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03 26 2008 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, MARGH 2fi, 2008 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYERICONTEMPLATIONIREF~ECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF -- IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council Meeting of March 12, 2008. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a} Report Na. TR 2008-8, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO, re: Treasurer's Statement of Remuneration. b) Report No. BP 2008-15, Bruce Hoppe, Director of Building and Planning Services re: Site Plan Agreement 2007-SPA-11(Bella Vista Landscaping) Part of Lot 21, Concession 11, Oro, Parts 1 & 2, 51 R-5153; Tl1tV RO553818; Oro-Medonte, Being all of PIN #58549-0078 (LT} (29-31 Booth Street) Roll #4346-010-010-42800-0000 and Part of Lot 21, Concession 11, Oro, as in RO364064 Except 1 & 2, 51 R-5153; T1W RO553818; Ora-Medonte, Being all of PIN 58549-0079 (LT) (29-31 Booth Street) Roll #4346-010-010-42900-0000 [Refer to Item 18a}]. c) Report No. RC 2008-11, Shawn Binns, Manager of Recreation and Community Services re: Draft Strategic Facility Plan -Terms of Reference. 11. REPORTS OF MEMBERS OF COUNCIL.: None. 12. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on March 19, 2008. 13. CONSENT AGENDA: None. 14. COMMUNICATIONS: a) Oro-Medonte Chamber of Commerce, Annual Business Achievement Awards Dinner and Silent Auction, Monday, April 7, 2008, Heights of Horseshoe. b) Will Wonta, correspondence dated March 15, 2008 re: Discharge of Firearms. c) Chris Carrier, Mayar, Town of Callingwood, correspondence dated February 27, 2008 and Larry McCabe, Secretary-Treasurer, Ontario Small Urban Municipalities (OSUM), re: 2008 OSUM Conference & Trade Shaw, April 30-May 2, 2008, Collingwood. d) Judy Sutherland, President, Horseshoe Valley Property Owners Association, correspondence dated March 10, 2008 re: Request for Regulation of Vehicle Parking on Driveways in the Horseshoe Valley Residential Area. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Robin Dunn, Chief Administrative Officer, re: Property Matter (Ontario Realty Corporation, ORC, Potentially Surplus Provincial Property, Project #7792, Edgar Adult Occupational Centre, 1552 Bass Lake Sideroad West; and Project #7793, Line 2 North). b) Doug Irwin, Director of Corporate Services/Clerk re: Property Matter (Ski Trails Road, Request to Purchase Municipal Property, Churchill) c) Robin Dunn, Chief Administrative Officer, re: Personnel Matter (Fire). 18. BY-LAWS: a) By-Law No. 2008-036 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Bella Vista Landscaping Ltd. described as lands as follows: Part of Lot 21, Concession 11, Oro, Parts 1 & 2, 51 R-5153; T!W RO553818; Oro-Medonte, Being all of PIN #58549-0078 (LT) (29-31 Booth Street) Roll #4346-010-010- 42800-0000 and Part of Lot 21, Concession 11, Oro, as in RO364064 Except 1 & 2, 51 R-5153; T1W RO55381$; Oro- Medonte, Being all of PIN 58549-0079 (LT) (29-31 Booth Street) Roll #4346-010-010-42900-0000, Township of Oro- Medonte, County of Simcoe. b) By-Law No. 2008-039 A By-law to Authorize the Execution of a Contract between The Township of Ora-Medonte and The Orillia Public Library Board Far a Term of One Year and to Repeal By-law No. 2007-046. c) By-Law No. 2008-040 A By-law to Amend By-law No. 2007-021, being A By-law to Appoint Representatives to Various Committees/Organizations and Technical Support Groups. d) By-Law No. 2008-041 Being a By-Law to Authorize the Execution of a Funding Agreement Between the Township of Ora-Medonte and Her Majesty The Queen in Right of Canada as Represented by The Minister of Industry. 19. CONFIRMATION BY-LAW NO. 200$-037 20. QUESTIONS FROM THE PUBIC C<.ARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT TOWNSHIP OF OR©-MEDONTE REPORT `. Report No. TR2008-08 To: Council Prepared By: Paul Gravelle Meeting Date: March 26, 2008 Subject: Treasurer's Statement of Remuneration Motion # Roll #: R.M.S. File #: RECOMMENDATION{S): Requires Action For Information Only It is recommended that: 1. Report No. TR2008-08 be received. BACKGROUND: S. 284 of the Municipal Act stipulates that the Treasurer shall in each year on or before March 31St provide Council an itemized statement of remuneration and expenses paid in the previous year to each member of Council and each person, other than a member of Council, appointed by the municipality to serve as a member of any body, including a local board. ANALYSIS: Please find attached the treasurer's statement of remuneration and expenses for the year 2007. FINANCIAL: No further financial impact. POLICIEStLEGISLATION: Municipal Act Treasury March 26, 2008 Report No. TR2008-08 Page 1 of 2 ~; ,s, ; CONSULTATIONS: None ATTACHMENTS: Treasurer's Statement of Remuneration and expenses for the year 20Q7 CONCLUSION: This report and attachments should be received as information only. Respectfully submitted: s~ ,~ Paul Gravelle Treasurer SMT Approval 1 Comments: C.A.O. Approval !Comments: Treasury March 26, 2008 Report No. TR2008-08 Page 2 of 2 TOWNSHIP OF ORO-MEDONTE TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES FOR THE YEAR 2407 MEETING REGISTRATION ACCOMODATIONS, SALARY FEES FEES MEALS,ETC. MILEAGE TOTAL COUNCIL Harry Hughes 23,966.81 10,500.00 1,220.00 712.13 2,361.11 38,760.05 Ralph Hough 18,526.40 6,375.00 210.00 1,727.36 26,838.76 John Crawford 13,735.54 7,125.00 685.00 706.83 640.84 22,893.21 Mel Coutanche 13,735.54 9,000.00 685.00 808.81 1,660.56 25,889,91 Terry Allison 13,735.54 6,225.00 653.34 729.83 1,113.21 22,456.92 Sandy Agnew 13,735.54 8,490.56 373.33 18.05 2,018.90 24,236.38 Dwight Evans 13,735.54 7,575.00 1,097.00 729.83 1,123.61 24,260.98 111,170.91 54,890.56 4,923.67 3,705.48 10,645.59 185,336.21 COMMITTEE OF ADJUSTMENT Lynda Aiken 2,400.00 103.77 2,503.77 Michelle Lynch 2,625.00 343.39 2,968.39 Gary Potter 2,700.00 274.74 88.30 3,063.04 Rick Webster 2,550.00 274.74 581.51 3,406.25 Bruce Chappell 2,700.00 549.47 190.94 3,440.41 David Edwards 600.00 81.51 681.51 Allan Johnson 525.00 67.93 592.93 14,100.00 1,098.95 1,457.35 16,656.30 prepared by Paul Graveile, Treasurer March 17, 2008 TOWNSHIP OF ORO-MEDONTE TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES FOR THE YEAR 20Q7 MEETING REGISTRATION AGCOMODATIONS, SALARY FEES FEES MEALS,ETC. MILEAGE TOTAL PLANNING ADVISORY COMMITTEE Tom Kurtz 280.00 105.66 385.66 Linda Babulic 240.00 81.51 321.51 Roy Hastings 280.00 50.19 330.19 Mary C3'Farrel-Bowers 360.00 43.33 129.06 532.39 Carry Tupling 280.00 182.26 462.26 1,440.00 43.33 548.68 2,032.01 RECREATION ADVISORY COMMITTEE Mac Shiells 480.00 116.02 596.02 Robert Duncan 520,00 68.32 588.32 Reta Regelink 440.00 32.15 472.15 Carolyn Tripp 480.00 161.97 641.97 Bob Gregory 320.00 28.50 348.50 2,240.00 406.96 2,646.96 ACCESSIBILITY ADVISORY COMMITTEE Glen Taber 200.00 79.24 279.24 Bonnie Mac Dougall 160.00 10.57 170.57 Debbie Ball 160.00 75.47 235.47 Shirley Paterson 160.00 54.34 214 34 680.00 219.62 899.62 prepared by Paul Gravelie, Treasurer March 17, 2008 TOWNSHIP OF ORO-MEDONTE TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES FOR THE YEAR 20Q7 MEETING REGISTRATION ACCOMODATIONS, SALARY FEES FEES MEALS,ETC. MILEAGE TOTAL N OTTAWASAGA VALLEY CONSERVATION AUTHORITY John Crawford 939.60 315.00 1,254.60 Ruth Fountain 76.86 40.50 117.36 Sandy Agnew 1,017.90 450.00 1,467.90 2,034.36 805.50 2,839.86 LAKE SIMCOE CONSERVATION AUTHORITY Sandy Agnew 802.10 1,088.55 1,890.65 Paul Marshall 246.80 237.60 484.40 1,048.90 1,326.15 2,375.05 LAKE SIMGOE REGIONAL AIRPORT Jahn Crawford 1,583.36 1,583.36 Terry Allison 989.60 g8g.60 Len Leach 2,216.64 2,216.64 4,789.60 4,789.60 prepared by Paul Gravelle, Treasurer March 17, 20Q8 ~f ~_. TQWNSKIP OF ORO-MEDUNTE .~ ~ REPC)RT Report No. To: Council Prepared By: BP 2008-015 Adam Kozlowski, Planner Meeting Date: Subject: Site Plan Agreement Motion # March 26, 2008 2007•SPA-11 (Bella Vista Landscaping) Roll #: Part of Lot 21, Concession 11 R.M.S. File #: D11 37362 4346-010-010-42800 ORO Parts 1 & 2, 51 R-5153; 4346-010-010-42900 T/1t1f RO55381$; ORO- MEDONTE Being all of PIN #58549-0078 (t_T) (29-31 BOOTH STREET) Roll #4346- 010-010-42800-0000 AND Part of Lot 21, Concession 11 ORO as in RO364064 Except 1 & 2, 51 R-5153; T/W RO55381$; ORO-MEDONTE Being all of PIN 58549-0079 (LT) (29-31 BOOTH STREET) Roll #4346- 010-010-42900-0000 RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report Na. BP 2008-015 be received and adopted. 2. THAT the Township of Oro-Medonte enter into a Site Plan Agreement with Bella Vista Landscaping to construct a new 926.71 square metre commercial building at 29-31 Booth Street. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with Bella Vista Landscaping for the lands described as Part of Lot 21, Concession 11 ORO Parts 1 & 2, 51 R-5153; T/W RO553818; ORO-MEDONTE Being all of PIN #5$549-0078 (LT) (29-31 BOOTH STREET) Roll #4346-010-010- 42800-0000 AND Part of dot 21, Concession 11 ORO as in RO364064 Except 1 & 2, 51 R-5153; T/W RO553818; ORO-MEDONTE Being all of PIN 58549-0079 (LT) (29- 31 BOOTH STREET) Roll #4346-010-010-42900-0000 4. AND THAT the owners be notified of Gouncil's decision. BACKGROUND: The owner is proposing to construct a new 926.71 square metre commercial building for the display and sales of recreational vehicles. A conditional building permit far the foundation of the structure has been issued. PLANNING DEPARTMENT Meeting Date March 26, 2008 Report No. BP 2008-015 Page 1 of 3 ANA<_YSIS: The subject lands are designated "Commercial" by the Official Plan. Section C9.2 of the OP lists permitted uses for the Commercial designation, and includes "uses which are primarily oriented to vehicular traffic using Highways 11 and 12. Such uses may include service stations, new vehicle dealerships...[and] mobile home sales...". As such, the use of the lands for the sale and display of recreational vehicles would therefore comply with the policies of the Official Plan. The subject lands are zoned General Commercial (GC) Zone, where "Trailer or mobile home sales establishments" is listed as being a permitted use. Staff has reviewed the application, where the site plan drawings were deemed to comply with all required setbacks, parking, and other provisions as required by the Zoning By-law, Township Site Plan guidelines, and with Section 41 of the Planning Act. FINANCIAL: N/A. PO~ICIESlLEGIS~ATION: Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 The Planning Act, Section 41 CONSULTATIONS: A Site Plan Contra) Technical Committee Meeting was held on March 14, 2008, and was attended by the applicant and applicant's consulting planner. No concerns were raised by staff at this meeting. The Township's consulting engineer has reviewed the site plan drawings and issued final approval for construction on March 11, 2008. The Ministry of Transportation was consulted earlier in the plan review process, and issued a building & land use permit on January 24, 2008. ATTACHMENTS: Schedule 1: Location Map CONCLUSION: The application to construct a new 926.71 square metre commercial building constitutes a permitted use, and complies with the requirements of the General Commercial (GC) Zone. It is recommended that Site Plan Application 2007-SPA-11 be approved. PLANNING DEPARTMENT Meeting Date March 26, 200$ Report No. BP 2008-015 Page 2 of 3 Respectfully submitted: Adam Kozlowski Planner C.A.O. Comments: C.A.O. Approval: Date: SCHEDULE 1: LOCATION MAP 2447-SPA-11 (BEL~A VISTA LANDSCAPING) PLANNING DEPARTMENT Meeting Date March 26, 2008 Report No. BP 2008-015 Page 3 of 3 TC? It~NSHIP O~ 4RQ-MEDONTE I ~ _ ~r REPC.~RT } Report No. To: Council Prepared By: RC2008-11 Shawn Binns Meeting Date: Subject: Draft Strategic Motion # March 26, 2008 Facility Plan -Terms of Reference Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action~X For Information Only It is recommended: 1. That report RC2008-011 be received and adopted 2. That the draft terms of reference for the Strategic Facility Plan be approved as written 3. That staff proceed in issuing the request for proposals for the Strategic Facility Plan, terms of reference and report back to Council with results of the request for proposal BACKGROUND: i At the Council meeting of September 26, 2007 Council authorized the Recreation Technical Support Group to develop a draft terms of reference for the development of Strategic Facility Plan to develop a long term plan far Recreation and Community Service Facilities, including the Oro-Medonte Community Arena. Project funding was allocated in the 2008 budget approved by Council. ANALYSIS: The Township has completed a Recreation Master Plan in 1997 and a Parkland Secondary Study in 2001. Emanating from the studies was the need to develop long term plans for the provision of Recreation and Community Service Facilities. The Terms of Reference for the Strategic Facility Plan (Attachment 1) provides the framework and scope of work far consulting services for the development of the plan. Document /outlines the instructions to proponents and guidelines for the Request for Proposals Document // of the Terms of Reference outlines specifically the scope of work, goals and objectives. Document ///outlines the agreement which will be made upon award of the Request for Proposal. Recreation and Community Services March 26, 2008 Report Na. RC2008-11 Page 1 of 2 FINANCIAL: The estimated cost for the preparation of a Strategic Facility Plan as outlined in the Terms of Reference is $75,000. Council has approved project funding in the 2008 budget. PO~ICIESILEGISLATION: By-Law- 2004-112 Purchasing and Tendering Procedures CONSULTATIONS: Recreation Technical Support Group Senior Management Team Al?AC H M ENTS: 1. Draft Terms of Reference Strategic Facility Plan CONCLUSION: The draft terms of reference for the Strategic Facility Plan provides the framework, scope of work, key goals, objectives and deliverables which will farm the basis of the plan. The Strategic Facility Plan developed as outlined will provide a long term fiscally responsible plan responsive to the needs of Township residents for the provision of Recreation and Community Service Facilities. Respectfully submitted: Shawn Binns Manager of Recreation and Community Services C.A.O. Comments: C.A.O. Approval: Date: Recreation and Community Services March 26, 2008 Report No. RC2008-11 Page 2 of 2 4 } ~ ~, ' ~~ THE CORPORATION OF THE TOWNSHIP ORO-MEDONTE REQUEST FOR PROPOSAL RFP # RC 2008-01 SEALED PROPOSALS, clearly marked as to contents, will be received by the Recreation and Community Services Department, 148 Line 7 South, Ora-Medonte, Ontario, LOL 2X0, no later than 15:00 hours local time, April 25, 2008. Late proposals will not be accepted. Requirements for: Consulting Services for Strategic Facility Plan All proposals are subject to the terms and conditions of the Request for Proposal, the accompanying specifications, and all other contract provisions or data that is incorporated. If further information is required, contact: Shawn Binns Manager of Recreation and Community Services The Corporation of the Township of Oro-Medonte reserves the right to accept or reject all or part of any proposal, and to accept the proposal that is in the best interest of the owner. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte i TABLE OF CONTENTS DEFINITIONS ................................................................................................................................. 1 DOCUMENT 1 ................................................................................................................................. 1 INSTRUCTIONS TO PROPONENTS ............................................................................................. 1 1. GENERAL ...............................................................................................................................1 2. CONTRACT ............................................................................................................................ 1 3. SCOPE OF PROPOSAL ........................................................................................................ 1 4. PROPOSAL CLOSING TIME ................................................................................................. 1 5. PROPOSAL PREPARATION AND SUBMISSION ................................................................ 1 6. PROPONENTS COST ............................................................................................................ 2 7. CAPACITY TO PERFORM ..................................................................................................... 2 $. QUALITY AND VALUE ....................................................................................................... 2 9. REJECTION OF PROPOSAL ............................................................................................ 3 10. FREEDOM OF INFORMATION .......................................................................................... 3 11. MODIFICATION OR WITHDRAWAL OF PROPOSAL ...................................................... 3 12. PRELIMINARY PROPOSAL OPENING ............................................................................ 3 13. BID DISQUALIFICATION ................................................................................................... 3 14. OWNERSHIP AND COPYRIGHT ...................................................................................... 4 15. ERRORS AND OMISSIONS .............................................................................................. 4 16. CONFLICT OF INTEREST ................................................................................................. 4 17. TERMINATION ................................................................................................................... 4 18. NON-ASSIGNMENT ...........................................................................................................4 19. DISPUTE RESOLUTION .................................................................................................... 4 20. INDEMNI'i'1f ......................................................................................................................... 6 21. INSURANCE ....................................................................................................................... 6 22. NON-WAIVER .....................................................................................................................6 23. NOTICE ...............................................................................................................................7 24. RFP SHEDULE ................................................................................................................... 7 25. PROPOSAL EVALUATION ................................................................................................ 7 26 NEGOTIATIONS .................................................................................................................8 27 AWARD ...............................................................................................................................9 28 EXECUTION OF CONTRACT UPON AWARD ................................................................. 9 DOCUMENT 11 ................................................................................................................................ 1 TERMS OF REFERENCE .............................................................................................................. 1 1 INTRODUCTION ..................................................................................................................... 1 2 BACKGROUND AND PROJECT DESCRIPTION ................................................................. 1 3 PROJECT GOAL AND OBJECTIVES ................................................................................... 5 4 GENERAL PROCESS GUIDELINES ..................................................................................... 7 5 CONSULTANT TEAM ............................................................................................................ 8 6 SCOPE OF STUDY ................................................................................................................ 8 DOCUMENT I11 ............................................................................................................................... 1 PROPOSAL FORM ........................................................................................................................ 1 SCHEDULE 1 ................................................................................................................................. 4 FIXED FEES FOR CONSULTING SERVICES .............................................................................. 4 SCHEDULE II ................................................................................................................................. 5 LIST OF REFERENCES ................................................................................................................. 5 SCHEDULE III ................................................................................................................................ 6 LIST OF SUB-CONTRACTORS .................................................................................................... 6 DOCUMENT IV ............................................................................................................................... 1 AGREEMENT ................................................................................................................................. 1 DOCUMENT V APPENDICES ....................................................................................................... 1 Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte D-~nitions DEFINITIONS The following definitions apply to the interpretation of the proposal document; 1. "Addenda ar Addendum" means such further additions, deletions, modifications or other changes to any proposal document. 2. "Proposal Document' means collectively all of the documentation comprising the call for proposals, namely Document 1 to 5. 3. "Proposal or Proposal Form" means the proposal form as stated in the proposal document and is to be completed and submitted by a proponent{s} in response to and incompliance with the call for proposal and the proposal document and far the purpose of entering into the contract with the owner in the event of award. 4. "Proponent" means legal entity submitting a response to a proposal 5. "Proposal Call" means the call for proposals on the terms and conditions- set forth in the proposal document. 6. "Closing Time" means the time specified in Document 1, Instructions to proponents, by which atl proposal submissions shall be received by the owner. 7. "Contract" means the agreement in writing governing the performance of the work which has been executed by the owner and successful contractor following the acceptance by the owner of the successful proponent's submission. 8. "Contractor" means the successful proponent to whom the contract is awarded and undertaking the supply of goads/services, construction and/or execution of the work under the terms of the contract 9. "Owner" means the Corporation of the Township of Oro-Medonte, as the case maybe, and as identified in the call for proposals, for the purpose of the award and execution and performance of the contract shall mean the entity awarding the contract. 10. "Working Day" means Monday thru Friday inclusive but excluding Saturday and Sunday and any recognized statutory holiday. Final Draft Strategic Facility Plan January ?008 Township of Oro-Medonte ~. -- ;~- Docufnent C Crastruetior2s to Pry vrz~ xents D©CU11~1ENT I INSTRUCTIONS TO PRQPONENTS 1. GENERAL The Corporation of the Township of Oro-Medonte is requesting Proposals from Proponents who have the necessary qualifications and experience to provide the type of services described in this Request far Proposal. The Proposal should be detailed, specific, and shall be completed and submitted in the prescribed format, If requested by the Owner, the proponent should be prepared to have senior management staff available to meet with the Owner to review the Proposal during the evaluation process. The Scope of the Project contemplated is described herein, as part of the Request for Proposal The Owner reserves the right to amend the Scope as necessary. 2. CONTRACT This Request for Proposal is not a call for Tender. However, each proposal is expected to contain sufficient detail concerning all terms and conditions of the Proposal to permit the drafting of a contract agreement. The term and structure of any ongoing agreement will be based on the nature of the solution proposed and will be negotiated with the successful proponent at the time of award. Standard Agreement is attached as Document IV 3. SCOPE OF PROPOSAL The Township of Oro-Medonte is soliciting proposals from competent and experienced consultants to assist the Township in the development of its Recreation and Community Services Strategic Facility Plan. 4. PROPOSAL CLOSING TIME The Proposal Form, sealed in an envelope identifying RFP# RC2008-01, shall be submitted to and be in possession of the Township of Oro-Medonte no later than (15:00 hours) 3:00:00 pm. local time, on the specified closing date. Late bids shall not be accepted; however they will be time and date stamped and returned to the Proponent unopened. 5. PROPOSAL PREPARATION AND SUBMISSION 5.1 All bids shall be submitted on the Proposal Form provided by the Owner in the Proposal Documents 5.2 If the proposal fails to be delivered to the designated location by the Bidder or courier service and time stamped by the Township of Ora-Medonte by the closing time, it shall result in the Proposal being rejected. Proposal Forms submitted and received by facsimile will not be accepted and shall result in the Proposal being rejected. 5.3 Amendments by telephone, facsimile, telegram or letter to a Proposal already submitted will not be accepted or considered. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte ~ I Docurrce~zt I Irtstructitans to Pr©pr~t~ercts 5.4 Although photocopies of the Proposal Farm issued are permitted, it must be returned in the original language format without amendments to the wording and must be signed in the space(s) provided, or in case of a Joint Proposal by all Proponents. AS WELL: i) Individual signatures must be witnessed; and ii) Corporate signatures must have either the corporate seal affixed or the signer must add below their name the words "I have the authority to bind the corporation." 5.5 All proponents and sub-contractors, if any, are to be legibly and correctly named otherwise the Proposal may be declared informal by the Owner. 5.6 Proposal Acceptance Each Propasal shall be open for acceptance by the Owner for a period of Ninety (90) working days from the Proposal closing date. W ithaut notice, the owner reserves the right to award and enter into a contract with one or more proponents at any time. 5.7 Preparation i) Proponents are expected to examine schedules and instructions in the Proposal package. Failure to do so will be at the Proponent's risk. ii) In case of an error the Proposal price as stated in the submission shall be considered the proposed price. iii) All erasures or other changes shall be initialled by the person signing the Proposal. iv) Proposals shall be completed in ink or a typed format. v) The Request for Proposal number shall appear on all information furnished by the Proponent concerning this Proposal. vi) Any document intended to supplement or deviate from the express requirements of this Request for Proposal may result in rejection of the Proposal vii) One original and {8) bound copies and (1) electronic copy on CD (Must be in Microsoft Ward or PDF) of the proposal shall be submitted. 6. PROPONENTS COST All casts and expenses incurred by the proponent relating to the Propasal, presentation and any negotiations with the Owner will be borne by the Proponent. The Owner is not liable to pay such casts or expenses or to reimburse or compensate Proponents under any circumstances, including the rejection of any or all other proposals. The owner will not accept responsibility for any delays or costs associated with any interviews, 7. CAPACITY TO PERFORM The Owner expects that all proponents will be able to furnish satisfactory evidence that they have the ability, experience, capital and plant to enable them to complete the contract successfully. Proponents must have prior experience and demonstrated ability with projects of similar scope and magnitude in other municipalities. 8. QUALITY AND VALUE The Proponent shall provide a preferred standard of service and value to the Owner. The Owner shall be the sole judge of the adequacy of such service and value, and may suggest changes as necessary. Final Draft Strategic Facility Plan January ?04& Township of Oro-Medonte x..., ~. Document I Instruetior~s to Propranents 9. REJECTION OF PROPOSAL The Owner reserves the right to reject any or all proposals for any reason whatsoever, and to accept any Proposal considered in the Owner's best interests. The Owner also reserves the right to award a contract to other than the Proponent submitting the lowest costs to the Owner. 10. FREEDOM OF INFORMATION All information obtained by the Proponents in connection with this proposal is the property of the Owner, and shall be treated as confidential and not used for any purpose than for replying to this Proposal and for the fulfilment of any subsequent contract. 11. MODIFICATION OR WITHDRAWAL OF PROPOSAL 11.1 A proposal that is in the possession of the Owner may be altered by letter, telegram or facsimile transmission bearing the signature and name of the person authorized to submit provided it is received prior to the time and date of opening. A modification to the proposal should not reveal the proposal price but should indicate the addition, subtraction, or changes in the Proposal. All such requests shall be verified by the Manager of Recreation and Community Services or designate by telephone to the official of the company whose signature or name appears on the correspondence. 11.2 A proposal that is in the possession of the Township of Oro-Medonte may be withdrawn by the Proponent in person, letter, telegram or facsimile provided it is received before the closing date and time. All such requests shall be verified by the Manager of Recreation and Community Services or designate by telephone to the official of the company whose name appears on the correspondence. 12. PRELIMINARY PROPOSAL OPENING 12..1 Proposal shall be publicly opened one-half (112) hour after the Closing Time. The Proposal Number and Proponents Name shall be read in accordance to the Proposal Form. Only receipt of the Proposals will be acknowledged at the time. 13. BID DISQUALIFICATION The failure by any Proponent to fully comply with the following shall result in the Proposal disqualification and rejection; i) late Proposals received by the Owner after the Closing Time; ii) proposals not completed in ink or typed; iii) any strikeouts, erasures or overwriting not initialled by the Authorized Person signing the Proposal; iv) proposal forms not signed or not signed in the space(s) provided. v) proposals which do not comply with sections 5.1, 5.2, and 5.4 Document 1, Instructions to Proponents. vi) any alteration(s), addition(s) to, or deletion(s) from the language of the Proposal Form or any qualifying statement(s) made to or provided with the Proposal Form; vii) failure to acknowledge receipt of Addendum/Addenda as indicated in Document 3, Proposal Farm; Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte D~curnent 1 _ _ Instrt~ctiarzs to Proac~raetzCs viii} any document intended to supplement or deviate from the express requirements if this Request for Proposal may result in rejection of the Proposal; and ix) Failure to submit One original and Eight (8) bound copies and (1) electronic copy on CD (must be Microsoft Ward or PDF) of the Proposal. 14. OWNERSHIP AND COPYRIGHT All materials and information prepared, conceived, or produced and delivered to the Owner in the preparation of the Proposal and the negotiation and performance of any Agreement by the Proponents shall be the sole property of the Owner. 15. ERRORS AND OMIS51ONS It is understood and acknowledged that while the Request far Proposals includes specific requirements, a complete review and recommendation is required by the Propanent. Minor items, herein, not herein specified but obviously required, shall be provided as if specified. Any misinterpretation ofthe requirements within this proposal shall not relieve the Propanent of the responsibility of providing the services aforesaid. 16. CONFLICT OF INTEREST Each Proponent must declare in their Proposal any situation that may be a conflict of interest or that may appear as a conflict of interest in submitting a Proposal or undertaking the service. If a conflict of interest does exist, the Owner may, at its discretion, refuse to consider the proposal. 17. TERMINATION 17.1 If the Successful Proponent herein refuses or fails to comply with any of the terms and conditions of this Proposal, and/or the signed Agreement or any proper order or request of the Owner, and such refusal or failure continues for five {5) days after receipt by the Successful Proponent of notice in writing from the Owner setting out the particulars of such refusal or failure, the Owner shall have the right, at its option to withdraw its acceptance of the Proposal or terminate this Agreement forthwith by notice in writing to the Successful Propanent at the address given by him/her in the Proposal Documents and thereupon the rights of the successful Proponent shall immediately cease, and be at an end and the Owner shall not be liable for payment to the Successful Proponent of any monies whatsoever by reason of such termination. 17.2 Where the Agreement is terminated in accordance with the foregoing, the Owner, without limitation to the generality of the foregoing: i. Shall be deemed free to enter into an Agreement with any other firms for the requirements called for in this Proposal. 18. NON-ASSIGNMENT Neither this assignment nor any work to be performed under this contract or any part thereof may be assigned to the Proponent without the prior written consent of the Owner. Such written consent, however, shall not under any circumstances relieve the Proponent ofhis/her liabilities and obligations under this Contract, and shall be within the sole and unfettered discretion of the Owner. 19. DISPUTE RESOLUTION In the event of a dispute between the Contractor and the Owner concerning any aspect of the contract the parties agree that they will deal with the dispute in the following manner: Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte 4 Daeurrtent I Ir~strr~ctions to Pt-~ponents 19.1 As soon as either party gives written notice of a dispute to the other parry then the Contractor's project manager and the Owner's project manager, or their authorized representatives, shall meet within 8 days and attempt to negotiate a resolution. 19.2 If this meeting does not resolve the dispute then the parties shall, within a further 8 days have a further meeting of the CEO of the Contractor (or functional equivalent} and the CAO far the Owner. 19.3 If the dispute is still not resolved at the meeting then the parties will jointly select a mediator from the raster of mediators at the ADR Institute of Ontario Inc. to mediate the dispute and they will then have a further meeting to mediate the dispute within 15 days from the failure of the CEO level meeting to resolve matters. 19.4 If the parties cannot themselves agree on a mediator, ane will be appointed by the ADR Institute from its roster of mediators. 19.5 If mediation does not resolve the dispute then the parties agree that: for a dispute where under $150,000 is at issue they will jointly select an arbitrator, and where the parties do not agree on the choice within 10 days, then the ADR Institute shall appoint a single arbitrator from its roster. In either event the arbitration will be conducted within a total of 45 days from the failure of the mediation to resolve the dispute and the provisions of the Arbitration Act, 1991 will apply to the arbitration. The decision of the Arbitrator is to be released within 30 days of the conduct of the arbitration. The parties shall share payment of the fees and disbursements of the arbitrator equally. for a dispute involving $150,000 or mare, if each agrees to proceed by arbitration, the parties shall either; (a} jointly select a single arbitrator or (b) if they cannot agree on a single arbitrator then each shall, within 10 days, select an arbitrator and these nominees shall, within a further 5 days, jointly select a third arbitrator to Chair a panel of three arbitrators. The arbitration shall be conducted pursuant to the Arbitration Act, 1991 and held within 90 days from the failure of the mediation to resolve the dispute or within such further reasonable time as is allowed by the arbitrator(s), on motion. The decision of the arbitrator(s) is to be released within 30 days of the conduct of the arbitration. The parties shall share payment of the fees and disbursements of the arbitrator(s) equally. 19.6 If ane party does not cooperate or participate in either the negotiation phase or the mediation phase, then, after giving 7 days written notice to them of the default in cooperation, the other party is then free (if the amount in dispute is less than $150,000) to proceed to the arbitration phase before a single arbitrator, selected by the ADR Institute. The resulting arbitration may be held without the opposite party being present if they choose not to participate in it, and the decision of the arbitrator shall be as fully final, valid and binding on the parties as if the apposite party had been fully participating in it. 19.7 Any party is free to waive any of the above dispute resolution steps that take place prior to arbitration by filing with the other party a written election to waive that particular step or to proceed right to the stage of arbitration, for amounts in dispute under $150,000, or proceed right to the stage of arbitration (if on consent) or court action, for amounts in dispute of $150,000 or more. Final DrafC Strategic Facility Plan January 2008 Township of Oro-Medonte v.. laoc~~fnent 1 Instr~ections to Franonents 19.8 Regardless of the provisions of section 45 of the Arbitration Act, 1991, where the amount in dispute is under $150,000, there shall be no appeal whatever, even on a question of law, from the decision of the arbitrator in any arbitration conducted under this dispute resolution regime. 19.9 If either party does nat agree to arbitrate a dispute over $150,000 then the parties shall be free to commence whatever court action they wish in order to resolve the dispute. 20. INDEMNITY The Successful Proponent will indemnify and save harmless the Owner against and from all actions, causes of action, interest, claims, demands, costs, damages, expenses or loss that the Owner may bear, suffer, incur, become liable far or be put to by reason any damages to property or injury or death to persons by reason of, arising out of or in consequence of breach, violation or non- performance by the Successful Proponent of any provision of the Agreement, or by reason of or arising out of the use of the premises or in connection with the work covered by this Contract, or by reason of, or arising out of any act, neglect or default by the Successful Proponent or of any of its agents or employees or any other person or persons, in, on, or about the premises. The rights to indemnify contained in this paragraph shall survive any termination of this Agreement, anything in the Agreement to the contrary notwithstanding. 21. INSURANCE The Proponent shall maintain and pay for Comprehensive General Liability Insurance with an insurer acceptable to the Owner. The coverage shall include premises and all operations liability to be performed by the bidder. The insurance coverage shall be subject to limits of not less than Two Millian Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. 21.1 The policy shall include the Township of Oro-Medonte as an additional insured in respect of all operations performed by or on behalf of the contractor. 21.2 The Contractor will be entirely responsible for the cost of any deductible, which is maintained in any insurance document. 21.3 The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Owner. Where applicable the bidder shall carry standard automobile and non-owned automobile liability insurance and shall protect themselves against all liability arising out of the use of owned or leased vehicles, used by the contractor, its employees or agents. The limits of the liability far both owned and non-owned vehicles shall not be less than Twa Million Dollars ($2,000,000) per occurrence. 22. NON-WAIVER No condauing, excusing or overlooking by the Owner of any default, breach or non observance by the Proponent at any time or times in respect to any provision herein contained shall operate as a waiver of the Owner's right hereunder in respect of any continuing or subsequent default, breach or non-observance or so as to defeat or affect in any way the rights of the Owner herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Owner save only an express waiver in writing. Any work completed by the Owner required by this Agreement to be done by the Proponent shall not relieve Fina] Draft Strategic Facility Plan January 2008 Township of Oro-Medonte ~ ~ ~. Do~~ni~~~~nt 1 Instructions to Proponents the Proponent of hislher obligations to do that work. 23. NOTICE Any written notice, or any other material to be given ar delivered pursuant to the Agreement shall be deemed properly given if delivered personally or mailed by registered mail as follows: 23.1 If to the Corporation of the Township of tiro-Medonte Attention: Shawn i3inns, Manager of Recreation and Community Services 23.2 If to the Successful Proponent; Proponents Name At the address shown on the Proposal Form 23.3 Such other addresses of which the party to be notified shall have given written notice to the other party in accordance with the above and such native shall be deemed to have been given at the time it was delivered or three (3) days from the date of mailing as the case may be. 24. RFP SHEDULE The RFP process will be governed according to the following schedule. Although every attempt will be made to meet all dates, the Township reserves the right to modify or alter any or all dates at its sole discretion by notifying all respondents in writing to the address provided by the Proponents. Dates are subject to change. Dates Release of RFP Aril 1, 2008 Deadlines of Questions to be submitted by the Pro onents April 16, 2008 All res onees to be sent out to Pro onents Aril 18, 2008 Close RFP Aril 25, 2008 Short Listin Pro onents Aril 28,2008 Short Listed Pro onents to Present Demo Week of A ril 28, 2008 Award Be innin of Ma , 2008 25. PROPOSAL EVALUATION Proposals submitted in response to this RFP will be evaluated based on the Proponent's submission. Part of the evaluation process may involve an interview, including a presentation. Senior Management and other appropriate staff will evaluate the proposals. A recommendation will be made and the contract awarded. 25.1 Evaluation Criteria It is the responsibility of the proponents to provide sufficient information in the proposal to exhibit required abilities. Proponents are cautioned that organization of their response, as well as thoroughness is critical to the evaluation process. All required information should be furnished and presented in an organized, comprehensive and easy to follow manner. Evaluation criteria shall include, but not necessarily be limited to the fallowing. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte Y Document I Instructions to Proponents Criteria Score Experience in Consulting Team, Experience of developing similar plans far municipalities, scope and complexity shall be referred. 25 A roach and Methodolo 25 Public Consultation 15 Client References 15 Pricin 15 Pro'ect Schedulin 5 Total 104 Short list Presentation 25 25.2 Short List DiscussionsllnterviewslPresentations Requirement The Township may create a shartlist of Proponents based an the evaluation results. Tap three Proponents scoring a minimum of 70 paints may be further evaluated on a score of 25. The Township reserves the right to incorporate discussionslintentiews/presentations (the "Interview") into the Proposal evaluation process at the short list stage. The Township, at its sole discretion, may interview short listed Proponents and may ask them to make a short formal presentation to the Township. (Presenters will be required to supply their own presentation equipment and materials.) The Interview will serve as the mechanism far further evaluation of Proposals of short listed Proponents at an in-depth and mare detailed level in order to establish the finalist far Preferred Proponent status. The further detailed evaluation will take into account, discussions, presentations, and clarifications with/by short-listed Proponents and analyses by the Township, together with such other considerations as the Township, in its sole discretion, deems necessary to complete its assessment of the short-listed proposed solutions. Bonus points to a maximum of 25 points will be awarded in addition to the score obtained through the Evaluation Criteria. Short-listed Proponents must be prepared to answer questions an their Proposals and shall cooperate with the Township with respect to Interview scheduling and any other requirements imposed by the Township. The Township reserves the right to limit interviews to a number of the tap scoring Proponents as determined by the Township regardless of the number of Proponents who qualified for the short list and the scoring point thereof. The Township reserves the right to augment the short list at any time. 26 NEGOTIATIONS On completion of the evaluation process, Proponent negotiations may be undertaken to refine the details of the contract for all ar portions of the proposed services in this RFP. Negotiations may take the form of adding, deleting or modifying requirements. Assuming mutually acceptable terms and conditions can be negotiated; a contract will be signed with the selected proponent. In the event of default or failure to arrive at a mutually acceptable terms and conditions, the Owner may accept another Proposal ar seek new Proposals, or carry out this Final Draft St~~ategic Facility Plan January 2008 Township of Orc>-Medante ~~, _~ Docccnte~at I Instrtccta©ns to Pro orn gents service in any other way as deemed appropriate. 27 AWARD 27.1 Contract award will be communicated by written notification from the Owner to the successful Proponent, if any. 27,2 The Proponent acknowledges that the Owner shall have the right to reject any, or all, Proposals for any reason, or to accept any Proposal, which the Owner in its sole unfettered discretion deems most advantages to itself. The lowest, or any, Proposal will not necessarily be accepted. 28 EXECUTION OF CONTRACT UPON AWARD The successful Proponent, if any, in the presence of the Clerk or designate, must sign the contract in triplicate (3), within seven (7) Working Days of written notification of acceptance. The fallowing document, as listed shall be submitted prior to or at the time of signing; i. Insurance Certificate; Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte l7ocumentlC Terms c?~Reft'rt,i~~r DOCUMENT 11 TERMS OF REFERENCE INTRODUCTION The Corporation of the Township of Oro-Medonte {"the Township") is seeking the professional services of amulti-disciplinary consulting team to review the existing Parks & Recreation Master Plan (1997} and Parkland Secondary Study (2001)for the Tawnship of Ora-Medonte and develop a Strategic Facility Plan for the provision of Recreation and Community Services Facilities required to the year 2028. The project will be comprised of undertaking the review of existing documents and research, conducting additional primary research, analysing existing recreation facilities, developing and administering a public consultation needs analysis and input process, determining the feasibility of a Multi-Use Recreation Complex and the development and production of a Strategic Facility Plan document that will guide the development of Recreation and Community Services Facilities in the Township of Oro-Medonte for the next 20 years. The Tawnship requests your firm to provide a detailed proposal using this Terms of Reference as a guideline. 2 BACKGROUND AND PROJECT DESCRIPTION The Township of Oro-Medonte is a diverse and beautiful community with a central location in Ontario. Oro-Medonte covers a land area of 61,000 hectares, stretching from the northern border of Barrie and Lake Simcoe to the Southern fringes of Orillia and North to Tay and Severn Townships. Oro-Medonte has a very large land base and contains within it 15 settlement areas. The Township has historically had one of the higher population growth rates in the County of Simcoe. This is the result of the increasing attractiveness of the Township's recreational and rural character and its location next to the growing Cities of Barrie and Orillia where major urban services and employment opportunities are available. The permanent population of the Township in 2001 was approximately 19,000. In the summer months, the total population swells to approximately 25,000 people as seasonal residents who live full time in the Greater Toronto Area migrate to their second homes. This population is concentrated in a number of small rural settlement areas, along the shoreline of Lake Simcoe and in a number of residential clusters throughout the Township. It is anticipated that the existing pattern of development will remain unchanged in the future. It is expected that the Township's permanent population will increase by approximately 8,000 to 10,000 people aver the next twenty years to 2023. In 1994 the amalgamated municipalities of the Township of Oro and the Township of Medonte as well as portions of the Townships of Flos, Vespra, and Orillia formed the Tawnship of Oro-Medonte. In response to changing recreational needs post amalgamation and to develop a framework far Recreational Services a Recreation Master Plan was prepared and adopted by Council in 1997. ~_.u ~ , ~ r ~... ~ .~ ~ _~. Final Draft Strategic Facility Plan January 2008 Township of Ora-Medonte -,. t7oeurnent 11 Ter-rr~c o~Reference In 2001 Cauncil adapted the Parkland Secondary Study which further reviewed and provided recommendations on parklands. Emanating from the studies was the need for the Township to be self-sufficient with a full range of facilities provided to residents as well as the need far amulti-use recreational facility. In 2005 Council acquired 70 acres of lands in Guthrie adjacent to current arena far future recreational development. In 2007 Cauncil recognized the need for a long term Strategic Facility Plan for Community Services to review community needs, provide recommendations anaging facilities and new facilities to meet changing needs, to determine the feasibility of a multi use Recreation Facility, to initiate a conceptual design for the replacement of the Ora-Medonte Community Arena. The Recreation Technical Support Group was authorized to draft a Terms of Reference for the Study and funding far the study was allocated during the 2008 Budget Deliberations. 2.1 Recreation and Community Services The Township of Oro-Medonte Recreation Community Services Department has 6 primary functions: 1. Provision of Facilities 2. Community Development and Volunteer Management 3. Park and Trails Development and Management 4. Recreational and Special Event Programming 5. Culture and Heritage 6. Economic Development relating to Recreation and Tourism 2.2 Recreation and Community Services Mission The Mandate of Recreation and Community Services Department is `To strengthen Community through programs, services and facilities that promote healthy lifestyles, connect families and neighbours, recognize culture and heritage; thereby enriching the quality of life in Oro- Medonte." 2.3 Recreation and Community Services Vision The vision is a strong partnership between Township Cauncil, Staff, and the Community to provide a healthy lifestyle for Township residents and visitors. • The vision includes a centralized system to deliver major recreation facilities to the widest number of participants through developing multi -use sites accessible to the widest number of residents. • Volunteers will be an integral link in the provision of parkland, facilities, and programs • Future recreation development will be guided by a strategic direction to ensure future financial investments are allocated in a way that is equitable and consistent for all Township residents Final Draft Strategic Facility Plan Township of aro-Medonte January 2008 2 ,~ ~. L)ocument Il Ternxs of tZ~ference 2.4 Th e Township of Oro-Medonte currently operates a variety of Community Service Fa cilities including: • 1 Arena and Banquet Hall • 8 Community Halls • 3 Ball Diamonds with Lights • 7 Ball Diamonds Unlit (Various Sizes and Conditions} • 1 Tennis Court • 10 Playgrounds • 2 Multi Use Sports Pad (1 Lit} (2 more in development) • 7 Soccer Fields (Includes 2 Mini Pitches} • Sweetwater Park in development may contain: Refrigerated Multi-Purpose Pad, toboggan hill, skate change/storage building, Playground • 1 Developed Swimming Area • 1 Large Waterfront Park with Bathrooms • 3 Public Wharfs • 3 Picnic Pavillions (2 Memorial, 1 Vasey) • 4 Boat Launch Facilities (Line 2 ,Line 9 and Line 14} Line 13 Bass Lake • Lake Country Oro-Medonte Rail Trail 28km linking to Barrie and Orillia • 38.5 hectares of developed parkland • 38 hectares of un-developed parkland • 7.7 Hectares of Open Space • Various Monuments and Historical Plaques • Oro African Church -National Historic Site 2.5 Issues Affecting the Study i) Growth The Township of Ora-Medonte has been experiencing moderate growth at a rate of approximately 10°lo per census period over the last 15 years. It is predicted that this rate will remain constant through 2016. In 2006 the Province of Ontario approved the Growth P/an for the Greater Golden Horseshoe to 2031. This area includes the County of Simcoe and in turn the Township of Oro-Medonte. The Simcoe County Area has been instructed by the Province to develop a local solution to growth management. The County of Simcoe is currently working on the completion of a growth plan and the Township is working on planning for expected growth. It is important that Recreation and Community Services resources be planned to maximize the benefit of for current and future residents, make the best of available resources and contribute in a coordinated fashion aTownship-wide community services system. There is a need to provide detailed recommendations on the Community Services Infrastructure and Facilities required to meet the needs ofOro-Medonte residents far the next 20 years. ii) Aging Facilities Managing aging infrastructure has become a significant part of our business with growing financial impact. iii) Community Halls The Township operates 8 Community Halls, 6 of which are operated by volunteer hall boards. The Halls are in various states of condition and receive varied amounts of use and are valued by residents. The Strategic Facility Plan will review the use, community needs, structural review and analysis and provide Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 3 .~. Document 11 Terms of Reference sham and long term financial requirements far the community halls and provide detailed recommendations. iv) C?ro-Medonte Community Arena The Oro-Medonte Community Arena was built in 1972. In 1976 new dressing rooms were added followed by an addition of banquet hall and tabby in 1989, and new boards, refrigeration and roof repair in 1997. The building receives a great deal of use and there is a lack of available ice time resulting in community sports organizations having to turn residents away. The building is aging and will require a large capital investment far repairs. There is an immediate need to develop a plan to determine future needs, and determine the feasibility of amulti- use facility within the acquired lands in Guthrie and to initiate a conceptual design based on the need and feasibility as well as to review and pravide recommendations far funding the plan far such a facility. There is also a need to pravide a preferred facility model and provide recommendations on relationships between facilities. v) Changing Demographics socioeconomics, aging and trends are creating new markets and new demands. vi) Culture and Heritage Oro-Medonte is rich in culture and heritage. ^ The Oro African Church is run by the Municipality and is designated as a National Historic Site. • The Oro-Medonte History Association requires space to store and display artifacts, and are currently investigating the development of an interpretive centre. ^ Contract Library services are provided in 5 surrounding municipalities which is resulting in duplication of services and fees paid through use agreements. The plan will review services and provide recommendations. vii) Financial Sustainability -There is an ever pressing need for "sustainable" plans, budgets, services and facilities. In addition to identifying needed/desired facilities and feasibility of a Multi-Use Recreation Complex, this Plan must recommend development phasing and current year capital and operating casts and projected associated expenses based on recommendations for a minimum of five years, from which annual budgets and tax implications can be developed. viii) Recreational Tourism Economic Development in the Township is reliant on the Tourism industry and it is essential to consider the impacts of Tourism an facility demands and how the municipality can generate additional tourism revenues through hosting of tournaments, events etc. through provision of Recreation and Community Services Facilities and aMulti-Use Recreation Complex . ix) Size of Municipality Oro-Medonte is the largest municipality in Simcoe County based on land area. Distance to Recreation and Community Services facilities and programs are a significant barrier in a rural municipality. While this plan will determine the need and feasibility of centralized services in a Multi-Use Recreation Facility, it is expected that this plan will provide recommendations on capital parkland and facility development as it relates to parkland classifications as well as size and needs of communities within the Township. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte 4 Docr~~nent II Terms of Re erence x) Accessibility New Regulations for Accessibility and Customer Service are being introduced which will have an effect on future facility renovations. xi) Partnerships There are a number of existing Recreation and Community Service Facilities being provided, under development and proposed in adjoining Municipalities. The plan will review and make recommendations on apportunitiesfor partnership in provision of facilities. 2.6 Background Reports The Township of Oro-Medonte has conducted a number of studies, which will provide background information in the development of the Strategic Facility Plan Document. The following will be provided to the selected consulting firm: i. Recreation Master Plan (1997) ii. Parkland Secondary Study {2001) iii. Township of Oro-Medonte Community Strategic Plan (1994) iv. Township of Oro-Medonte Official Plan (Amended 2007) v. Development Charges Study {2004) vi. Ora-Medonte Community Profile (Amended 2007) vii. Charting our Future "A regional strategic plan for the City of Orillia, Townships of Ora-Medonte, Ramara, Severn and Mnjikaning First Nation" (2005). viii. Craighurst Secondary Study ix. Council Mandate 2007-2011 x. Departmental goals, strategic initiatives, policies, procedures and standards xi. A detailed inventory of Parks, Indoor and Outdoor Sports and General Facilities xii. Planning Documents (Craighurst Secondary Study, Simcoe County Growth Plan) xiii. Arena and Facility Usage Statistics It will be the successful consultant's task to review and assess the information results of all of these studies, identify gaps in information, conduct additional research where necessary and combine these into a comprehensive Strategic Facility Plan Document. 3 PROJECT GOAL AND OBJECTIVES The goal of the project is to research, develop, design and produce a fiscally responsible Strategic Facility Plan document far the Recreation and Community Services Department. The Plan will take into consideration the issues listed in Section 2.0 and address the objectives in Section 3.0 as well as reflect the current and future recreational, social, cultural, and physical facility needs of those who live, work and play in the Township ofOro- Medonte. The successful consultant will take into consideration the changing demographics and preferences of Township residents, industry and growth trends, the distinctiveness of communities, existing facility life spans, usage patterns, sustainability of resources, challenges facing the delivery of services, as well as the needs and preferences of Oro- Medonte residents. The research and needs assessment will farm the basis of recommendationslplansfnr existing and future community service facilities as well as form Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 5 Document II Terms o~/~~~ ~~rit <~ the basis for a conceptual design for the replacement/retrofit of existing arena in Guthrie which will be reviewed comprehensively for feasibility. The Plan and its strategies should be a true reflection of the Township involving the public, stakeholders, staff, the Recreation Technical Support Group and the members of Oro- Medonte Council at various stages of the review process. This goal will be achieved through the following objectives: 3.1 Trend and Population Projection Analysis i} Conduct a recreation trends analysis including issues and best practices regarding facilities, recreation, sport and culture activity participation trends. ii} Undertake a review of the socio-economic analysis and the population growth projections. iii) Conduct a municipal benchmarking analysis for the provision of facilities 3.2 Public Consultation and Needs Analysis Identify and develop a public and stakeholder consultation process that is targeted and focused in its approach. The process must include strategies to: i) consult with key stakeholders to determine needs, preferences, including but not limited to community organizations, users, staff, Council, surrounding municipalities; ii) consult with the public at large to determine needs, preferences, perception of current facilities and perceived gaps; iii) identify needs for Recreation and Community Services facilities including playing fields for the next twenty years 3. 3 Community Service Facilities Review the Townships inventory of existing facilities and playing fields with the outcome of: i} reviewing existing facilities and identifying any gaps (deficiencies) in the provision of community service facilities; ii) determining the lifespan of community halls and existing arena through structural and facility analysis; iii) identification of a preferred facility provision model indicating preferred relationships among facilities, desired degree of centralization, preferred support services and amenities, etc ; iv) identifying facilities/contracts that no longer meet the needs of the community and or inconsistent with the preferred facility model and should be eliminated; v} developing, identifying and recommending an implementation strategy for the provision of community service facilities in the short and long term; vi) to analyze capital and operating costs associated with strategies and recommendations; vii) identification and recommendation of an approach to capital improvements/facility replacement; viii) review policy on capital parkland development and provide a framework to deal with special requests for development of parklands; ix) review provision of library services, identify strategy far provision of library services; x) assessment of current and proposed facilities and their ability to support . ., v.__ . ~,.. ~ _ , .. ,. a _._ ~ _, _,_, ~ _., .~~.. Final Draft Strategic Facility Plan January 2408 Township of Oro-Medonte 6 Dacttnaent « 7"enns of lief~'r•~r1r~~ other municipal service objectives such as support for special events and tourism, tournaments and sports tourism xi) review energy efficiency of facilities and make recommendations onenergy conservation and funding opportunities available. 3.4 Review and identify modifications to the Development Charges {2004) as required 3.5 Multi-Purpose Recreation Complex Feasibility i) To determine the feasibility of the development of a Multi-Use Recreation Complex within recently acquired lands in Guthrie where the Arena is currently situated. The preferred configuration and amenities will be based an the issues identified in 2A and objectives outlined in section 3.0. At a minimum the feasibility of aMulti-Purpose Recreation Complex with the following amenities will be investigated: • Arena double pad • Outdoor Playing Fields • Meeting Rooms • Banquet Facilities • Storage Facilities ii) To initiate a preliminary conceptual facility design and preferred layout iii) Develop a conceptual facility drawing iv) Provide detailed capital cast estimates v) Analyze operating costs and revenue projections • Initial • Projected 5 years • Detailed budget analysis • Options for funding such a facility vi) Review Partnership opportunities and opportunities for external funding sources and fundraising methods in addition to traditional recreational grants. Also review possibility and recommendations with facility naming rights. vii) Identify and develop a comprehensive implementation plan 3.6 Implementation i) A detailed outline of capital and operating cost implications of the Strategic Facility Plan recommendations ii) A strategy outlining the proposed timing, roles and responsibilities, and municipal financing options far the implementation of recommendations iii) Review and identification of possible external funding sources and partnership opportunities. 4 GENERAL PROCESS GUIDELINES 4.1 Township of Oro-Medonte Technical Committee The Technical Committee will consist of: • The Manager of Recreation and Community Services • The Public Works Superintendent The Manager of Operations • The Building Manager • Treasurer (As required) • CAO {As required) Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 7 y~.. DoC'nm~°nr II Terms of Reference The role of the committee is to: i} review and finalize the terms of reference; ii) aid in the selection of the consultant by reviewing the proposals; iii) oversee and evaluate the development of the study and reports ensuring the terms of reference are being adhered to; iv} attend pertinent meetings to deal with the development of the study and the development of the relevant recommendations; v) provide existing inventory and background information to the consultant; vi) solicit input from various departments (Planning, Finance etc} as requested by successful proponent; vii} provide ongoing status reparts; and viii) with the consultants make recommendations to the Recreation Technical Support Group and to Council as required. 4.2 Recreation Technical Support Group This Recreation Technical Support Group is an advisory group appointed by Council which makes recommendations on policy affecting delivery of Community Services. The committee consists of five public members, two Councilors, and the Mayor as ex-officio. i} provide recommendations to the Technical Committee; ii) review ongoing status reports from the Technical committee; and iii) submit findings and recommendations as required. 5 CONSULTANT TEAM The Consultant Team will consist of a Recreation Planning Consultant as the prime consultant and the various sub-consultants. All sub-consultants shall provide full services to the Prime Consultant. The Consultant Team shall have knowledge and experience in municipal recreation facility master planning, program development, marketing, strategic planning, future trend analysis, public consultations and facilitation, land use planning, business planning, financial analysis, revenue generation and primary market research. The Consultant will provide the Technical Committee with a detailed critical path, outlining each task, indicating target dates for progress reports, meetings with the technical committee and others, analysis, submissions, and draft and final reports. This schedule is to be confirmed prior to the project's commencement. The Prime Consultant shall lead the complete team of Sub-Consultants. Any changes or substitutions to the consulting team shall be authorized in writing to the Township of Oro- Medonte. 6 SCOPE OF STUDY Study Area: The study area is the Township of Oro-Medonte. The study should also consider future demands related to municipal restructuring and the regional attraction potential of the facility developments. Timetable: The project will begin immediately after the Township of Oro-Medonte Council gives approval of the consultant selection. Proposed start date is May 2008 and completion by Beginning of Rlovember 2008 followed Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 g Dacrcment /I Terms of Re erence by meetings with the Committee of the Whole and Council in November 2008. The Consultant will provide the Technical Committee with detailed critical paths, outlining each task, indicating target dates for progress reports, meetings with the committees and others, analysis, submissions, and draft and final reports. This schedule is to be confirmed prior to the project's commencement. 7. DELIVERABLES The goal of the project is to research, develop, design and produce a fiscally responsible Strategic Facility Plan document for the Recreation and Community Services Department. The Plan will take into consideration the issues listed in Section 2.0 and address the objectives in Section 3.0 will reflect the current and future recreational, social, cultural, and physical facility needs of those who live, work and play in the Township of Oro-Medonte. The consultant will be responsible for the following deliverables: 7.1 Reports i) Draft Strategic Facility Plan The consultant will provide the Township of Oro-Medonte with 20 copies of each cerlox bound Draft document (10 of which will be in colour- cover and photos) including an executive summary ii) Fina! Strategic Facility Plan The consultant will provide 25 copies of cerlox bound final Strategic Facility Plan Studies and 30 copies of an executive summary, capable of being able to stand on its awn when removed from the rest of the document. The documents will be in colour (cover and photos). 7.2 CD's The consultant will provide 10 CD's of the final document and any related graphics or maps in the following Township compatible software: • Word; • Power Point; and • Excel. 7.3 Meetings The consultant will be responsible for providing minutes of all meetings within one week of each meeting. The following minimum number of meetings can be anticipated: • Committee of the WholelCouncil (3 meetings); • Technical Committees andlor Technical Support Group Meetings (8-10 meetings); and • Interviewslmeetings with appropriate project teams (4-6). • Public Meetings (4-6) 7.4 Presentation Materials The Consultant will be responsible for developing and producing all presentation materials - i.e. Maps, charts, presentation boards, pamphlets, handouts, designs etc. used for public consultation, presentations to staff, Township Council, etc. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 9 ~~. ~ ~~,.~ -~ Document II Terms o~Re erertce 8. PROPOSAL CONTENT REQUIREMENTS The consultant will prepare and submit twelve (12) copies of a proposal which clearly indicates how the work will be carried out. Interviews will be conducted after the proposal deadline. Proposals shall include name, address and telephone number of the proponent and all Sub-Consultants, and the following information: i) Experience of Consulting Team: Names, qualifications and relevant job experience of all personnel assigned to the project; including sub consultants, and their level of involvement. Specifically identify lead individual who will provide continuity throughout the project. Specifically identify key individual representing each sub-consultant. Identify team availability. Personnel substitution will not be accepted without prior approval of the Project Leader. ii} Approach and Methodology: A detailed approach and strategy for achieving the project's goals and objectives, as outlined in this RFP; a detailed description of the research to be conducted including an understanding of the major issues. iii) Public Consultation: A detailed plan including strategies, scheduling and methods. iv} Project Schedule: A project schedule indicating recommended stages, milestones, timing of meetings, timing and type of research, etc. The schedule must include all anticipated events between the initial start up meeting and the presentation of the Final Report to Council. v) Pricing: Each stage itemized including staff hours, casts, consultants assigned to the various components and an overall total cost. Some aspects of the project may be posted ar eliminated based on the funds available. The Pricing Form provided on Appendix A must be submitted for this section. vi) Client References: A minimum of three (3) references from similar, recent work in the last 3-5 years with municipalities of similar size and scope. 9. SELECTION CRITERIA Proposals will be assessed on the basis of information provided by the Proponent at the time of submission and shall take into account subsequent interviews with the Proponent as may be required. Proposals scoring 80% or above may be considered for an interview. Note: Only teams whose Prime Consultant has completed work of a similar nature for municipalities, since January, 2003, will be considered. The evaluation of the proposals will be conducted by an evaluation team or committee made up of representatives assigned by the Chief Administrative Officer, relevant Township staff and other such persons as maybe selected by the Township of Ora-Medonte. In selecting a Proponent with whom to negotiate an agreement, the Township will not use any single criterion. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 1~ L?r~eument !I Terms of R~lr~.r~<<~~~ Proposals will be evaluated on the basis of the following criteria. Each criterion will be scored 1 through 5 with 5 being the best scare. Each criterion has been assigned a weighting factor that represents the significance relative to other criteria. The scores far the criteria will be multiplied by the weighting factor assigned and the results will be totaled out of 100. The Proponent(s) whose proposal(s), in the absolute discretion of the Township of Oro- Medonte, best meets the requirements of the Township wit/ be designated as the Preferred Proponent{s). IVo obligation arises, however, until a mutually agreeable Agreement, based on the accepted proposal, is negotiated and executed. The relevant terms/text/contentl of this RFP, RFP addenda and Preferred Proponent's proposal, will be incorporated into a written agreement. Criteria: Note: Refer to Section 8 for specifics relating to content requirements of the proposal. 1. Experience of Consulting team: Priority Factor: 6X 1 2 3 4 5 125 2. Approach and methodology: Priority Factor:SX 3. Public Consultation: Priority Factor: 4X 4. Project Scheduling: Priority Factor:4X 5. Pricing: Priority Factor:4X 6. Client References: Priority Factor: 1 X Total Score out of 100 Proposal evaluation results are the property of the Township of Oro-Medonte. The Township intends not to disclose evaluation results, under any circumstances, either before, during, or after the RFP process. An award of an Agreement, if any, shall be basedon the evaluation results. By responding to this RFP, Proponents agree to accept the recommendations ofthe Evaluation Team as final and binding. ,___h, Final Dratt Strategic Facility Plan Township of Oro-Medonte 1 2 3 4 5 125 1 2 3 4 5 /15 1 2 3 4 5 115 1 2 3 4 5 !15 1 2 3 4 5 /5 January 2008 11 ~. l7acument CI Terms a~Re erer~ce NOTICE OF "NO SUBMISSION" THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BID NO: RFP# RC2008-01 tMPORTAIVT -PLEASE READ THJS It is important that the Township receives a reply from all invited bidders. There is no obligation to submit a Proposal However, should you choose not to submit a proposal, completion of this form will assist the Township in determining the type of goods andlor services in which you are interested in submitting future proposals. INSTRUCTIONS If you are unable, or do not wish to submit a proposal on this Contract, please complete the following portions of the form. State your reason for not submitting a proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Proposal document. Return the completed form via fax 7Q5-487-0133 prior to the official closing date. 1. We do not manufacturelsupplytMs commodity 2. We do not manufacturelsupply to this specification 3. Unable to quote competitively 4. Cannot handle due to present plant/work load 5. Ouantitylproject too large 6. C2uantity/project too small 7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us to sell direct Other reasons or additional comments: Do ou wish to submit a ra osal on these in the future? Yes No Proponent Name Address Signature of Proponent Representative Title Date Telephone No. Final Draft Strategic Facility Ptan Township of Oro-Medonte January 20Q8 IZ I7ocurner~t III Proposal Form DOCUMENT III PROPOSAL FORM THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PROPOSAL NUMBER: RFP# RC2flfl$-fl1 FOR: CONSULTING SERVICES FOR STRATEGIC FACILITIES PLAN TOWNSHIP OF ORO-MEDONTE RECREATION AND COMMUNITY SERVICES This proposal is submitted by: Address: Pascal Code: Telephone: E-mail Address: Proponent's G.S.T. No: Name of Authorized Person 1. Title {print} (print} Name of Authorized Person 2. (print) Title {print) Name of Authorized Person 3. (print) Title (print) Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 1 Doc~~ment ICI Prot~osal Form To The Corporation of the Township of Oro-Medonte, Hereafter called the "Owner": I!W e® declare: the undersigned THAT INVe have carefully examined the locality and site of the proposed works, as well as all the Contract documents (including any Health & Safety Regulations) relating thereto, prepared, submitted and rendered available by the Owner, and hereby acknowledge the same to be part and parcel of any contract to be let for the work therein described or defined. 2. THAT no Person(s), Firm or Corporation other than the one(s) bidding has any interest in this proposal or in the contract proposed to be undertaken. 3. THAT this proposal is made without any connections, knowledge, comparison or figures or arrangements with any other company, firm or person making a bid for the same work and is in all respects fair and without collusion or fraud. 4. THE Proponent represents that no member of Council, and no officer or employee of the Owner, is, or has become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise howsoever in or on the performance of the said contract, or in the supplies, work or business in connection with the said contract, ar in any portion of the profits thereof, or of any supplies to be used therein, or in any monies to be derived there from. 5. THAT the several matters stated in the said proposal are in all respects true accurate and complete. 6. THAT I/W E do hereby bid and offer to enter into a contract to do all the work and to provide all of the labour and to furnish, deliver, place and erect all materials mentioned and described or implied therein including in every case freight, duty, currency exchange, G.S.T. and P.S.T. in effect on the date of the acceptance of bid, and all other charges on the provisions therein set forth and to accept in full payment therefore, in accordance with the prices and terms set forth in the proposal herein. 7. THAT this proposal is irrevocable and open for acceptance, by the Owner until ninety (90) Working Days have elapsed from Closing Time. The Owner may at any time within that period, without notice, accept this bid whether previously any other bid has been accepted ar not. 8. THAT the awarding of the contract, by the Owner is based on this submission, which shall be an acceptance of this proposal. 9. THAT if the Proposal is accepted, 1lWE agree to furnish all documentation, security and certifications as required by the Contract Document and to execute the agreement 10. THAT I/WE agree to save the Owner, its officers, agents, andlor employees, harmless from liability of any kind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the contract of which the bidder is not the patentee, assignee, or licensee. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte 2 C7occ~mertt Ilr proposal Farm 11. THAT I1W E propose to engage the sub-contractors and obtain materials and equipment from the bidders and manufacturers listed in the schedules on the following pages headed "Schedule of Sub-contractors" and Schedule of Bidders and Manufacturers". 12. THAT Addendum/Addenda No. to inclusive relating to the said contract have been received and the Bidder hereby accepts and agrees to the same as forming part and parcel of the said contract. 13. THE TOTAL PROPOSAL PRICE (INCLUDING TAXES): In lawful money of Canada The undersigned affirms that it is duly authorized to complete this bid by signing it. IF BIDDER IS A CORPORATION: Name of Corporation: Signature: IF BIDDER IS A JOINT VENTURE, REFER TO THE DEFINITION OF AUTHORIZED PERSON (If Corporate Seal in not available, documentation should be witnessed and the words "I have authority to bind the Corporation" added) Dated at the DOLLARS ($ ) (I have authority to bind the corporation) (City t Town) This day of 20 Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 3 Document lII Proposal Form SCHEDULE 1 FIXED FEES FQR CORISU<-TING SERVICES Total Fixed Fees shall be equal to, and shall not exceed: Fixed Fee: $ G. S. T. $ Total: (Transfer Total Fee including GST to Document 111, Proposal Form, Item 13) A) Please provide a Fixed price proposal with payment based on Project Milestones / Deliverables for the completion of the whole project. B) Please attach to the proposal a detailed payment plan indicating the stages of itemized payments including a breakdown of hours, costs and consultant assignment for each component of the project. Final Draft Strategic Facility Plan January 20Q8 Township of Oro-Medonte 4 =~ Doc~un~ent II! Prc~t~osa~ Forn SCHEDULE II LIST OF REFERENCES Please provide a minimum of three (3} qualified customer references. The projects should be of similar sire and scope with municipalities and aver and similar environment as the Township of Oro-Medonte. The Township of Oro-Medonte reserves the right to use these references far evaluation of proposals. REFERENCE # 1 Company Name: Industry: Address: Contact Name: Title: Telephone Number: E-mail: Project Description: Gampletion Date (mm/ddlyyyy}: REFERENCE # 2 Company Name: Industry: Address: Contact Name: Title: Telephone Number: E-mail: Project Description: Gampletion Date (mmldd/yyyy} REFERENCE # 3 Company Name: Industry: Address: Contact Name: Title: Telephone Number: E-mail: Project Description: Completion Date (mmldd/yyyy): Final Draft Strategic Facility Plan January 2Q08 Township of Oro-Medonte 5 Doetrnzerxt /II Prat~vsal Farm SCHEDULE III LIST OFSUB-CONTRACTORS Please list the type of work and the sub-contractor you propose to use or State "OWN FORCES" if asub-contractor is not required for any of the trades listed. The Owner reserves the right to approve all proposed sub-contactors and where the Owner objects to the use of any proposed sub-contractor, the Bidder shall use another sub-contractor acceptable to the Owner. Any proposed changes to the approved list of sub-contractors subsequent to the Contract award shall be subject to the approval of the Owner. The awarded Bidder may be required to produce schedule of references for all ar any proposed sub-contractors. The awarded Bidder shall only use those sub-contractors approved by the Owner and shall be held fully responsible to the Owner for the acts and omissions of its sub-contractors. TYPE OF WORK ( SUB-CONTRACTOR ( CONTACT NAME & NUMBER Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 Dc~cunaent IV Agreerreer~t DOCUMENT IV AGREEMENT THIS AGREEMENT made on this day of , 20_ BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE a municipal corporation created under the laws of Ontario (the "Township") -and- a corporation incorporated under the laws of Ontario (the "Consultant") BACKGROUND: WHEREAS the Township desires to undertake the implementation of the Project (as herein defined) for the purpose of the development of a Strategic Facility Plan. AND WHEREAS the Consultant has submitted a Proposal to the Township far the provision of certain Services (as herein defined) in relation to the Project; AND WHEREAS the Township agreed to retain the Consultant on the terms contained in this Agreement to provide the Services to the Township; IN CONSIDERATION of the foregoing Background, the sum of ONE DOLLAR ($1.00) now paid by each of the Parties to the other, the mutual covenants in this Agreement and such other good and valuable consideration (the receipt and adequacy of which are hereby acknowledged) the Parties hereby agree as follows: ARTICLE I INTERPRETATION 1.1 Definitions: In this Agreement, except where the context or subject matter is inconsistent therewith, the following terms shall have the following meanings: "Agreement" means this Agreement and all schedules annexed to this Agreement as the same may be amended from time to time in accordance with the provisions hereof; "Applicable Laws" means all statutes, regulations, codes and by-laws, federal, provincial, municipal or otherwise, including applicable official plan policies, zoning by- Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte Document !V Aereernent laws, and municipal design guidelines, relating to or which affect ar apply to the design, development and construction of the Project; "Business Day" means any day other than a Saturday, Sunday or statutory or civic holiday in Oro-Medonte, Ontario; "Deliverables" means all reports, studies, drawings, plans, renderings and other documents required as part of the Services; "Force Majeure" has the meaning set forth in Section 9.5 hereof; "Including" means including without limitation to the generality of the foregoing; "Indemnified Persons" has the meaning set forth in Section 6.1 hereto; "Loss" ar "Lasses" means any and all claims, losses and damages of every nature or kind whatsoever including, all director indirect damages, punitive or exemplary damages, loss of profits, consequential damages, incidental damages and special damages and all lasses, damages or claims arising in relation to personal injury, death, damage to property, and any and all third party claims for losses, damages, injury, personal injury, death or property damage and any and all court costs, arbitration fees, penalties, fines, amounts paid in settlement of claims and legal fees and expenses of investigation; "Party" means either the Township or the Consultant and "Parties" means all of them; "Person" includes an individual, corporation, partnership, joint venture, trust, unincorporated organization, the Crown or any agency or instrumentality thereof or any other entity recognized by law; "Project" means the project described in Schedule "A", the total implementation contemplated of which the Services may be the whole or a part; "Project Representative" means the Person designated by the Township to act as the Township's representative for the Project as provided herein; "Proposal" means the Consultant's proposal attached as Schedule "B" for the provision of the Services to the Township; "Services" means the services more particularly described and set forth in Schedule "A" and "B" hereto, including the provision of the deliverables and the services, actions, advice and activities described in Sections 2.3 and 2.4 and Document II, and all services provided by all sub-consultants and the Consultant's required activities related to the co- ordination of the sub-consultants' services and responsibilities in order to integrate all components of the Project; "Standards" means the highest of (a) the standard employed or imposed by law, (b) the standard prescribed by the professional and regulatory bodies in the applicable profession, field or discipline governing the activities, licensing and responsibilities of the Consultant, (c) the standard prescribed or contemplated by the Agreement or (d) the degree of care and skill at least equal to that which a qualified and experienced Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 2 Document IV Agreement cansultant would expect of a competent consultant in a like situation performing work for a similar first class project of a nature and magnitude contemplated by this Agreement; "Term" has the meaning set forth in Section 7.1 hereto; "Transfer" means any assignment, transfer, license, sub-contracting, retainer of sub- eonsultants, mortgage, pledge, hypothecation, charge or any other encumbrance or any other divestiture of the benefits of any rights or the performance of any obligations under this Agreement, including if the Consultant is a corporation, any transferor issue by sale, assignment, bequest inheritance, consolidation, subscription, operation of law or other disposition ar liquidation of all ar any part of the corporation shares of the Consultant or of any holding or subsidiary corporation of the Consultant which is an associate ar affiliate of the Consultant as those terms are defined under the Business Corporations Actor any amalgamation or merger which results in any change in the present effective voting control of the Consultant by the Person holding such voting control. 1.2 Schedules: The following schedules are attached hereto and incorporated herein and form part hereof: Schedule "A" -Services -Terms of Reference; Schedule "B" -Fixed Fees Schedule "C" -Consultant's Proposal In the event of any conflict, discrepancy or inconsistency between any term and condition contained in the body of this agreement and any of the schedules attached hereto, the terms and conditions of this Agreement shall prevail. 1.3 Headings and Index: The division of this Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The articles, section, subsection and schedule headings in the Agreement are not intended to be full or precise descriptions of the text to which they refer and should not be considered part of this Agreement. 1.4 Extended Meanings: The wards expressed in the singular include the plural and vice- versa and words in one gender include all genders. The words "hereof", "herein", hereunder", and similar expressions used in any section or subsection of the Agreement, relate to the whole of this Agreement and not to that section or subsection only, unless the context so indicates. "Article" or "Section" means or refers to the specified Article and Section of this Agreement. The use of the neuter singular pronoun to refer to the Township or the cansultant is deemed a proper reference even though the Township or Gansultant is an individual partnership, association, corporation or group of two or more individuals, partnerships, associations ar corporations. 1.5 Entire Agreement: This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions whether oral or written of the Parties pertaining to such subject matter. There are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof except Final draft Strategic Facility Plan January 2008 Township of Oro-Medonte D~ci~naent IV r1 ~reement those specifically set out herein. The execution of this Agreement has not been induced by nor do any of the Parties rely upon or regard as material any representations not included in this Agreement. Any subsequent amendments to this agreement, shall be by way of amendment agreement, to be done in writing, and dated and executed by both parties, and shall be subject to all the terms and conditions of this agreement, with the exception of those sections as amended by the aforementioned amendment agreement. 1.6 Governing. Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and the courts of Ontario shall have exclusive jurisdiction to determine all disputes arising out of this Agreement. 1.7 Currencv: Unless indicated to the contrary, all dollar amounts referred to in this Agreement are in Canadian funds. 1.8 Invalidity: If any of the provisions contained in this Agreement are found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect then such provisions are deemed to be independent of the remaining provisions of this Agreement and to be severable and divisible therefrom and the validity, legality ar enforceability of the remaining provisions captained herein shall not be in any way affected or impaired thereby. 1.9 Contra Praferentem: Each Party acknowledges and agrees that it has participated in the drafting of this Agreement and that no portion of this Agreement shall be interpreted less favorably to either Party, because that Party or its legal council was primarily responsible for the drafting of that portion. ARTICLE 11 SERVICES 2.1 Consultant's Retainer: The Township agrees to retain the Consultant for the purpose of providing the Services in relation to the Project on the Terms provided in this Agreement; 2.2 Provision of Services: The Consultant agrees to provide to the Township the Services on the terms provided in this Agreement, which Services shall be performed by the Consultant as follows; in a good and professional manner with all due diligence and dispatch in accordance with all Standards; .ii in compliance with all Applicable Laws; .iii in accordance with the requirements set forth in Section 2.3 far each identified phase of the Project; and, .iv to the overall satisfaction of the Township's Project Representative. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 4 Dvcr~n7ent N A~~eement The Consultant acknowledges that the description of Services provided for in this Agreement is not full definitive and may require additional or further actions, activities and deliverables on the part of the Consultant to be provided to the Township having regard to changes in the circumstances and conditions during the course of the implementation of the Project without any further increases, adjustments or additions to the fixed fees and reimbursable expenses identified in Schedule "C" to this Agreement. 2.3 Proiect Phases: The Consultant shall provide the Services to the Township in accordance with the Terms of Reference and Proposal. Services shall be deemed to include, the requirements identified in the Terms Of Reference, services and activities relating to each identified phase within the timelines of the Project Phases submitted in the proposal. 2.4 Proiect Schedule: The Consultant shall immediately, within five {5) Business Days of the Township's execution of this Agreement, prepare and submit to the Township's Project Representative for approval, a Project Schedule, and the Consultant shall ensure, to the extent such matters are within the reasonable accardance with the Project Schedule. The Consultant agrees that any changes, alterations or extensions to the Project Schedule shall first require the approval, in writing and signed, of the Township's Project Representative. ARTICt.E III FEES AND REIMBURSEABLE EXPENSES 3.1 Fixed Fee: Subject to the terms of this Agreement, and provided the Consultant shall have complied with all obligations under this Agreement, the Township shall pay to the Consultant for the performance of the Services a fixed fee amount equal to the amount set forth on Schedule "B" hereto. 3.2 Time for Payment: Monthly invoices submitted by the Consultant shall be paid by the Township within thirty {30) Business Days following receipt of the invoice by the Township's Project Representative, or the resolution of an objection under Section 3.5 below. Invoices shall provide a detailed account of the Services rendered and all Reimbursable Expenses incurred and shall be submitted to the Township and addressed to the Project Representative for a review, assessment and processing where the invoices are deemed to be acceptable or following the resolution of an objection under Section 3.5 below. 3.3 Monthly Payments: The parties agree that the fixed fee and reimbursable expenses component shall be paid monthly and where applicable shall be in proportion to the Services performed within each phase of the Service in accordance with Section 2.3, or this Agreement by the Consultant of invoices for Services rendered or reimbursable expenses incurred. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte D~c~ument /V Agreement 3.4 4biectians: Where the Township's Project Representative has any concern or objection with respect to any invoices submitted by the Consultant or requires any clarification or the submission of any additional information or details in relation to any invoice, the Project Representative shall notify the Consultant in writing within ten (10) Business Days of the receipt of such invoice outlining the nature and extent of such concerns or objections and until such concerns or objections are resolved to the satisfaction of the Township's Project Representative, the invoice amount shall not be due and payable by the Township. 3.5 Deductions: Deductions may be made by the Township from amounts payable to the Consultant on account of any Losses, as defined in Section 1.1 of this agreement, incurred by the Township or other sums withheld from payments to Contractors or on account of the cost or changes in the Work far which the Consultant is responsible or has otherwise agreed to pay. ARTICLE IV TOWNSHIP'S RESPQNSIBILITIES 4.1 Township's Responsibilities: The Township shall: i} provide complete information, to the best of its abilities, regarding the requirements for the Project including Project objectives, constraints, schedules and criteria; ii) examine all documents submitted by the Consultant and through the Project Representative provide decisions and approvals as necessary; iii) immediately notify the Consultant in writing if the Township observes or becomes aware of any fault or defect in the Project or any non-conformity with requirements of the Township; iv} promptly fulfill the Township's responsibilities for the orderly progress of the Services and of the Work; and v) authorize in writing a person to act on the Township's behalf as the Project Representative and define that person's scope of authority with respect to the Project where necessary. 4.2 No Derogation of Consultant's Qbligations: Notwithstanding Section 4.1 above, the Consultant shall remain and be responsible for the performance of its obligations hereunder in accordance with the terms of this Agreement, and nothing contained in Section 4.1 above shall in any way be deemed, construed or interpreted to derogate from or diminish the Consultant's obligations to provide the Serviced hereunder or the Township or the Township's Project Representative from relying upon the provision of such Services by the Consultant in accordance with this Agreement. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 Document IV A~ r'r~, ~ c~r t t ARTICLE V COPYRIGHT 5.1 Copyright: The Parties agree that copyright for the Deliverables prepared by the Consultant or any of the sub-consultants shall belong to the Township. The Deliverables including all plans, sketches, drawings, graphic representations and specifications including computer generated designs shall be deemed to be instruments of the Consultant's Services and shall remain the property of the Township, whether the Project for which they are rendered is executed or not. The Consultant shall be entitled to retain copies, including reproducible copies of all Deliverables and plans, sketches, drawings, graphic representations and specifications. The Township shall own and be entitled to keep original models or any renderings which the Township has specifically commissioned as part of the Services. ARTICLE VI INDEMNITIES AND INSURANCE 6.1 General Indemnity of the Consultant: The Consultant agrees to indemnify and hold harmless the Township, its Members of Council, elected officials, officers, employees, servants, agents, contractors, sub-contractors and any Person for whom the Township may be responsible under any law (collectively the "Indemnified Persons") from and against any and all Losses incurred or sustained by the Indemnified Persons or which any one or more of the Indemnified Persons may suffer or become liable for, as a result of, or in connection with, or in relation to any matter arising under this Agreement or in consequence of any breach of any warranty, representation, term, obligation or covenant of the Consultant contained in this Agreement, any of the acts, omissions, or negligence of the Consultant or of any other Person or any other Loss arising directly or indirectly in relation to the provision of the Services hereunder. 6.2 Liability of the Consultant: The Township agrees that any and all claims for Losses which it has or hereafter may have against the Consultant in any way arising out of or related to the Consultant's Services pursuant to this Agreement, whether such Losses arise in contract or in tort, shall be limited to the amount of $ each claim and $ for all claims during each period of coverage as provided by the Consultant's professional liability insurance or indemnity against errors and omissions in effect at the date of execution of this Agreement, including the deductible portion thereof. 6.3 Increase in Coverage: The Consultant's policy for professional liability insurance or indemnity for errors and omissions is available for inspection by the Township at all times upon request. Prior to the date of execution of this Agreement, if the Township wishes to increase the amount of the coverage of such policy or to obtain other special insurance coverage, then the Consultant shall co-operate with the Township in obtaining such increased or special insurance coverage at the Township's expense. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 7 Document CV A,~reerraent 6.4 Carriage of litigation or Settlement: The Township may at its option and at the Consultant's expense, participate in or assume carriage of, andlar settle any action, demand, claim, ar application relating to the foregoing or any matter for which the Consultant is required to indemnify the Township under this Agreement. Alternatively, the Township may require the Consultant at its expense to assume carriage of and responsibility for all or any part of such litigation or discussions subject to the Consultant at all times keeping the Township up to date in writing regarding the status thereof. 6.5 Costs and Expenses of Enforcement: The Consultant shall pay the Township on demand, all costs and expenses including any professional, consultant and legal fees (on a solicitor and client basis) that may be incurred or paid by or on behalf of the Township in enforcing the terms, covenants and conditions of this Agreement. 6.6 Limited liability and Release: The Consultant agrees that, notwithstanding anything to the contrary contained herein, the Indemnified Persons shall not be liable to the Consultant and the Consultant hereby releases and forever fully discharges the Indemnified Persons in relation to any matter under this Agreement for any Losses suffered, incurred, sustained by the Consultant, and the Consultant further agrees and confirms that the Township shall not have assumed and shall not be deemed to have assumed or be responsible for any further liabilities, responsibilities or obligations to the Consultant in any manner whatsoever in consequence of entering into this Agreement or in relation to any of the provisions contained herein or the subject matter under this Agreement. ARTICLE VII TERMS AND TERMINATIt)N 7.1 Term: Unless stated in the Agreement, the provision of the Consultant's services and the performance of its obligations terminate [insert term] (the Term). 7.2 Termination for Cause: This Agreement may be terminated by the Township upon fifteen (15) Business Days written notice should the Consultant fail to perform its obligations in accordance with the terms of this Agreement through no fault of the Township. Notice of the failure with reasonable time to rectify shall be provided prior to the issuance of the written notice to terminate. 7.3 Abandonment of Proiect: This Agreement may be terminated by the Township upon at least ten (1 d) Business Days written notice to the Consultant in the event that the Project is permanently abandoned. 7.4 Compensation on Termination: In the event of termination, pursuant to Section 7.3 above, the Consultant shall be compensated within twenty (20) Business Days from the date that an invoice is rendered for all Services performed to termination date, together with reimbursable expenses then due, less any amounts relating to any Losses incurred by the Township in relation to such termination. 7.5 Remedies Cumulative: All rights and remedies of the Township hereunder shall be cumulative and in addition to all other rights and remedies available at law or in equity or otherwise. ~n,_~ Finaf Draft Strategic Facility Plan January 2008 Township of Oro-Medonte g Document IV .1~~rr~~i~~<~~tt ARTICLE VIII REPRESENTATIONS AND WARRANTIES 8.1 Representations and Warranties by the Consultant: The Consultant hereby represents and warrants to the Township as follows: i) if the Consultant holds itself out as a corporation, then it warrants that it is a corporation duly incorporated, validly subsisting and in good standing under the laws of the Province of Ontario and duly authorized and licensed to provide the Services; ii} the Consultant is duly authorized and empowered and has the corporate power and authority to enter into this Agreement and to perform all terms and obligations contained herein and that all necessary corporate proceedings, by-laws and requirements have been effected and complied with in order to enable the Consultant to enter into this Agreement; iii) neither the execution nor the delivery of this Agreement nor the fulfillment or compliance with any of the terms hereof shall conflict with, or result in the breach of the terms, provisions or conditions of, or constitute default under the letters patents, articles, constating documents, by-laws as amended of the Consultant or any other Agreement or instrument to which the Consultant is a party thereto or require any consent or action by any administrative or any federal, provincial or municipal government body; iv} there are no actions, claims, demands or other proceedings pending or threatened before any court or administrative agency which could adversely affect the financial condition of the Consultant or the operations and activities thereof, and no outstanding judgment, orders or decrees enforceable against the Consultant whatsoever. 8.2 No Representations and Warranties by the Township: The Township makes no representations, warranties, or assurances whatsoever hereunder, and the Consultant hereby confirms and agrees that the Indemnified Persons have not at any time prior to, during or after the entering into this Agreement made, provided or rendered any representations, warranties, assurances or advice to the Consultant whatsoever regarding any matters provided far herein, including without limitation, the legal effect or validity of this Agreement or the authority of the Township to enter into this Agreement or to take any actions or perform any obligations required to be performed by the Township hereunder. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 9 Document N Agreement ARTICLE IX GENERAL 9.1 Notice: Any notice, demand or other communication {in this section, a Notice required or permitted to be given or made hereunder) shall be in writing and shall be sufficiently given or made if: (a) delivered in person, during normal business hours on a Business Day and left with a receptionist or other responsible employee of the relevant Party at the applicable address set forth below; (b} sent by prepaid first-class mail; ar (c) sent by any electronic means of sending messages including facsimile or e-mail transmission which produces a paper record {Electronic Transmission) during normal business hours on a Business Day charges prepaid and confirmed by prepaid first-class mail. In the case of a notice addressed to the Township at: THE CORPORATION OF THE TOWNSHIP OF ORO-NIEDONTE 148 Line 7 S, Box 100 Oro, ONTARIO LOL 2X0 Attention: Shawn Binns E-mail address: sbinns@oro-medonte.ca Facsimile No: 705-487-0133 with a copy to [insert additional parties to be copied) and in the case of a notice addressed to the Consultant at: [insert address] Attention: E-mail address: Facsimile No: Each notice sent in accordance with this section shall be deemed to have been received: (a) at the time it was delivered; {b) at the beginning of business of the third (3rd) Business Day after it was mailed, excluding each Business Day during which there existed any general interruption in postal serviced due to strike, lock-out, statutory holiday, or other cause; or (c) one (1) hour after they were sent on the same day that it was sent by electronic transmission or at the start of business on the first (15t) Business Day thereafter if the day on which it was sent by electronic transmission was not a business Day. Final Draft Strategic Facility Plan January 2008 Township of Oro-Medonte 1~ Docr~rner~t IV Agreement Any party may change its address for notice by giving notice in writing to the other parties as provided in this section. 9.2 Further Assurances: Each party shall do such acts and shall execute such further documents, conveyances, deeds, assignments, transfers and the like and will cause the doing of such acts and will cause the execution of such further documents as are within its power as any other party may, in writing, at any time and from time to time reasonably request be done andlor executed in order to give full effect to the provisions of this Agreement. 9.3 Assignment: The Consultant shall not be entitled to Transfer this Agreement without the prior written consent of the Township, which consent may be arbitrarily or unreasonably withheld. 9.4 Binding on Successors: This Agreement shall ensure to the benefit of and be binding upon the respective parties hereto and shall bind the successors and assigns of the Township and the permitted successors and assigns of the Consultant. 9.5 Force Maieure: Except as expressly provided in this Agreement, and except obligations involving the payment of any monies, charges or other amounts, the dates and times by which a Party is required to render performance under this Agreement shall be postponed automatically to the extent and for the period of time that such a party is bona fide prevented from meeting them by any reason of any cause beyond its reasonable control, including strikes, labor troubles, inability to procure materials or services, power failure, governmental laws, regulations or controls, riots, civil commotion, insurrection, sabotage, invasion, rebellion, use of military power, war or war like operations, acts of God, or any other reason whether of a like nature or not which is not the fault of the party delayed in performing work or doing acts required under the terms of this Agreement (collectively "Force Majeure"). The Party prevented from rendering performance must notify, in writing, the other party ar Parties immediately and in detail of the commencement and nature of such cause and the probable consequences thereof. Such Party must use its reasonable efforts to render performance in a timely manner utilizing to such end, all resources reasonably required under the circumstances including obtaining supplies or services from other sources if same were reasonably available. The party delayed by a Force Majeure shall be entitled to perform such a term covenant or act within the appropriate time period after the expiration of the period of such delay. 9.6 Independent Contractor: In giving effect to this Agreement, no Party shall be or be deemed an agent or employee of the other Party for any purpose and that their relationship to each other shall be that of independent contractors. Nothing in this Agreement shall constitute a partnership or a joint venture between the Parties. No Party shall have the right to enter into contracts or pledge credit of or incur expenses or liabilities on behalf of the other Party. 9.7 Time of the Essence: Time shall be of the essence hereof. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 11 a. ~. Docurraent IV Agreemend 9.8 Constitution of the Consultant; If, at any time during the Term of any renewal term, if any, there is more than one Person constituting the Consultant hereunder, then they shall each be liable jointly and severally far all of the Consultant's obligations hereunder and a default by one shall be deemed a default by all, or if the Consultant is a partnership, joint venture or co-tenancy, each person who is presently a member of any successor partnership joint venture or eo-tenancy hereafter shall be and continue to be liable jointly and severally for the full and complete performance of and shall be and continue to be subject to the terms, covenants and conditions in the Agreement, whether or not such Person ceases to be a member of such partnership, joint venture or co- tenancy orsuccessor partnership, joint venture or co-tenancy. 9.9 Waiver: The failure of the Township to insist on the strict performance of any provisions of this Agreement or the failure of the Township to exercise any right, option or remedy shall not be construed as a waiver for the future for any such provision, right, option or remedy or as a waiver of any subsequent breach thereof. The Waiver by the Township of any breach of any term, covenant or condition herein contained is not deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant andlor condition herein contained. 9.1 Q Amendments: No amendment, variation, addition, deletion, supplement, modification, rider or other change to this Agreement shall have any force or effect unless it is in writing and unless it has been executed by all of the Parties hereto. 9.11 Set-Off: The Consultant agrees that the Township shall be entitled to set-off against any monies, charges, or other amounts due and owing by the Township hereunder to the Consultant, any monies, charges, Losses or other amounts due and owing by the Consultant to the Township, or as a result of any monies expended by the Township pursuant to Clause 6.5 of this Agreement. 9.12 No Fettering. of Township Discretion: Nothing contained in this Agreement shall be construed or interpreted in any manner to require the Township to grant any consent, authorization or approval so as to fetter the absolute regulatory discretion of the Township under any applicable legislation, regulations, policies or procedures regarding any matters relating to this Agreement including the application by the Township of any planning or engineering standards, requirements and specifications or the design and installation of engineering services or any other related matters. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 12 L7ocunzent IV Agreement THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PER: PER: PER: Authorized Signing Officer PER: Authorized Signing Officer IMIe have authority to bind the Corporation. Final Draft Strategic Facility Plan Township of Oro-Medonte January 2008 13 Document V Arwenclices DC?CUMENT V APPENDICES SCHEDULE ``A" SERVICES -TERMS OF REFERENCE Draft Terms of Reference January 2008 Strategic Facility Plan Township of Oro-Medonte Dacr~nzent V Anp~ndices SCHEDULE "B" FIXED FEES AND REIMBURSEABLE EXPENSES Please provide a fixed price proposal with payment based an Project Milestones /Deliverables for the completion of the whole project. Total Fixed Fees and Expenses shall be equal ta, and shall not exceed: Fixed Fee. G. S. T. TOTAL Draft Terms of Reference Strategic Facility Plan Township of aro-Medonte January 2008 2 Dacutnertt V Apneredices SCHEDULE"C" CONSULTANT'S PR4PUSAL Draft Terms of Reference January 20Q8 Strategic Facility Plan Township of Oro-Medonte Recreation and Community Services “Enriching communities through people, place and programs” “Enriching communities through people, place and programs” Strategic Facility Plan Overview Prepared By: Shawn Binns Manager of Recreation and Community Services Council Meeting March 26, 2008 Background Background 1994 –Amalgamation 1994 –Amalgamation 1997 -Recreation Master Plan –In response to changing 1997 -Recreation Master Plan –In response to changing recreational needs recreational needs 2001 -Parkland Secondary Study 2001 -Parkland Secondary Study 2005 –Council acquired 70 acres of land in Guthrie for future 2005 –Council acquired 70 acres of land in Guthrie for future Recreational Development Recreational Development 2007 -Council recognized the need for a long term plan for 2007 -Council recognized the need for a long term plan for Community Facilities and authorized the Recreation Community Facilities and authorized the Recreation Technical Support group to begin working on a Terms of Technical Support group to begin working on a Terms of Reference Reference 2008 - Terms of Reference reviewed and approved by Rec. Tech 2008 - Terms of Reference reviewed and approved by Rec. Tech Project Funding allocated in 2008 budget approved by Project Funding allocated in 2008 budget approved by Council Council Issues affecting the study Issues affecting the study Growth Growth ? ? Aging Facilities Aging Facilities ? ? Community Halls Community Halls ? ? Oro-Medonte Community Arena Oro-Medonte Community Arena ? ? Changing Demographics Changing Demographics ? ? Culture and Heritage Culture and Heritage ? ? Financial Sustainability Financial Sustainability ? ? Recreational Tourism Recreational Tourism ? ? Size of Municipality Size of Municipality ? ? Accessibility Accessibility ? ? Partnerships Partnerships ? ? Goals and Objectives Goals and Objectives Trend and Population Analysis Trend and Population Analysis ? ? Public Consultation and Needs Analysis Public Consultation and Needs Analysis ? ? Community Service Facilities Community Service Facilities ? ? Multi-Purpose Recreation Facility Feasibility Multi-Purpose Recreation Facility Feasibility ? ? Implementation Implementation ? ? Roles and Responsibilities Roles and Responsibilities Public and Stakeholder Consultation Public and Stakeholder Consultation Consultants Consultants O-M Technical Committee O-M Technical Committee Recreation Technical Support Group Recreation Technical Support Group Council Council Evaluation Criteria Evaluation Criteria Criteria Score Experience in Consulting Team, 25 Experience of developing similar plans for municipalities, scope and complexity shall be preferred. Approach and Methodology 25 Public Consultation 15 Client References 15 Pricing: 15 Project Scheduling 5 Total 100 25 Short list Presentation Council will receive staff recommendations and view top 3 submissions Council will receive staff recommendations and view top 3 submissions ? ? Council will decide upon and award the successful proposal Council will decide upon and award the successful proposal ? ? Proposed Timelines Proposed Timelines Dates Release of RFP April 1, 2008 Deadlines of Questions to be submitted by April 16, 2008 the Proponents All responses to be sent out to Proponents April 18, 2008 Close RFP April 25, 2008 Short Listing Proponents April 28,2008 Short Listed Proponents to Present Demo Week of April 28, 2008 Award Beginning of May, 2008 Results Results Determination of Community Determination of Community Needs and involvement in Needs and involvement in process process Facility Model Facility Model Building Audit Building Audit Initial facility design for Initial facility design for Guthrie Guthrie Culture and Heritage Culture and Heritage Financially Sustainable Plan Financially Sustainable Plan Opportunities Opportunities Resource Allocation Resource Allocation Business Plan for future Business Plan for future decision making decision making y.~,~ ~,"^'° v Oro-lVledonte Chamber of Commerce In cues you to attend C)ro-Medonte's Best Networking 'vent of ~e Yearj ~~e ~~~nual Business Acl.~re venent A wards Z?lnner And Silent Auction Monday Aprx17r~cf at the freights of Horsesf~oe 1106 Horseshoe Valley Rd. +~'ock~~i1s-~:30prrr. Dinner-7: ©4p~. Featuring delicious cuisine from our finest local dining establishments Entertainment Great Silent Auction Items! Members and Noll Members Welcomel Tickets X40.00 To order tickets cal!` ~C,aml at 48T-733T or a mail rnfoCoromedontecc.com Deadline for reservations: April 3rd ~?OYlB Come out and su, pport local Businessl ~~~~~ `i1~ -~~~-L~(%~;:t Date; March 15, 2008 l U'J~JNSF~iF' Attention: Manor and memCber~ c~-f_~o akin Last October I requested that the council consider creating a by-law to prohibit the discharge of firearms an unopened road allowances and suggested the idea of buffer zones around high traffic areas such as roads and hawses. The council did not support of these ideas. It seems that a recent ruling from the Ontario Court of Justice supports the council's decision. As written in the Orangeville Banner: (www.aranaevillebanner,com/newslarticlel43892) Date: Feb. 25, 2008 A Brampton men recently pleaded guilty for last fall's accidental shooting of a fellow hunter in Melancthon Township. L?aniel Stephens, 54, admitted to r'mproperly dischargr'ng his firearm. An ~lrangeville court heard that on Nov. 8, Stephens was hunting with a friend. When a deer ran between them, the Brampton man aimed at the running animal and shot his hunting partner, who was about 120 metres away. The injured hunter was taken in a private vehicle to Shelburne hospital and then transported by ambulance to Headwaters Health Care Centre, ®ufferin OPP reported at the time, The man's injuries were described as non-life threatening. A Ministry of Natural Resources investigation followed, resulting in a charge against Stephens. .Justice of the Peace John Creelman, who heard the case Feb. 6, ordered Stephens to pay a $'1,Zt70 fine and suspended his hunting licence for a year. He was also ordered to successfully complete the Hunter Education Training course. In other news, in February 2008 a Thunder Bay man was fined $10,600 for having more fish than he was allowed to have. Apparently the man had 30 walleye over the legal limit. As well, a Lappe man was fined $3000 for illegally snaring and killing a deer; and a Richmond Hill man was fined $2500 for hunting a trumpeter swan out of season. (http:l/www.mnr.gov.on,ca/mnrlenforcementlresources canvictions.html) So, if somec ~ catches me ~ fish than '+~ey are "aliawed" to, they get a $10,600 fine. If someone t,af~, a mic~Y pry bird out ~ mor, they get a $2500 fine. However, if someone admits to ciisrgin <~ 1 ~ _ --~ .$" r - t due - s:. w=-~tio~~, injuring another human being, they get a $1200 dollar fine. In light of these developments, along with the hunting-ban petition before the Tiny Township council {http:l/www.simcae.comlarticle166347), I implore you to re-consider your previous decision to do nothing and re-visit my earlier suggestions as reiterated below: "Section 119 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality may, for the purpose of public safety, prohibit or regulate the discharge of guns or other firearms, air- guns, spring-guns, cross-bows, long-bows or any other weapon. The Mayor and council need to utilize this section of the Municipal act to create the following regulations: 1) Na one shall discharge a gun or other firearm, air-gun, spring-gun, cross-bow, long-bow, compound bow ar any other weapon within a minimum distance of 500 meters from any occupied dwelling, street ar path. 2) No one shall discharge a gun ar other firearm, air-gun, spring-gun, crass-bow, long-bow, compound bow ar any other weapon on any parcel of townshipfcounty property less than 25 acres in area. 3) Na one shall discharge a gun or other firearm, air-gun, spring-gun, cross-bow, long-bow, compound bow ar any other weapon within a minimum distance of 500 meters from any municipal road, street ar path." Sincerely, Will Wonta I~~c-~ o~ig€ ~;~ 2oos1~,~ Tow7v of coLLlrrGwoo~ COLLINGWQOD ____. -- - - February 27, 2008 MAR ~ ~ 208 Dear Heads of Council, Members of Council and Staff, pRQ-ME©0h1TE TnWNSHIP Re: 200®OSUM Conference £c Trade Show On behalf of the 2008 OSUM Organizing Committee and the Town of Coltingwood, I am pleased to invite you to attend the 55`h Annual Ontario Small Urban Municipalities Conference and Trade Shaw taking place April 30"' to May 2"d in historic Downtown Coltingwood. This year's theme is "The Changing Ontario Small Urban Municipality - Building a Sustainable Community" and the conference sessions will be related to the four "Pillars of Sustoinabiiity" which are Environmental, Economic, Social, and Cultural. We are also featuring two keynote speakers, Canadian Senator Larry Campbell and Leacock Medal-Winning Playwright Dan Needles. Larry Campbell, one of Canada's most popular political figures, was mayor of Vancouver from 2002- 2005 and is currently a Member of The Canadian Senate. A charismatic personality with a colourful background, Campbell is Vancouver's former chief coroner, whose life inspired the hit shows Da Vinci's Inquest and Da Vinci's City Hal(. Dan Needles is the creator of the popular Wingfield Farm plays, full- length stage comedies that have filled theatres across Canada and the United States for more than 3,000 performances since 1984. In 2003 Dan Needles received the Stephen Leacock Medal for humour for With Axe and Flask, the history of his mythical Persephone Township. Mr. Needles wilt be speaking at the Closing Chairman's Luncheon on Friday. As you wilt see from the enclosed Conference Program outline, OSUM 2008 will be an educational and enjoyable conference. For your convenience, we have also included an updated Delegate Registration Form and Accommodations Listing. Please be sure to note the included Companions' Program information, as we have organized some great activities just for the Companions. If you would like further information about the conference; please call Ted Blowes, OSUM Annual Conference 6t Trade Show Coordinator at (519) 393-5877 or via email at ted.bcGUadro.net. You may also contact Karen Cubitt, 2008 Coltingwood OSUM Conference Coordinator at (705) 445-9463 or via email at kcubittC~collin~wood.ca. OSUM -The conference where the delegates are first and foremost. Sincerely, WN OF CO~LINGWOOD Chris Carrier Mayor ~~~~~ ~a~~ _,w~o~vo~' Delegate Name: Position: Municipality: Mailing Address: City: Telephone: Fax: Email: Companion Name: 55"' Annual OSUM Conference 8~ Trade Show The Changing Ontario Small Urban Municipality - Building a Sustainable Community DELEGATE REGISTRATION FORM Delegate Package Includes 2 breakfasts, 1 lunch, Chairman's Luncheon, and all workshops. Package does not include accommodations. All delegates must book their own accommodations. Before March 31, 2008 ^ $365.00 After March 31, 2008 ^ $390.00 Companion Package Includes 2 breakfasts, Chairman's Luncheon and scheduled companion activities ^ $85,~ Companion Package Activities (Please Indicate choices. No additional cost) ^ Downtown Collingwood Shopping Excursion ^ Collingwood Museum & Historic Walking Tour ^ Pilates Class ^ Collingwood Trails Network Bike Tour (Bring your own bicycle or rentals available) Chatrman's Luncheon Additional Tickets ^ $50.00 Takes place Friday, May 2, 2008 at 12:30pm Early Btrd Activities for Delegates, Companions, and Exhibitors Wednesday, April 30 ^ Blue Mountain Golf Club ^ $67.92 (Tee times available 9:30am - 1 1:30am, limited to the first 60 registrants, 18 holes with cart) ^ Scenic Caves Eco Adventure Tour (Includes Treetop Walk and Zip Line Ride. Tours depart ^ $85.00 every 1.5 hours beginning at 1 pm, limited to 15 people per tour) Payment Method: ^ Visa ^ MasterCard Card No. Signature: _, GST $ Town of Collingwood C~ST~ R 1 081 2 5 766 Total Remitted $ Exp.(mmlyy) ^ Cheque (Payable to the Corporation of the Town of Collingwood) DEADLINE FOR REGISTRATION IS MONDAY, APRIl21, 2008. Registration fees, less a $50 service charge, are refundable only if written notification is received by Friday, April 25, 2008. Please send this registration form and your payment to the Corporation of the Town of Collingwood at 97 Hurontario Street, Box 157, Collingwood, Ontario L9Y 3Z5. Fax: (705) 445-9004 Attn: Karen Cubitt, 2008 Conference Coordinator for Collingwood, phone (705) 445-9463, kcubitt@collingwood.ca. All Trade Show enquiries are to be directed to Ted Blowes, OSUM Annual Conference 8~ Trade Show Coordinator, phone (519) 393-5877, c/o City of Stratford, Box 818, Stratford, Ontario N5A bW 1, ted.b@quadro.net. Postal: Cell: Dear Head of Council and Members of Council, RE: 2008 OSUM Conference & Trade Show Please join us in the Municipality of Collingwood for the OSUM 55`h Annual Conference and Trade Show from Apri130th to May 2"d, 2008. Further Conference and Trade Show information can be found on the Municipality of Collingwood website at www.collingwood.ca. Registration, accommodation and program information has been distributed by the Municipality of Collingwood and general inquiries may be directed to Karen Cubitt at 1-705- 445-9463. Cheques for registration fees should be made payable to the Corporation of the Town of Collingwood. For those interested with the OSUM Executive Committee, a nomination form is enclosed and will be received by the undersigned until April 18, 2008. The Conference Program has a wide variety of topics and allows for opportunity for delegate participation. Please plan on attending the Conference to obtain current information on municipal issues. Yours truly, ^~~ L J. cCabe Secretary- reasure~ LJM/afl Encl. ~; t~ ONTARIO SMALL URBAN MUNICIPALITIES Section of Association of Municipalities of Ontario 2008 NOMINATION FORM Nomination for OSUM Executive Committee Name of Nominee Representing Municipality of Is the municipality a current member of the Association of Municipalities of Ontario? YES u NO a (please check one} Title Address Telephone Fax E-mail Background information (municipal service, areas of municipal interest, etc...} Nominees should be aware that OSUM is not responsible for the cost of expenses associated with OSUM activities. Signature of Nominee Date Signature of Nominator Signature of Seconder Please return to ®SUMAdministrative Officer c% Town of Goderic7~, 57 Vest Street, Godericla ON N7A 2%5 before April 18, 200 r ~~~ March 14, 2(}08 - ~~,_ ~, ~ n a~ . ~~ ~' 1 ~_ Corporation of the Township of Oro Medante ~; ; Mayor Harry Hughes & Councilors 148 Line 7 South, Box 100 ;;- Ora, ON °' _ LOL 2X0 Re: Request for regulation of vehicle parking on driveways in the Horseshoe Valley residential area I have attached a motion passed at the Horseshoe Valley Property Owners Association (HVPOA} Annual General Meeting, October 13, 2007. ~Ve are requesting that you consider this motion and enact a bylaw similar to our proposal with the result that the residential area within the Horseshoe Valley boundaries remains as attractive as it is now. The Horseshoe Valley is an urban development in a rural community that is trying to combine the best of both. ~Ve have small lots in a rural environment. Future developments will be increasing the number of residents substantially and we believe it's best to have guidelines in place now. Past developers have relied on covenants and restrictions to produce a well maintained. and beautiful community. These covenants have not been uniform for the entire area and are confusing to some residents as well as next to impossible to enforce. Many attempts have been made at using "moral suasion", also without success. As indicated by the passing of the motion at the Annual General Meeting, many residents have become very concerned with this particular issue. I have attached a section of a bylaw in the City of Mississauga concerning trailer and recreational vehicle parking in residential zones that seems to cover our situation. We understand that the specifies of our motion could be changed in order to be more enforceable but request that the `spirit' of the motion be respected, Sincerely, ~``,~"Judy Sutherland ~" President, HVPOA :~~Totioi~ # I Ilorseshue "~~~tllev Propert~~ Uwners Association AG~I .Motion Dais: ~ctiiher 13, 2007 M{JTI{~N: It ~~as moved k~~. B~-f~'~t~~itilla And seconded by Mae ~fuells That The HVPC}A board formally requests Oro Medonte Township to enact a bylaw covering vehicle parking and storage Pn areas zoned residential. That is, with the exception of bicycles, pickup trucks and automobiles, no vehicle of any kind shall be parked or stored.. for mare than seven days, on a residential lot except inside an enclosed garage. NIOTI{~N CADIZ! [~:U UCTUBER 13, 2407 AMMENDII~1"~TT TC} MUTIC>N; 1~9<~~~cl bps Ian Stltllcrl~~itd ~econd~d by Mac Sf~.ieUs That The proposed bylaw be limited to Horseshoe Valley, whose boundaries are defined by the Association. MC}TICJ1~ CARRIED OCTOBF: R 13, 2447 ~ f ~ ~ „~ E a .. ., ~ ~ a ~ P.+rt ~t -Residential Zones 4.1.ll Trailer and 12ecreational Vehicle Parking 4,1.11,1 t~trtda{,r ~,arking of a trailer, with ar without a boat, personal watercraft or snowmobile, ar ;~ recrc:+tional vehicle shall only be permitted in a Residential Zone, in compliance with tl+c ~xrovisions contained in Part 3 of this By-law and Sentence 4.1.11,1.1 or 4.1.i1.L2. 4.1.11.1.1 One{1} ' '1 `rh or ~~iihoui one{I} boat, or up to hro {2} personal watercraft or snawn~~~',;1, or ~~~~+e{i} rccrcutional vehicle, i~ h~nniued on a driveway subject to the following: {i} the maximum combined length of a trailer, exclusive of tongue, with ar withaut a b{,,,(. inclusive of attached motor, personal watercraft or snowmobile, or a rctreutiunal vehicle shall be 5.2 m; {2} the maximum combined height of a trailer, with or without a boat, inclusive of at~ched motor, personal watercraft or snowmobile, or a recreational vehicle shall be 2.4 m; {3) the parking space used. for a trailer, with or withaut a boat, personal watercraft or snow°mabile, or a recreational vehicle shall be in addition to the required number of parking spaces for the applicable Residential Zane; {4} the minimum. setback of a trailer, with or without a boat, personal watercraft or snowmobile, or a recreational vehicle to a lof line shall be 4.6 m. 4.1.111.2 One {1} tt i' -~, ith or without one (1} boat, personal watercraft or snowmobile, or one {I} rec ~ .. <i+ <, al vehicle, is permitted subject to the following: {i } the m<,ximum combined length of a trailer, exclusive of tongue, with or without a boat, inclusive of attached motor, personal watercraft or snowmobile, or a recreational vehicle shall be 7.0 m; (2) the maximum combined height of a trailer, with or without a boat, inclusive of attached motor, personal watercraft or snowmobile, or a recreational vehicle shall be 3.0 m; {3} the parking space used for a trailer, with ar without a boat, personal watercraft or snowmobile, or a recreational vehicle shall 6e in addition to the required number of parking spaces far the applicable Residential Zone; {4} the trailer, with ar without a boat, persanai watercraft or snowmobile, ar a recreational vehicle shall be parked only in an interior side yard behind the front wall of the dwelling ar in the rear yard; {5} the minimum setback of a trailer, with or without a boat, personal watercraft or snowmobile, or a recreational vehicle to an interior side lot Tine shall be 1.2 m; {6} the minimum setback of a trailer, with or without a boat, personal watercraft or snowmobile„ or a recreational vehicle to the exterior side lot line and,`or rear lot line shall be 7.S m. 4.1.11,2 A maximum of one (1}trailer exclusive of tongue, with or without one {1} boat inclusive of attached motor, personal watercraft ar snowmobile, or one (l} recreational vehicle, less than or equal to 7.0 rn in length, and less than 3.0 m in a+mbined height, may be parked un .~ drive~ea<< in a Residentiai /_one, on a temporary h+,sis fir a peeiodof nut more than 72 hours in ain~ one 1 I 1 calendar month. 2407 June 20 Page 4.1 w 7 ~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-036 A By-law to Authorize the Execution of a Site Plan Control Agreement betwreen The Corporation of the Township of Ora-Medonte and Bella Yista Landscaping Ltd. described as lands as follows: Part of Lot 21, Cancession 11 ORO Parts 1 & 2, 51 R-5153; T!W 80553818; OR0- MEDONTE Being all of PIN #58549-0078 (LT) {29-31 BOOTH STREET} Roll #4346- 010-010-42800-0000 AND Part of Lot 21, Cancession 11 080 as in 80364064 Except 1 & 2, 51 R-5153; TIW 80553818; 080-MEDONTE Being all of PIN 58549- 0079 {LT) {29-31 BOOTH STREET) Rall #4346-410-010-42900-0000 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2005-124, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2005-124; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described an the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26T" DAY OF MARCH, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin APPENDIX "A" to By-Law No. 2008-U36 SITE PLAN AGREEMENT -between - BEL~A VISTA LANDSCAPING LIMITED -and- THE CC?RPORATION OF THE TOWNSHIP t)F ORfl-MEDt~NTE DESCRIPTION OF LANDS Part of Lot 21, Concession 11 ORO Parts 1 & 2, 51 R-5153; T/W 80553818; ORO-MEDONTE Being all of PIN #58549-0078 (LT} (29-31 BOOTH STREET} Roll #4346-010-010-42800-0000 AND Part of Lot 21, Concession 11 OR0 as in 80364064 Except 1 & 2, 51 R-5153; T1W 80553818; ORO-MEDONTE Being all of PIN 58549-0079 (LT} (29-31 BOOTH STREET} Roll #4346-010-010-42900-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE March 26, 2008 By-Law No. 2008-036 1HE TOWNSHIP ©F ORO-MED4NTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the ©wner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section $ Binding Effect Section 9 Severability of Clauses Section 1 d Save Harmless SCHEDULES Schedule "A" i_egal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cast of Construction 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of 2008, in accordance with Section 41 of the PlanningAct. BETWEEN : BELLA VISTA LANDSCAPING LIMITED Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 926.71 square metre Commercial building on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: -~ 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against-the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands far the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cast of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the TransferlDeeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 926.71 sq.m. commercial building described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVEt_OPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a} Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b} Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c} Parkina Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code f~egulation #A 19/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d} Outside Storage /Display Any outside storage and/ar display shall be contained wholly on the subject lands, and be in compliance with Section 5.2 and Section 5.3 of Zoning By-law 97-95, and as identified on Schedule "B" of this Agreement. e} Garbaae Storaae The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f} ~andscapina The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g} Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation contra) devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Tawnship, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Wark"}, the fallowing securities: a} Cash in the amount of one hundred percent {100°I°} of the estimated cost of the said Wark, as approved by the Tawnship Engineer and Township Council, ar. b} An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent {100°I°} of the estimated casts of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one {1 }year, or such time as the Tawnship decides, and shall be renewed automatically, as necessary, thirty {30) days prior to expiration. c} The Township reserves the right to acceptor reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cast of the works to the Township Engineer for approval. When the cast estimate has been approved, it will be set out in Schedule "D" of this Agreement and will became the basis for the limits of the securities. d} Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21 }day's notice, its intent to draw down on the security ar deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Munrcipat Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, far the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whale or any part thereof, other than the provision so declared to be invalid. 1t). SAVE HARMLESS The droner, an behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence an the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED } BEt_~A VISTA LANDSCAPING LTD. } peC ~. ,_ ~ ~ c~~_ ~ ~.. } Has the Authority to Bind the Corporation....,:, } Name: Bruno Tombari ~f~ ~ ~m }Title: Co-owner } per r ; -c~----_: -~_~ --. } Has the Authority to Bind the Corporation } Name: Nadia Tombari } Title: Go-owner } } The Corporation of the Township of Oro-Medonte per: } } H.S. Hughes, Mayor 1 J. Douglas Irwin, Clerk SCNEDUL.E "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Qro-Medonte and Bella Vista Landscaping Limited. LEGAL DESCRIPTION OF LANDS Part of Lot 21, Concession 11 ORO Parts 1 & 2, 51 R-5153; T!W 80553818; ORO-MEDONTE Being all of PIN #58549-0078 (LT) {29-31 BOOTH STREET) Roll #4346-010-010-42800-0000 AND Part of Lot 21, Concession 11 ORO as in 80364064 Except 1 & 2, 51 R-5153; T/W 80553818; ORO-MEDONTE Being all of PIN 58549-0079 (LT) (29-31 BOOTH STREET) Roll #4346-010-010-42900-0000 SCHEDULE "B" NOTE. It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Bella Vista t_andscaping limited. SITE PLAN Site Plan is not in a registerable form and is available from the Township of ©ro-Medonte. • Drawing No. 2180 - t_P "Landscape Plan", Skelton Brumwell & Associates, November 2007 (Rev. February 2008} • Drawing No. 2180 - SP "Site Plan", Skelton Brumwell & Associates, August 2007 {Rev. March 2008) • Drawing No. 2180 - 1 "Existing Stormwater Catchment Area Plan", Skelton Brumwell & Associates, November 2007 (Rev. February 2008} • Drawing No. 2180 - 2 "Proposed Stormwater Catchment Area Plan", Skelton Brumwell & Associates, November 2007 (Rev. February 2008) • Drawing No. 2180 - 3 "Site Servicing and Grading Plan", Skelton Brumwell & Associates, November 2007 {Rev. March 2008} • Drawing No. 2180 - 4 "Details and Notes", Skelton Brumwell & Associates, November 2007 (Rev. March 2008} • Drawing No. A100 "Site Plan, QBC Data Matrix", Gerrits Engineering, November 21, 2007 (Rev. January 24, 2008) • Drawing No. A300 "Elevations", Gerrits Engineering, November 21, 2007 (Rev. January 24, 2008} r~ SCNEDU~E "C°' NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of ©ra-Medonte and Bella Vista Landscaping Limited. DEEDS AND EASEMENTS 70 BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Black Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration far all conveyances shall be the sum of Two Do//ars f$2.00) and the cost of preparation, execution and registration thereof, shall be barns by the C3wner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N!A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A io SCHEDULE ``D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Bella Vista Landscaping Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE GONSTRUCTION ESTIMATE AMOUNT NiA LETTERS OF CREDIT AMOUNT Letter of Gredit to be provided by the Owner to ensure completion of all works required $1,OQ0.00 under the terms of this Agreement, as noted (refundable in Sections 1(f) and 5 herein. deposit) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-039 A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Orillia Public Library Board For a Term of One Year And to Repeal By-law Na. 2007-046 WHEREAS the Public Libraries Act, R.S.O. 1930, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Gauncii deems it desirable to enter into a Gontract with the Oriliia Public Library Board; NOW THEREFORE the Gouncil of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro-Medonte and The Orillia Public Library Board, said agreement attached hereto as Schedule "R" and forming part of this by-law. 2. That By-law No. 2007-046 is hereby repealed. 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26T" DAY OF MARCH, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule rrArr to By-Law No. 2008-039 CONTRACT FOR LIBRARY SERVICE AGREEMENT between The Orillia Public Library Board 36 Mississaga Street West Orillia, Ontario L3V 3R6 ("the Public Library Board") and The Township of Oro-Medonte P.O. Box 100 Oro, Ontario COL 2X0 ("the Municipality} The Municipality and the Public Library Board agree as follows: 1.0 Description of Services: 1.1 The Public Library Board shall endeavour to provide, in cooperation with other public library boards, a comprehensive and efficient library service to the residents of the Municipality. 1.2 The Public Library Board shall not make a charge for admission to the library or for use in the library of the library's materials by the residents of the Municipality. 1.3 The Public Library Board shall allow the residents of the Municipality to: {a) Barrow circulating books; and (b) Use reference and information services as the Public Library Board considers practicable, without making any charge. 1.4 The Public Library Board may impose such fees as it considers proper for services not referred to in section 1.2 and 1.3. 1 2.0 Public Library Board's Warranties: 2.1 The Public Library Board is a corporation duly established under the Public Libraries Act (RSO 1990, Chapter P44, as amended}. 2.2 To ensure quality library service under this Agreement, the Public Library Board shall endeavour to: (a} Ensure that all materials are available for use outside the library except those used frequently for reference service, and rare and fragile items; b} Ensure circulation policies of greatest convenience to the user and maximum use of materials; {c} Ensure that the selection of materials reflects the needs of the community as defined in regular community analyses and needs studies; (d) Ensure that the information provided to public library users is accurate, up- to-date and is coordinated with other appropriate organizations; (e} Ensure that all library facilities are accessible as defined by the standards of accessibility of the Ontario Building Code; (f) Provide resources, programs and services to meet defined community needs; (g} Provide a telephone in each of their facilities in order to ensure user access and maintain communication with other library systems. 3. 0 Cost: 3.1 The Municipality shall pay the Orillia Public Library Board the sum of: Ninety Thousand Dollars ($90,OOD) for the year 2008, 3.2 Payments shall be quarterly on March 31, June 30, September 30, and December 31. 2 ~` 4.0 Municipal Representation an the Orillia Public Library Board: 4.1 The Public library Board shall request its appointing council to appoint a member of the Township of Oro-Medonte Council (or a resident of the Township of Oro- Medonte designated by the Township of Oro-Medonte Council), recommended by the Township of Oro-Medonte Council, to the Public library Board. 5.0 Reports: 5.1 The Public Library Board shall submit an annual report to the Municipality. 5.2 The Municipality shall make an annual financial report to the Minister and make any other reports required by the Public libraries Act, and its regulations or requested by the Minster. 6.0 Limitation of Liability: 6.1 The Municipality shall not be liable for any injury, death or property damage to the Public Library Board, its employees or agents or for any claim by any third party against the Public Library Board, its employees or agents. 6.2 The Municipality shall not be liable for any incidental, indirect, special or consequential damages or loss of use, revenue or profit of the Public library Board arising out of or in any way related to this Agreement or the services. 7.0 Cancellation: 7.1 Either the Municipality or the Public library Board may terminate this Agreement at any time upon six months of notice in writing. 8.0 Notices: $.1 Notices under this Agreement shall be given in writing by personal delivery or by mail. 8.2 Notice by mail shall be deemed to have been given on the fourth business day after the date of mailing. 9.4 Signing Authority: 9.1 Contracts are to be signed on behalf of the Public Library Board, by the Chair and Secretary of the Board and, on behalf of the contracting municipality by two (2) authorized Signing Officers. 3 .`! 10.0 Inspection: 10.1 The Municipality shall be entitled at all reasonable times, to review any records, books, accounts and documents in the possession or under the control of the Public Library Board. 11.0 Duration: 11.1 This Agreement shall, subject to Section 7 hereof, be in force and effect for#~- one yeare~from the 1st day of January 2008 to the 31St day of December~8~8- 2008 12.0 Entire Contract: 12.1 This Agreement constitutes the entire Agreement between the parties. There are no other agreements or understanding. DATE THE MUNICIPALITY {Seal) Signing Officer H. S. Hughes Mayor THE MUNICIPALITY (Seal) Signing Officer J. Douglas Irwin Clerk /~ DATE oUlQ ~ l ~ a2. ! oZ.~ THE PUBLIC LIBRARY BOARD Chair THE PU.t~LIC LIBRARY BOARD Secreta"rv 4 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. zaa$-a4a A By-law to Amend By-law No. 2aa7-a21, being A By-taw to Appoint Representatives to Various CommitteeslOrganizations and Technical Support Groups WHEREAS Section 224 of the Municipal Act, 2001, S.t?. X001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte appoints representatives to various committees/organizations and technical support groups; AND WHEREAS Council of the Township of Ora-Medonte did, on the 14"' day of February 2007, enact By-law Na. 2007-021, A By-law to Appoint Representatives to Various Committees/Organizations and Technical Support Groups; NOW THEREFORE the Council of the Township of ©ra-Medonte hereby enacts as follows: 1. That Schedule "B" of By-law No. 2007-021 be amended to remove `Bob Gregory" and add °Kelly Skinner-Meyer". 2. That Schedule "B" of By-law No. 2007-021 be amended to add "Phillip Patchell be appointed as an alternate Recreation Technical Support Group member to sit when there are less than 5 voting members present at any meeting". 3. This by-law shall be deemed to have come into force and taken effect an the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26T" DAY OF MARGH, 2x08. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2aa8. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Glerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO•MEDONTE Bylaw No. 200$-041 Being a By-Law to Authorize the Execution of a Funding Agreement Between the Township of Oro-Medonte and Her Majesty The 4ueen in Right of Canada as Represented by The Minister of Industry WHEREAS the Municipal Acr, 2i7Q1, S.Q. 2001, c.25, Section 224, as amended, states that it is the role of Gouncil to ensure that administrative practices and procedures are in place to implement the decisions of Gouncil; AND WHEREAS the Gouncil of the Gorporation of the Township of Qro-Medonte deems it expedient to enter into a Funding Agreement with Her Majesty The Queen in Right of Ganada as Represented by The Minister of Industry; NOW THEREFORE the Gouncil of the Township of C?ro-Medonte hereby enacts as follows: THAT the Mayor and Glerk be authorized to execute the Funding Agreement attached hereto as Schedule "A" and farming part of this By-Law. THAT this by-law shall take effect an the final passing thereof. BY•~AW READ A FIRST AND SECOND TIME TMS 28T" DAY OF MARCH, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF zoos. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin n Schedule '"A" to By-Law LVo. 2008-041 ONTARIO POTABLE WATER PROGRAM (OPWP} THIS FUNDING AGREEMENT made as of the day of , 2008. BETWEEN: HER MAJESTY IN RIGHT OF CANADA ("Canada"} represented by the Minister of Industry (the "Minister"} - and - The Corporation of the Township of Oro-Medante (the "Municipality"} WHEREAS: 1. The Municipality applied for and received a contribution from Canada through the Canada-Ontario Infrastructure Program (COIP}, to assist in funding the installation of an option 1 potable water system (the "System"}; and 2. As a result of the Walkerton, Ontario water contamination situation of 2000, the Ontario government brought into effect more stringent regulations to ensure drinking water safety which significantly increased the cost of the System; and 3. The increased cost of the System has resulted in unforeseen expenditures directly related to compliance with drinking water regulations that has and will continue to have an adverse impact on the economic development of the Municipality; and 4. Canada wishes to promote regional economic development in specific small and rural Ontario municipalities by addressing funding pressures incurred in the development of their COIP Systems to meet stringent Ontario drinking water regulations and for this reason has agreed to provide financial assistance by way of a grant through the Ontario Potable Water Program (the "Project"}; and 5. The Municipality has applied for and been approved to receive a grant through the Project and the parties have entered into this Funding Agreement for the purpose of setting out the eligibility criteria for the payment of the Grant to the Municipality and the procedure by which the Grant is to be administered. . NOW THEREFORE in consideration of their respective obligations contained herein, the Parties covenant and agree as follows: 1. Recitals The above recitals constitute part of this document and are true and correct. 2 2. Interpretation Definitions In addition to the terms defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section unless the context indicates otherwise. "Contract" means an agreement with a Third Party whereby the (after agrees to supply a product or service to the System in return far financial consideration. "Agreement" means this funding agreement and includes all schedules and any amendments hereto. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "OMAFRA" means the Ontario Ministry of Agriculture, Food and Rural Affairs. "Parties" means Canada or the Minister and the Municipality. "Party" means Canada, the Minister or the Municipality. Entire Agreement This Agreement constitutes the entire agreement between the Parties pertaining to the matters contemplated hereby and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties Governing Law This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Term 2.4.1 This Agreement becomes effective as of the date of execution by both Parties and shall continue in force until the earlier of: (a} March 31, 2011; and {b} 30 days after the Municipality receives payment in full of the Grant, unless extended or terminated by mutual consent of the Parties. All payments subsequent to March 31, 2011 must be made within the terms of the Treasury Board Policy on Payabies at Year End. 3 2.4.2 Notwithstanding Section 2.4.1, the Parties' rights and obligations under Sections 4.3 (Eligibility Requirements}, 4.5 {Other Government Assistance}, 6.1 (Evaluation}, ~ (Monitoring} 9 {Recovery} 10 (Remedies) and 11.13 {Indemnification} and any other Section which is required to give effect to the termination or to its consequences will survive the expiry ar early termination of this Agreement. 2. Results. 3.1 Expected Results of the Project The expected outcome of the Project is to support the capacity of the Municipality to respond to economic development opportunities and challenges which contributes to the strategic outcome of Industry Canada of competitive industry and sustainable communities. 3. The Grant 4.1 The Minister acknowledges that the Municipality is eligible for a grant in the amount of $ 216,073 (herein called the "Grant"). 4.2 In no event shall the amount of the Grant exceed the actual total increased cost of the System as a result of the stringent regulations. 4.3 Eligibility Requirements To maintain its eligibility to receive payment of any part of the Grant, the Municipality will be an Ontario municipality that has entered into aCanada- Ontario Infrastructure Program (COIF} contribution agreement for an option 1 potable water project, and will: 4.3.1 Have incurred increased casts far the System as a result of having to comply with Ontario drinking water regulations; 4.3.2 Have submitted the COIF project final claim and final report and all required documents related to the System confirming completion of the System and identifying the additional costs incurred by the Municipality to OMAFRA; 4.3.3 Have had these additional costs renominated by OMAFRA to the Minister for consideration of increased funding for the System; 4.3.4 Comply with all provisions of this Agreement; and 4.3.5 disburse the Grant in a manner that will further the economic development of the Municipality; 4.4 Appropriation and Fundin Levels 4.4.1 A payment due by the Minister hereunder is conditional on a legislated appropriation for the Fiscal Year in which the payment is due. 4.4.2 The amount of a payment due by the Minister hereunder may be reduced in the event that the amount of the appropriation is reduced by Parliament. 4.5 Other Government Assistance The determination of the amount of the Grant will take into consideration the total government assistance (federal, provincial and municipal} towards the total cost of the System. In no event will the total government assistance exceed 1{70°l0 of the actual System costs. The Municipality shall advise the Minister of any other government assistance that it has received or requested for the System costs and it shall notify the Minister immediately should the total assistance it receives from government {federal, provincial or municipal} organizations for the purposes of the System exceed the total cost of the System. The Minister may recover from the Municipality its proportionate share of such excess or reduce subsequent payments, if applicable. The Municipality acknowledges that failure to disclose this information to the Minister shall constitute an event of default under this Agreement pursuant to which the Minister may exercise its remedies contained in Section 10. 4. Payment of the Grant The amount of the Grant has been determined after a review by the Minister of the COIP project final claim, the COIP project final report, the cash flow requirements of the Municipality and any other report or information required by the Minister. Payment of the Grant will be made within ninety (90} days of receipt from the Municipality of the executed Funding Agreement in accordance with Appendix B /nsfatlment Payments of Grants and Advance Payments of Contribufians of the Treasury Board Policy on Transfer Payments. 5. Evaluation 6.1 The Minister may, after consultation with the Municipality, choose to conduct an evaluation, by an evaluator{s} of his choosing, of the Agreement as an instrument of policy of the Government of Canada, at his own cost. The Municipality is encouraged to cooperate and provide access to the appropriate records to conduct such an evaluation. The Minister will share a copy of the resulting report with the Municipality and agrees to discuss any concerns raised in the evaluation with the Municipality. 7. Monitoring The Municipality, when so requested by the Minister, is encouraged to provide such data, schedules, plans and reports in sufficient detail which shall enable the Minister to: (a} assess the use of the Grant towards furthering the economic development of the Municipality; ; {b} assess the compliance of documentation required under this Agreement; and {c} report on the results of the grants provided by the Project. 8. Environment The Parties acknowledge that the COIP project was subjected to environmental screening in accordance with Section 18{1} of the Canadian Envr'ronmentat Assessment Act (CEAA). The Municipality covenants that all necessary environmental authorizations andlor letters of advice are in place and that any environmental mitigation measures specified through such authorizations or letters of advice have been adhered to. 9. Recovery 9.1 The Minister may recover payment of all or part of the Grant made where: (a} The Municipality is not entitled to the Grant; or (b} The Municipality fails to maintain its eligibility; or (c} The amount of the Grant exceeds the amount to which the Municipality is entitled. 10. Remedies In the event that the Municipality fails to comply with a material term or condition of this Agreement or fails to rectify or commence to rectify {to the satisfaction of the Minister} such non-compliance within the period of time specified by the Minister then, in addition to any other remedies available at law, the Minister may exercise the following remedies: 10.1 Suspend any obligation of the Minister to make payment of all or part of the Grant to the Municipality, including any obligation to pay any amount owing prior to the date of such suspension; 10.2 Terminate any obligation of the Minister to make payment of all or part of the Grant, including any obligation to pay any amount awing prior to the date of such termination; 10.3 Require the Municipality to repay all or part of the Grant previously paid to it; 10.4 Require the Municipality to pay any amounts due under this Agreement together with interest from the date of demand in accordance with the Interest and Administrative Charges Regulations; 10.5 Require that the Municipality rectify such default within a specified period of time and inform the Minister that it has done so; and 10.6 Terminate this Agreement. 11. Miscellaneous 11.1 Binding Obli atq ions Each Party declares to the other that the signing and execution of this Agreement was duly and validly authorized, and that each has incurred a 6 legal and valid obligation in accordance with the terms and conditions of the Agreement. 11.2 Debts Due to The Minister Any amount owed to the Minister under this Agreement will constitute a debt due to Canada, which the Municipality will reimburse forthwith, on demand, to Canada. 11.3 No Benefit No member of the House of Commons or of the Senate of Canada will be admitted to any share or part of any Contract made pursuant to this Agreement or to any benefit arising therefrom. 11.4 No Agency It is understood, recognized and agreed that no provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal-agent relationship, oremployer-employee relationship in any way or for any purpose whatsoever between Canada and the Municipality or between Canada, the Municipality and a third party. 11.5 No Authority to Represent Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as agent for the other. 11.6 Counterpart Si nc~ ature This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 11.7 Values and Ethics Code No person governed by the past-employment, ethics and conflict of interest guidelines of Canada will derive a direct benefit from this Agreement unless that person complies with the applicable provisions. 11.8 Severability If far any reason a provision of this Agreement tha# is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 11.9 Waiver A Party may waive any right under this Agreement only in writing; and any tolerance or indulgence demonstrated by that Party will not constitute waiver 7 of such right. Unless a waiver is executed in writing, that Party will be entitled to seek any remedy that it may have under this Agreement or under the law. 11.10 Lobbyists and Agent Fees The Municipality warrants that: (a} it has not, nor has any person on its behalf, paid or provided ar agreed to pay or provide, to any person, directly or indirectly, a commission, contingency fee or any other consideration {whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with any Public Office Holder as defined in the Lobbyists Registration Act (the "Act'); (b} it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise} that is dependant upon the person arranging a meeting with any Public Office Holder; (c} any person who, for consideration, directly ar indirectly, communicated with or arranged a meeting with any Public Office Holder, in respect of any aspect of this Agreement, prior to the execution of the Agreement, was in compliance with all requirements of the Act; (d} any person who, for consideration, directly ar indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with any Public Office Holder will be in compliance with all requirements of the Act; and (e} at all relevant time the Municipality has been, is and will remain in compliance with the Act. 11.11 Notice Any notice, information or document provided for under this Agreement will be effectively given if it is in writing and delivered or sent by letter, postage or other charges prepaid, or by facsimile or email. Any notice that is delivered will have been received on delivery; and any notice mailed will be deemed to have been received eight (8} calendar days after being mailed. For the Municipality: Paul Gravelle 148 line 7 South P.O. Box 100 Oro, ON. LOL 2X0 Title: Director of Finance/Treasurer Deputy CAO Far the Minister: Director General c/o Industry Canada Infrastructure pperatians 151 Yonge Street 3`d Floor Toronto, Qntario M5C 2WT Each Party may change the address that it has stipulated by notifying in writing the other party of the new address. 11.12 Amendments Any amendments to this Agreement shall be by the written mutual consent of the Parties. 11.13 Indemnification The Municipality shall indemnify and hold harmless Canada, its officers, servants, employees or agents, from and against all claims and demands, loss, damages, casts, expenses, actions, suits or other proceedings by whomsoever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by any injury to persons, damage to or lass or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: {a} the Project or the System; {b} the performance of this Agreement or the breach of any term ar condition of this Agreement by the Municipality, its officers, employees and agents, ar by a third party, its officers, employees or agents; (c) any omission ar other wilful or negligent act of the Municipality, its employees, officers or agents; except to the extent to which such claims and demands, losses, costs, damages, actions, suits or other proceedings relate to the act or negligence of an officer, employee or agent of Canada in the performance of his or her duties. 11.14 Cornmunicatians 11.14.1 The Minister and the Municipality agree to undertake joint communications activities and collaborate on products to ensure open, transparent, proactive and effective communications with Canadians. This transparency and accountability will be achieved through appropriate and consistent public communications activities that recognize the contributions of all participating parties under this Agreement. 11.14.2 The Parties can carry out their awn communications activities relating to the Project. However, such communications will nonetheless recognize and emphasize the source of the funds and the contributions of all parties. 9 11.14.3 The Parties agree that ail communications products produced pursuant to this Agreement shall comply with the Federal Identity Program (FIP} and relevant provincial requirements. Branding standards and graphic guidelines will be developed by the Minister to guide development of communications products and activities for the Project. 11.15 Headings The headings used in this Agreement are inserted for convenience of reference only and shall not affect its interpretation. 11.16 Assignment The Municipality will not transfer or assign its rights or obligations under this Agreement without the prior written consent of the Minister. Any attempt by the Municipality to assign any of the rights, duties or obligations of this Agreement without the Minister's express written consent is void. IN WITNESS WHEREOF the parties hereto have executed this Funding Agreement through their duly authorized representatives. HER MAJESTY IN RIGHT QF CANADA As represented by the Minister of Industry Canada Per: Date: Name: Jeff Moore Title: Director General, Industry Canada Sector Strategies and Infrastructure Programs The Corporation of the Township of (fro-Medonte Per: Date: Name: H. S. Hughes Title: Mayor Per: Name: ,T. Douglas Irwin Title: Clerk c/s 1 ~ ~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-037 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 26, 2008 THE COUNCIL OF THE GORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held an Wednesday, March 26, 2048, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary an behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 26th DAY OF MARCH, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF MARCH, 2008. THE GORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin