2018-100 Enter into a Water and Wastewater Systems Operations Agreement between The Corporation of the Township of Oro-Medonte and Big Cedar (Oro) Residents Association and to Repeal By-law No. 2005-100The Corporation of the Township of Oro-Medonte
By -Law No. 2018-100
A By-law to Enter into a Water and Wastewater Systems Operations Agreement
between The Corporation of the Township of Oro-Medonte
And Big Cedar (Oro) Residents Association
And to Repeal By -Law No. 2005-100
Whereas Section 11 of the Municipal Act 2001, S.O. 2001, c. 25, as amended,
authorizes the Council of a Municipality to provide any service or thing that the
municipality considers necessary or desirable for the public;
And Whereas Section 23 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Council of a Municipality to enact a by-law to enter into an agreement
with any person to operate a private water works;
And Whereas Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
And Whereas The Corporation of the Township of Oro-Medonte deems it desirable to
enter into an agreement with the Big Cedar (Oro) Residents Association to operate the
water and wastewater systems at Big Cedar;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the Mayor and Clerk be authorized to execute the Water and Wastewater
Systems Operations Agreement, shown as Schedule "A" attached hereto and
forming part of this By-law.
2. That By -Law No. 2005-100 be repealed in its entirety.
3. That this By-law shall come into full force and effect on January 1, 2019 for a two
(2) year period.
By-law read a first, second and third time, and passed this 14th day of November,
2018.
The Corporation of the Township of Oro-Medonte
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
WATER AND WASTEWATER SYSTEMS
OPERATIONS AGREEMENT
WITH
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
rrSDAR Ear
n Toumship of
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BIG CEDAR (ORO) RESIDENTS ASSOCIATION
WATER AND WASTEWATER SYSTEMS
OPERATIONS AGREEMENT
This Agreement made, in duplicate, this t0 day of c—�,cpxs-� 2018.
BETWEEN: BIG CEDAR (ORO) RESIDENTS ASSOCIATION
Hereinafter referred to as the "Owner"
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter referred to as the "Township"
WHEREAS the Owner has constructed a water and wastewater supply and distribution
system to service Big Cedar (Oro) Residents Association.
WHEREAS the Owner has obtained Ministry of the Environment and Climate Change
Permit to Take Water #2343-8SKST9, dated March 30, 2012, which supplies water to this
system.
WHEREAS the Owner has obtained Ministry of the Environment and Climate Change
Certificate of Approval #3155-68UQ33, dated January 27, 2005, for the operation of the
sewage works.
WHEREAS the water and wastewater systems are to be operated in accordance with the
Ontario Water Resources Act, R.S.0.1990, Chapter 0.40, and Safe Drinking Water Act,
as amended ("the Acts").
WHEREAS the Owner requested the Township to conduct testing and operation of their
water and wastewater systems in accordance with "the Acts".
WHEREAS this Agreement is valid fortwo (2) years from the date in which this Agreement
is signed.
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 116
THEREFORE, the parties to this Agreement agree to the following:
The Township shall operate Big Cedar Estates' water supply and distribution
system, and wastewater pumping station and collection system, utilizing licenced
Operators, in order to meet the requirements of the Ontario Water Resources Act,
the Safe Drinking Water Act, 2002, as amended, and applicable provincial
legislation.
2. The Township shall be responsible for all sampling and testing, in order to meet
the requirements of the Ontario Water Resources Act and the Safe Drinking Water
Act, 2002, and O. Reg. 170/03, as amended.
3. The Township shall be responsible for the following operating requirements:
WATER
• Twice weekly grab sample testing of the chlorine residual at the pumphouse
and in the distribution system; record well flows, distribution flows, check
operation of well and pumphouse, make any minor adjustments, and record
all information in a log book to be located in the pumphouse
• Twice monthly microbiological sampling in the distribution system
• Twice monthly microbiological sampling of raw water
• Chemical and microbiological testing requirements, as per O. Reg. 170/03,
as amended
• Annual calibration of flow meters
• Water quality testing for the Clubhouse, as per O. Reg. 252/05, as amended
• All repairs to equipment within the pumphouse or well house would be the
responsibility of the Owner. Any repairs completed by Township staff upon
approval by the Owner, would be charged to the Owner at an hourly rate,
plus materials
• All repairs to the distribution system would be the responsibility of the
Owner. Township staff would be notified of these repairs and would be
responsible for operating any valves or hydrants
• Alternate the pumphouse pumps usage every 30 days
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 216
WASTEWATER
• Monthly sampling of raw effluent
• Cleaning of lift stations twice (2) annually
• Operate Effluent Spray System between May and November
• The collection of three (3) soil samples from spray fields, prior to Effluent
Spraying Season
• Grab samples of groundwater from each of the monitoring wells at
beginning, mid -point and end of each spray season
• The collection and recording of sludge profile measurements in effluent
ponds at the end of Effluent Spraying Season
• Alternate the flow valve from lagoon to lagoon annually, after the spray
fields are winterized
During Effluent Spraying Season (May to November):
• Monthly grab samples of lagoon effluent
• While spraying, recording of lagoon effluent flows to spray fields to ensure
the capacity of 460 m3/day is not exceeded
• While spraying, recording temperature and pH
4. The Owner shall be responsible for all reporting required by the Ministry of the
Environment, Conservation and Parks and to the public, in keeping with the
Ontario Safe Drinking Water Act, 2002, and applicable provincial legislation.
5. On a monthly basis, the Township shall invoice the Owner at an hourly rate of
$75.00 for regular working hours and $105.00 per hour for work performed outside
of regular working hours and statutory holidays.
6. By January 318i of each year, the Township shall provide the Owner with
information relating to the operation and maintenance of the water and wastewater
systems, in order to support other parties in the preparation of the annual budget
and system reporting.
7. The Township shall report to the Owner:
i. All water testing results, including actions taken to remedy any anomalies;
ii. Any non -routine system repairs, including costs;
iii. Any recommended system improvements.
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 316
8. The parties agree that the Owner shall hold the Township harmless, shall
indemnify the Township against all actions, claims, charges, fines, damages
whatsoever arising from or related to the Township's performance of this
Agreement, and fully compensate the Township for costs or loss thereof, including
payment of legal counsel, save and except for any charges, claims, fines or
damages that arise from the Township's operation and maintenance of the water
supply and distribution system regarding those matters set out in Sections 1 to 3
above, unless such charge, fine, claim or damage is due to the action, inaction, or
negligence of the Owner.
9. The parties agree to each respectively maintain adequate insurance in the amount
of not less than Five Million Dollars ($5,000,000.00), and to include each of the
other as co-insured, and to keep such policies in full force and effect. The Owner
must supply the Township with a Certificate of Insurance upon signing this
Agreement and upon each policy renewal.
10. The Owner shall pay any invoices within 45 days of their receipt.
11. Delivery of any correspondence shall be deemed to have been received within
three (3) business days of its mailing by prepaid, first-class mail when addressed
as hereinafter provided:
1) To the Owner:
Big Cedar (Oro) Residents Association
21 Big Cedar Park Road
Oro-Medonte, Ontario
LOL1TO
ATTENTION: Office Manager
2) To the Township:
The Corporation of the Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario
LOL 2EO
ATTENTION: Manager, Environmental Services
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 416
Facsimiles shall be deemed to have been received upon receipt of notification of
successful transmission:
To Big Cedar Estates — (705) 325-4633
To the Township — (705) 487-0133
12. The parties to this Agreement agree that six months' notice, by either party, duly
served, shall constitute the official notification that this Agreement shall be null and
void on the last day of the month following receipt of said notice.
13. The parties agree and acknowledge that each is satisfied as to its jurisdiction to
enter into this Agreement. Therefore, each of the parties agrees that it shall not
question the jurisdiction of the Township, or of the Owner, to enter into this
Agreement or question the legality of any portion of the foregoing. The parties
hereto, their successors, assigns and lessees are, and shall be, stopped from
contenting otherwise at any proceeding before a court, tribunal or other body.
14. The parties hereto agree and acknowledge that the recitals are accurate and shall
form part of this Agreement and that by signing this Agreement, each party
warrants that all corporate and governmental actions necessary to bind the parties
to the terms of this Agreement, have been and will be taken.
15. This Agreement shall be construed with all changes in number and gender as may
be required by the context. .
16. Time shall be of the essence in this Agreement.
17. This Agreement shall be binding upon and enure to the benefit of the parties
hereto, their respective successors, and assigns.
18. In this Agreement, words denoting the singular include the plural and vice versa.
19. If any individual provisions of this Agreement are determined by a court of
competent jurisdiction to be illegal or beyond the power, jurisdiction or capacity of
either of the parties bound hereby, such provision shall be severed from this
Agreement and both the Owner and the Township agree that the remainder of the
Agreement shall remain in force and effect mutates mutandis. In such case, the
Owner and the Township agree to negotiate in good faith to amend this Agreement
in order to implement the intention as set out herein.
20. The obligation of the Township to maintain confidential information is subject to
the application of the Municipal Freedom of Information and Protection of Privacy
Act (MFIPPA).
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 516
IN WITNESS WHEREOF the Parties hereto duly executed this Agreement under seal.
Dated at 0/cp 17)pe Z.0 this !O day ofne,&&/y in the year 2018.
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Big Cedar (Oro) Residents Association
Water & Wastewater Systems —Operations Agreement Page 616