin collection service will operate within the municipalities as defined by the maps entitled
Bulk Bin Garbage Collection Maps (Appendix C).
In all cases it is expected that the proposed approach for the collection of Garbage utilizing
Bulk Bins includes the management of these materials in a manner that minimizes the cost to
the Municipality by establishing an efficient collection system.
Without in any way limiting the scope of the foregoing, the Successful Proponent shall:
a) Collect Garbage from all locations, that are served by bulk collection bins and deliver the
garbage to the landfill locations as described in section 3.2a) above or such locations as the
Director of Physical Services may, in writing designate.
b) Maintain a comprehensive reporting program to the Municipality, on a monthly basis, or as
required by the Municipality, concerning all collection program operations.
3.6 Part E: Combined Services for Curbside Recycling & Garbage. Yard Materials. Fall Leaf
and Bulk Bin Collection Services
This part includes all work as described under Sections 3.1 and 3.2 and 3.3 and 3.4
3.6 PART F: Open Scope
The Open Scope section of the RFP provides complete flexibility to the contractor. Any
changes in scope from that clearly indicated in Parts 3.1, 3.2, 3.3 and 3.4 which is being
proposed by the contractor should be described and priced under section 3.6, Open Scope.
Changes in service levels that one may wish to price under the Open Scope Section include by
are not limited to biweekly collection of garbage in winter monthes for example.
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RFP 12-01, Curbside Waste Management Collection Services
4.0
4.1
4.2
COLLECTION SCHEDULE
Garbage Collection
Garbage will be collected weekly. Residents are required to put their garbage to curbside on
the day of collection prior to 7:00 am. All garbage shall be removed from curbside prior to 5:00
pm by the contractor. There is some latitude for the contractor to review the collection areas
and provide a proposal respecting when collection will be provided.
Given the seasonal and transient nature of the cottage population in Port Stanley it is
mandatory that weekly collection for Port Stanley will be provided on Monday.
In order to reduce the confusion for residents, the municipality does have a preference that the
curbside collection of recyclables and garbage will be completed weekly on the same day of
the week. However, if there is a substantive cost savings to have recycling collection on a
different day as the garbage collection then this will be considered.
Recycling Collection
Recycling will be collected weekly. Residents are required to put their Blue Box recycling to
curbside on the day of collection prior to 7:00 am. All recycling shall be removed from curbside
prior to 5:00 pm by the contractor. There is some latitude for the contractor to review the
collection areas and provide a proposal respecting when collection will be provided.
Given the seasonal and transient nature of the cottage population in Port Stanley it is
mandatory that weekly collection for Port Stanley will be provided on Monday.
In order to reduce the confusion for residents, the municipality does have a preference that the
curbside collection of recyclables and garbage will be completed weekly on the same day of
the week. However, if there is a substantive cost savings to have recycling collection on a
different day as the garbage collection then this will be considered.
4.3 Leaf and yard Waste Collection
Leaf & Yard Materials are collected during Green Weeks as listed on the Municipality's Waste
Calendar. A copy of the 2011/2012 calendar can be found in Appendix D. The Municipality(s)
will provide curbside collection of Leaf and yard waste every spring commencing the mid April
and ending the middle of May (4 weeks total) in the areas as identified in Appendix B .. In the
fall the Municipality notifies residents each October of the Green Weeks collection schedule.
The start of the collection will be weather dependant based on seasonal affects on trees etc.
Typically the collection will commence near the third week of October with the collection of Leaf
and Yard materials to be conducted weekly for four (4) weeks. Residents are required to put
their Yard Materials and Fall Leaves to the curb by 7:00 a.m. Monday morning of Green Week.
The Successful Proponent will have until Friday at 4:00 pm of Green Week to collect these
materials. The contractor shall provide weekly collection to all designated areas for four (4)
weeks in the spring and four (4) weeks in the Fall.
4.4 Statutory Holidays
For the purpose of this Contract, Statutory Holidays will be the following days:
■ New Year's Day • August Civic Holiday
■ Family Day ■ Labour Day
■ Good Friday ■ Thanksgiving Day
..■ Easter Monday ■ Christmas Day
■ Victoria Day ■ Boxing Day
■ Canada Day
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RFP 12-01, Curbside Waste Management Collection Services
4.5 Holiday Schedule Accommodation
The Municipality notifies residents each year of the collection schedule for Statutory Holidays.
Those receiving the Curbside collection services are informed of the Statutory Holiday
schedule through the Collection Calendar.
It is important to note that in the event of a Statutory Holiday falling within a given week, the
contractor shall make accommodation to ensure that every resident is provided curbside
collection of Garbage and Recyclables. Given the increased cost to man the Green Lane
Landfill and the London MRF the municipalities prefer not to collect Garbage and Recycling on
Statutory Holidays the contractor should make provisions to not collect Garbage and Recycling
on Statutory Holidays unless alternative storage of materials collected is provided by the
contractor. Such storage must be in compliance with all applicable federal, provincial and
municipal laws. In the past, the Saturday of the week that contained the statutory holiday was
used to provide this level of collection.
4.6 Hours of Work
The Successful Proponent will conduct operations so as not to create a nuisance or disturb the
peace unnecessarily. Collection Vehicles may not collect materials prior to 7:00 a.m.
In the case of recycling collection, each designated area must be completed by 5:00 p.m. and
the recyclables unloaded at the City' of London's MRF at 3290 Manning Drive prior to 6:00 p.m.
or at the designated MRF prior to regular closing hours.
In the case of garbage collection, each Municipal Area must be completed by 3:00 p.m. and the
garbage unloaded at the designated landfills prior to regular closing hours of Green Lane
Landfill this is 5:00 pm.
In the case of leaf & yard materials, each Municipal Area must be completed by 5:00 p.m. and
the material unloaded at the designated processing facilities prior to closing.
Whenever the Successful Proponent desires to depart from the normal working hours specified
above (e.g. to compensate for weather conditions), approval from the Director of Physical
Services I Designate must be obtained. No Saturday or Sunday work will be permitted except
in the case of an emergency or if directed by the Director of Physical Services I Designate.
Whenever, in the judgment of the Director of Physical Services / Designate, it may be
necessary or expedient to do additional work from the day collection service at night, on
Saturdays, Sundays, holidays or before or after the normal work day, such night or overtime
work shall be performed by the Successful Proponent without additional or extra cost to the
Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
5.0
5.1
SUCCESSFUL PROPONENT REQUIREMENTS AND GENERAL SPECIFICATIONS
Implementation Prior to Start-up
The Successful Proponent shall, within two (2) weeks of the receipt of a set of Executed
Contract Documents, submit a proposed implementation schedule to the Director of Physical
Services/ Designate for approval. This implementation schedule shall show clearly, in weekly
stages, the proposed progress of the main items such as: evidence of purchase plans for
Collection Vehicles; initiation of agreements with the sub-contractors (if any) as well as staff
recruitment and selection plans.
Collection Vehicles
A minimum of one (1) month prior to Contract start-up, the Successful Proponent will submit for
the Director of Physical Services / Designate review a finalized listing of all the vehicles to be
utilized in the collection program which includes:
■ Make,
■ Model,
■ Type,
■ Size (i.e. capacity),
■ The year of purchase for each vehicle, its life expectancy and anticipated replacement
date.
Collection Routes
A minimum of two (2) months prior to Contract start-up, the Successful Proponent will also
submit Route maps for the Director of Physical Services / Designate approval. The Route
maps are to clearly outline:
■ the Route for each truck on each collection day,
Iii the vehicle license number, route number and truck number,
■ the starting time and location for each route/truck,
■ the approximate finishing time and location for each route/truck, and
■ the location of town homes, Special consideration collections, or any other location with
special collection needs.
The Municipality will keep a copy of all route maps. The individual collection routes and
collection days will not be changed during the Contract without prior written approval of the
Director of Physical Services / Designate.
Drivers shall retain the same route and truck number for each collection day and shall
maintain a consistent collection time pattern (i.e. pass by a house at approximately the
same time each collection day).
It is the contractor's responsibility to ensure that any new, replacement or temporary collection
workers are well trained in the collection route. In the event that the driver deviates from the
approved collection route without the written approval of the Director of Physical Services /
Designate and collections are missed, the driver shall return back to the missed area/property
and collect the garbage or recycling during the same day of collection. No additional
compensation will be provided for this return.
Collection Vehicle Pictures/ Inspections
A minimum of two (2) weeks prior to the commencement of the Contract, the Successful
Proponent shall supply the Municipality with digital pictures of each collection vehicle. The
pictures will clearly show the front, rear and two sides of each collection vehicle dedicated to
the Contract.
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RFP 12-01, Curbside Waste Management Collection Services
The Director of Physical Services I Designate may elect to inspect the Contractor's fleet at the
Contractor's facility at least two weeks prior to the start of the waste management collection
service to ensure there are adequate Collection Vehicles assigned for the Contract.
Appendix E contains a checklist of all the requirements that must be met prior to start up and
their respective due dates.
5.2 Coordination Meetings
The Successful Proponent shall attend such meetings with Municipality staff as may be
required by the Municipality to co-ordinate services affected by the Contract both prior to start-
up and during the term of the Contract.
5.3 Innovation Clause
To ensure continuous improvement and best practices, the Successful Proponent shall attend
meetings bi-annually, or as otheiwise agreed upon, to present and discuss proposals for
improvements to the effectiveness (percent of material being recovered) and efficiency (net
cost of the materials recovered) of the Contract being delivered. At this time, both parties can
bring forward and discuss possible Contract amendments. Any innovation Contract
amendments will be at the sole discretion of the Municipality and agreed to by the Successful
Proponent and subject to approval by Municipality Council.
5.4 Contractor's Base of Operation
Satisfactory to the municipality, the Successful Proponent shall maintain an office or base of
operation within the geographic region during normal business hours (7:00 a.m. to 5:00 p.m.).
The office/base of operation shall be equipped with telephones, computers (with high speed
internet and email capability) and a fax machine. The Successful Proponent shall staff the site
during normal business hours, Monday to Friday to receive correspondence from the Director
of Physical Services/ Designate regarding contracting issues and to help carry out the work
and corrective actions.
The base of operation shall have adequate parking space available to accommodate the
parking requirements of the collection vehicle fleet and any other vehicles used in the
administration of the Contract.
The Director of Physical Services/ Designate may visit the Contractor's office from time to time
to participate in meetings and to ensure the that the facilities are adequately meeting the needs
of the Contract.
The Proponent shall provide information regarding their office in their Technical Submission.
5.5 Scavenging
Under no circumstances shall the Successful Proponent's staff engage in scavenging of
materials collected through the Municipality's waste collection programs or scavenge materials
at the facility designated to receive the Municipality's materials.
5.6 Promotion & Education
The Municipality will be responsible for the design, production and distribution of all required
promotion and education materials.
The Successful Proponent will participate in the operation of promotion and education
campaigns to raise recycling and waste reduction awareness within the Municipality.
Components of the promotion and education campaigns will include, but are not limited to:
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RFP 12-01, Curbside Waste Management Collection Services
contact with the public on collection routes (e.g. answering questions, providing information),
utilization of stickers etc. to identify unacceptable items placed at curbside or not properly
using was waste reduction tools such as "bag tags".
5. 7 Cooperation with Demonstration Projects
In the event a Demonstration Project is undertaken, the Municipality may suspend, delay and,
or monitor all or a portion of the Work in a defined area. The Municipality may or may not
require the Successful Proponent's workforce and, or equipment to participate in, or operate a
Demonstration Project. Should the Successful Proponent's workforce and, or equipment be
required, the basis of payment will be determined at the time of the project by the Municipality
through mutual consent with the Successful Proponent.
The Director of Physical Services/ Designate reserves the right to contract or partner with any
other person, agency or firm, for the purposes of conducting any Demonstration Project.
5.8 Record Keeping & Reporting Requirements
The Successful Proponent is to maintain a comprehensive record keeping program and submit
reports to the Director of Physical Services/Designate concerning program operations. Table 1
details the record keeping and reporting requirements and their respective due dates.
a e . econ an eoo ems . T, bl 1 R d d R rt It
RECORD or REPORT ITEM DUE DATE
Age of Vehicles Within fourteen (14) days of Report each time a Collection Vehicle is replaced either because it has exceeded the
eight (8) year mark or due to mechanical failure. the change.
Accidents
All accidents MUST be accurately documented and reported (whether minor or Immediately (within one (1) major) involving the public or damage to private or public property within one (1) hour hour of the incident). of occurrence.
Damage Claims Within two (2) business Provide written records and copies of claims (for each occurrence) where damages days of receipt of the have been sustained, and as they apply to the Contract. record or claim.
Mechanical or Oil Spills
Report any spills to the Spills Action Centre of the Ministry of the Environment (1-Immediately (within one (1)
800-268-6060) in addition to the Director of Physical Services/ Designate. hour of the incident).
Routine Collection Issues & Corrective Actions
Notify the Municipality of corrective measures taken to resolve routine collection End of Day or at a time
issues such as missed stops, broken blue boxes/carts, etc. brought to the attention of agreed by the Munlcipalfty.
the Successful Proponent by the Municipality.
Non-routine Collection Issues & Corrective Actions
Notify the Municipality of all non-routine collection issues such as incomplete routes, Immediately (within one (1)
disagreements between a resident and a collector, etc. and the proposed corrective hour of the incident).
measures to be taken in response to the issue.
Commercial Vehlcle Operator's Registration (CVOR) Annually (September) Provide evidence of a valid CVOR throughout the Contract.
Certificate of Approval of a Waste Management System
Provide evidence of a valid Certificate of Approval of a Waste Management System Annually (September)
throughout the Contract.
Resolved Claim Notification
Provide written confirmation that all claims for damages from residents were resolved 30 days following the claim
within thirty (30) days of the receipt of a claim.
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RFP 12-01, Curbside Waste Management Collection Services
6.0 COLLECTION VEHICLES
6.1 General
The Successful Proponent is required to provide appropriate collection vehicle(s) for the
fulfillment of the work in accordance with the terms of this Request for Proposal. Failure to
provide such collection vehicle(s) shall be sufficient reason to declare the Successful
Proponent in default and forfeiture of the Performance Bond to the Municipality.
6.2 Age of Collection Vehicles
All collection vehicles used in the performance of the work shall not exceed eight (8) years of
age at the commencement of the Contract and no collection vehicle, including spare collection
vehicles shall exceed eight (8) years of age during the term of the Contract.
6.3 Industry, Regulatory. Safety, Licensing & Other Standards
The Successful Proponent will have a valid Commercial Vehicle Operators Registration
(CVOR), and the Overall Safety Rating must be satisfactory (audited or unaudited). The CVOR
must be maintained in this standing with the Ministry of Transportation for the duration of the
Contract. Similarly, the Successful Proponent will also hold in good standing, a valid Certificate
of Approval for a Waste Management System with the Ministry of Environment as it is required
for waste hauling activity.
Overall, collection vehicles to be used for the performance of service must conform to all
current industry, regulatory, safety, licensing and other applicable standards as amended.
6.4 Physical and Mechanical Requirements
All collection vehicles must have fully enclosed steel bodies to prevent loss or spillage of the
materials. Collection vehicles must also be mounted on an adequate truck chassis.
6.5 Compaction Vehicles for Recycling Collection
Compacting or non-compacting vehicles may be used for Recycling Collection Service. Where
Recycling Collection Vehicles capable of compaction are in use, the Successful Proponent will
adhere to a maximum allowable compaction pressure equivalent to 2: 1 for both the container
and fibre streams.
6.6 Appearance of Collection Vehicles
The body of all collection vehicles shall be freshly painted at the Contractor's expense prior to
commencement of the work. It is expected the collection vehicles will be maintained in a rust
free condition for the duration of the contract. Throughout the contract the Municipality will
require the Successful Proponent to re-paint any or all collection vehicles not in a rust free
condition at the Contractor's expense.
The Successful Proponent will not carry advertising on the collection vehicles. Recycling and
other waste management messages may be promoted on the collection vehicles with the
approval of the Director of Physical Services / Designate.
Collection vehicles shall be freshly painted and display the Contractor's name and logo. The
Successful Proponent is required to make arrangements and supply all labour as necessary to
paint the collection vehicles.
The Successful Proponent shall ensure that each collection vehicle displays a four (4) digit
identification number of sufficient size to be easily identified on the front, rear and sides. The
last two (2) digits of the identification number shall represent the year the collection vehicle was
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RFP 12-01, Curbside Waste Management Collection Services
manufactured. Any additional collection vehicles which may be required during the contract will
also require a similar system of numbering.
The Successful Proponent shall at their own expense make arrangements for the exterior of all
collection vehicles to be washed a minimum of once a week or as directed by the Director of
Physical Services / Designate. The Successful Proponent shall also disinfect the inside and
outside of the collection vehicles on a regular basis or as directed by the Director of Physical
Services / Designate so as not to cause any offensive odours.
6. 7 Daily Supply of Collection Vehicles
The Successful Proponent shall license, operate and maintain at all times, a sufficient number
of collection vehicles to properly maintain the satisfactory standard of service provided for in
the contract.
The Successful Proponent is fully responsible for determining and providing the number of
collection vehicles required to perform 100% of each day's collection within the designated
times.
In the event of equipment breakdown, the Successful Proponent shall supply without any
unreasonable delay, sufficient alternative equipment to complete the work in accordance with
the terms of the contract.
If in the opinion of the Director of Physical Services / Designate, the Successful Proponent
does not have adequate collection vehicles to properly provide service in accordance with this
contract(s), the Director of Physical Services / Designate will have the right to require the
Successful Proponent to increase the number of collection vehicles required, as determined by
him or her, to ensure that the performance is in accordance with the terms of the contract. The
Successful Proponent shall comply with the direction and shall not be entitled to additional
compensation over and above the contract unit prices as a result of any requirements for these
additional collection vehicles.
The Successful Proponent shall have access to a sufficient number of spare collection vehicles
to dedicate to this contract to ensure that in the event of a breakdown, the collection continues
to be performed in accordance with the terms of the contract. The Successful Proponent shall
have access to at least one (1) spare recycling and one (1) spare garbage collection vehicle,
not more than five (5) years old at the start of the contract. The Successful Proponent should
consider parking spare collection vehicles in a yard within municipal limits.
6.8 Co-operative Use of Collection Vehicles
Contractors that are awarded work for more than one Municipality are encouraged to plan their
routes and make use of collection vehicles in a manner that minimizes the cost to the
Municipalities by establishing an efficient collection system. For example, Proposals that find
cost savings to the Municipality by planning routes that cross municipal boundaries will be
considered subject them to meeting the reporting requirements. For the purposes of submitting
the proposal, the contractor shall submit the price for collection under Parts A, B and C by
municipality assuming the collection days do NOT cross municipal boundaries. If the
contractor wishes to provide collection services while ignoring municipal boundaries then this
shall be done in the "Open Scope" section of the RFP document.
6.9 Maintenance of Collection Vehicles
Collection vehicles must be maintained in an exemplary condition and on a regular basis. The
Successful Proponent is responsible for the maintenance, repairs and operating costs of the
collection vehicles including fuel, lubrication, licensing, insurance, washing and storage. The
Successful Proponent will maintain a record of all maintenance services performed on the
collection vehicles and shall forward a copy of the record to the Municipality if requested.
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RFP 12-01, Curbside Waste Management Collection Services
The collection vehicles are to be properly constructed and maintained to eliminate the
depositing of debris onto the street during collection and while traveling to the Material
Recovery Facility and or to the Landfill or composting sites. Any collection vehicle found to be
depositing debris as a malfunction of the vehicle shall be removed immediately from performing
the work.
The Successful Proponent shall promptly repair all body damage such as scratches and dents
to the satisfaction of the Municipality.
The Successful Proponent shall make every reasonable effort to ensure collection vehicles are
empty of Materials at the end of the day.
The Municipality reserves the right to have any collection vehicle it deems not mechanically
sound, clean or properly labelled removed from the work until such time as the collection
vehicle is deemed mechanically sound, clean and properly labelled.
6.1 O Additional Equipment for Collection Vehicle
Each collection vehicle will be equipped with a shovel, broom, protective gloves and garbage
bags for the purpose of cleaning up any debris that has spilled while performing the work.
Each collection vehicle will also be equipped with a spill kit that shall include absorbent material
in the event of an oil, fuel, or hazardous material spill and a mat for the purpose of covering
storm and sanitary sewers covers/ catch basins in order to prevent spills to these locations.
All collection vehicles must be fitted with necessary and functioning safety devices and must be
equipped with a two-way radio. Each collection vehicle will also be equipped with a fire
extinguisher, first aid kit and reflective safety vests.
6.11 Alternative Fuels/ Green Fleet Initiatives
Consideration will be given to Proponents who incorporate alternative fuels and other green
fleet initiatives into their Proposal submission. The alternative fuels and, or green fleet
initiatives must be fully explained in the work plan submitted.
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RFP 12-01, Curbside Waste Management Collection Services
7.0 STAFFING
7.1 Contract Supervision by the Contractor
The Municipality will be provided, to the satisfaction of the Director of Physical Services /
Designate, with the email addresses and telephone numbers of the Contractor's
representatives who may be contacted at anytime, 24 hours per day, 7 days per week, on
matters relating to this contract and who shall have overall responsibility for the contract. Email
accounts must be checked at a minimum, twice per day (10 a.m. and 2 p.m.), Monday to
Saturday. This does not eliminate the need to receive routine emails, telephone calls and work
orders throughout the day.
7.2 Route Supervisor(s)
The Successful Proponent must have on duty on all collection days, (a) qualified supervisor(s),
so as to ensure a courteous, prompt and efficient service for handling complaints. The route
supervisor(s) will be available during all hours the trucks are carrying out the work. The
supervisor(s) must have a vehicle that is capable of picking up material missed by any of the
collection vehicle operators and which in the opinion of the Director of Physical Services
/Designate is the responsibility of the contractor. The route supervisor(s) will be equipped with
handheld devices which are capable of both telephone and email communication.
7.3 Customer Service Standards
Employees shall be polite, courteous and respectful towards the public at all times. The
Successful Proponent shall employ for this work, only competent and skillful workers. The
Successful Proponent shall further ensure that a high standard of service; courtesy and
consideration is exhibited in all of its dealings with residents, visitors and the general public;
and that it conducts all of its operations, including its administrative functions, with the utmost
regard for enhancing public relations; and in recognition of the need to uphold and maintain the
positive public image of the Municipality.
Specifically, the Successful Proponent shall ensure:
• worker compliance with the collection stipulations outlined for the collection contract,
• workers are well informed of the customer service standards expected of them, namely
to be professional in attitude & appearance.
7.4 Customer Service Training
All staff retained by the Successful Proponent for this contract shall have appropriate,
specialized training to ensure that they behave at all times in a polite, courteous and respectful
manner while fulfilling their duties. The Successful Proponent will use this training to help
prevent any of the following incidents from occurring:
i) staff in possession of or under the influence of alcohol, illegal narcotics or controlled
substances,
ii) unsafe practices,
iii) use of foul, profane, vulgar or obscene language,
iv) exhibiting behavior that may reasonably be considered offensive and unacceptable
customer service,
v) solicitation of gratuities or tips from the public for services performed under the contract,
vi) refusal to collect and, or handle material placed out for collection in accordance with the
contract
vii) deliberate or reckless destruction of private or public property;
viii) deliberate or reckless scattering, spilling, or disposal of collectable materials, non
collectable items, or collection containers that have been set out by program
participants;
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RFP 12-01, Curbside Waste Management Collection Services
ix) provision of any collection service by an employee who is not wearing an easily
identifiable, neat, and clean uniform; and
x) scavenging.
xi) collection of materials such as garbage that is not properly tagged.
The Director of Physical Services / Designate may bring, to the attention of the Successful
Proponent, employee performance issues or any of the obligations under the contract or
assess Liquidated Damages as noted in the Special Provisions, clause 8.24, where the
Director of Physical Services/ Designate, in his or her sole discretion, considers that any of the
above incidents have occurred.
7.5 Health & Safety Standard
The Successful Proponent acknowledges that it will ensure compliance with all Federal,
Provincial, and Municipal occupational health and safety regulations. The Successful
Proponent accepts the responsibility for the health and safety of its employees and its
Subcontractors (if Subcontractors are used) and will take all reasonable precautions for the
protection of its employees and Subcontractors.
7.6 Health & Safety Training
The Successful Proponent shall provide training for employees and Sub-contractors (if
applicable) involved with the contract. The training shall include but is not limited to, health and
safety training, training on how to operate equipment and vehicles, and emergency response
measures.
The Successful Proponent shall set up, maintain, and enforce safety policies and procedures
for the protection of its staff and other persons involved with their operations.
The Successful Proponent shall provide the Director of Physical Services /Designate, one (1)
month prior to start-up with written confirmation that all employees directly involved with the
contract have undergone a complete safety training program before undertaking any activities
for the contract. This written confirmation will be updated annually by the Successful
Proponent as new employees are engaged. The safety training shall conform to the
Contractor's policies and procedures. Documentation outlining the contractors training program
(items covered) shall be provided to the Director of Physical Services for their review and
approval. If in the opinion of the Director of Physical Services there are items missed from the
contractors training program, the contractor shall include these items and document that the
contractor's employees have been trained on the missed items.
7.7 Personnel Listing
The Successful Proponent shall provide the Director of Physical Services /Designate with a list
of management and supervisory positions, including names of persons involved in the
Collection Program operations, one (1) month prior to start-up and whenever there are
changes to the list due to changes in personnel or the addition or deletion of positions.
Included in the personnel listings will be the telephone numbers and email addresses for all
administrative and supervisory staff that will be in contact with the Municipality.
7.8 Code of Conduct for Employees
The Successful Proponent shall ensure that all employees comply with the Municipality's Code
of Conduct for Employees. As per attached in Appendix L.
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RFP 12-01, Curbside Waste Management Collection Services
8.0 COLLECTION PROGRAM SPECIFICATIONS
8.1 Collection Service
8.1.1 Parts A: Curbside Recycling Collection Service
Collection of all acceptable Recyclables (two stream: fibres, containers) shall be made every
week during weekdays only according to the routes and schedules approved by the Municipality.
The "Acceptable Recyclables" that shall be covered under this contract are listed and attached in
Appendix F. Items may be added and/or deleted from the list as required by the Municipality
during the term of the contract. There is no limit to the amount of recyclables permitted at each
stop.
Prior to the start of the contract period a standard schedule will be determined with the
Contractor to the satisfaction of the Municipality. The contractor shall conform to the schedule
that will be established for the contract period. If a change to the collection schedule is required
by the Contractor or the Municipality both parties will work together to reorganize the established
routes and provide adequate public notice where required.
Recyclables placed in Blue Boxes, or similar rigid containers, shall be collected from all dwelling
units, and any businesses and institutions identified by the Municipality to receive this service.
The Contractor shall affix and/or drop off notices supplied by the Municipality informing any non-
compliance of the Recycling Collection Program while performing collection works under the this
agreement. If the Municipality requires the Contractor to distribute notices in addition to this, the
contractor will be paid additional funds based on the contractor's hourly rate for staff at the time.
The Contractor shall deliver Acceptable Recyclables to the London MRF (or approved disposal
location) only on days and during hours as set out in Appendix G attached hereto, subject to
revision by the Municipality should the City of London want to alter the MRF's hours of
operation. The Municipality will issue at least ninety (90) days notice of intention to revise the
hours and days of operation and consult with the Contractor to determine a revised schedule.
Metric tonne recycling processing costs to be paid by the Municipality and is outside the terms
of this contract.
The MRF may require Split Weighing of any load in order to establish quantities in each
Contract Stream.
All vehicles under the ownership and/or control of the Contractor and using the MRF shall have
the driver inspect each load after it is dumped and remove all visible Non-Recyclables.
All vehicles under the ownership and/or control of the Contractor shall follow all MRF
operational protocols (e.g. unloading) and health & safety procedures while at the Facility.
The maximum allowable compaction of Mixed Containers stream received at the MRF is a ratio
of 2 or a density of 100 kg/m3, whichever is lower.
The maximum allowable compaction of Mixed Paper Fibres stream received at the MRF is a
ratio of 2.5 or a density of 375 kg/m3, whichever is lower.
The Contractor shall meet the compaction requirements for both recyclable streams.
The Contractor agrees to take all reasonable measures to delivery only "Acceptable
Recyclables'' and to deliver these materials in the correct Contract Stream. Residents will be
instructed by the Municipality of the Acceptable Recyclables and to separate Recyclables into
the two streams. If residents have set out non-Recyclables, or have not separated their
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RFP 12-01, Curbside Waste Management Collection Services
Recyclables into two-streams, the Contractor will be required to sort materials into the correct
streams and to pick out non-Recyclables and replace them back into the Blue Box at the
curbside, as well as provide documentation to the resident why the materials were left.
The "Acceptable Recyclables Materials" shall be delivered loose (not in plastic bags) to the
MRF.
Residents will be advised of Acceptable Recyclable Containers. These are listed in the Table
below.
a e : Ti bl 2 A t bl R ccep;a e ecycma on amers J" C t .
Container Bavham Central Elaln Malahide
Blue Boxes
Sizes range from 50 ✓ ✓ ✓
to 85 litre (aoorox)
JC JC JC
Recyclables in clear Contractor would tag Contractor would tag Contractor would tag
Plastic Bags and leave behind and leave behind and leave behind
Fibres excluded Fibres excluded Fibres excluded
Maximum Weight XXX XXX Xxx
JC JC ✓
360 litre cart At the Springfield
Communitv Centre
8.1.2 Parts B: Garbage. Leaf & Yard Material Collection Service
Garbage
Garbage will be placed in bags or garbage cans at the curbside for collection. Collection of
bulky item garbage (oversized items and furniture) is not accepted. The municipality utilizes
"bag tags" to promote waste reduction while providing flexibility. No garbage should be
collected that is not properly exhibiting a current year "bag tag". If garbage is placed at curbside
utilizing a rigid container such as a metallic or plastic can, the top bag shall clearly exhibit the
bag tag.
The container limit for each Municipality is indicated below. Several materials are banned from
Curbside collection including bulky items, appliances, construction & demolition materials and
electronics.
a e : ar, aae T. bl 3 G 'b e u eawremen s StOtR t
Municipality Bayham Central Elgin Malahide
156 tags. Each 90 tags. Each 3 bags per set out
residence/business residence/business is during 2012. Bag
is provided 156 tags provided 90 tags per tags will commence
Garbage Limit per year, to use over year, to use over the in 2013 with 156 tags
the year. Annually year. Annually these per year. Annually
these will be these will be
reviewed and will be reviewed and reviewed and
ootentially reduced potentially reduced potentially reduced
• garbage bags • garbage bags Garbage: Acceptable • Bags only • garbage cans • garbage cans Containers • 40 pounds • 40 pounds • 40 pounds maximum weight maximum weight maximum weight
Exceotions No No No
Bulky items permitted No No No at curbside
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RFP 12-01, Curbside Waste M anagement Collection Services
Leaf & Yard Materlals
There is no limit to the amount of leaf & yard materials that can be set out. Individual
containers must weigh less than 22 kilograms (44 pounds) to be collected.
T, bl a e4: ea a L f&Y,rdA ccep a e on amers t bl C t .
Container Options Bayham Central Elgin Malahide
Plastic bags No No No
Compostable 'plastic-No No No style' bags
Paper Bags Yes Yes Yes
Reusable Containers Yes Yes Yes (e.g. garbage cans)
When collecting, the Successful Proponent must ensure materials collection comply with the
Acceptable Containers noted in the table above. lf set outs do not comply, the Contractor will
be required to leave an information tag on the materials
8.2 Estimated Number of Tonnes to Collect
The quantities set out in this RFP are approximate only and are for the sole purpose of
indicating to Proponents the general magnitude of the work and shall be used for the
comparison of submissions upon which the award of the contract will be made.
The Municipalities expressly disclaims any liability whatsoever arising from reliance or non-
reliance on the data provided.
The estimated quantity of recyclables to collect in the first year of the Contract (June 2012 to
May 2013) is identified in the following Table. Please note that Malahide and Bayham will be
providing an increase level of service to its residents by adding items to the blue box program
that is not currently being provided. Tonnages noted below are estimated and may increase
over time with public education and the implementation of Garbage Bag Tags.
a e . s,mae onnes o e co ec e m 1rs vear o con C . T, bl 5 E f t d Ti t b II t d . fi t f tra t
Bayham Central Elgin Malahide Total
Part A: 450 820 270 1,500 Recycling
Part B: Garbage 1330 2,550 1 875 5755
Part B: Leaf & 35 60 35 130 Yard
Part C: Bulk Bin 75 200 75 350 Garbage
It is anticipated that the quantity of recyclable may increase due to the expansion of the
program to include new recyclables.
8.3 Adding/Replacing Materials to Collect
The Successful Proponent acknowledges the following:
a) That further changes to the list of recyclable items targeted for collection may be considered at
a future point in time by the Municipality;
b) That government regulations may change requiring the mix of Recyclable Materials to change;
and
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RFP 12-01, Curbside Waste Management Collection Services
c) That other significant changes to the Recycling Program not covered in the Contract may also
be entertained by the Municipality from time to time.
The Successful Proponent agrees that should the Municipality wish to add materials to the
Collection Programs, or make significant changes to the programs as noted above, they shall
negotiate with the Municipality to determine the terms, if any, under which the Successful
Proponent shall begin collection of these materials or implement the other significant changes.
It shall be the responsibility of the Municipality to advise its residents within the collection area
of any changes to the items that can be set out for recycling and the effective date of the
change. The Successful Proponent shall, upon the effective date of the change to the
materials being collected amend its collection practice to include the new materials.
Given the increase in service levels in Bayham and Malahide it is anticipated that the tonnage
of recycling will increase in 2013. It is anticipated that the tonnage per household will be
similar to Central Elgin in 2013. After 2013 if a change in the quantity of total Recyclable
Materials collected by more than 25% (increase or decrease), per stop, in two (2) consecutive
years, or at a reduced time frame if approved by the Director of Physical Services / Designate,
may form the basis of a re-negotiation of the existing Contract.
The Municipality has the right to amend the definition of "garbage", "rubbish", ''waste", "non-
collectables" and related items at any time during the term of this contract. A change in the
definition shall be evidenced in writing with at least thirty (30) days notice prior to the effective
date of such change by the Director of Physical Services/designate to the Successful
Proponent.
It shall be the responsibility of the Municipality to advise its residents within the collection area
of any changes to the items that can be set out for collection under this paragraph and the
effective date of the change. The Successful Proponent shall, upon the effective date of the
change in the definition of any type of collectibles under the terms of this agreement, amend its
collection practice to comply with new definitions.
Given the increase in service levels for recycling in Bayham and Malahide it is anticipated that
the tonnage of garbage will decrease in 2013. It is anticipated that the tonnage per household
will be similar to Central Elgin in 2013. After 2013 if a change in the quantity of total garbage
collected by more than 25% (increase or decrease), per stop, in two (2) consecutive years, or
at a reduced time frame if approved by the Director of Physical Services/ Designate, may form
the basis of a re-negotiation of the existing contract.
A change in the quantity of total leaf & yard material collection by more than 50% (increase or
decrease), in two (2) consecutive years, or at a reduced time frame if approved by the Director
of Physical Services / Designate, may form the basis of a re-negotiation of the existing
contract.
8.4 Waste Collection By-Law
Complete details on the collection rules for residential, and businesses are provided in the
Municipal Waste and Resource Materials Collections By-laws where applicable (see Appendix
J).
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RFP 12-01, Curbside Waste Management Collection Services
8.5 Collection Locations & Numbers
The total number of locations to be served through the Collection Services at the start of the
contract is estimated below. These numbers include residential stops, businesses, non-profit
organizations, municipal facilities and schools that may participate in the collection program.
T, bl 6 N b f C II f St a e um ero o ec10n ops
Bayham Central Elgin Malahide Total
Households -1219 3300 including Springfield: 318 5092
Urban Centres villages and Port Bruce: 255
hamlets
Households 1534 1987 2331 5852
Rural
Stops in Town Included in Included in Included in Included in
Centres Urban Centres Urban Centres Urban Centres Urban Centres
above above I above above
Other stops Included Above Included Above • 360 litre carts Included Above
{schools, (recycling) at
churches, gas Springfield
stations, etc) Community
Centre
Summer Months
only (Blue
Boxes):
• Pavilion, Port
Bruce
• Cenotaph
Park,
Sorinofield
Total Collection 2753 5513 2904 11170
Stoos
These numbers should be taken as a base or estimate of the number of stops to be served by
the Contractor. The Successful Proponent will be required to continually add stops as new
communities grow.
The unit price submitted by the Successful Proponent on the Form of Proposal will be used to
calculate the incremental cost to add and delete stops to this contract. The Successful
Proponent will be compensated for the additional stops on an annual basis.
8.6 Garbage Collection at Addresses of Bulk Bins
Collection of garbage in bulk bins is required at two multi-unit residential complexes in Central
Elgin. The Contractor will be required to collect 6 yard bins from two locations of approximately
70 residences total. In addition to these locations the municipality(s) also has a number of
Bulk Collection sites on properties that they own such as municipal operations centres, offices
and community centres.
8.7 General Operating Details for Collection
8.7.1 Part A: Curbside Recycling Program
At a minimum, the method of collection:
a) must be two (2) streamed by the contractor as required.
b) must be collected with a recycling collection vehicle.
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RFP 12-01, Curbside Waste Management Collection Services
c) must be fully capable of collecting recyclable materials set out in the containers identified in this
RFP
d) must collect all recyclable material stipulated in the signed contract.
e) must ensure that when collecting from rigid containers, collection crews:
• place properly sorted (i.e. two streamed) recyclable materials into the corresponding
compartment in the recycling collection vehicle,
■ separate improperly sorted (i.e. mixed streamed) recyclable materials into the
appropriate two streams and place them into the corresponding compartment in the
recycling collection vehicle,
■ return non-recyclable material back into the Blue Box with a courtesy sticker. return the
Blue Box(es) to approximately the same location in which they were found prior to
collection, in an upside down position. Blue Boxes will be left upright when they contain
non-collectable items that have been refused by the contractor.
f) must collect items at the curbside or roadside of a public roadway in approved recycling
containers
g) must adhere to the Municipality's Anti-Idling Policy (where applicable) (see Appendix K)
h) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and
residences and, or businesses
i) must ensure collected material is transported directly to the designated Material Recovery
Facility.
8.7.2 Part B: Garbage. Yard Materials and Fall Leaf Program
At a minimum, the method of collection:
a) must be collected with a packer collection vehicle
b) must be fully capable of collecting garbage and Leaf & Yard Materials and in the Acceptable
Containers identified in this RFP
c) must collect all material stipulated in the signed contract
d) must ensure that when collecting from garbage cans, collection crews:
■ place any garbage can(s) lid(s) beside the location where the garbage can(s) are found
• return the garbage can(s) to approximately the same location in which they were found
prior to collection, in an upside down position.
e) must collect items at the curbside or roadside of a public roadway in approved containers
f) must adhere to the Municipality's Anti Idling Policy (see Appendix K)
g) cause the least possible disruption and inconvenience to vehicular traffic, pedestrian traffic and
residences and, or businesses
h) must ensure collected material is transported directly to the designated disposal site.
8.8 Information Line
The Municipality will operate a complaint and information line during regular business hours.
Through discussion with the callers, the Municipality will determine whether missed materials
will be picked up or not, and inform the caller. Some calls may require further investigation by
the Contractor. For example, in cases where the materials were not placed in the appropriate
location by the prescribed collection start time, the caller will be instructed to store their
materials until the next collection day .. Calls that require action by the Successful Proponent
(e.g. incomplete routes, or not adhering to the route or schedule) will be forwarded directly to
the route supervisor for immediate action.
Municipality staff will forward service requests prompted by calls to the Successful Proponent
electronically or by telephone.
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RFP 12-01, Curbside Waste Management Collection Services
8.9 Returning Containers after Emptying
All recycling containers (i.e. blue boxes) and/or garbage cans used to set out materials will be
replaced in approximately the same location in which they were found prior to collection, but in
no case shall they be replaced on the traveled portion of the road, driveway, parking lot or the
pedestrian portion of the sidewalk. Containers will be returned in an upside down position and,
at no point, be placed as to block a driveway to a residence or business.
Care shall be used not to damage the containers during collection and the Successful
Proponent shall be responsible for all damage to blue boxes as a result of the work and will
replace the damaged container with a new one of equal size and quality and deliver it, at their
expense, to the address where the damage occurred.
If a resident or business owner indicates that a Blue Box is damaged and they wish to have it
removed, it will be collected by the Successful Proponent at the same time as the recyclables.
8.1 O Successful Proponent Not to Collect
The Successful Proponent is not required to collect;
Part A (Recycling)
• not set out in accordance with the Waste Collection By-Law(s) (see Appendix J)
• presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp
problems)
Part B (Garbage, Leaf & Yard Materials)
• not set out in accordance with the Waste Collection By-Law (s)(see Appendix J)
• presents a health risk to the collector (e.g. broken glass, hazardous material, bee/wasp
problems)
• bags that are estimated to contain more than minimal amount of non-collectable
materials
The Municipality will provide the Successful Proponent with courtesy stickers which will advise
program participants of the reasons that the material set out has not been collected. Under no
circumstance will the Successful Proponent provide written information to program participants
that has not been approved and supplied by the Municipality.
8.11 Reporting of Non-Collectable Incidents & Use of Courtesy Stickers
Level 1 -Routine
The Successful Proponent shall not be required to record addresses for the routine use of
courtesy stickers. Routine use includes but is not limited to:
i) non-compliant material left behind
ii) oversized container
iii) overweight container
iv) material not properly streamed, where streaming is required (recycling only)
v) Garbage not properly tagged with current years tags (if applicable).
vi) cardboard boxes not broken down or oversized cardboard {recycling only)
Level 2 -Non-Routine
The Successful Proponent will report non-routine use of courtesy stickers. Reports will be
submitted electronically to the Director of Physical Services / Designate and will include
addresses and the nature of the problem. The reports will be submitted on a daily basis and
will include information about:
i) set-outs containing an estimated 50% or more non compliant material (recycling only)
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RFP 12-01, Curbside Waste Management Collection Services
ii) instances when the collector wishes to issue a courtesy sticker and there is no rigid
container or material on which to affix it (i.e. the participant has used only bags which
are collected as they contain less than 50% non recyclable material) (recycling only)
Level 3 -Hazardous Set-Outs
When a set-out presents a potential health risk to the collector or residents the Successful
Proponent will notify the Municipality immediately (i.e. within one (1) hour) of the address and
nature of the problem.
8.12 Missed Collection Stops by the Contractor and Late Set Outs by Residents
If the Successful Proponent misses one or more collection stops or part of a collection route or
is asked to return for a late set-out, he or she will make every reasonable effort to collect the
missed set out or late set out on the same collection day. If this is not possible, the missed or
late set out will be collected on the following working day before 9 a.m. Liquidated Damages
(Section 8.21) may apply for missed collections. What is "reasonablell or "possiblen will be
determined by the Director of Physical Services/ Designate.
8.13 Spillage and Litter
The Successful Proponent is required to clean-up spillage and loose materials resulting from
the work. The Proponent will not leave or deposit any material on any portion of the street,
sidewalk, boulevard, or other private or public property.
8.14 Mechanical or Oil Spills
The Successful Proponent will report, promptly to the Municipality, spills or discharges of
pollutants or contaminants under the control of the Contractor. Such spills or discharges and
their adverse affects are defined in the Environmental Protection Act, R.S.O. 1990 (EPA), as
amended and all regulations thereto. The Successful Proponent shall comply with the
requirements of the EPA including all notice requirements including notifying the Spills Action
Centre of the Ministry of the Environment (1-800-268-6060).
In addition to the above requirements, any collection vehicles being operated will cease
operation until the Contractor's Supervisor arrives on site. Absorbent will be laid down
immediately. As soon as the absorbent has had the desired effect, it is to be scraped from the
road or affected property. If residue still remains the Successful Proponent will apply another
layer of absorbent and repeat the process until the site is in a clean and tidy condition. Failure
to respond immediately to this kind of spill may result in damage to asphalt or other damage for
which the Successful Proponent will be responsible.
If necessary, at the Municipality's discretion, a power wash and, or blacktopping will be utilized
at the contractor's expense.
8.15 Labour Dispute Contingency and Emergency Plans
The Successful Proponent agrees to provide a written Contingency Plan as to how it intends to
perform its obligations under the contract in the event of a labour dispute, strike, slowdown or
work stoppage involving employees of the Successful Proponent who are providing the
services set out in the contract or employees of a permitted subcontractor.
The Successful Proponent also agrees to provide an emergency plan. The plan will detail
those actions which the contractor will take to deal with emergency situations such as ice
storms, extreme snow storms, floods, fire or other natural disasters that would require deviation
from normal operating procedures.
The Successful Proponent agrees to provide a copy of both the contingency and emergency
plan as part of their proposal submission at the time of closing. The Successful Proponent
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RFP 12-01, Curbside Waste Management Collection Services
agrees that these plans shall be amended as requested from time to time by the Director of
Physical Services / Designate. Further, the Successful Proponent agrees to immediately
provide the Director of Physical Services/ Designate copies of the amendments to the plans,
as such amendments are made.
8.16 Processing & Disposal Locations
8.16.1 Location of Material Recovery Facility
All recyclables shall be delivered by the Successful Proponent to the Municipality's Material
Recovery Facility located at 3290 Manning Drive, London, 5 kilometres south of the 401
highway. As noted in Section 3.1, Bayham is receptive to utilization of a MRF other than the
London MRF. The proponent shall clearly identify in their proposal the location of the MRF
being proposed for Bayham
8.16.2 Location of Landfill Sites
All garbage shall be delivered by the Successful Proponent to Green Lane Landfill, 38590
Third Line, Southwold Township. As noted in Section 3.2, Bayham is receptive to utilization of
a Landfill other than Green Lane if it is cost beneficial. The proponent shall clearly identify in
their proposal the location of the MRF being proposed for Bayham.
The Successful Proponent shall not bear any charge for tipping waste related to this contract at
the aforementioned sites.
8.16.3 Location of Composting Site for Leaf & Yard Materials
All curbside leaf & yard materials shall be delivered by the Successful Proponent to the
following processing facilities:
Bayham leaf & yard materials will be delivered to a licensed facility at the proponent's
discretion and approved by the Director of Physical Services:
Central Elgin leaf & yard materials will be delivered to: White Station Operations Centre, 42343
Fruit Ridge Line, Central Elgin
Malahide leaf & yard materials will be delivered to a licensed facility at the proponent's
discretion and approved by the Director of Physical Services:
The Successful Proponent shall not bear any charge for tipping leaf & yard materials related to
this contract at the aforementioned sites.
8.17 Weighing of Recyclable Material
Unless permission is obtained from the Director of Physical Services / Designate, all collected
materials must be weighed separately for each route in each zone.
All collection vehicles carrying materials collected under the terms of this contract must cross
the weigh scales and be weighed. The vehicle must clearly display the identification number
supplied to the Municipality so that it can be easily recorded by the scale house operator. The
driver of the collection vehicle must provide the collection zone and route number to the scale
house attendant.
The Successful Proponent agrees to follow the procedure for off-loading materials at their
designated site (Material Recovery Facility, Landfill or Composting Facility) as outlined in
Appendix H. In the event that the proponent delivers material to a site other than that
designated in this proposal (i.e. In the case of Bayham), it is the responsibility of the contractor
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RFP 12-01, Curbside Waste Management Collection Services
to follow the procedures of that site. The municipality will not assume any responsibility or
liability as a result of the contractor not following the specific procedures of the receiving
facility.
8.18 Recycling Residue Management
The collection crews will make every reasonable effort to ensure that the collections are
consistent with the specifications outlined in the Contract.
The allowable contamination rate for two-stream recycling collection is less than 3%. This
means 97% or more of the materials, by weight, in the fibre compartment of the truck must be
recyclable fibre materials, and 97% or more of the materials, by weight, in the container
compartment of the truck must be recyclable container materials. If the residue rate is 3% or
greater, the Municipality will be entitled to Liquidated Damages, Section 8.21, as described
under Special Provisions in Section 8.20 Special Provisions.
8.19 Audits and Inspections
At any time during each month of the contract, the Director of Physical Services/ Designate
may:
,11 Conduct periodic waste audits of the material being collected to determine the amount
of non-compliant material being set out at the curbside.
• Survey any of the contractor's collection vehicles during collection to ensure the
contractor's collection vehicles and the method of collection are in compliance with the
requirements of the contract and any other legislation.
• Conduct audits on the incoming loads from recycling collection vehicles to ensure that
residual levels are at an acceptable level. The audits shall be completed at the
discretion of the Director of Physical Services / Designate and the load(s) selected for
the audit(s) will be inspected by an auditor designated by the Director of Physical
Services / Designate to determine the actual contamination rate for the particular
calendar month. If the contamination rate is greater than the allowable rate specified in
the RFP, the Successful Proponent will pay for the cost of the audit.
8.20 Special Provisions
The Successful Proponent acknowledges that the Municipality will experience increased
administrative and operational costs in the event of the Successful Proponent's non-
performance or poor performance of its contractual obligations. Accordingly, the parties agree
that in view of the difficulty of ascertaining the actual losses which the Municipality will suffer by
reason of the non-performance or poor performance of the Successful Proponent's contractual
obligations, and in view of the fact that the accumulated effect of repeated incidents of non-
performance or poor performance will increase costs to the Municipality, the parties hereby
agree upon and fix as the liquidated damages that the Municipality will suffer by reason of said
non-performance or poor performance, and not as a penalty, the amounts as set out in Sub-
section 8.21 of this RFP. The Municipality will assess liquidated damages for each instance of
non-performance of poor performance identified in Section 8.21.
The Municipality may deduct and retain the amounts of such liquidated damages out of the
monies that may be due or become due to the Successful Proponent under the Contract, i.e.
deduction from the monthly invoice. The Director of Physical Services / Designate at its sole
discretion may determine whether liquidated damages are to be applied. The Successful
Proponent agrees to abide by the schedule of Liquidated Damages.
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RFP 12-01, Curbside Waste Management Collection Services
The Successful Proponent shall pay the Municipality the indicated amount per incidence of
non-performance or poor performance on a monthly basis. Annually the number of incidences
shall be accumulated. At the end of each fiscal year the number of accumulated incidences
will start at zero again. The liquidated damages payable under this section are in addition to
and without prejudice to any other remedy, action or other alternative that may be available to
the Municipality. Without limiting the generality of the foregoing, the assessing of liquidated
damages shall not prevent the Municipality from recovering from the Successful Proponent the
amount of any damages incurred by the Municipality over and above the amount of the
liquidated damages assessed (e.g. additional costs incurred by the Municipality from measures
taken to ensure that the work is completed).
8.21 Schedule of Liquidated Damages
RFP
The municipality accepts and acknowledges that with any new contract start up there will be
areas/collections missed. Due to this it is not the intent of the Municipality to charge liquidated
damages during the first three (3) months of the contract for missed collections. After the three
(3) month start-up period, the municipality reserves the right to impose liquidated damages as
outlined in Table 7 for problematic levels of service provided by the contractor.
In addition to the start up period there will be times (seasonal) when quantities may be
excessive or weather conditions are problematic which may cause delay or missed collections.
In this instance, and at the discretion of the Director of Physical Services, the municipality may
not impose liquidated damages. It will be expected that in the event of missed collections the
contractor will re-attend the properties missed and collect the material without delay and
request for additional payment.
T, bl 7 L. "d t d D a e -1qw a e amaaes
Reference Incident Liquidated Damages
4.6 Failure to perform collections within $100 / day, per route specified hours of work
Failure to complete day's work (i.e. work $500/ $1,000 I route on the $1,500 I
4.6 &8.16 carried over to the following day and/or 15 2nd consecutive route on the 3rd consecutive
or more residential units missed). route collection day collection day
5.9 & 8.15 Failure to meet the Record Keeping & $500 / incident Reporting requirements.
6.5 Failure to comply with compaction ratio or $500 /truck weight limits.
Using vehicles dedicated to use under this
Contract Agreement to collect waste $500 / truck on $1,000 I truck on $1,500 I 6.8 material from a Private Account or making the 1st incident the 2nd incident truck on the 3rd incident collections at other locations not approved
bv the Municioalitv.
7.3& 7.4 Failure to meet the Customer Service $100/ incident Standards.
7.5 & 7.6 Failure to meet the Health & Safety $500 I truck on $1,000 I truck on $1,500/
Standards the 1st incident the 2nd incident truck on the 3rd incident
7.2 Failure to respond to complaints as
8.12 directed by the Director of Physical $100/ incident
8.13 Services I Designate (e.g. replace damaged
blue box).
Failure to return for Missed Collection as
8.16 directed by the Director of Physical $100/ incident Services / Designate for less than15
residential units missed per day.
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RFP 12-01, Curbside Waste Management Collection Services
RFP Incident Liquidated Damages Reference
8.11 Failure to meet the General Operating $100/ incident Details for Collection.
Failure to follow Off Loading Procedures
AppendlxH at the Material Recover Facility, Landfill or $100/ incident
Composting Facility.
8.22 Failure to meet the Residue Management $500 per load requirements.
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RFP 12-01, Curbside Waste Management Collection Services
9.0
9.1
EVALUATION CRITERIA
Methodology
The evaluation of Proposals will be conducted by an Evaluation Committee consisting of
representatives of the Municipality, in accordance the Municipality's Procurement of Goods and
Services Policy and the procedures described in this RFP.
The Municipality may be assisted by, and may consult with, various technical, financial and
legal advisors in relation to any or all aspects of this RFP. The appointment of, and
consultation by the Municipality with, any one or more of these advisors or consultants will be
at the Municipality's sole and absolute discretion. The Municipality may use any such advisors
and consultants in any way it, in its discretion, considers useful. All decisions on whether a
submission to the RFP meets (or to what degree it meets) the stated requirements are
decisions within the consensus of the Evaluation Committee.
Proponents are advised that any and all determinations and decisions made on behalf of
the Municipality relating to this RFP and any submissions by Proponents, including
without limitation, whether the submissions meet the Mandatory Requirements and the
extent to which scoring and points are awarded, are within the Municipality 's sole and
absolute discretion and are final and binding without appeal whatsoever.
The Municipality reserves the right to request clarification information from Proponents on the
content of their proposal at any time(s) after the RFP submission due date, including during the
evaluation stage. The Municipality reserves the right at its sole discretion, to hold clarification
meetings with some or all of the Proponents, including during the evaluation stage. All
correspondence related to clarifications must be in writing. The Municipality is under no
obligation to request that a Proponent provide missing or deficient information.
Proposal evaluation and selection of a preferred Proponent by the Municipality will follow a 5 -
step process:
• Step 1 -Opening of the Technical Proposals and the screening for Specified
Mandatory Requirements.
• Step 2 -For submissions meeting the Specified Mandatory Requirements, detailed
Evaluation and Scoring of the Technical Proposals.
• Step 3 -For submissions scoring 80% or higher on their Technical Proposal, opening
of the Sealed Financial Proposals.
• Step 4 -For Proposals reaching Step 3, determination of a combined technical and
financial score out of 100. The combined technical and financial score out of 100 will
be a weighted score based on a weighting of 45% for the Technical Proposal and 55%
for the Financial Proposal.
• Step 5 -The best score from Part A, Part B, Part C and Part D will be evaluated and
compared to the best scores from Part E to determine the preferred Proponent(s).
Additional details on each of the above four steps are provided below.
9.1.1 Step 1 -Screening of Proposals for Specified Mandatory Requirements
a) The purpose of this step is to screen out submissions that do not meet the Specified Mandatory
Requirements (i.e. procedural and financial requirements). Proposals not clearly meeting the
Specified Mandatory Requirements will be deemed non-responsive and will be given no further
consideration.
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RFP 12-01, Curbside Waste Management Collection Services
b) The Specified Mandatory Requirements are both procedural and financial.
The mandatory procedural requirements include:
i. A sealed Technical and a separately sealed Financial Proposal submitted on the
supplied Forms in the Financial Proposal.
Please Note: The Technical Proposal must not contain any price information. If more
than one corporate entity is involved in the Proposal; the arrangements between the
various entities must be clearly explained.
ii. A copy of the Proponent's CVOR Abstract.
Please Note: The Proponent must ensure that their CVOR permit is in good standing
both at the time of submission and at all times during the Contract if selected as the
Successful Proponent. Proponents with a CVOR record in excess of 70% of the
Provincial threshold or who have had an Overall Safety Rating below satisfactory
(audited or unaudited) will not be awarded the Work outlined in the RFP. A copy of the
CVOR Abstract shall be provided in the Technical Submission
iii. A copy of the Proponent's Certificate of Approval of a Waste Management System.
Please Note: A Certificate of Approval of a Waste Management System is required for
waste hauling. A copy of an Certificates of Approval or Licensing shall be provided in
the Technical Submission
The mandatory financial requirements include:
i. The Bid Deposit, as specified in Section 13.6.
ii. Letter of Agreement to Bond/Letter of Guarantee, as specified in Section 13.7
9.1.2 Step 2-Detailed Evaluation and Scoring of Technical Proposals
a) Only Proposals that have met all of the Specified Mandatory Requirements of Step 1 of the
evaluation process will proceed to Step 2.
b) Proposals will first be evaluated on technical merit without reference to cost or exceptions.
Technical evaluations will be based on the criteria listed below. Technical Proposals will be
scored out of 100% in accordance with the following criteria and weights:
• Criterion 1. Project Team Experience and Capability: 30%
• Criterion 2. Operational Details: 60%
• Criterion 3. Proposal Quality: 10%
Proponents must achieve a minimum score of 75% in both Criterion 1 and 2 in addition to an
overall combined score of 80% or greater for criterion 1, 2 & 3.
c) Step 2 may include written requests for clarification from selected Proponents to obtain
comparable information required for decision-making. Step 2 may also include a request for a
clarification presentation from one or more Proponents and such a request does not oblige the
Municipality to request a presentation from all Proponents. Requested references in the RFP
will be used to validate information provided by the Proponent.
d) Each criterion will receive a consensus score (see Section 9.2 for a complete listing of the
items being evaluated).
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RFP 12-01, Curbside Waste Management Collection Services
9.1.3
9.1.4
a)
9.1.5
Only those Technical Proposals that achieve an overall technical score of 80% or greater will
have their Sealed Financial Proposal envelopes opened. The Sealed Financial Proposal
envelopes for those Proponents not receiving a minimum technical score of 80% will not be
opened and will be retained by the Municipality.
Step 3 -Opening of Financial Proposals
At this step of the evaluation process, the Sealed Financial Proposals will be opened for only
those Technical Proposals that achieved the required minimum technical score of 80% in Step
2.
Step 4-Determination of Combined Technical and Financial Scores
For those Proposals that reached Step 3, the technical score will be combined with the
financial score to determine a combined technical and financial score out of 100. The
combined technical and financial score out of 100 will be a weighted score based on a
weighting of 45% for the Technical Proposal and 55% for the Financial Proposal. The
Proponent with the highest combined score would be recommended as the preferred
Proponent.
Step 5 -Comparison of Combined Technical and Financial Scores
The best score from Part A and Part B will be combined using a weighted average (two-thirds
for Part A and one-third for Part B) and compared to the best score from Part C to determine
the preferred Proponent(s).
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals
CRITERIA DESCRIPTION
A. EXPERIENCE
The evaluation will consider the Proponent's general waste
management experience over the past 10 years including the following:
• The experience to undertake the collection service(s) as specified in
the RFP document
• Value of past and current contracts
• Size of past and current contracts (number of units served, weekly
tonnages)
• Operational year and duration of contracts (including any
extensions)
B. REFERENCES
The evaluation shall consider reference information received by the
Municipality , based on the Proponent's past and current waste
management activities over the past 1 O years, as well the Proponent's
prior record as a contractor to the Municipality (if applicable).
C. STAFF REQUIREMENTS
The evaluation shall consider the Proponent's management capability
to perform the services required. The evaluation shall consider the
experience of the following key management employees:
• Senior executive staff
• Contract Manager/Supervisor
• Designated fleet manager(s) & Route Supervisor(s)
• Staff requirements for the contract administration & collection
operations
D. SIZE
The evaluation will consider the size of the Proponent's company or
organization including the following:
• Waste Management facilities in Ontario and Canada
• Size of current collection fleet in Ontario and Canada
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
2.0 OPERATIONAL DETAILS
2.1 VEHICLES
A. TYPE OF VEHICLE(S) AND EQUIPMENT
The Proponent shall provide information on the type of vehicle(s) and
equipment to be utilized for the work specified in the RFP. Criteria to
evaluate vehicle(s) and equipment include the following:
• Make and model of vehicles and the services to be provided by
the Collection Vehicles
B. QUANTITY AND SIZE
The Proponent shall provide information on the quantity and size of
the Collection Vehicles to be utilized for the Work described in the
RFP. Criteria to evaluate the vehicles includes the following:
• Number of collection vehicles and equipment to carry out the
Work as defined in the RFP
• Sufficient information provided on spare vehicles and equipment
to carry out the work as defined in the RFP collection program,
including adequate numbers, types and colour to carry out the
work as defined in the RFP
• Capacity of Collection Vehicles
• Compartment capacity of Recycling Collection Vehicles (if
applicable
C. AGE
• Age of the vehicles to be used during the Contract
D. FUEL AND ENVIRONMENTAL ISSUES
Incorporation of environmental considerations in the Proponent's
Proposal such as:
• Alternative Fuels
• Green fleet initiatives
E. ONE CONTRACTOR FOR ALL PARTS (A,B,C,D)
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
2.0 OPERATIONAL DETAILS CONTINUED
2.2 WORKPLAN
A. The Proponent shall provide information on the proposed Work Plan
to be used for the services outlined in the RFP. Criteria to evaluate
the Work Plan include the how service will be provided, estimated
number of stops per route, etc.
B. Organizational structure and staffing plan including number of staff
C. FLEXIBILITY OF WORK PLAN
• Flexibility to accommodate changes in legislation that potentially
could change service delivery
• Flexibility to respond to fluctuations in recycling streams, in both
quantity and type.
D. VEHICLE MAINTENANCE PLAN
• Information on Commercial Vehicle Operator's Registration (CVOR)
E. CONTINGENCY PLANS THAT ADDRESS:
• Bad weather resulting in inability to complete day's route .
• Collection vehicle failure resulting in inability to complete the day's
route.
• Labour Dispute by the Proponent's employees or the employees
of the sub contractor.
• Increased material quantities in early January due to Christmas
holidays and longer period between collections due to the different
day collection cycle.
2.3 PROPONENTS FACILITIES
A. The Proponent shall provide information on Facilities to be utilized for
the Work specified in the RFP. The evaluation will consider the
sustainability of the proposed Facilities, travel/response time for
vehicle maintenance and contingency plans to address collection
delays/response times if the Facilities are not located in London. The
evaluation will also consider if the Facilities satisfactorily meets the
locations and size requires for the office(s) and yard for offices and
yard for storage of the fleet
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RFP 12-01, Curbside Waste Management Collection Services
9.2 Evaluation & Scoring of Technical Proposals ... cont'd
3.0 PROPOSAL QUALITY
A. CLARITY
The Proposal clearly identifies the scope of work offered and clearly
describes how the Proponent proposes to satisfy the requirements set
out in the RFP. All information is complete and presented in a clear,
concise, and well-organized manner. The Proponent has provided a
clear table of contents for proposal submissions and/or forms for
completion particularly for significant elements.
B. UNDERSTANDING THE MUNICIPALITY'S REQUIREMENTS
The Proposal demonstrates an understanding of specific goals and
objectives as described in the RFP. The Proponent demonstrates a
clear commitment in terms of assigning resources to fully support the
Projects described in the RFP.
TOTAL PROPOSAL QUALITY SCORE
--· -----
---=
1.0 PROJECT TEAM EXPERIENCE & CAPABILITY
2.0 OPERATIONAL DETAILS SCORE
3.0 PROPOSAL QUALITY
OVERALL TOTAL
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RFP 12-01, Curbside Waste Management Collection Services
10.0 RFP SCHEDULE
The following is a tentative schedule to assist Proponents:
EVENT DATE
Mandatory Proponent Information meeting Monday February 13th, 2012 at 10 am, Central Elgin
Office 450 Sunset Dr.
Deadline to receive Enquiries Monday February 20, 2012 at 4 pm
Proposal Close Tuesday February 28, 2012 at 2 pm
Evaluation of Proposals Submissions Week of February 28, 2012
Presentation and Interviews, if r~guired March 6th, 2012, , South Dorchester Community Hall,
Lyons.
Award of Proposal by Municipal Councils Week of March 1stti, 2012
Contract start June 1, 2012
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RFP 12-01, Curbside Waste Management Collection Services
11.0 SUBMISSION INSTRUCTIONS
11.1 Closing Date and Time
Proponents are required to submit one (1) signed original and four (4) copies of the Request for
Proposal in a sealed envelope clearly identified as Request for Proposal 12-01 Curbside
Waste Management Collection Services to:
Lloyd J. Perrin, Director of Physical Services
c/o The Municipality of Central Elgin
450 Sunset Drive, 1st Floor
ST. THOMAS, ON
NSR 5V1
or hand delivered (in person or by courier) to:
Lloyd J. Perrin, Director of Physical Services
c/o The Municipality of Central Elgin
450 Sunset Drive, 1st Floor
ST. THOMAS, ON
N5R 5V1
Respondents are solely responsible for ensuring bids are received by the Municipality of
Central Elgin prior to 2:00 pm, Tuesday February 28th, 2012 Failure to submit a signed
original of the Form of Proposal will result in your proposal being rejected
11.2 Late Submissions
Proposals received later than the specified closing time will be returned, unopened, to the
proponent.
11.3 Period of Acceptance
The Proposal submission is to remain firm for acceptance for a period of one hundred-eighty
(180) days froni the date of closing.
11.4 Inquiries
a) Inquiries regarding this RFP are to be directed by email to:
Lloyd J. Perrin, Director of Physical Services,
Municipality of Central Elgin
/perrin@centralelgin. orq
Inquiries must not be directed to other staff or elected officials of the Municipalities. Directing
inquiries to other than the person noted above will result in your submission being rejected.
b) All inquiries are to be sent in writing to the individual mentioned above. No clarification
requests will be accepted by telephone. Responses to clarification requests will be provided to
all Proponents in writing in the form of Addenda which will circulated to proponents by email
only.
b) The Municipality assumes no responsibility for any verbal (spoken) information from any
Municipality staff or from any Consultant firms retained by the Municipality, or from any other
person or persons who may have an interest in this Proposal. Amendments or changes to this
Proposal prior to the closing date and time stated herein will only be in the form of written
addenda and said addenda will be issued by the Purchasing & Supply Team of the
41
RFP 12-01, Curbside Waste Management Collection Services
Municipality. Any Addendum will be sent to each proponent by email. It is the Proponent's sole
responsibility to ensure that it has reviewed and informed itself of any posted Addendum.
FAILURE TO ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE FORM OF
PROPOSAL WILL RESULT IN YOUR BID BEING REJECTED
d) Each Proponent must review all proposal documents and promptly report and request
clarification of any discrepancy, deficiency, ambiguity, error, inconsistency, or omission
contained therein. Any such request must be submitted to the Municipality in writing, by email,
prior to 4 p.m. February 20th, 2012
e) Where a request results in a change or a clarification to the proposal, an Addendum will be
prepared and issued. No Addendum will be issued within the forty-eight (48) hours prior to
closing -not including Saturdays, Sundays and Statutory Holidays observed by the Municipality
11.5 Rights Reserved by the Municipality
a) The Municipality is not liable for any costs incurred by the Proponent in the preparation of their
response to the RFP or selection interviews, if required. Furthennore, the Municipality shall not
be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or
suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-
acceptance by the Municipality of any proposal, or by reason of any delay in the award of
the proposal.
b) The lowest proposal wlll not necessarily be accepted. The Municipality reserves the right to
accept/reject any or all proposals and/or reissue the RFP in its original or revised form.
c) The Municipality reserves the right to request specific requirements not adequately covered in
their initial submission and clarify information contained in the RFP.
d) The Municipality reserves the right to modify any and all requirements stated in the RFP at any
time prior to the possible awarding of a contract.
e) The Municipality reserves the right to cancel this RFP at any time, without penalty or cost to the
Municipality. This RFP should not be considered a commitment by the Municipality to enter into
any contract.
f) In the event of any disagreement between the Municipality and respondent regarding the
interpretation of the provisions of the RFP, the Manager of Purchasing and Supply or an
individual acting in that capacity, shall make the final determination as to interpretation.
11.6 Treatment of Information
a) The information submitted in response to this RFP will be treated in accordance with the
relevant provisions of the Municipal Freedom of Information and Protection of Privacy Act.
The information collected will be used solely for the purposes stated in this request.
b) The Proponent does, by the submission of a proposal, accept that the information contained in
it will be treated in accordance with the process set out in this section of the RFP.
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RFP 12-01, Curbside Waste Management Collection Services
12.0 TECHNICAL SUBMISSIONS REQUIREMENTS
12.1 General
a) The Municipality is requesting proposals from firms who are both interested and capable of
undertaking the project.
b) The onus is on the Proponent to show their knowledge, understanding and capacity to conduct
the work outlined in the RFP.
c) The responses will be assessed according to how well they assure the Municipality's success
in relation to the submission requirements. The detail and clarity of the written submission will
be considered indicative of the Proponents expertise and competence.
d) All information provided in response to this RFP must contain sufficient detail to support the
services being proposed. Incomplete submissions will not be considered.
e) All prices must be stated in Canadian funds. Prices must also be inclusive of customs, duty
and freight.
12.2 Specific Requirements
Your proposal submission must include the following information (detailed in Section 12.2.1
through 12.2.7 below) for each part of Work being proposed. If the information differs between
Parts the exceptions or additional information must be so noted.
1. Experience & References
2. Staff Requirements
3. Subcontractors
4. Proponent's Company Size
5. Vehicle Information
6. Work Plan
7. Proponent Facilities
12.2.1 Experience & References
The Proponent is to describe their general waste management experience in Ontario over the
last ten (10) years that has prepared them to undertake waste management collection
particularly recycling, garbage, yard material, and fall leaf collection services as specified in the
RFP document (no more than one (1) page).
The following information is to be included for past and current waste management collection
service contracts over the last ten (10) years. Please only include information for contracts.
For non-applicable items, indicate NIA The Municipality shall not be included in the list of
previous or current contracts.
• Client Name, Address, Contact Name and Phone Number
• Services Provided including frequency i.e. weekly, bi-weekly
• Number of units serviced and weekly tonnage collected
• Service Responsibilities
• Collection Methods i.e. manual, automated, semi-automated
• Operational year(s) and duration of the contract, including contract extensions
• Vehicle Information, i.e. number, type
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RFP 12-01, Curbside Waste Management Collection Services
• Number of Employees
• Approximate annual value of the contract
• Involvement of Subcontractors, if applicable
• Additional information, i.e. management of other contracts of similar size and scope, be
sure to include dates of service and customer contact info
The Municipality reserves the right, in its absolute sole discretion, to contact one or more of the
named contact persons to receive reference information for evaluation purposes. The
Municipality may also contact other representatives of the same company or organization for
whom the work was performed by the Proponent. The Municipality may contact
representatives in municipalities that are not listed as references where the Proponent has held
contracts. Where applicable, the Municipality will also consider the prior record of the
Proponent as a contractor to the Municipality when evaluating reference information.
12.2.2 Staff Requirements
The proponent is to include information on their management capabilities to perform the Work
as specified in the RFP. The evaluation shall consider the experience of key management
employees and the staffing requirements for the Contract. The following information must be
included:
• Senior Executive Staff
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Contract Manager/Supervisor
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Designated Fleet Manager(s) & Route Supervisor(s}
o Name(s)
o Experience/Professional Qualifications/Designations
o Responsibilities
• Contract Administrative Staff
o Number of staff
o Responsibilities
• Collection Service Staff
o Total number of staff, number of full-time employees, number of temporary
employees, number of Collection Vehicle operators (drivers), number of
collection staff (throwers)
12.2.3 Subcontractors
Proponents are to provide a listing of all subcontractors, their address and telephone number
and the scope of work they will be performing for the Contract.
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RFP 12-01, Curbside Waste Management Collection Services
12.2.4 Proponent's Company Size
The submission must provide a description of the Proponent's company or organization which
is to include the following information:
• current waste management facilities in Canada;
• current waste management facilities in Ontario;
• current waste collection fleet size in Canada;
• current waste collection fleet size in Ontario, and
• any additional information that may be relevant.
12.2.5 Vehicle Information
The following information is required in regards to the quantity and size of vehicles to be used
in performing the Work specified in the RFP. If the fleet differs between the Parts of Work (A
through E) the differences need to be clearly identified (i.e. Part A, Option 1, etc.).
• Collection Vehicles:
o Make(s)
o Model(s)
o Type
• Total number of Collection Vehicles:
o Total number of used Collection Vehicles in the proposed fleet (excluding
spares). Please include the age of these Collection vehicles as the start of the
contract.
o Total number of spare Collection Vehicles to be available to carry out the work.
Please also indicate the age of each spare vehicle as the start of the contract.
o Number of other vehicles to be used to carry out the work (i.e. pick-up truck(s)
for Route Supervisor)
• List and describe any other equipment to be used to carry out the work
• If applicable, capacity of fibre and container compartments of the Recycling Collection
Vehicles (tonnes, volume)
• Overall maximum capacity of Collection Vehicles for each service (tonnes, volume)
• Approximate material density (taking into account compaction if compacting vehicles
are used)
• Describe the green fleet initiatives (if any) to be undertaken in carrying out the Work
• If Alternative Fuels are to be used in carrying out the Work please indicate which fuel
will be used
• Additional information
12.2.6 Work Plan
A detailed Work Plan must be included for all Parts of Work identified in the RFP. The Work
Plan should include but is not limited to the following information:
• Description of the implementation schedule, including but not limited to, Collection
Vehicle purchase timeframe, staff hiring, etc.
• Description of how service will be provided, estimated number of routes, estimated
number of trucks per routes, estimated number of trucks for each zone and estimated
number of stops.
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RFP 12-01, Curbside Waste Management Collection Services
• Staffing plan including the number of staff, their roles and responsibilities and reporting
relationships.
• Description of the Vehicle Maintenance Plan including but not limited to all items listed
on the CVOR reports (i.e. vehicle service requirements, frequency of service, etc.)
• Flexibility of Work Plan. Outline how your company will accommodate a variation in
quantity and, or type of material collected or changes in legislation affecting collection,
etc. Historically the Municipality sees increased quantities around the holidays due to
longer periods between collections due to the different day collection cycle (i.e. early
January due to Christmas}
• Contingency Plan. Outline method(s) to deal with situations including:
o Labour disputes, etc., and emergency (ice storms, natural disasters)
o Bad weather resulting in poor driving conditions and subsequent inability to
complete day's route
o Collection vehicle failure resulting in inability to complete the day's route
12.2. 7 Proponent Facilities
Proponents are to describe the facilities to be utilized for the work specified. Information such
as location and size should be included for the office, yard (for fleet storage), vehicle
maintenance and any other facilities to be used for the contract. Additionally, specify if the
facility is owned or leased.
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RFP 12-01, Curbside Waste Management Collection Services
13.0 REQUIREMENTS AT TIME OF CLOSING
Proponents are required to submit the following data with their proposal. FAILURE TO DO SO
SHALL RESULT IN THE PROPOSAL BEING REJECTED.
1. Form of Proposal
2. Technical Submission
3. Financial Proposal
4. Certificate of Approval
5. Commercial Vehicle Operators' Registration (CVOR)
6. Bid Deposit in the amount of 10% of the Year 1 total proposed price
7. Letter of Agreement to Bond/Letter of Guarantee
13.1 Form of Proposal
The Form of Proposal provided must be completed in ink, signed and returned in a sealed
envelope clearly marked with the name and address of the Responder, Title of File and File
Number.
13.2 Technical Submission
The Technical Submission (as detailed in Section 12) is to be provided in a separate sealed
envelope clearly identified as Technical Submission.
13.3 Financial Proposal
The Financial Proposal is to be submitted in a separate sealed envelope clearly identified as
Financial Proposal.
13.4 Certificate of Approval
Proponents are required to submit a copy of their provisional Certificate of Approval as
authorized and issued by the Ministry of the Environment.
13.5 CVOR
Proponents must submit a valid CVOR. The CVOR permit is to remain in good standing
throughout the duration of the contract.
13.6 Bid Deposit
a) Each proponent is required to submit in the financial envelope, an original bid deposit with
their proposal in the amount of 10% of the proposed annual price for Year 1 of the
contract, in the form of a Bid Bond, Irrevocable Letter of Credit, Certified Cheque, Bank Draft
or Canadian Currency. PHOTOCOPIES OR FAXED COPIES OF BID DEPOSITS WILL
RESULT IN THE BID BEING REJECTED.
b) Bid deposits, with the exception of the two (2) highest ranked proposals will be returned within
three (3) weeks, unless otherwise determined by the Manager of Purchasing and Supply or
Designate after the proposal opening. The two (2) remaining deposits will be returned after
award of the proposal by Municipal Councils. Where terms and conditions of a proposal
require the execution of an agreement, the two (2) remaining deposits will be returned upon
execution of the agreement.
c) lt is to be noted that proponents who elect to use cash or certified cheque as a bid deposit will
not be paid any interest by the Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
13.7 Letter of Agreement to Bond/Letter of Guarantee
a) An original Letter of Guarantee from a recognized Financial Institution or Letter of Agreement
from a bonding agency licensed to operate in the Province of Ontario must be included with the
bid confirming that if the proponent is successful, the necessary guarantee will be issued as
spelled out in Section 14.1.
b) Letters of Agreement submitted must bear an original signature of the issuer and the
proponent. PHOTOCOPIES OR FAXED COPIES OF LETTERS OF AGREEMENT/LETTERS
OF GUARANTEE WILL RESULT IN THE SUBMISSION BEING REJECTED
c) Proponents who have not submitted a bid or remitted the administrative fee will be removed
from future bidder's lists.
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RFP 12-01, Curbside Waste Management Collection Services
14.0 REQUIREMENTS AT TIME OF EXECUTION
Subject to an award of the proposal, the successful Proponent is required to submit the
following documentation in a form satisfactory to the Municipality for execution within ten (10)
working days after being notified to do so in writing:
1. Performance Security in the form of an Executed Bond
-Performance Bond in the amount of 25% of the successful Proponent's year one (1)
annual price,
OR
-Irrevocable Letter of Credit in the amount of 25% of the successful Proponent's year
one (1) annual price,
2. Insurance Documents
3. Clearance Certificate from the Workplace Safety and Insurance Board
4. Safety Policies and Procedures and Related Documentation
5. Executed Legal Agreement in a form satisfactory to the Municipality.
If the successful Proponent for any reason, defaults or fails in any matter or thing referred to
under "Requirements at Time of Execution", the Municipality shall be at liberty to retain the
money deposited by the successful Proponent for use by the Municipality as liquidated
damages. In the event of default, the Municipality reserves the right to accept any other bid,
advertise for new proposals or carry out the work in any way as the Municipality may, at its sole
discretion, deem best.
14.1 Executed Bond
a) The successful Proponent shall be required to submit to the Municipality a Performance Bond
guaranteeing the full and faithful performance of the work, in an amount of 25% of the
successful Proponent's price.
b) The bonds shall be those as issued by a bonding agency licensed to operate in the Province of
Ontario, and only on the Municipality standard Form of Bond.
OR
An Irrevocable Letter of Credit from a recognized Financial Institution in the amount of 25% of
the successful Proponent's price, in a form acceptable to the Municipality Treasurer.
d) The successful Proponent shall not commence work until such time as the requested
Bond/Letter of Credit has been approved by the Municipality Treasurer.
e) The Irrevocable Letter of Credit shall act as guarantee that the successful Proponent will
perform the work contemplated herein. If the successful Proponent expressly or by implication
repudiates the contract herein, the Municipality may terminate the contract immediately upon
written notice and immediately draw upon the Irrevocable Letter of Credit as liquidated
damages. Notwithstanding the above, the Municipality shall retain any other right which it may
have in law to claim for any and all damages which it may suffer as a result of the successful
Proponent's breach of the provisions set forth in the contract.
14.2 Insurance and Indemnification
The successful Proponent shall at its own expense obtain and maintain until the termination of
the contract, and provide the Municipality with evidence of:
a) Comprehensive general liability insurance on an occurrence basis for an amount not less than
five million ($5,000,000) dollars and shall include the Municipality as an additional insured with
respect to the successful bidders operations, acts and omissions relating to its obligations
under this Agreement, such policy to include non-owned automobile liability, personal injury,
broad form property damage, contractual liability, owners' and contractors' protective, products
and completed operations, contingent employers liability, cross liability and severability of
interest clauses.
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RFP 12-01, Curbside Waste Management Collection Services
b) Automobile liability insurance for an amount not less than five million ($5,000,000) dollars on
forms meeting statutory requirements covering all vehicles used in any manner in connection
with the performance of the terms of this Agreement.
c) Environmental Impairment liability insurance covering the work and services described in this
Agreement including coverage for loss or claims arising from contamination to third party
property or bodily injury during transit. Such policy shall provide coverage for an amount not
less than one million ($1,000,000.) dollars and shall remain in force for twelve (12) months
following completion of work.
The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies
the Municipality in writing at least thirty (30) days prior to the effective date of cancellation or
expiry. The Municipality reserves the right to request such higher limits of insurance or other
types of policies appropriate to the work as the Municipality may reasonable require.
d) The successful Proponent shall not commence work until satisfactory evidence of insurance
has been filed with and approved by the Risk Management Division of the Municipality. The
successful Proponent shall further provide that evidence of the continuance of said insurance is
filed at each policy renewal date of the duration of the contract.
e) The successful Proponent shall indemnify and hold the Municipality harmless from and against
any liability, loss, claims, demands, costs and expenses, including reasonable legal fees
occasioned wholly or in part by any acts or omissions either in negligence or nuisance whether
wilful or otherwise by the Proponent, its agents, officers, employees or other persons for whom
the Proponent is legally responsible .
14.3 Workplace Safety & Insurance Board
a) The successful bidder shall furnish a WSIB Clearance Certificate indicating their WSIB firm
number, account number and that their account is in good standing. This form must be
furnished prior to commencement of work, every sixty (60) days or upon receipt of a Clearance
Certificate from WSIB throughout the contract and must be submitted with final invoice before
payment is made. The successful bidder further agrees to maintain their WSIB account in
good standing throughout the contract period.
b) If the successful bidder is a self -employed individual, partner or executive officer who does
not pay WSIB premium and is recognized by WSIB as an 'independent operator' a letter from
WSIB acknowledging independent contractor status and confirming that WSIB cover is not
required must be provided to the Municipality prior to commencement of work.
14.4 Safety Policies and Procedures and Related Documentation
The successful Proponent shall submit one (1) copy of each of the following items:
a) Their written health and safety policy and program where required under Section 25 (2) 0) of
the Occupational Health and Safety Act. Where not required under 25(4), Proponents are
asked to provide procedures or a written description of safety practices applicable to the work
to be performed under the contract.
b) They may be required to provide additional documentation/ policies/ procedures as applicable
and as outlined in the contract requirements. These additional requirements, if any, will be
found in the contract document.
14.5 Contract Document
Executed a Contract Document in triplicate in a form satisfactory to the Municipality.
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RFP 12-01, Curbside Waste Management Collection Services
15.0 TERMS AND CONDITIONS
15.1 Contract Period
The term of the contract will be for a period of seven (7) years, commencing June 1, 2012 with
an option to renew for two (2), one (1) additional year periods, for a total contract period up to
nine (9) years.
15.2 Renewal
a) The Municipality, at its absolute sole discretion, has the option to renew the contract for a
further one (1) year period.
b) In determining whether to renew the contract, the Municipality will consider the following, but
not be limited to performance, price and value.
15.3 Taxes
Harmonized Sales Tax-Extra.
15.4 Inflation Adjustments
Price adjustments will be made for fuel and general inflation on a regular basis as outlined
below.
Increases or decreases for fuel will be made quarterly (January 1, April 1, July 1 and October
1 ). Price adjustments for fuel will be applied to 10% of the applicable unit rate using the
following formula:
Fuel Portion of
Unit Rate Payable
=
Unite Rate
0.1 X (from Form of
Proposal)
X
Average Diesel Fuel Price
for Preceding Quarter Fuel
Price for January 2012
Where the diesel fuel price will be equal to the Ministry of Energy's diesel fuel price for London
as found on http://www.mei.gov. on. ca/en/energy/oilandgas/?page=fuel-prices
For example.
• Unit Price for recycling collection was $40 per stop
• Diesel Fuel Price on January 2011 was $1.00 per litre
• Average Diesel Fuel Price from October to December 2011 was $1.10 per litre ($1.05
in October, $1.15 in November and $1.10 in December)
The fuel portion of the unit rate beginning January 1, 2012 would be $4.40 per stop (0.1 X 40 X
1.10/1.00).
The remaining 90% of unit rates will be adjusted for inflation annually on January 1 of each
year. Annual adjustments will be made to payments using the formula:
General Inflation Portion
of = Hourly Rate 0.9 X
Payable
Unit Rate (from
Form of X
Proposal)
CPI January Year Y
CPI January 2011
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RFP 12-01, Curbside Waste Management Collection Services
Where CPI Year Y and CPI 201 1 are the Consumer Price Index for the year in question and
2011 respectively. The Consumer Price Index will be equal to the Consumer Price Index for
Ontario all-items, excluding gasoline, by Statistics Canada as found on
http://www.statcan.gc.ca/pub/62-001-x12010010/t055-eng.htm
For example,
• Unit Price for recycling collection was $40 per stop
• CPI on January 2011 was 115.4
• CPI on January 2012 was 117.2
The general inflation portion of the Unit Rate beginning January 1, 2012 would be $36.56 per
stop (0.9 X 40 X 117.2/115.4). In this example, the total payable as of January 1, 2012 would
be $40.96 ($4.4 plus $36.56)
** The first price adjustment will take place January 1, 2013. ..
15.5 Per Stop or Unit Cost for Contract Additions/ Deletions
The Successful Proponent, upon notification, will assume the responsibility for collection
services as soon as any new homes, buildings, subdivisions, businesses are·ready for service
as determined by the Municipality. Annually, the number of stops for the upcoming year will be
adjusted based on the permits for new home construction or demolition for the previous year.
15.6 Invoices & Documentation
The Successful Proponent shall submit an invoice to each of the Municipalities at the end of
each month representing billing for the Work done for the previous month. The invoice will
contain all required data to support that the Contract has been completed.
The Successful Proponent shall also submit documentation on a monthly basis to accompany
the invoice. Documentation will include an Excel spreadsheet, in the format provided by the
Municipality, which summarizes all material collected by zone and route. A copy of this
unlocked spreadsheet is to be emailed to the Municipality each month.
15.7 Payment
16.7.1 Curbside Recycling Collection
The Successful Proponent shall be entitled to receive monthly payments using the following
fonnula:
Monthly =
Payment
Unit Rate For Recycling Collection
(from Form of Proposal and adjusted for
fuel & general inflation)
12
15.7.2 Garbage, Yard Materials and Fall Leaf Collection
Garbage
X Number of
Stops
The Successful Proponent shall be entitled to receive monthly payments using the following
formula:
Monthly =
Payment
Unit Rate For Garbage Collection
(from Form of Proposal and adjusted for X
fuel & general inflation)
12
Number of
Stops
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RFP 12-01, Curbside Waste Management Collection Services
Leaf & Yard Material Collection
The Successful Proponent shall be entitled to receive payment for the collection of Leaf and
Yard Materials on the next invoice following the completion of the collection period (Spring or
Fall) using the following formula:
Unit Rate For Yard Material Collection
Monthly = 1/2 X
Payment
(from Form of Proposal and adjusted for fuel & X
general inflation)
Number of
Stops
16.8 Monies Due to the Municipality
In the event that there are any monies payable to the Municipality by the Contractor under the
terms of this Contract, such monies shall be deducted from and retained out of any monies due
from the Municipality to the Contractor or may be recovered from the Contractor or the
Contractor's surety pursuant to the performance bond as a debt due to the Municipality.
16.9 Payment Prior to Start of Contract
The Successful Proponent is not eligible for any payment prior to the start-up of the Contract.
When payment is made to the Successful Proponent, they shall promptly pay to every
subcontractor employed any amount properly due such subcontractor on account of Work
covered by the Contract.
The Municipality shall not be liable for, or be held to pay, any money to the Successful
Proponent except as provided above; and on making the complete payment aforesaid, the
Municipality shall be released from all claim or liability to the Successful Proponent for anything
done, or furnished for, or relating to the Contract, or for any act or neglect of the Municipality
relating to the Work, except the claim against the Municipality of the remainder, if any, of the
amounts kept or retained as provided above.
15.10 Interest
The Successful Proponent shall not be entitled to any interest upon any bill for extra work on
account of delay in its approval by the Director of Physical Services /Designate.
15.11 Disputes
In cases of disputes as to whether or not the service submitted meets the conditions in the
accepted proposal, the decision of the Director of Physical Services or Designate for the
Municipality shall be final and binding on all parties.
15.12 Assignment
Following award of the contract, the Successful Proponent shall not, without written consent of
the Director of Physical Services or Designate make any assignment or any subcontract for
the execution of any service or product hereby proposed. The consent of the Director of
Physical Services may be arbitrarily withheld.
16.13 Compliance with the Accessibility for Ontarians with Disabilities Act, 2005
The Contractor shall ensure that all its employees, agents, volunteers, or others for whom the
Contractor is legally responsible receive training regarding the provision of the goods and
services contemplated herein to persons with disabilities in accordance with Section 6 of
Ontario Regulation 429/07 (the "Regulation") made under the Accessibility for Ontarians with
Disabilities Act, 2005, as amended the "Act"). The Contractor shall ensure that such training
includes, without limitation, a review of the purposes of the Act and the requirements of the
53
RFP 12-01, Curbside Waste Management Collection Services
Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation.
The Contractor shall submit to the Municipality, as required from time to time, documentation
describing its customer service training policies, practices and procedures, and a summary of
its training program, together with a record of the dates on which training was provided and a
list of the employees, agents volunteers or others who received such training. The Municipality
reserves the right to require the contractor to amend its training policies to meet the
requirements of the Act and the Regulation.
16.14 Changes in Law
The parties acknowledge that performance of the obligations required hereunder may be
affected by changes in applicable laws of the Province of Ontario. In the event of a change in
applicable legislation that results in a material impact on the performance of any act required
by this Agreement, the Parties shall renegotiate the provisions of this Agreement to achieve
mutually acceptable terms for the performance of acts required hereunder. If the Parties are
unable to agree on the revised terms and conditions either Party may submit the dispute to
arbitration in accordance with the provisions of the Arbitration Act S.O. 1991, C. 17.
16.16 Exclusion of Proponent In Litigation
a) The Municipality may, in its absolute discretion, reject a proposal submitted by a Proponent if
the Proponent, or any officer or director of the Proponent is or has been engaged, either
directly or indirectly through another corporation, in a legal action against the Municipality, its
elected or appointed officers and employees in relation to: ·
i. Any other contract or services; or
ii. Any matter arising from the Municipality's exercise of its powers, duties, or
functions.
b) In determining whether or not to reject a proposal under this clause, the Municipality will
consider whether the litigation is likely to affect the Proponent's ability to work with the
Municipality, its consultants and representatives, and whether the Municipality's experience
with the Proponent indicates that the Municipality is likely to incur increased staff and legal
costs in the administration of the contract if it is awarded to the Proponent.
16.16 Exclusion of Proponent Due To Poor Performance
a) The Director of Physical Services shall document evidence and advise in writing where the
performance of a supplier has been unsatisfactory in terms of failure to meet contract
specifications, terms and conditions or for Health and Safety violations
b) The Municipality Treasurer may, in consultation with the Municipality Solicitor, prohibit an
unsatisfactory supplier from bidding on future contracts for a period of up to three (3) years.
15.17 Termination of Contract
15.17.1Terminatlon Initiated by Municipality: Should the Contractor fail or neglect to commence or
execute the work described in this contract in a diligent fashion, or should the contractor
become bankrupt or insolvent, commit any act of insolvency, abandon the work, or fail to
observe and perform any of the provisions of this contract, the Municipality shall notify the
Contractor in writing of the deficiency. If the Contractor fails to remedy the deficiency or modify
operations to eliminate the deficiency within 5 working days the Municipality may order the
contractor to discontinue all work under the contract and the Corporation may then employ
54
RFP 12-01, Curbside Waste Management Collection Services
such means as deemed necessary to complete the work. In such as case the Contract shall
have no claim for any loss or damages resulting from the work being taken out of control of the
Contractor. The Contractor shall be responsible for all costs for loss, damage or other related
costs which may be suffered by the Municipality by reason of such default, bankruptcy,
insolvency or act of insolvency. If such loss to the Municipality is in excess of the amount
which the municipality would normally be paying for the successful execution of the contract,
the Contractor shall be responsible for the amount of the excess. The Municipality will either
deduct the amount of this excess from any monies owing the Contractor or utilize the sureties
in place for the amount of the excess. If the amount owing or which is being held as security is
exceeded by the cost of remedying the default the Municipality reserves the right to recover
any increased costs by whatever legal means it sees fit.
15.17.2Termination initiated by Contractor: If the Contractor finds it necessary to terminate the
contract, the Contractor shall provide the Municipality in writing, with a minimum of twenty six
(26) weeks notification of said termination, The Municipality reserves the right to draw on the
monies owing or to utilize the sureties in place for any increased costs suffered by the
Municipality to have a subsequent contract in place. If the cost of remedying the breach of
contract by the contractor exceeds the monies owing or the sureties in place, the Municipality
reserves the right to take whatever legal action necessary to recover its increased costs.
55
RFP 12-01, Curbside Waste Management Collection Services
16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award
of the contract, and will apply after taxes):
16.2 IM'E, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature (or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 IM'E further declare that all statements, schedules and other information provided in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 IM'E further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 I/WE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to# __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME: _________________________ _
ADDRESS~: ___________________________ _
CITY/PROVINCE:, _________________________ _
POSTAL CODE/ZIP CODE ______________________ _
AUTHORIZED SlGNATURE:. ______________ TITLE. ______ _
IM'E are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): ________________________ _
TELEPHONE NUMBER-----------FAX NUMBER . ..i......---'--------
HST REGISTRATION# ________________________ _
EMAIL ADDRESS ________________________ _
DATE OF PROPOSAL. ________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
56
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.1
Bayham -Recycling & Garbage Collection Maps
MUNICIPALITY OF BAYHAM
i
C
;, d r .. i ~1··:1.• :J·· .
1 , &o.000
57
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.1
Bayham: Straffordville, Vienna, Port Burwell Recycling &
Garbage Collection Maps
MUNICIPALITY OF BAYHAM
ADDRESS RANCE MAPPING P.E.R.S ----
VIENN r ,zr~ . ' /ff! :;..,_ ,-·
~ --,,r.:
:!::::f ==--~~( __ r; ,_:_/ .. lr~i I
"'! • ~~~~ J !V '
j' ~-"~ " I• n :
~~--.,...
PORT BURWELL
NTS
NTS
58
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.2
Central Elgin -Recycling & Garbage Collection Map
• MUNICIPALITY OF CENTRAL ELGIN
'i
I
59
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.3
Malahide -Recycling & Garbage Collection Map (Boundary)
The Township of Malahide
60
RFP 12-01, Curbside Waste Management Collection Services
Appendix A.3
Malahide: Springfield, Port Bruce & Other Urbanized Areas -
Recycling & Garbage Map
Township of Malahlde
.,
r·, trJSPtfugrlel
,: Louisa Crn -~~ ~Id•
-C4111HnatlOII Llle-
30 propwDOSI
~
I ,
Mounts.lNn-
121 properllaal
houaholdll
-
61
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Straffordville, Vienna, Port Burwell -Leaf & Yard
Collection Map
MUNICIPALITY OF BAYHAM
ADDRESS RANGE MAPPING P.E.R.S ----
STRAFFORDVILLE
VIENN
L_ t
j__ -~ ~ --------1 --==::~---, =r
L_,,
I • ,.,_ -;r~ I -· I -< l fff)
'/4'l/
-·-.Y~ _,_..,.-....,, -: .. _ .. _=:;f :·i ~m~~r" ; -~· I
I --.t :--,.-
; :
l •
.
~ ...;
~~~~ ... _-
PORT BURWELL •.,--·-·•-4,.
-...
NTS
t
NTS
62
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayh.am: Calton -Leaf & Yard C0 lle1ct1on Map
L
•• I·••~ I•
63
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Cori nth -Leaf & Yard Collection Map
CORINTH
64
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Eden -Leaf & Yard Collection Map
HAMLET OF EDEN
MUNlC,P~rn' OF BAYHAM
CYRIL J. OEMEYERE LIMITED
CONSUt Tl#D ENO/MEERS
rtUSOIISU/IIO, O#TARfO
65
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.1
Bayham: Richmond -Leaf & Yard Collection Map
RICHM OND
I'
66
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Belmont -Leaf & Yard Collection Map
•
_ ... ----
BELMONT
67
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Eastwood -Leaf & Yard Collection Map
r · 1· i -·t ~!~J i-· -
____ 1_ t-~ -
City of
St Thomas
I
_----~~~ ___:--=-=-~~-
. I I; ,_· I
EA I l'NOJD SUBDIVISION
68
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Lynhurst -Leaf & Yard Collection Map •
/
I
I
/
'-.,
' ' \
\ :,
' \ \
,·
i
LYNHURST
69
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.2
Central Elgin: Norman/Lyndale -Leaf & Yard Collection Map
l
.,. ,,,, r···
,.----•·/!I --~--_, ---. ,.,,,. ...
I
I
·--------.l
: 1
NORMAN/LYND 'E SUBDJVISION1i
70
RFP 12-01, Curbside Waste M anagement Collection Services
Appendix B.2
Central Elg1in: Port Stanley -Leaf & Yard Collection Map
71
RFP 12-01, Curbside Waste Management Collection Services
' . -I
I L
Appendix B.2
Central Elgin: Sparta -Leaf & Yard Collection Map
-·--·· ---
\
L r··. I
J • I I ,
I ! -.. ____ }.
7
I
'
'
-j: T-! .. -~ . -.
I -,
' ' ' . ' ' . I
' • I • ..J_ •••~.,••.I
----r--
1 I
I I ----~ I
__ J
l~~-:~---7
!
I
I i--
1
I ___ J
I -.. 'i I_
I
L
I L _J
! i I
' '
6. N
SPARTA
72
RFP 12-01, Curbside Waste Management Collection Services
8 :
Appendix B.2
Central Elgin: Union -Leaf & Yard Collection Map
i . I i I
I , --·1-·-' i :
! J
I )
------------·1 !
I .•
73
RFP 12-01, Curbside Waste Management Collection Services
Appendix B.3
Malahide -Leaf & Yard Collection Map
Leaf & Waste Pick-up
Springfield
s
74
RFP 12-01, Curbside Waste Management Collection Services
Appendix C
Bulk Bin Garbage Collection Locations
--Location Bin Size{s) Collection Frequency
Bayham
Strafforclville Public Worlcs Building -2 -6 yard covered bins Weekly
8354 Plank Rd, Straffordville
Port Burwell Public Works -1-20 yard covered bin Weekly
31 Elizabeth St,. Port Burwell
Bayham Community Centre -1-20 yard covered bin Weekly
56169 Heritage Line
Vienna Community Center-1 -6 yard covered bin Weekly
26 Fulton Street, Vienna
Port Burwell Sewage Treatment Plant 2-6 yard covered bins Weekly
-1 Chatham St., Port Burwell
Lakeshore Port Burwell East Beach-1 -6 yard covered bin Weekly
South end of Robinson Street
Central Elgin
White Station Operations Centre -3 -20 yard bins On-call (typically bi weekly)
42343 Fruit Ridge Line 1 -6 yard bins
Belmont Arena -2 -6 yard bins On-call (typically bi weekly)
14020 Belmont Road, Belmont
Port Stanley Arena -2 -6 yard bins On-call (typically bi weekly)
332 Carlow Road Port Stanley
Harbour Club Marina Condominiums -2 -6 yard bins Weekly
301 Carlow Road, Port Stanley
New Port Beach Condominiums-2 -6 yard bins Weekly
374 Edith Gavell Blvd, Port Stanley
Malahide
Malahide Community Place,-1 x 4 cubic yard -waste On-call (typically weekly)
12105 Whittaker Road, Springfield 1 x 4 cubic yard-cardboard
Malahide Community Place, -3 x .45 cubic yard "toter"-recycling Weekly
12105 Whittaker Road, Springfield 1 x .45 cubic yard "toter"-shredded
oaoer
South Dorchester Community Hall, -2 x .45 cubic yard "toter"-waste Weekly
49431 Lyons Line, Lyons 1 x .45 cubic yard "toter"-recvcling
South Worlcs Yard, -1 x 6 cubic yard Weekly
49458 John Wise Line
75
-.J m
•. ·-• ' -'J' ~-' . •
Regula! Household Waste._ c;~~on; ··: ·: -~\tk\t .. -.;
NorfolkDilposal Semcos Limited ..• _ .. ··.:·_-· · ··.• · .. , 519-443-8022 * 1-800-61~47-.: ' ,• · .
HGlllebGld Waste In.dll.del:
.. .A:lJ. kitchen & table wuto. of llDimal:or~le migfq.,,~
from tbepnpantion or comumptionqt1bod hi: a.~~--·
. c1mrcb, or cornrnmcial p)aco of~ · · .-·:·,. . :·: •. :'. ·
.. Anywutoaa a result of day-to-dayjl~ ·••~~; .;·_:
"' .'•, r
All waste should be • out to the.curb by no later than
· · 7 a& on tile morning c,fyov et;»llecti~ day!' ·:.-:,.-...
•1 • •.• ••• • :'.! ,,,_ :: ~ • 1,4 I "1 . . . ~·· . . . .
• _hgular Hoasellold Wastewill:bocon._uper·the ~ .. onthofi:oo.toftbia•-· · · .. :·:.; .. ·: ·'. · .. • ... · , uztill,,• • .' ._1 , • ._,:-... .. ~ I ~•■•• .•
• ,:Jamhouehold will belim.itod to P~(4)--.ot~j•~::. ,
;wastcsperwck. ... :.-:·: ., .. ~---. ·, /'',-,
-~ .Bacb.commcmw. bwdnela will be~ to·Pfyo (S}bap,of
. ~pcrweek. .
··-(Jmbage aba1l be placed.in •~leplutlobaa,•~·
·tlod, havin&a capaaltyofn«_..., .08 ~c ~-{2,i1S '
wbio r.). mul composad c,l'matil'felfl.Ot lc:a1'tba. '1;$ mil'·: •:
• -·=•baauhellhave a total~;~~:~-~-.. .aL-111-11 , .. ,..~_,,_\ -: ·,;, --~-.•· ... ',J' ~-· • •, -~osra,:ns,""'yv--1-·· ~ ., · , .... ,, ...
·• Brulh t1 allowed hirepJ.11' wute • 1-.s uitit m>t motetban ·
5 CID-(2 inches) in «li•-.or: 9~.mctcn-(l.;ani) tq.
-~ Bnmh canbebaged or.~1'!1· =. ,. ._r -~ :' '·: ·
:•,,I• I ••••• _. • •. : · .. ::~·· ·-.. ~~:·-i_::,, ....... _,, ... ,,-.
MINDDZINCYOlJllBO'l1SBIIOtl)~~; ?\ --·· .. · · ~--
• ·. Nwerdumphaudaal ..... •-----~ .... _.: _'}... ·-, <'.~-, .. • Baplambmidamvl.mqml~vl!',b~l]Jll.1.-_ .,, ·:_.~,.-.·: .. , ~palm_._. up S$'bl~lnn1d11A...._ ~--~-
wllforomjGb. lllld--. ..... ;.,mtm.l~'wlth,-,1.iul,~ .. ; ,--
., • ·-1 : '•;; -,' ..... -
~-. ~-,-~.::,:-~·::, ::'.,:._;. ·, __ :~--=----~·
._•• l •',• • •
Your· Waste Management Schedule
... ,· .. '. --·: .MUNICIPALITY
OFBAYHAM
·s. . 866-5521
Household Waste Co~on & Blue Box Recyellng
S.~edulc & Map
Thwstlay-.4rea 3
All rmidants to the north pf
Heritage Linc, except for :::=i:f &: Ri9hmoiid.,
. Wetbtl8day-Ar,a 2
Resklents OD both mdts ofHcm'ltad
Lino & north ofVimma. Lino·
and Tunnol Line, Includes
Straffordvillo ct .lUcluJond.
nur,,tq-A.r,al
R.caidmts on and~ of · .
. Vienna.'Lino & Tunnel Line, .
In.eludes Viema A Port B~elt ·
Coml1i 0
. . : ' Burwall
Roaiw:rK~-W-Qollo;tion
A Blu.oBox ~'9-ollootiOA . ,wiffl. . . . . ..
Norfolk DhpOf81,_Servlcel Llml1ed
519-443-S=• ,'-/1--800-61~47
::c "'Tl "'ti
I-" l'J 6 ~ n
CD C ...,
O" D) "' '< C:
l'll ::r ~ D) Ill "' 3 ..... l'll
s:: I Ill :::,
G') Ill UQ
l'll D) 3 .., l'll
C" ::J .....
D) n
(C )> Q.
l'll CD A
RO -c, i5'
::J -c, Vl ::u l'll
CD ., :s. CD n
(") ::::, l'll "' '< C. (") --■ -· >< ::::s (C C 0 •
0 ~ --CT)
(")
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0 ::::s
0
D) -CT)
::::s
C.
D) ..,
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.1
Bayham -Garbage & Recycling Collection Calendar
77
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.2
Central Elgin -Garbage & Recycling Collection Calendar
78
RFP 12-01, Curbside Waste Management Collection Services
Appendix D.2
Central Elgin Garbage & Recycling Collection Calendar
79
RFP 12-01, Curbside Waste Management Collection Services
Appendix E
Checklist of Requirements to be met for Proposal
Specific Mandatory Requirements Checklist
Mandatory Procedural Forms: Check if
Completed
Form of Proposal-Technical Submission (Sealed Envelope)
Form of Proposal-Schedule of Prices (Sealed Envelope)
A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR)
Abstract
A Copy of the Proponent's Certificate of Approval of a Waste Management
System (Waste Hauler's Certificate)
Proof of Insurance
Mandatory Financial Forms:
Bid Deposit
Agreement for either: Perfonnance Bond, Payment Bond, Performance Security
and/or Letters of Credit
80
RFP 12-01, Curbside Waste Management Collection Services
16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts will be considered in the award
of the contract, and will apply after taxes):
16.2 INVE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature (or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 INVE further declare that all statements, schedules and other information provided in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 INVE further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 INVE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to # __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME:, _________________________ _
ADDRESS:. ___________________________ _
CITY/PROVINCE: _________________________ _
POSTAL CODE/ZIP CODE ______________________ _
AUTHORIZED SIGNATURE: ______________ TITLE ______ _
I/WE are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): ________________________ _
TELEPHONE NUMBER..____,_ ________ FAX NUMBER . ......___. _______ _
HST REGISTRATION# _______________________ _
EMAIL ADDRESS _________________________ _
DATE OF PROPOSAL. _________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
81
RFP 12-01, Curbside Waste Management Collection Services
AGREEMENT TO BOND
WE, the undersigned, HEREBY AGREE to become bound as Surety for
in a bond tota1ing ONE IIlJNDRED PERCENT (100%) of the CONTRACT amount, and conforming to the
Instruments of Contract attached hereto, for the full and due performance of the works shown or described
herein, if the Tender for ___________ _
is accepted by the Owner.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a
Performance Bond must be made to the undersigned within TEN (10) DAYS of Notice of Contract Award,
otherwise the Agreement shall be nu11 and void.
DATEDAT _________ this __ dayof ________ 20 __
Name of Bonding Company
Signature of Authorized Person
Signing for Company
(BONDING COMPANY SEAL)
Position
(This Form shall be completed and attached to the Tender submitted in Envelope 1)
82
RFP 12-01, Curbside Waste Management Collection Services
STAFF QUALIFICATIONS
List of Tenderer's Senior Staff to be Employed on this Contract
Name Position Qualifications/
Experience
To be completed and returned with tender in Envelope 1.
83
RFP 12-01, Curbside Waste Management Collection Services
TENDERER'$ EXPERIENCE
Tenderer's Experience in Similar Work
Year Description of For Whom Value
Completed Work Work Performed
To be completed and returned with tender in Envelope 1.
84
RFP 12-01, Curbside Waste Management Collection Services
PROPOSED SUBCONTRACTORS
List of Proposed Sub-Contractors
Name of Proposed Address of
Sub-Trade Sub-Contractor Sub-Contractor
To be completed and returned with tender in Envelope 1.
85
RFP 12-01, Curbside Waste Management Collection Services
Technical Submission Verification
ITEM
NO. DESCRIPTION STOPS PER WliEK SUSl'vUiflNG PROPOSAL
Yes No
Part A -Curbside Collection of Recyclables
A.1 Municipality of Bayham 2753 stops per week
5,500 stops per
A.2 Municipality of Central Elain week
A.3 Township of Malahide 2904 stops per week
All three municipalities (Bayham, 11 , 160 stops per
A.4 Central Elgin, Malahide) week
Part B -Curbside Collection of Garbage
8.1 Municipality of Bayham 2753 stops per week
5,500 stops per
8.2 Municipalitv of Central Elain week
8.3 Township of Malahide 2904 stops per week
All three municipalities (Bayham, 11 ,160 stops per
8.4 Central EIQin, Malahide) week
Part C -Curbside Col/ectlon of Leaf and Yard Waste (weekly, 4x sorlna. 4x fall
C.1 MuniciPality of Bayham 1219 stops per week
C.2 MuniciPality of Central Elgin 3300 stops per week
C.3 Township of Malahide 573 stops per week
All three municipalities (Bayham,
C.4 Central Elain, Malahide) 5092 stops per week
Part D -Bulk Bin Collection
D. 1 Municipality of Bayham 20 vard bin (s)
6 yard bin (s)
D.2 Municioalitv of Central Elgin 20 yard bin (s)
6 vard bin (s)
D.3 Township of Malahide 4 vard bin (s)
6 vard bin (s)
All three municipalities (Bayham,
D.4 Central Elgin, Malahide)
To be completed and returned with tender in Envelope 1.
86
Rf P 12-01, Curbside Waste Management Collection Services
Pricing Submission
ITEM PRICE PER TOTAL COST
NO. DESCRIPTION STOPS PER WEEK STOPPER PER VEAR (ax
I (a) Y,EA8(b} b)
Part A -Curbside Collection of Recyclables
A.1 Municipality of Bayham 2753 stoos oer week $ $
5,500 stops per
A.2 Municioalitv of Central EIQin week $ $
A.3 Townshio of Malahide 2904 stoos oer week $ $
All three municipalities (Bayham, 11,160 stops per
A.4 Central Eloin, Malahide) week $ $
Part B -Curbside Collection of Garbaae
B.1 Municioalitv of Bavham 2753 stops per week $ $
5,500 stops per
8.2 Municioality of Central Elain week $ $
B.3 Township of Malahide 2904 stops per week $ $
All three municipalities (Bayham, 11, 160 stops per
B.4 Central Elgin, Malahide) week $ $
Part C -Curbside Collect/on of Leaf and Yard Waste (weekly, 4x sprina. 4x fall)
C.1 Municioalitv of Bavham 1219 stops per week $ $
C.2 Municipality of Central Elgin 3300 stoos oer week $ $
C.3 Township of Malahide 573 stops per week $ $
All three municipalities (Bayham,
C.4 Central Elgin, Malahide) 5092 stops per week $ $
1111\11
NO. DESCRIPTION BIN CAPACITY PRICE PER LIFT INCLUDING
Pl$POS~J.
Part D -Bulk Bin Collection
D.1 Municipality of Bavham 20 vard bin (s) $
6 yard bin (s} $
D.2 Municioalitv of Central Elain 20 vard bin (s) $
6 yard bin (s) $
D.3 Townshio of Malahide 4 vard bin (s) $
6 vard bin (s) $
D.4
All three municipalities (Bayham, 4 yard bin (s) $ Central Elgin, Malahide)
6 vard bin (s) $
20 yard bin (s) $
All prices are inclusive of all taxes and fees. To be completed and returned with tender m Envelope 2.
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Appendix F
Acceptable Recyclable Materials
The initial list of materials that will be received and processed at the MRF shall include the following:
MATERIAL
Mixed Paper Fibres
Newsprint
Mixed Household Paper
Cardboard
Boxboard
Mixed Containers
Aluminium
Aluminium Foil
#1 PET (Polyethylene Terephthalate)
#2 HOPE (High Density Polyethylene)
#3 PVC (Vinyl)
#4 LOPE (Low Density Polyethylene)
#5 PP (Polypropylene)
#6 PS (Polystyrene)
#7 Other Plastics
Glass
Polycoated Paperboard Containers
Spiral Wound (Cardboard) Cans
Steel
DEFINITION IF ANY
Including all newspaper flyers, magazines and telephone
directories
Including envelopes and writing paper
Including pizza and other corrugated cardboard boxes
Including moulded pulp and excluding waxed paperboard
Liquid, food or beverage containers
Items made from aluminum foil including pie plates
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquld, food or beverage containers
Rigid household liquid, food or beverage containers
Rigid household liquid, food or beverage containers
excluding expanded polystyrene (e.g., foam cups and meat
trays)
Rigid liquid, food or beverage containers
Liquid, food or beverage containers (clear, green and
amber)
Containers made primarily of paperboard and coated with
low density polyethylene and/or aluminum, and used for
food and beverages. Includes gable top (e.g. milk and juice
containers) and drinking boxes.
Composite (cardboard) can with a single wrap rigid body
involving several layers of materials (including paper, foil
and plastics) with at least one steel end (e.g., frozen juice
containers). ·
Liquid, food or beverage containers; empty paint cans;
empty aerosol cans
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Appendix G
Manning Drive Material Recovery Facilty (MRF)
Hours of Operation
The London Material Recovery Facility, for the acceptance of "Acceptable Recyclables" is open year
round to accept materials Monday to Friday from 8:00 a.m. to 7:00 p.m. except for days which are
recognized as a legal holiday which are:
1. New Year's Day
2. Family Day
3. Good Friday
4. Easter Monday
5. Victoria Day
6. Canada Day
7. Ontario Civic Holiday
8. Labour Day
9. Thanksgiving Day
10. Christmas Day
11. Boxing
The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to
accommodate closures on holidays.
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Appendix H
Procedure for Off Loading Recyclables at Manning Drive Material
Recovery Facility
The following is the City of London's off-loading procedure for the Material Recovery Facility (MRF).
The Successful Proponent must follow the steps outlined below. This procedure may be modified
from time to time, and the Municipality will ensure the Proponent is notified well in advance of any
changes.
1. Staff must exercise caution while onsite at the MRF. Safety precautions include but are not
limited to:
a) Recycling Collection Vehicle operators are responsible for the safe operation of the
Recycling Collection Vehicles at all times.
b) All staff shall work in a safe manner at all times and shall ensure the safety of others when
at the MRF.
c) All staff shall use caution around other working machinery inside the MRF including, but not
limited to front end loaders, skid-steers and forklifts.
d) Personal protective equipment including but not limited to safety vests, and CSA approved
safety footwear must be worn at all times while onsite at the MRF.
e) A speed limit of 10 km/h is to be followed while driving vehicles anywhere within the MRF
boundaries.
2. Recycling Collection Vehicle operators are required to weigh their vehicles at the weigh-scale
before proceeding to off load their recyclable materials. The Recycling Collection Vehicle
operator will provide to the weigh-scale attendant the collection zone where the recyclable
materials were collected as well as their route and truck number. The Recycling Collection
Vehicle can proceed to the MRF receiving area(s) after the vehicle weight is recorded by the
weigh-scale attendant.
3. The City of London operates a two-stream recycling collection system, the Recycling Collection
Vehicle operator will be required to first off load containers materials in the container receiving
area, and then proceed to off load the fibers materials in the fiber receiving area.
4. Vehicles are required to reverse into the MRF receiving area(s). Recycling Collection Vehicles
are required to form a queue outside the receiving area(s) while awaiting direction from the
MRF Processing Contractor to allow the Recycling Collection Vehicle to off load the materials
in the MRF receiving area(s).
5. The Recycling Collection Vehicle operator shall unlock the tailgate while in the queue in front of
the entrance to the MRF receiving area(s).
6. The Recycling Collection Vehicle operator shall slowly reverse their vehicle inside the MRF
receiving area(s) upon direction by the MRF Processing Contractor. Recycling Collection
Vehicles should not exceed more than 5 km/hr while reversing in the receiving area(s).
7. The Recycling Collection Vehicle operator shall honk the vehicle's horn when reversing into the
MRF receiving area(s) as a warning to MRF equipment operators and other staff in the vicinity
if the vehicle's backup alarm is not functioning.
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8. For Recycling Collection Vehicles which do not have horizontal ejection, the Recycling
Collection Vehicle operator shall make a visible inspection overhead inside the MRF to ensure
there is adequate clearance prior to raising the box of the Recycling Collection Vehicle. The
Recycling Collection Vehicle operator shall ensure there is no overhead obstruction in the
vicinity of the raised box. If the overhead clearance is insufficient, the Recycling Vehicle
Operator shall lower the vehicle's box before emptying the load. After the Recycling Collection
Vehicle is off loaded, the vehicle's box should be completely lowered before the Recycling
Collection Vehicle exits the receiving area(s).
9. For Recycling Collection Vehicles with horizontal ejection, the Collection Vehicle shall enter
into the MRF receiving area(s) and off load the recyclable materials. The Recycling Collection
Vehicle operator shall ensure that all materials are off loaded and the Recycling Collection
Vehicle's tailgate is closed prior to exiting the MRF receiving area(s).
10. The Recycling Collection Vehicle operator shall inspect the dumped load and remove any
visible non-recyclable material larger than 2 litres.
11. If the driver is inspecting or entering the back of the vehicle with the tailgate (commonly
referred to as the rear bubble) opened and elevated, the safety arm/pin must be engaged prior
to inspection or entry.
12. The Recycling Collection Vehicle operator shall lock the tailgate after exiting the MRF receiving
area(s).
13. Recycling Collection Vehicle operators shall not empty Recycling Collection Vehicle sump
buckets inside the MRF receiving area(s) or while onsite anywhere at the MRF.
14. Recycling Collection Vehicle operators shall not clean the recycling collection vehicle inside the
MRF receiving area(s) or while onsite anywhere at the MRF.
15. All Recycling Collection Vehicles must weigh out at the weigh-scale house before leaving the
MRF
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Appendix I
City of Toronto's Greenlane Landfill Site
Hours of Operation
The Landfill Site, for the acceptance of "Garbage" is open year round to accept materials Monday to
Friday from 6:00 a.m. to 5:00 p.m. except for days which are recognized as a legal holiday which are:
1. New Year's Day
2. Family Day
3. Good Friday
4. Easter Monday
5. Victoria Day
6. Canada Day
7. Ontario Civic Holiday
8. Labour Day
9. Thanksgiving Day
10. Remembrance Day
11. Christmas Day
12. Boxing
The facility will be open such additional hours and/or days (i.e., Saturdays) as may be required to
accommodate closures on holidays.
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Appendix J
Municipal Waste Resource Materials Collection Bylaws
'Ifie Corporation of tfie ~unicipaCity of Central lE'iJin
BY-LAW NO. 964
Being a by-law for the jlrovlsion of Waste Collection and Mandatory
Recycling in the Municipality of Central Elgin.
NOW THl::REFORE the Coun-::it at the Corporation of the Municipality of Central
Elg in hereby enach! as fo{!ows:
Article 1
CITATION
1.1 This By-law may ;:ie citad as ~he ·waste Collection and Mandatory Recycling By-
law".
Article 2
!NTERPRETATION
2.1 By-Jaw Enforcement Officer -defined
"By-law Enforcement Officer" means a person who may from time to time be
appointed by the Co uncll of ~a Corporatl on as a By-law Enforcement Officer.
2.2 Director -defined
"Director" means the person •,mo may from time to time be appointed by the
Council of the Corporation lo ttio position of Director of Physical Services.
2.3 Blue Box -defined
"blue box· means the container or other device supplied by the Municipality for
the collection of recyclable waste.
2.4 Central Elgin Garbage Tag• defined
·central Elgin Garbage Tart means the self-adhesive tag provided by the
Municipality to be effix-,d to non-recyclable garbage set out for collection.
2.S Co11Struction Debris • defined
"c:onstnJction debris' means discarded miiiteriat resulting from the erection,
repair, demofltion or impmvemen1 of buildings, structures or property (including
land).
2.6 Container -defined
'container' means,
2.8.1 a galvani:z:cd metal or plastic container with a maximum capaci1y of
approximately 0.8 cubic metre {2.75 cubic feet) being larger at the top than al the
bottom and having a hand:e and fitted lid, e1Jch containers shall weigh no more
than 1 B kilograms {40 pounds) and must be kepi in good repair and a sanitary
condition; or
2.6.2 a polyethylene plastic bag with a maximum capacity of approximately 0.8
cubic metre (2. 75 cub!:: feet) of 1.4 gauge thickness fastened at the top and
weighing no more than18 kilograms (40 pounds); or
2.6.3 any other receptacie as approved by the Municipality.
2.7 Farming Business -defined
"farming buslness• means a farl'lling business within the meaning of the Farm
Registration and Farm Drgenizations Funding Ad, 1993 that is located within tha
geographic llmits of the Municipality of Central Elgin.
Hazardous Materials -defl ned
"hazardous materials" includes, but not b8 limited to, the foUowing:
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Municipal Waste Resource Materials Collection Bylaws
Antifreeze
Auto Battericu
DegreaserE
Dislnfe=tan:s
Drain Cleener
Dry!J!!ll R::iHP.ries
Fea 1-'ov.cer
Foor ·iNax
Her:ilclr.i=.~
Metol Polisll
2
Wot.or Oil
Nail Pelis!,
Ov.in Cleaner
Paints
Pesticid~
Ph::mnacautical
Pro::>are Tenks
Si;:1.JiG T:-mk Cleeners
S::>lven:s
Wood P·eservativ~
2.8 Major Appliances -Large Housohcld Fumishings -defined
•major a::,pliances and large l1uusehold furili:hirgs· means an lgr;e or bulky
h:lll!';eholc ~ec>iarlsms sndJor o:her ar.f::.es uiuallv used wit1in e readence a,d
for res1dentlol ,:,urposes, incluclng but not necessarily limilf:tl ti:: refrigerato-s,
stoves, washe:-s, dcyens, i;!lairs. 11rrfas, t.mles. beds, air.I carpeting.
2.9 Municipality -def med
·Munk:,pality• mfl::ms The Corp::ira!.lon of the MLnicipalily of Contrel Elgin.
2.1 0 Non-collectable Waste -defined
'non-co0ectableo .,,..astl:l" means t:ie following:
{a) manufactured or hJ,1.st·:~, was:e;
(h) any explosive liazard::>US or highly combustible materi:1I o:' any n1tu,~
vkatsccver, i1cluding eshes:
(c) cu7structlon dAh'~:
{d) sawdus1 and/or shavil'\Cl3;
(e) fiqu·d waste;
(f) hay, straw and manu-a;
(g) caroass of any an'nal;
(h) rrajor app'ia,cei;, anc/or large housahold tuM1sh!rgs;
(I; any matena: w'lich h:is become fr::izer to t,e oontainer ,md c-.;mnm be
removed by shakhg; u: dic;r.arced tires:
(k} :my appliance tha: ,;ontains or opera,"s i:.:n Frscn QF.s: and
O; Hazarduus Mn.1.erlals.
2.11 Non-recyclable Garbage -defi1111d
~r.on-recy,fanle garbase" means ali garbage and ether refuse except non-
colleciable waste a'1d recvclable waste.
2.12 Place o1 business -defined
•place cf bushes~i• means a property as:sesse:i for commercla or industn.al
property @xes cm the Assessment Ro I.
2.13 Recyclable Waste -defined
"recyclable waste" '.Tleans such terns as the Dfrcc:or identifies frcn time to :i11e
as bel!1g s:iitable fur coBectio, for recycfmg purpuses.
2.14 Reslden11al Unit-defined
arcsldential unit' means one or mure tutbitable rooms essessed ;or rasideitl3I
property taxes on the Assessment R::ill and occ..ipied or dcsii:ined to be occupied
b)' ::,ne or more persons as an irx:lepemleul and separRtP housekeeping
establishrmmt i11 w'lich sR::-arate lcltche1 and senitary facilities are providec far
the use of suer. oeroone or persons.
2.15 Waste -defined
"waste" rreans non-recyclable garbage and recyclat:le WclSle.
Article 3
GENERAL PROVISIONS
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Municipal Waste Resource Materials Collection Bylaws
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3.1 Appllc.ation -all ownera -occupants
The provisions of the By-law apply to the owners and occupants of all resldential,
commercial and institutio:-'.-ai lands uses within the Municipaiity.
3.2 Holiday Pickup -dir~on of Director
The Munlelpallfy, 1:"lder the direction of the Director, shall, if a holiday or nolidays
occur in any week of regular collection. reserve the right to collect non-recyclable
garbage and recy..labie waste at the Municipality's convenience.
3.3 Collection -separation of waste • reqt.iired
Non-recyclable garbage shal! not be collected from any place within the
Municipality unless the recyclable waste components have been separated from
the non-recyclable garbage antl set out for collection in accordanoe with the
provisions of this By-la.:.
3,4 Enforcement -By-law Enfon:ement Officer -representative
It shall be the duty oftha By-law Enfo:cement Officer to enforce the pro\/isions of
this By-law.
Articla4
COLIJ:CTION OF WASTE
4.1 Weekly pickup-as publishe<f -noo-recyclables
Collection of non-recyclacle garbage will be made weekly on the day or days of
lhe week designated by the Oireetot.
4.2 Weekly pickup -as pubHshed -recyclables
Collection of reC1·cJab!e waste will be made weekly on 1h8 day or days of the
week designated by the Director.
4.3 Wasta separate -recyclables -other -set out
AU recyclable waste shall be separate from non-reoydable garbage and placed in
or beside the blue box in accordance with the procedures estabfished by the
Director.
4.4 Collections -non-collectable waste -prohibited
The Municipality shall not collect non-collectable wash, as defined in this By-taw
from any residentlal unit or place of business with in the Municipality.
4.6 Garbage -plac:ed In proper container
The Municipality shall not collect any non-recyclable garbage from any residential
unit or place of business within the Munlclpallty unless such garbage is placed in
a container meeting the requl-ements of this By-law.
4.6 Collection-wast. generated in Municipality-only
No person other than a resident of the Municlpality or a person who operates a
place of buslnes~ or a farming business within the Municipality, or their agents,
shall set out waste fer collection. Waste set out for ccllection shall not include
waste from residential ur~. pf-aces of business or farming businesses not within
the, Municipality.
4_7 Wast&-aat out-frgm pl'Qperty generated
No person shall sel out waste for collection except at the residential unit or the
place of business at which the waste is generated. unless mutually agreed to
between abutting property owners.
4.8 Non-recyclable garbage -collection
Non-recyclable garbage over and .above the quantity specified ln Section 5.2 may
be removed and dispo&ed of, al the discretion cf the Director, :at a charge b:ased
on time and material, payable In advance.
4.9 Container-location -type -multiple residential
The location and type of container for collection of non-recyclable and rer.yclable
waste for apartmert buildfngs, row houses and multiple unit houses wfll be
subject to the approval of the Director or his/her appointee.
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Municipal Waste Resource Materials Collection Bylaws
-4-
4.10 Garbage storage structures -requiremellls
.0..11 special structures or buildings pro·J ded 1or the stcrrJge cf containers end blue
bo>les shdl at all t!rr,es l::e maintained ir a clean and ::;ar·b1ry ~riitior
preventng en ,y :l'/ mci:;mt,; a,:t Insects, anc ccnstr.1cted for eaey access by tnc
Munic1oality
ArtleleS
COLLECTION • PROCEDU"E
5.1 Recycl:iblo -wasts -placement
W. ,er~ ~cm-recycla:,Je ga·ba:;ie ar:d recyclable waste is set cut for collection :m
the some day, containers of non-recyciaole garbage siall :.ie :ilar.art :ogether but
sel apart from the -enr.tahlP. waste. Recyclable wasw ma~ be set out whh t"lc
blue box.
5.2 Waste -set out for coilection
All wa~te th3t is 5et out. Jus ;;dl~dion by the l\.4s..1nicipaHty. shall be p·ace!l at he
r:1 irb or or the boule•1ard ot a p..11::lic stree1 in fron: of or adja:::e?"t to the reside rrtial
unit on the side of tl-e public street designa:ed by tf-lP. nire:tor. A I \vasta set out
for r.ollectJon shar ha•,e affixed, a :..:en:r:.t Elg:n Gl:roego Tai:;, as required by
Section 6 cf-this by-law.
5.3 RecyclablG waste nc limii
There is no !imit on !tie q.Jar1l'ty af r~c:ycl<'ble was:e which -nay be set out for
co:lecticn at one tim.1 axcept 'rcn a pace of business where the arrount of a,1y
type or types of recyclable wasts lo be ::-.ollected may be ll'T1ited by tha
lv1unicipality f~om tine to tine.
5.4 Deadline for deposit at curb
Waste se: out for ::ollection shall be placed a: ar near the ap:lllcable cut or
baule-.rard t:efcra 7:00 a.m. cf the cay on w1ich collection of that waste is
schadL!led, provided tht at all fmes, such waste shall not be set oui ror
collectior µr or -o sundown o11he pre"lous day.
6.6 Waste not separated -collection may be refused
Any waste, wrich :s set out for ccllcction and ~hi::h has not been separatec in l!>
recyclable and non-recyclable L-alegaries, or wh!ch !1aS not :ltharwise been
prepared for coflectior acco~ding to tht:l Pl"C'1isions o" fhis 13y-,aw. may n:'.ll. be
collected by the con:rector reiain=c ty th:t '.\ilunicip,11 tt to do so, the Dlrec-.or er
his designate having the sole discreton tc detenninc if such waste iis not to be
conected
5.6 Wa&te -not romovcd -owner responsJb111ty
A,y waste, which the Muni:::ipi;iliry c:eclines to co.tect, stall be rerroved ':Ii the
owrer or occupant of tha residcn:ial un t or place or busire~ by or u11 whose
behalf the waste waa plaa,;d fil' colleciion :iefore the end of the caend;:ir d3'f on
which tt-e colleeci::m was schedulsci. Sue!-Lncollected weste sr.all be dispost!d
of privately o~ may be prope~ly i;eparatF!d and prepared ir. QCcordance wrth tt-is
By-law ;md set :x.'t again f-:>r collection on aiotherschcdded day.
5.7 Yard waste collection -special times -requirements
By notice to the publ:c ~ time b time, the Municipality m;:iy desl£nate days
and llrnei; fer the collectlon of leaves tree Dmbs and b-usn or supply tilT'es and
locatons of drop-offs. BrJSh and tree limb$ s:1all t:e wrnpacted and t1At1 In
bundles not more lhan 0.9 -ne1re (3 feet} In le'lgtl or olaced 1n ar enciosoci
contai'ler. Leaves &rall be paced fur colle:;tion ,n accordanc~ wilh the
procedures establishac by the Director. In no lnstanc:e $hall a bu'1dle or ccmk:iri:::r
weigh mere :han 18 ~llograms (4C oounds).
5.8 Household hazardous wast& days -designatod
The Municip2dity may designate household h1:tt.,Jrdcms was:e days an::f locations,
approved by the Ml!'listry 01 Environment, to accept ho.JSehold ,azardous
materiErls.
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Municipal Waste Resource Materials Collection Bylaws
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5.9 Major appliances -.-.oilectlol'! • designatecl
By notice to the p'.lb!ic from time ro tirre, the MunicipsUy may de,fAnate days
and times f::>~ the co!lection of major eppliarces and targe household funisrings
as dafined by this By-law andior other r.or--ecyclab.e garbage.
5.10 Freon removal -owner r~ponslhlllty
Any applrarn.;e containing o• t'l;'.'l;iratlng or F-eon gas will no, be collecte:t at any
time unless pmnf r;m be pr:,v.c:ed to the Municipalit)' tha1t the Freon has beer:
ramoved by a licansed contracicr
5. 11 Salvage -Interference with garbage
No person w_'.f pick ove·. lnl~rrere with disturb, rerrove or scatter any
ccrta.ners if. waste which ha'✓e been set cut for colfeclion, provided that, by
nQloo to ~he public from ti~ \c :irr:e, t1e Munici:,a:~ rr.ay de.i gnatc certain days
for th!'! salvaging 01 maJor app&ances, or;c ,ouseho!d f.lmishingt. and/or o111y
ether Items that ma}' be specified by the "'-1..:n!cipality.
Article 6
REQUIREMENTS FOR CENTRAL ELGIN GARBAGE T J\GS
5, 1 Use of G~rbage Tag
(aJ No person shel 3e: out for coileciion any plastic bag, ;::i_;; referre:i to witnm
the definition of "c.:n:ain3•' pursuant to tt-iis Ry-1;,iw, of non-ra:yclat:le garbage
unless:
(0 it hai: ~ 'Centrat Elgin Garbage T3g" affixed le lts exterior. and
(11) the 'Centro: Elg r Garbage Tag' is affix.1:1d ir1 such a ~a..,;hlon as :o be
clearly visible le :re ::;-:>:1tractor.
(b) l\:o pi:r::cr shali ~P.t oLt for ccllect10n a container of no~-eoyclable
garbage. savP. i'lnd excep! w:th a plastic oag :is referred to il'1 Section C.1(a)
a::iove, unless:
(i) it h.is a "Central Cl~fn Garbage Tc:i1,;" affxec to the top l:em ·ns1de the
receptade; am.l
(11) the "CAntrnl l::lgin Garbage Tag" s cffixcd in s.1::h a fashion as 1D bti
::lear1y •11sible to the con1rao:or upon removal of the recei:;lacle's lid.
6.2 Feas
The fee for a KC-er:t-af E:gin Garbage Tag" shaD ~asset out ·n Schecule "/\" of
this by-law. Tiit:, payment :"lf ;it,m fee shall be 11ade t-:> 1he Municipality or its
aulhorized agents.
6.3 Collection of Untagged Non-Recyclable Garbage
(s} Any non-recy:lsble garbage no: exl1ibiiing a "central Elgln Garbage Tag"
ag reflected in Section e. 1 above shall no1 !:)So conected by the contractor
retained ty Jie Municipality to d=i so. Any such non-reoyclab,o garbage
set cut fer coUection but not rnGeting the requkemants of Sect:on 6.1
above may oiterwise be collected by the M.1nicipaftty. Tt:e person who
directly er by means cf an agent set out such non-reciclable gar.:iagP. fnr
collection 'll'ithout meeti11A the requirements of Se:::lon 6 1 above shall be
&able for the total expemies iilcurrF!C'I by the Municipality tor remOV3l of
such non-rdcfclable gamage at a rate set by the ~1unicipality and a:,
revised from thre to tme plus any applica:>!e ffltcrcst -::ir :>e.,alfes.
Payment of s.1cn expenses shall be made within t:i·rty days afte0 recspl
of an invoice indicating the tou.l expen8es incurred by the Municipality.
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(1:-)
(c)
(d}
• 6 -
Ir the evart that :he pers :,r: liable 10 the Mu-iicipafity =or the total ex:;R:tist!
of collecfon of ~ucti 11on-·ecyclable garbaga owns tan::ls Y.ithrr the
r1,unIcIpalit'/, ony u1i:;aic in'loices rendered for the removal of such no,-
recyclabie 1.arbag= shat! tiP-added tc1 the tax roli fo• the la'lds owned by
sue:, pars:m with~n the Municii:-ality and thereafter cc~ in like manOP.r
as m1-nicipal taxe;.
In the case of a condom nium ,:nr::x:,rat<~n. ttle :::cndom'nium c:'.Jr':>Cr.:lton
sha I ramain il2ble to the Municipality for any cosb 'ncu·ret:f l.:y !he
Municipality at a ri.11:e ~~l b~• the Municipalify as revise::! from tine to 1rme
i1 co3ecting ;,on-rscycl3ble ga~bage wi:hout the appr:,r;riate 'Cenh"l:11
C gin Garbage 7 ag'' ·mm e1r acjoining tne premisas cf me condominiu,i
corporation re~arcless of w"lcihcr suet untagged non-recy<:latle Udr:iage
can be attrlbu1ed to 1he con.:lcminl111r oorpo~tton, ,m cwner or tar-an:: at a
condominlurr unit, or ony cticr i:erson. All ill'JOices shal be p.1yahle
within 30 cays rle;r re~p" Invoices tha: rer.mln unpaic ti:lr s.ach non-
recyclable garbagG sha I oe added to the tax roH of U-e condominium
corporation c!r.d te col ~d~ in like rr.anrnir as municipal t:lXCG.
In the case pf ·nultl-rffiidHrtial, lnsttutonal or commercial prop~rt"c:-; il-c
owner of such property stnU remain rable to tt-e Murie pa.ity fot any cos-.s
in:::urre::l t~ t'ie Mu, ;iopali·y at a rata> set oy the l\.1u'.llcipali~ as revised
f-am tlrne :o tt'"1e ,r, oolectin;1 nor-recyclable garbage wiU1t,iJ ttie
appropriate "8entrel Elg;u G.Mt:age Tagfl from or adjoining ihe pro:nioos
of such p~Oj:9rty regardless of w,ether such unlagge:f ncm-recyc·abl~
garbage car ::ic al rih:Jted to such multl-resid&n:131, insti:utional or
comnsrcial !)roper.y, en owner, tenant of suet-property o-flny other
person All irwuiCP.s "!hall t:e pa~able wr.hll'! 30 days after receipt
!n1JOices t.,at. remain unpaici fer such ,cn-recycl~ti i;arbaoe sha:I be
added to th; lax ~ oil ,:if s1.1ch property and ccllected ir J:kc man,er as
m:.mi~pa! :axes.
Article7
ENFORCEMENT
7 .1 Fine -for contravention
[very person who contravenes a,iy of the provision& of this By-law is ~uil1y of an
offence and shall upon convictior hereof is liab e kl a liiie HS prooded in the
i'rovin~aJ Offences Ai;i_
8.1 Validity
Article 8
SEVE:RABILITY
If any pr0\11&:on of this 3)--law is declared invl!li::i for any reason b"/ a COufl of
competent jurisdict'on. lt is l'ltexed ttat such a provision shall be severed fron
the By-law and t,ot the rerr:ainder of the By-law shaD continL"'! In ru!I force and
effect
9.1 Repeal of By•lsw
Artlcle9
REPEAL
A"l'/ by,Jaw frcon3isten1 'tjth thi~ By-Jaw i,; herP.hy re~.
10.1 Effective date
Article 10
ENACTMENT
Th!s By-law shaD come in:o tull force .ind take effec: en May 7-;;i. 2007_
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Appendix J
Municipal Waste Resource Materials Collection Bylaws
-7-
Schedule "A"
1. Th1:1 Municir:;ality shall r-~ovl,"lf'!:
e) Cach Res'de.1tial Unit with 104 "Ceitral Eigl:'l G:::ttiP.Of! Tags· each year at
10 c'1~P. ~n the o,•1;ner. Tags w;II ::inly be val:d in the ye3r fer wl-ich 1t-cy
'Aiere ·ssued
t;) ::ach Pli:ir.A :)f Business Wit"! 26:.J ·c;ent~J Elgin Garbage -ag: each yea·
at no charge tc the owner. Tags '"'ill only be valic in lhe )lear for which
:hey we•e issued.
c) i:::ach Farming Businoa3 wiih 52 "Central Elgin G~e Tags' tiach yP.;:i·
at no charge to ti'l8 Fc1m:ing Rus,ness upon the Farming Busir.ess
-:iro·,1ldlng the Municipality with a va.id Fam ng 31.siness Registration
:o.Jumbcr.
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Appendix J
Municipal Waste Resource Materials Collection Bylaws
The Corporation of the Munitipalit;y of
Central Elgin
BY-LAW 1177
Being a By-law to Amencl Mun'cipality of Central Elgin By-law 964
)I NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALIT'i
II Of CENTRAL ELGIN ENACTS AS Fr:JLLOV1:S:
·I THA: Gchedulc ·A" to By-l~w 964 is hereb~· repeaied an::I the a;::ai;hed
Schedi;;;; "A" to this By-law Is substituted thereto.
ii READ A F;RST, a SE:;QNO :md a THIRD Tl~E a~d FINi-i.LL Y PASSED this 26th, day
.i of Se!'ltemte; ':!009.
SCHEDULE "A"
1. Effective Jan~ary 1c·. 2010, the Municipality shall provide:
a) Each Resider.tial Unit witr. 100 "Central Elgin Garbage Tags" for
the yea~ 2010 at no charge to the owner. Tags will only be valid in
the year for which they were issued. Additional tags may be
ourchased from the municipality at a cost of $1.50 per tag.
b) Each Place if Business with 247 "Central Elgin Garbage Tags" for
the year 2010 at nc charge to the owner. Tags will only be valid ln
the year for which they 1,vere issued. Additional tags may be
pumhased from the municipality at a costof$1.50 per tag.
c) Each Farming Busmess with 49 "Central Elgin Garbage Tags" for
the year at 2010 at no charge to the Farming Business upon the
Farming Busire$s prcvicfmg the Municipality with a valid Farming
Business Registration Number. Additional tags may be purchased
from the municipality at a cost of $1.50 per'lag.
2. Effective Januar; f'\ 2iJ11, the Municipality shall provide:
3.
a) Each Residential Unit with 94 •central Elgin Garbage Tags· for1he
year 2011 at no charge to the owner. Tags will only be valid in the
year for which they were issued. Additional tags may be
purchased ftom the municipality at a cost of $1.50 per tag.
b} Each Place of Busmess with 234 "Central Elgin Garbage Tags" for
the year 2011 at no charge to the owner. Tags will only be valid in
the year for which they were issued. Additional ta.gs may be
purchased from the municipality at a cost of S1.50 per tag.
c} Each Farming Business with 47 "Central Elgin Garbage Tags" for
the year 2011 at no charge to the Farming Business upon the
Farming Business providing the Municipality with a valid Farming
Business Registration Number. Additional tags may be purchased
from the ir.unicipalit-J at a cost of $1. 50 per tag.
Effecti110 January 1•.t, 2010, a disposal fee of $20.00 per load will be
imposed during the Spring Cleanup Day.
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Appendix K
Anti-Idling Policy
OBJECTIVES:
1) To reduce the costs of fuel used by the unnecessary idling of municipally owned vehicles.
2) To reduce maintenance costs on municipal vehicles caused from wear of moving parts which
results in unnecessary idling.
3) To reduce the municipality's carbon footprint and environmental impacts which result from
greenhouse gas emissions.
IDENTIFICATION:
The municipality is responsible for the provision of a wide range of services across a large
geographical area. As a result, the municipality's fleet includes equipment which includes but is not
limited to passenger vehicles, heavy equipment, light duty equipment and dump trucks. All of this
equipment utilizes costly fossil fuels for its operation.
• An idling vehicle emits nearly 20 times more air pollution than when traveling at 50km/hr.
• Vehicle emissions are a contributing factor in climate change. By reducing unnecessary idling
to just one minute, we are helping to improve the quality of the air in Toronto.
• Turning off and starting an engine uses less fuel than letting the engine run for 30 seconds.
• Idling increases you maintenance costs. Engine wear is greater at prolonged idle than during
normal operation. When an engine idles, the engine oil becomes dirty more quickly than when
a car is moving.
• The Ontario Ministry of Transportation estimates that an idling gasoline vehicle with an average
sized engine uses about 2.2 litres of fuel per hour; an idling diesel truck engine uses about
three litres of fuel per hour.
ACTIONS:
To meet the objectives of the policy, the following actions will be undertaken.
1. When purchasing, equipment, staff will endeavour to ensure that equipment purchased has a
factory installed fuel management system which will automatically shut down the equipment
after a prolonged period of time idling.
2. When a light duty or medium duty vehicle is parked for more than 60 seconds the vehicle shall
be turned off.
3. When a tandem truck is parked as part of a construction process for more than 5 minutes the
vehicle will be turned off.
4. When installing aftermarket equipment such as construction strobe lights etc., on municipal
vehicles care will be taken to utilize power efficient equipment such as LEDs and ensure that
the power supply for the equipment will be available to the aftermarket equipment without the
vehicle running.
EXCEPTIONS:
There will be operations that will require the items noted above to not apply. Exceptions to the policy
shall include:
1. When a piece of equipment has equipment installed on it that requires the vehicle to run to
power it. Examples include a power takeoff driven hydraulic pump, power inverter for the
supply of AC power.
2. In the event that the vehicle provides shelter for municipal employees during inclement
weather. There are times that employees may be performing work and need to get out of the
elements and seek shelter.
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Appendix L
Municipality's Code of Conduct for Employees
Purpose:
To provide guidance and direction on the general standards which are expected to govern your
conduct as an employee of the Township of Malahide, and the methods of enforcement and penalties
for a breach of this Code.
Policy:
Responsibility and Authority
The Township expects employees, as a part of their responsibility as an employee, to become familiar
with the provisions of this Code of Conduct.
Employees are responsible for complying with this policy during working hours and at work-related
functions that take place after hours.
An employee's Supervisor will ensure that the employee receives adequate and appropriate
information in relation to the provisions of this Code of Conduct and receive a copy of the Code of
Conduct and any schedules or amendments.
For employees to understand the standards in this Code, it is necessary that they read this document
as a whole, rather than rely on individual sections of the Code in isolation.
This Code of Conduct is authorized by the general powers of the Township to adopt By-laws for
appointing employees and prescribing employee duties, in order for employees to carry out the
policies of Council and in providing Municipal services.
Your Obligations
The Township expects employees to:
uphold the laws, by-laws and policies of the Township of Malahide, of Ontario and of
Canada, and shall take reasonable steps to avoid their breach, evasion or subversion;
ensure that their conduct, whether in a personal or official capacity, reflects and supports
public confidence in the Township; and
ensure that the employee's official powers or position are used properly in the public
interest, and that personal interest is secondary to public duty.
Report to the Township any Criminal Code charges and convictions that an employee
receives together with any violation which will have an impact on their job qualifications and
credentials.
Exceptions
In unique circumstances, an employee may feel that the public interest is not best served by
complying with a policy because it conflicts with another law or policy, or its impact would be contrary
to the public interest.
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In such cases, employees are expected to:
continue to carry out or support their duty unless doing so would constitute a substantial
risk to the Township or its ratepayers;
discuss the issue with their supervisor in order to clarify the direction; and
discuss the issue with the Chief Administrative Officer/Clerk if the matter is not clarified by
their supervisor.
Conflicts of Interest
Employees fulfill their public duty and earn the trust placed in them by the community when they:
base their decisions and conduct on what is good for the community
base their decisions against what is good for any other person or group, including yourself;
ensure that the potential for their being in a position of conflict is minimized; and
ensure that the potential for conflict is resolved as quickly as possible, and in favour of the
public interest.
Interests take two forms:
"pecuniary interest'', which involves financial matters; and
"non-pecuniary interest" which includes other forms of advantage, that put your personal
positions in conflict with your professional judgment.
If employees have a pecuniary or non-pecuniary interest in a matter under consideration by the
Municipal Council, its Committees, or another officer or employee of the Township, employees are
required to disclose the existence and the nature of the pecuniary interest in writing to the Chief
Administrative Officer/Clerk.
The Chief Administrative Officer/Clerk may disqualify an employee from participating in any
deliberations on the matter, and direct the employee not to discuss the matter with another Municipal
employee, interested part or member of the public in order to minimize the potential for a conflict of
interest for the employee and the Township.
Improper Use of Influence
Employees shall not use their influence as an employee of the Township in order to obtain advantage
or to affect an outcome or a decision that will benefit the employee, their family members or another
person or group.
Employees are also to refuse any attempt by any person to influence the making of a decision, unless
their involvement is consistent or required with the provision of the By-law or policy.
Acceptance of Gifts or Benefits
Employees shall not improperly use their influence as an employee of the Township to solicit or accept
for personal benefit or for the benefit of a family member, any form of benefit whatsoever (for example:
gifts, loans, discounts or other considerations) in connection with the performance of their duties.
A "benefit" for the purpose of this Code of Conduct does not include any gift or benefit that may be
provided to an employee:
as a part of their remuneration within the terms and conditions of their employment; or
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by other employees or members of Council on their resignation, retirement, special
recognition or on similar occasions.
Employees may accept, in an official capacity, any gift, hospitality, entertainment or benefits of
nominal value provided that they are satisfied in each instance that:
the acceptance of the gift or benefit will not bring the employee's integrity into question or
place the employee in a position where they are under an obligation to favour an individual
or firm;
the gift or benefit offered is a matter of protocol or social obligation that normally
accompany the employee's responsibilities;
the gift or benefit could not be reasonably construed as being given in anticipation or
recognition of special consideration by the Corporation.
Use of Municipal Discretion and Authority
As a municipal employee, employees are expected to treat members of the public and other
employees honestly and fairly, respecting their rights, duties and obligations, and to act responsibility
in the performance of their official duties.
When employees exercise a discretionary power in an official capacity, employees:
shall only use the power which has been given to them as it was intended;
shall be objective and impartial, and consider all relevant facts and matters;
Nepotism
shall be fair and equitable to persons under similar circumstances and give adequate
consideration where circumstances differ;
shall make a decision within a reasonable time frame having regard to the matter under
consideration and any relevant policy or law; and
shall confirm a decision in writing when asked by a party to the decision.
Employees shall not use their influence in order to obtain any other advantage within the Township on
behalf of a family member, or to affect the proper outcome of any procedure established by Municipal
policy.
Political Activity
The Township recognizes the right of all its employees to participate in political, party-political and
trade union or professional association activity, and acknowledges that such activity can be perceived
as conflicts of interest.
As an employee, you are governed by provincial legislation if an employee wants to seek election to a
position on the Malahide Municipal Council. If an employee wants to seek election to the Ontario
Legislature or the Parliament of Canada, they are entitled to a leave of absence without pay from the
nomination date until such time as it is clear that they become either a successful or unsuccessful
candidate.
Concurrent Employment
Concurrent employment or self-employment while employed by the Township (full-time, part-time,
casual or on a contract basis) can be seen as a perceived conflict of interest, if the employee's specific
skills, knowledge or contracts as a Municipal employee are valued by another person, business or
organization.
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Employees require the approval of Chief Administrative Officer/Clerk to engage in concurrent
employment or self-employment in a profession related to the position they hold with the Township of
Malahide.
Employees will not require the approval of the Township if:
they are solely a director of a company where the company has no contractual or other
business relationship with the Township;
their concurrent employment does not involve the specific skills, knowledge or contacts
employees possess as a Municipal employee; or
the work is unpaid voluntary work of a charitable or non-profit nature.
To be considered for approval, the Chief Administrative Officer/Clerk will balance the interests of the
Township with employees' private interests, and will not approve their concurrent employment if:
it places the employee in a conflict with their official duties;
it affects the employee's ability or the ability of other employees of the Township to perform
their duties and functions; and
it occurs during scheduled working hours with the Township.
To be approved, employees must submit a statement which includes:
details of the proposed employment or self-employment and the proposed hours and times
of employment;
a statement whether the proposed employment impacts on an employee's ability to work
shifts, overtime, or on-call, including their availability in case an emergency is declared;
a statement of the contracts, if any, with other Municipal employees occurring as a result of
the concurrent employment; and
a statement whether any confidential or otherwise protected information, or property of the
Township may be impacted by the concurrent employment.
Use of Municipal Property
All municipal property, including equipment, tools vehicles, monies, computer hardware and program
licenses, electronic and paper files, technological innovations, intellectual property or any other item
developed by or through the Township or any of its employees is, and shall remain the property of the
Township.
Employees must request in writing and receive written permission of their supervisor or the Chief
Administrative Officer to use Municipal property for activities not associated with the performance of
their duties as a Municipal employee.
Personal Conduct
Employees are expected to:
whether during working hours or on personal time, conduct yourself in a friendly, courteous
and professional manner with all co-workers and the ratepayers;
report to their Supervisor any criminal charges sustained by the employee
report to their Supervisor any impacts to the validity of their required qualification in
accordance with their position job description.
maintain the highest ethical standards and refrain from gossip;
contribute to the efforts of the team and offer their assistance wherever required, whether
or not such assistance falls within the normal duties of their job;
co-operate freely;
do their part to ensure the smooth operation of the Township;
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consider whether they can do something themselves before asking for help;
be honest, trustworthy, reliable and dependable in fulfilling all of their duties;
take direction from and work co-operatively with their Director or Supervisor; and
support the creation of a respectful and harmonious working environment and not
participate or condone the use of inappropriate language, including but not limited to
swearing, excessive sarcasm, name calling, mocking, or the use of vulgar, obscene,
insulting, threatening or abusive language.
Enforcement
Complaints regarding contravention of this Employee Code of Conduct must be in writing and may be
made by any person, including employees and members of Council. Complaints must be filed with the
Chief Administrative Officer/Clerk.
The Chief Administrative Officer/Clerk shall have responsibility for enforcing this Employee Code of
Conduct. The Chief Administrative Officer/Clerk shall have the power to investigate any complaints
and to proceed with any action which is deemed appropriate, subject to any collective agreement
provisions if necessary.
The Chief Administrative Officer/Clerk or Council has the ability to request limited disclosure of
financial information in the event that the following officials are subject to a complaint regarding a
pecuniary interest:
Penalty
Chief Administrative Officer/Clerk
All Directors
Deputy Treasurer/Tax Collector
Deputy Clerk
All employees involved in purchasing or awarding or approving of contracts; and
All employees whose compensation exceeds $60,000.00 annually.
If an employee is found to contravene any section of the Employee Code of Conduct, they are liable
to, based on the serious nature, frequency and severity of the contravention:
verbal or written warning;
suspension with or without pay; and/or
Dismissal
All employees have an ability to appeal a decision of the Chief Administrative Officer to the Municipal
Council.
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Ap pe ndix E
Checklist of Requirements to be met for Proposal
~----~;;,,
Specific Mandatory Requirements Checklist
Check if Mandatory Procedural Forms: Completed
----··
Form of Proposal -Technical Submission (Sealed Envelope)
Form of Proposal -Schedule of Prices (Sealed Envelope)
A Copy of the Proponent's Commercial Vehicle Operator's Registration (CVOR)
Abstract
A Copy of the Proponent's Certificate of Approval of a Waste Management
System (Waste Hauler's Certtflcate)
-
Proof of Insurance --
Mandatory Financial Forms:
Bid Deposit
Agreement for either: Performance Bond, Payment Bond, Performance Security
and/or Letters of Credit
--
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16.0 FORM OF PROPOSAL
AT LEAST ONE SIGNED ORIGINAL OF THIS FORM OF PROPOSAL MUST BE INCLUDED
IN YOUR SUBMISSION
16.1 Please state terms of payment (Note: Early payment discounts wi ll be considered in the award
of the contract, and will apply after taxes):
16.2 I/WE, the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no
person, firm or corporation other than the one represented by the signature ( or signatures) of
proper officers as provided below, has any interest in this proposal.
16.3 I/WE further declare that all statements, schedules and other information providad in this
proposal are true, complete and accurate in all respects to the best knowledge and belief of the
Proponent.
16.4 ltWE further declare that this proposal is made without connection, knowledge, comparison of
figures or arrangement with any other company, firm or persons making a proposal and is in all
respects fair and without collusion for fraud.
16.5 I/WE further declare that the undersigned is empowered by the Proponent to negotiate all
matters with the Corporation representatives, relative to this proposal.
16.6 WE further declare that the agent listed below is hereby authorized by the Proponent to submit
this proposal and is authorized to negotiate on behalf of the Proponent.
16.7 I/WE have allowed for Addenda numbered as follows: # ___ through to# __ _
Failure to acknowledge all addenda will result in your proposal being rejected.
COMPANY NAME: ___ _ -------
ADDRESS: _______________ _
CITY/PROVINCE: __ _
POSTAL CODE/ZIP CODE
AUTHORIZED SIGNATURE: _____________ TITLE. ______ _
I/WE are authorized to bind the COMPANY/CORPORATION
NAME (Please print or type): _________________________ _
TELEPHONE NUMBER ( ) _____ FAX NUMBER....._._.._ _____ _
HST REGISTRATION# _____ _
EMAIL ADDRESS ________________________ _
DATE OF PROPOSAL ________________________ _
NOTE: Please return page 56 completed with your Technical Submission and Financial Proposal on
or before 2:00 pm, Local Time, Tuesday February 28, 2012.
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~ -·---
AGRREMI£NT TO BOND
WE, the undersigned, HEREBY AGREE to become bound as Surety for
---------··-----
in a bond totaling ONE HUNDRED PERCENT (100%) of the CONTR.AC"l ~mou.nt, and t onfonni1,g 10 the
Instruments of Contract attached hereto, for the full and due performance of th¢ works shown or dl'.,i,~.r iht:d
herein, if the Tender for ----
is accepted by the Owner.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a
Performance Bond must be made to the undersigned within TEN (10) DAYS of Notice of Contract Award,
olh~rwisc the Agrcnnen1 shall be null and void.
DATEDAT _________ this ___ dayof ________ 20
Name of Bonding Company
Signature of Authorized Person
Signing for Company
(l:K>NDlNG COMP ANY SEAL)
Position
(This Form shall be completed and attached to the Tender submitted in Envelope 1)
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~ -. -·-' ...• -,
I!:::::===========:,:!;,===========~-~====
To be completed and returne1J with t•:,n ·k➔r in Envelope i .
=J
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TENDERER'S EXPERIENCE
I Tenderer's Ex~erience in Similar Work I
Year Description of For Whom Value
Completed Work Work Performed
l .i ! !
I I
i !
l
!
To be completed and returned with tender in Envelope 1.
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---r -~ • • • ,_
PROPOSED SUBCONTRACTORS
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,1 list of Pro2osed Sub-Contractors ;:;:;_..,_., .. ..... ·,,,.-.:=
Name of Proposed Addmss of
Sub-Trade Sub-Contractor Sub-Contractor
1; -----·-----...
t
'
\
f1 ~ I
I I II .. --====-!;!.'!=~~:---.. ,, .. ..., ..... _.,.
To be completed and returned with tender in Envelope 1.
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Technical Submission Verification
------·-,. -· --·r --' -~-7, ITEM i ' STOPS PER WH --! ·~t}~M'~fT~ll,;; P ''.: it,1~f't :1 NO. DESCRtPTION t
I I I -•-11-~ ' ' r'•"•r, i}'lt11 , ' ·---.J. ___ -=:;~~-,,~~--"'lj
Part A-Curbside Collection of Recyclables
A.1 Municipality of Bayham I 11 2753 stops per week ⇒----~ -
5,500 stops per ~
A.2 Municipality of Central Eloin week ,: ---------------ti
A.3 Township of Malahide 2904 stops per week -----i ____ -~--, -
All three municipalities (Bayham, i 11,160 stops per
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A.4 Central Elain, Malahidej _______ L week __ ___ _L ___ 1
Patt B -Curbside Collection of Garbage ··---------. -· ----i
8.1 Municipality of Bavham 2753 stops per week ! :~
·------1 5,500 stops per
B.2 Municipality of Central Eloin week
B.3 Township of Malahide 2904 stoos per week
--·:1
'I ·--·---~
All three municipalities (Bayham, 11 , 160 stops per ii
8.4 Central EIQin, Malahide) week l;
Patt C ~ Curbside Collection of Leaf and Yard Waste {weeklv. 4x snrlna, 4x fall ~
C.1 Municioalitv of Bavham 1219 stoos oer week =:_~ C.2 Municipalitv of Central Elain 3300 stops oer week I
C.3 Township of Malahide 573 stops per week I!
All three municipalities (Bayham, \I \ C.4 Central EIQin Malahide) I 5092 stops per week ~ ---,,
I! Patt D -Bulk Bin Collection u
D. 1 Municioalitv of Bayham i 20 yard bin (s) ij
!: 6 yard bin (s) !I
D.2 Municipality of Central EIQin 1 20 yard bin (s} ~ -. --·-
6 yard bin (s} I --------·--•---11 D.3 Township of Malahide 4 yard bin (s) ~ -=--=-l!
---
------6 vard bin {s)
All three municipalities (Bayham, I I . /I
D.4 Central E!Qin)v1alal1ide) I I J -~ --
To be completed and returned with tender in Envelope 1.
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Pricing Submission
-·--·--. ,-------. -· ·--
ITEM I j I PRK:EPER I TOTAL COST NO. I DESCRIPTION : STOPS PER WEEK STOP PER PER YEAR (ax ! j (a) I YEAR (b) I b' i ' -
Part A -Curbside Collection of Recyclables ----·-.•··-~
A.1 Municipality of Bavham 2753 stops per week $ $ -·-·-···------------5,500 stops per
A.2 Municioalitv of Central Elain week $ $ -· .... ---------··--
A.3 Township of Malahide 2904 stops per week $ $ ---·• ---
All three municipalities. (Bayham, I i 1,160 stops per
A.4 Central EIQin, Malahj qe_l -·-·--J ~~ee~ .. ,--$ -----•·--· $ ---,-~----• Part B -Curbside Collection of Garbaae -------------
8 .1 Municioalitv of Bavham 2753 stops per week $ $ --•--#••-
5,500 stops per
8.2 Municipality of Central EIQin week $ $ -· -----·--·~
8.3 Township of Malahide J904 sto~s p_er_ week $ $
All three municipalities (Bayham, 111,160 stops per I
BA Central Elqin, Malahide) we_§~k $ $ I
-I -Part C -Curbside Collection of Leaf and Yard Waste (weeklv, 4x soring, 4x ta.!!~ ~
I C.1 Municipality of Bavham 1219 stops per week $ ($ I l s I C.2 Municipalitv of Central Elain 3300 stops per week $
i
C.3 Township of Malahide 573 stops per week $ $
All three municipalities (Bayham,
C.4 Central Elain, Malahide) 5092 stops per week $ $
r,reM-f--
.. w••-• . .:;;::•••·==---••.;:;= .-:;..'--_"").:;.:.,.~.4""'1'Y,.:;:,;T,: ••
i I NO. l DESCRIPTION l BIN CAPACITY PRJCE PER UFT INCLUDING I I ! I I DlSPOSAL
Part D -Bulk Bin Collection ··-
D. 1 Municipalitv of Bavham 20 vard bin (s) $
6 yard bin (s) $ --·-----· --
D.2 Municioality of Central Elain 20 vard bin (s) $ -· --·
6 yard bin (s) $ ----------
D.3 T ownshio of Malahide 4 vard bin (s) $
6 yard bin (s) I $
D.4
All three municipalities (Bayham, ! 4 yard bin (s) 1$ Central Elgin, Malahide)
I
6 yard bin (s) $
20 yard bin (s) $
All prices are inclusive of all taxes and fees. To be completed and returned with tender in Envelope 2.
I
i ·---87
■
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•
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1 YO
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham.on.ca
W: www.bayham.on.ca
December 6, 2018
Norfolk Disposal Services Ltd.
811 Old Highway 24
Waterford, ON NOE 1 YO
Re: Agreement No. 0185-08 Waste Management Services Agreement
This correspondence is in regard to Agreement No. 0185-08 between the Municipality of Bayham and
Norfolk Disposal Services Limited for provision of curbside waste management collection services.
At this time the Municipality of Bayham will exercise one (1) of its renewal options pursuant to Section
15.4 of Agreement No. 0185-08. As such the Agreement will be up for renewal consideration again by
the Municipality on June 1, 2020.
Please let staff know if you require any additional information.
Regards,
Paul Shipway
CAO I Clerk
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham on.ca
W: www.bayham.on.ca
December 6, 2019
Norfolk Disposal Services
Ltd. 811 Old Highway 24
Waterford, ON NOE 1Y0
Re: Agreement No. 0185-08 -Waste Management Services
At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December
5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend
Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited
for provision of curbside waste management collection services.
At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In
all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged.
Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where
indicated and returning the same.
I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No . 0560
Norfolk Disposal (Authorized Signature) Date
Please do not hesitate to contact the undersigned should you require any additional information.
Regards, ~-----
Paul Shipway
CAOIClerk
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham on.ca
W: www.bayham.on.ca
December 6, 2019
Norfolk Disposal Services
Ltd. 811 Old Highway 24
Waterford, ON NOE 1Y0
Re: Agreement No. 0185-08 -Waste Management Services
At the regular meeting of the Council of the Corporation of the Municipality of Bayham held December
5, 2019 the Council of the Corporation of the Municipality of Bayham provided staff direction to extend
Agreement No. 0185-08 between the Municipality of Bayham and Norfolk Disposal Services Limited
for provision of curbside waste management collection services.
At this time, by mutual agreement, Agreement No. 0185-08 will be extended until June 1, 2023. In
all other respects, Agreement No. 0185-08 is hereby confirmed and remains unchanged.
Please indicate your acceptance of this Amendment to Agreement No. 0185-08 by signing below where
indicated and returning the same.
I, Norfolk Disposal, acknowledge Amendment noted above to Agreement No . 0560
Norfolk Disposal (Authorized Signature) Date
Please do not hesitate to contact the undersigned should you require any additional information.
Regards, ~-----
Paul Shipway
CAOIClerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z795-2025
WEBER
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “E” (Richmond) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-17)’ Zone, which lands are outlined in heavy solid lines and marked “HR-17” on Schedule “E” (Richmond) to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.17.1 Defined Area
HR-17 as shown on Schedule “E” (Richmond) to this By-law.
9.12.17.2 Minimum Lot Frontage
19.9 metres
9.12.17.3 Minimum Lot Area
755.0 m2
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z796-2025
ABELL
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend
Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule ‘A’
Map No. 13 by changing the zoning symbol on the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-50)’ Zone, which lands are outlined in heavy solid lines and marked “A1-50” on Schedule ‘A’ Map No. 13 to this By-law, which schedule is attached to and forms part of this
By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.50.1 Defined Area
A1-50 as shown on Schedule ‘A’ Map No. 13 to this By-law.
5.12.50.2 Regulations for Additional Residential Units
Notwithstanding the provisions of Sections 4.59.e) and f) of this By-law, the following shall apply:
a) Maximum Gross Floor Area:
b) Maximum Distance from
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
74% (139.4 m2) of the primary dwelling unit (188.0 m2) shall be permitted.
the Primary Dwelling Unit: 61.1 metres
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z797-2025
GLOIN / GRUBE
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “D” (Eden) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-18)’ Zone, which lands are outlined in heavy solid lines and marked “HR-18” on Schedule “D” (Eden) to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.18.1 Defined Area
HR-18 as shown on Schedule “D” (Eden) to this By-law.
9.12.18.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Sections 9.5.1 and 9.7, of this By-law, the following shall apply:
a) Maximum Height: 5.3 metres
b) Maximum Floor Area: 93.0 m2
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF JANUARY 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JANUARY 2025.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-005
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JANUARY 16, 2025
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held January 16, 2025 is hereby adopted
and confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby
authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th
DAY OF JANUARY, 2025.
____________________________ _____________________________
MAYOR CLERK