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2003-010 he execution of a memorandum of understanding between the Township of Oro-Medonte and the Lake Simcoe Region Conservation AuthorityR ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-010 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE LAKE SIMCOE REGION CONSERVATION AUTHORITY WHEREAS The Municipal Act, S.O. 2001, c.25, Section 130, authorizes the Council of a Municipality to enact a by-law for entering into an agreement with respect to the health, safety and well-being of the inhabitants of the municipality; AND WHEREAS the Lake Simcoe Region Conservation Authority is to undertake groundwater monitoring activities through the Provincial Groundwater Monitoring Network; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it necessary to enter into a Memorandum of Understanding with the Lake Simcoe Region Conservation Authority to construct a monitoring well at the Township of Oro-Medonte Gravel Pit at Concession 8, Part Lot it (Line 7 North and Old Barrie Road); NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to sign a memorandum of understanding between the Corporation of the Township of Oro-Medonte and Lake Simcoe Region Conservation Authority, said agreement attached hereto as Schedule `A' and forming part of this by-law. 2. THAT this by-law comes into full force and effect upon final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 5T" DAY OF FEBRUARY, 2003. BY-LAW READ A THIRD AND FINAL TIME THIS 5 thDAY OF Feb . 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYO,Ff, 5. NEIL CRAIG 1 f CLERK, MARIL PENNYCOOK 'r Schedule "A" to By-Law 2003-010 MEMORANDUM OF UNDERSTANDING Agreement made in duplicate this 3`d day of January, 2003. BETWEEN: The Township of Oro-Medonte (Hereinafter referred to as the "Owner") OF THE FIRST PART -And- Lake Simcoe Region Conservation Authority {Hereinafter referred to as "LSRCA") OF THE SECOND PART Throughout this Agreement, the term "Parties" mean the Owner, and LSRCA. WHEREAS the LSRCA is to undertake groundwater monitoring activities (hereinafter called the "Works" described in Schedule A attached) through the Provincial • Groundwater Monitoring Network on lands owned by the Owner, being the Township of Oro-Medonte, municipal works yard, Con. 8 Pt Lot 11, Township of Oro-Medonte, in the Province of Ontario (hereinafter called the "Lands"). AND WHEREAS the Owner and the LSRCA agree to the activities as outlined in Schedule "A". THEREFORE the Owner and the LSRCA further agree as follows: TERM OF AGREEMENT The Parties agree: That this Agreement shall remain in force from the date of signing and may be discontinued by a Party or the Parties acting under the PROVISIONS FOR CANCELLATION section. of this agreement. That this Agreement may be amended from time to time by mutual written agreement of the Parties. • That the equipment purchased and installed on the Lands shall remain in the ownership of the LSRCA under terms agreed upon by the LSRCA, for the life of, and after termination of this agreement. PROVISIONS FOR CANCELLATION The Parties agree: _ That this Agreement may be cancelled unilaterally by either Party by providing three (3) months notice in writing of the intention to cancel to the other Party or by mutual agreement with any agreed period of notice. OWNER OBLIGATIONS 1. The Owner grants to the LSRCA, permission to enter upon the Lands for Works as outlined in Schedule `A' attached to this agreement. 2. The Owner agrees not to remove or alter, in any way, the Works equipment without prior consultation and approval of the LSRCA. 3. If there is any noticeable visible damage, accidental or otherwise, to the Works, the Owner will make reasonable efforts to notify the LSRCA provided the damage comes to the actual attention of the Owner, but the Owner should not be obligated to do so and shall not be fable for failure to notify the LSRCA of such damage. . 4. Upon termination by the LSRCA or Owner and without extension of this agreement, and upon removal of the monitoring equipment by the LSRCA, the LSRCA will be responsible for the removal and abandonment of the well in accordance with the Ontario Water Resources Act and Regulation 903. LSRCA OBLIGATIONS 1. The LSRCA shall perform the work as outlined in Schedule A with due diligence and care. 2. The LSRCA will make a reasonable attempt to notify landowners before entering the Lands for Works. 3. During the life of the program, the LSRCA shall maintain the installed equipment in accordance with the Ontario Water;Resources Act and Regulation 903. 4. Upon termination and without extension of this agreement, the LSRCA agrees to remove and retain possession of the existing equipment installed through the Works. • 5. Upon request by the Owner, the LSRCA shall deliver to the Owner the water quantity and/or water quality data collected from the Owner's well by the LSRCA for the life of this agreement. 6. Should the LSRCA become aware of water quality concerns, such as water sample analytical results from the program that are above the Ontario Drinking Water Objectives (ODWO), during the term of the program, the LSRCA agrees to provide the owner with written notification of the results. 7. The LSRCA reserves the right to use the information generated by this program for the management and protection of the province's water resources and human health. All data shall be subject to disclosure as required under provincial legislation. INSURANCE AND INDEMNITY i) During the entire term of this Agreement, the LSRCA agrees to obtain and keep in force a general public liability insurance policy in at least the amount of two million dollars ($2,000,000.00) of lawful money of Canada, that protects the LSRCA and the employees of the LSRCA from all claims, demands, actions, causes of action that may be taken or made against them or any of them for any loss, damage or injury, including death, of any nature or kind whatsoever that may arise through any act or omission or both including negligent acts or omissions of the LSRCA or any employee or employees of the LSRCA. ii) The LSRCA agrees to protect, indemnify, keep indemnified and save harmless the Owner from and against all claims, demands, costs, actions, causes of action, expenses, legal fees whatsoever which may be taken or made against them or any of them incurred or become payable by them or any of them for any loss, damage or injury, including death, of any nature or . kind whatsoever arising out of or in consequence of any act, neglect or omission of the LSRCA or any employee(s) or subcontractors of the LSRCA in connection with the performance of this Agreement. iii) The LSRCA agrees to protect, indemnify, keep indemnified and save harmless its officers, servants and agents from and against all claims, demands, costs, actions, causes of action, expenses, legal fees whatsoever which may be taken or made against them or any of them incurred or become payable by them or any of them for ary loss, damage or injury, including death, of any nature or kind whatsoever arising out of or in consequence of any act, neglect or omission of the LSRCA or any employee(s) or subcontractors of the LSRCA in connection with the performance of this Agreement. OCCUPATIONAL HAZARDS i) The LSRCA shall take special note on site of inherent occupational hazards, if any. The LSRCA shall be knowledgeable of, and abide by, the provisions of all legislative enactment, by-laws and regulations in regard to health and safety in the Province of Ontario including, without limitation, the Health and Safety Act of Ontario. ii) The LSRCA shall at all times have available a competent supervisor who is authorized to act on the LSRCA's behalf, and who is to ensure that the work and services are properly and safely carried out. COMPLY WITH THE LAWS The LSRCA employees and representatives, if any, shall at all times comply with any and all applicable federal, provincial and municipal laws, ordinances, statutes, rules, regulations and orders, and all by-laws of all relevant local authorities. SCHEDULES The Owner and the LSRCA agree that the provisions of Schedule A to this Agreement form a part of this Agreement as if fully incorporated herein. IN WITNESS WNEROF the parties hereto have executed this Agreement SIGNED, SEALED AND DELIVERED OWNER Per: Township of Oro-Medonte t .'1 ~„ ~` ~~- °~~ Marilyn Penny ok, Clerk ~~ J. it Craig, Mayor LSRCA r`~___ !° d ''~ ,,.~ ~~ ess as to execution Per: Lake Simc~oe Region Conservation Authority Gayle Wood, C.A.O./Secretary-Treasurer SCHEDULE "A" To the Agreement between the Owner and the LSRCA, all or some of the following activities will be conducted as part of the Works by the LSRCA, their employees and agents through the Provincial Groundwater Monitoring Network project: 1. Construct and finish a monitoring well(s) in accordance with the Ontario Water Resources Act and Regulation 903 and the Provincial Groundwater Monitoring Network Construction Guidelines. 2. Perform any clean-up works necessary to ensure reasonable access to the monitoring well and equipment including general well site clean up and removal of obstructions to well access and to the well site access road. 3. Monitoring wells to be instrumented within the network require preparation prior to instrumentation. General requirements for monitoring well refurbishment may include a clean out, backwash, well head casing preparation and adjustment, and that a pump test be carried out to determine hydraulic conditions according to specifications outlined in Regulation 903 of the OWRA. 4. Installation of monitoring equipment including well caps, down well dataloggers and associated cables, and telemetry equipment and enclosure box mounted on a pole adjacent to, or mounted directly on the well casing, and connected to the . well casing by direct read cables.. 5. Regular visits (4-12 timed annum) to the well site to collect water level monitoring data and water quality samples. Site inspections and maintenance of the installed monitoring equipment, and to perform any minor clean-up work necessary to ensure on-going reasonable access to the well site will be also done at this time. 6. Regular visits (4-6/annum) to the well site to operate water well purge equipment (pumps) prior to the collection of water quality samples from the well. These visits will coincide with regular site visits. 7. Training of new LSRCA personnel to ensure that assigned staff is properly trained in the operation and maintenance of the installed monitoring equipment. 8. An initial site visit to ensure that the Owner is given a briefing and documentation of the equipment housed at the well site. Additional periodic visits can be provided to the owner as required.