2004-135 To Appoint An Auditor and to Repeal By-Law 2001-092
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-135
A By-law to Appoint An Auditor and to
Repeal By-Law 2001-92
WHEREAS 8.296(1) of the Municipal Act, 8.0. 2001, c. 25, as amended, provides that
the Council of every municipality shall appoint an auditor;
AND WHEREAS Council deems it expedient to do so;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That Gaviller & Company of Collingwood, Ontario be appointed as Municipal
Auditor;
2. That the appointment shall be for the fiscal years 2004, 2005 and 2006;
3. That By-Law No. 2001-92 is hereby repealed;
4. That this By-Law come into force and take effect on January 1, 2004.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF DECEMBER,
2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF
DECEMBER, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~'~~
M or, J. Neil Craig
OPdo::.S-- O~ .
GENERAL MUNICIPAL LICENCE AGREEMENT
OPMA ASSESSMENT MAPPING DATA PRODUCTS
APPENDIX SA
MPAC PRODUCT/SERVICE SHEETS AND RELATED TERMS AND CONDITIONS
TIDS OPMA PRODUCT/SERVICE DELIVERY AGREEMENT (the "Agreement") is made as of the
"Effective Date" noted below between Municipal Property Assessment Corporation, a corporation formed
pursuant to the Ontario Property Assessment Corporation Act, and continued under the Municipal Property
Assessment Corporation Act, 1997, with its head office at 1305 Pickering Parkway, Pickering Ontario, Ll V
3P2,and the MUNICIPAL CLIENT identified below (the "Client").
Client Name
The Corporation of The Township of Oro-Medonte
Client Address
148 Line 7 South Box 100 Oro ON LOL 2XO
Client Telephone
Number
705-487-2171
Client Facsimile Number 705-487-0133
Name of Client
Business Contact
Paul Gravelle
Business Contact 705-487-2171
Telephone Number
Business Contact
Facsimile Number
705-487-0133
Business Contact
email Address
treasury@oro-medonte.ca
Effective Date of the May 9, 2005
Agreement
WHEREAS Client has been granted a licence to certain Ontario Parcel data products by MPAC (as defmed
thereunder) under a GENERAL MUNICIPAL LICENCE AGREEMENT - OPMA ASSESSMENT MAPPING
DATA PRODUCTS having an effective date of August 11, 2004 (the "GENERAL MUNICIPAL LICENCE
AGREEMENT - OPMA ASSESSMENT MAPPING DATA PRODUCTS"), which agreement, among other
matters sets out the rights and obligations of Client with respect to the Products (as defined thereunder),
AND WHEREAS the additional Products selected by client are set out in the this Agreement together with
delivery particulars and fees;
AND WHEREFOR FOR VALUABLE CONSIDERATION, the parties agree to the terms and conditions set out
in the General Terms and Conditions and all appendices and schedules attached hereto.
FOR MPAC
FOR THE CLIENT
Si turelTitlelDate J. N e i 1
I bave autbority to biud tbe Clieut
Ii!- 4-~81-(~
SignatureITitlelDate - I bave autbority t
Marilyn
May 25,
,
Date
Mayor
, 2005
I'
Clerk
CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION
This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation.
General Municipal licence Agreement - OPMA Assessment Mapping Data Products, February 15,2005
OPMA PRODUCT/SERVICE DELIVERY AGREEMENT
GENERAL TERMS AND CONDITIONS
1.0 DefInitions. In this Agreement, the following
capitalized words shall have the following meanings
ascribed to them:
"Agreement" means this document and includes the
General Terms and Conditions and all appendices and
schedules, Product/Service Sheets and any written
amendments signed by both parties and appended hereto;
"Municipal ConnectTM Licence Agreement" means the
prevailing agreement between MP AC and Client for
delivery by MPAC to Client of product known as
Municipal ConnectTM, and
"OPMA" means the Ontario Parcel Master Agreement
dated April 22, 2002, between MP AC, the Municipal
Property Assessment Corporation ("MP AC") and Her
Majesty the Queen in Right of Ontario Represented by the
Minister of Natural Resources ("MNR"), as amended from
time to time; and
"Products" means data products and any product updates
described in the Product/Service Sheets attached hereto
from lime to lime (each a "Product/Service Sheet"), and
includes any documentation identified in a Product/Service
Sheet.
2.0 DELIVERY. MPAC shall deliver the Products
set out in attached Product/Service Sheets to Client, which
Product/Service Sheets sets out the delivery particulars
applicable to a Product, including without limitation
Product description, delivCty term, update frequency and
schedule and method of delivCty. MP AC and its suppliers
are not required to provide any documentation, updates,
fIxes, new versions, new releases, maintenance andlor
support of any kind for a Product except as is expressly set
out in a Product/Service Sheet. Client acknowledges and
agrees that its use and dissemination of the Products and
products that are derived from or based on the Products is
in all respects subject to the terms and conditions set out in
the Municipal Agreement and "Municipal Connect™
Licence Agreement.
3.0 Termination of Delivery. Client acknowledges
that MP AC shall have the right to cease providing some or
all of the Products under this Agreement in the event of:
(a) termination or expiration of the OPMA. Client
acknowledges that no maintenance for Products shall
be provided by MP AC under this Agreement after
expiration or termination of the OPMA;
(b) termination or expiration of the General Municipal
License Agreement - OPMA Assessment Mapping
Data Products Agreement;
(c) termination or expiration of the Municipal Connect™
Licence Agreement; or
(d) any applicable law, regulation, order or government
policy which restricts or precludes the collection, use
or disclosure of the Products or any part thereof by
Licensor, or the use of or access to the Products or
part thereof by Municipal Licensee and the
Sublicensees;
(e) any determination by a court or tribunal which
restricts or precludes the collection, use andlor
disclosure of the Products, or any part thereof, or the
use of or access to the Products;
(t) anyone of the Licensor's Suppliers terminate
Licensor's right to sublicense the Products, or any part
thereof;
(g) Municipal Licensee is required to disclose or release
the Products (in whole or in part or as part of a
Bundled Product), a Derivative Product or a Resulting
Product under an order or decision of a court, tribunal
or other authority of competent jurisdiction (including
without limitation, an order under the Municipal
Freedom of Information and Protection of Privacy Act
(Ontario) or other legislation), which order or decision
is not stayed or under judicial review.
4.0 DELIVERY AND SUPPORT FEES AND
OTHER FEES AND CHARGES. The fees (if any)
payable for the delivery of the Products provided by
MP AC hereunder, including without limitation delivery
and support fees, are set out in Product/Service Sheets
attached hereto from lime to lime. Client shall be
responsible for and bear all taxes in effect from lime to
lime related to its obtaining the Products hereunder. All
such fees and taxes shall be paid by Client to MP AC.
5.0 WARRANTIES. Client and MPAC represent
and warrant to each other as follows: (i) it has the power to
and is authorized to enter into this Agreement; (ii) the
carrying out of this Agreement will not breach or interfere
with any other agreement which it has entered into; and
(iii) it will not enter into another agreement the carrying
out of which would interfere with the canying out of this
Agreement.
6.0 INDEMNITY. Client will indemnify, defend and
save harmless MP AC and its affiliates and their suppliers,
and their officers, directors, agents, employees and
representatives (collectively, the "Indemnitee") against any
claims that arise due to the use of the Products by Client or
any other person or from any breach of obligations of
Client hereunder, and Client will pay the resulting costs,
damages, reasonable legal fees, penalties and expenses of
any kind whatsoever finally awarded.
7.0 NO WARRANTIES, LIMITATION OF
LIABILITY. Client acknowledges that Indemnitee makes
no warranties with respect to the Products and that the
Products are provided on an "as is" and "as available"
basis, without any warranties, representations or
conditions, express or implied including warranties,
representations or conditions of merchantable quality,
fitness for a particular purpose or non-infringement of
third party rights, or those arising by law or by usage of
trade or course of dealing. The entire risk as to tbe
results and performance of the Products is assumed by
CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION
This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation.
General Municipal Licence Agreement- OPMA Assessment Mapping Data Products, FebruaJ)' 15,2005
Client. Client further acknowledges tbat Indemnitee
shall not have any liability to Clieut or any other
person for any loss of revenue, profIt or savings, lost or
damaged data, or other commercial or economic loss,
or any indirect, incidental, special or consequential
damages whatsoever, even if such Indemnitee has been
advised of the possibility of such damages, or for claims
of any nature by a third person against Indemnitee.
Notwithstanding anything else in this Agreement,
MPAC's masimum aggregate liability to Client or any
otber person for auy cause whatsoever related to this
Agreement not to exceed tbe license fees actually paid
by Client, if any, in the twelve months preceding the
date of any claim, or, if uo license fee has been paid, $1.
Client acknowledges that Products are based on
information med with certain suppliers and this section
is included for the beuefIt of, and cau be relied on by,
such suppliers. This section sball apply whether or not
liability results from a breach of a term or coudition or
a fundamental breach of tbis Agreement. This section
shall survive the termination of this Agreement.
8.0 TERM AND TERMINATION. This Agreement
shall commence on the Effective Date and terminate on the
earlier of the following:
(a) on completion of all MPAC Products delivCty
obligations set out hereunder;
(b) Client is in default of a material obligation under this
Agreement, and the default is not cured within thirty
(30) calendar days of receiving the notice from
MPAC;
(c) the earlier of termination or expiration of the OPMA;
(d) the earlier of expiration or termination of the General
Municipal License Agreement - OPMA Assessment
Mapping Data Products Agreement;
( e) the earlier of termination or expiration of the
Municipal Connect™ Agreement, or
(1) any applicable law, including but not limited to order
is issued by the office of the Information and Privacy
Commissioner of Ontario, restricts or precludes the
delivCty of the Products or any part thereof.
9.0 GENERAL. Any notice given in accordance with
this Agreement shall be in writing and the effective date of
any such notice, if mailed, shall be the fifth (5th) business
day following the date of mailing date, if hand delivered,
shall be the date of delivery, and if delivered by facsimile
transmission, shall be the frrst (1 ") business day following
transmission (with confirmation copy mailed). The
addresses for notice are as follows: (a) for MPAC to the
attention of the Vice-President of Customer Relations at
the address set out on the face page or by facsimile to (905
837-6280); and (b) for Client to the business contact at the
address or fax number set out on the face page of this
Agreement. Client may not assign this Agreement or any
of its rights and obligations hereunder without the prior
written consent of MPAC. This Agreement will enure to
the benefit of and be binding upon the parties and their
respective permitted successors and assigns. This
Agreement may not be changed except by written
amendment signed by Client and MP AC. No provision of
this Agreement may be waived except in writing signed by
the party giving the waiver. Only a signing officer of
MP AC bas the authority to change or waive this
Agreement. This Agreement shall be governed and
construed in accordance with the laws of the Province of
Ontario, Canada. If any provision of this Agreement is
declared by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provisions shall be
severed from this Agreement and the remaining provision
shall remain in full force and effect. Client agrees to
comply with all applicable laws, including without
limitation any privacy and access to information laws,
relating to the use of Products and products derived from
or based on the Products. All sections intended to survive,
including all warranties and indemnities, shall survive the
termination of this Agreement. The Agreement, and the
provisions of the Municipal Agreement, is the entire
agreement with respect to the delivery of the Products and
supersedes any other agreement or discussion, oral or
written.
End
CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION
This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation.
General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, February 15, 2005
~
MUNICIPAL CONNECT™ GIS VIEWER-BASIC
PRODUCT~ERVICESHEET
1.0 PRODUCT/SERVICE DESCRIPTION
Municipal Couuect™ GIS Viewer - Basic, is an internet Geographic Information System (GIS) integrated with
Municipal Couuect. The GIS Viewer provides licensed users the ability to utilize Ontario Parcel mapping and
Assessment data in one application.
2.0 DELIVERY TERMS
Municipal Couuect™ GIS Viewer - Basic, is delivered via the Internet to the Municipal Administrator who then
has authority to distribute the Product/Service to municipal staff to support their planning purposes. The delivery
fees payable for delivery of the Product/Service are set out below, which amounts are exclusive of applicable taxes
in effect from lime to lime and are due and payable on the payment due dates set out below:
3.0 TERMS OF USE
The Ontario Parcel data content (assessment polygons and Assessment Roll Nwnbers) as displayed in Municipal
Couuect™ GIS Viewer - Basic, and the associated terms and conditions of use are licensed under the the General
Municipal License Agreement - OPMA Assessment Mapping Data Products Agreement. All other data within
Municipal Couuect™ GIS Viewer - Basic, and the associated terms and conditions of use are licensed under the
"Municipal Couuect™ Licence Agreement.
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, Payment Period ' Payment Due Date . Amonnt of Delivery and Support Fees
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Total Delivery Fees . No Charge i
(exclusive of applicable taxes)
CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION
This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation.
General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, February 15, 2005