Special Authorities Required to Respond to Current Recyclable Materials Commodity Market Situation

A. THAT, subject to the conditions set out in C to G below, Council authorize such legal and contractual steps as are considered reasonably necessary by the General Manager of Engineering Services in order to provide continuous recycling of the City’s recyclable materials (and thereby prevent them from being disposed), including such steps, without limitation, as the re-negotiation and written amendment of existing contracts, termination and replacement of existing contracts with new short-term contracts (not to exceed 9 months) by mutual consent, termination and enforcement of existing or replacement contracts where appropriate, and issuance of notices of intent to contract, invitations to tender, or requests for proposal, and the awarding of contracts for same (on the basis of best value to the City) for terms not to exceed 2 years with the option to renew.

B. THAT, subject to the conditions set out in C to G below, the General Manager of Engineering Services be provided with the authority to sole source a contract for consulting services related to market analysis of the recycling commodities market with a value not to exceed $100,000.

C. THAT, all such legal and contractual documents be on terms and conditions satisfactory to the General Manager of Engineering Services, Director of Finance, and Director of Legal Services.

D. THAT, upon such approval by the General Manager of Engineering Services, Director of Finance, and Director of Legal Services, the Director of Legal Services be authorized to sign on behalf of the City all such legal and contractual documents as are necessary to implement A, B and C above.

E. THAT no legal rights or obligations will be created by the adoption of A to G or at any time after such adoption unless and until the applicable legal or contractual document and any other required legal documentation has been executed and delivered by the Director of Legal Services.

F. THAT, upon the execution of any amendment, replacement, or new contract, and in any event within 6 months from the date of the Administrative Report dated November 18, 2008 entitled “Special Authorities Required to Respond to Current Recyclable Materials Commodity Market Situation”, the General Manager of Engineering Services report back publicly to Council on the amendments, replacements, and new contracts, as applicable, entered into pursuant A to E above summarizing the steps taken to ensure that the City’s open, accountable and competitive procurement process was maintained to the extent possible in the extenuating circumstances imposed on the City by the sudden downturn in the global recyclable commodities markets.

G. THAT the source of funding for any of the costs associated with the implementation of the above be the Solid Waste Utility.

The Administrative Report dated November 18, 2008 , refers.

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