2012-134 Authorize the Execution of an Agreement with Severn for CBO ServicesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -134
A B e y - law to Authorize the Execution of an Agreement between
the Township of Oro - Medonte and the Township of Severn
for the provision of Building Inspection, Plans Review, and Technical Services
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are in
place to implement the decisions of Council;
AND WHEREAS Council deems it expedient to enter into an agreement for the
provision of Building Inspection, Plans Review, and Technical Services with the
Township of Severn;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the Mayor and Clerk be authorized to execute the Agreement, substantially
in the form attached hereto as Schedule "A" and forming part of this By -law.
2. This by!'law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5 T " DAY
OF JULY, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
ayor, H.S. Hu es
%\., &
Dep y Clerk,')anette Teeter
Schedule "A"
Township of Oro-Medonte By-law No. 2012-134
AGREEMENT
This Agreement made in duplicate this 5 day of , 2012.
BETWEEN
TOWNSHIP OF ORO-MEDONTE
Herein called "Oro-Medonte"
-AND-
TOWNSHIP OF SEVERN
Herein called "Severn"
THE PARTIES HERETO AGREE AS FOLLOWS:
WHEREAS the Township of Oro-Medonte intends to retain the Township of
Severn to provide Building Inspection, Plans Review, and Technical Services on an
occasional basis (hereinafter called the "Services') and has requested Severn to furnish
professional services in connection therewith;
AND WHEREAS Severn agrees to provide such services to Oro-Medonte;
WHEREAS the Municipal Act, S.O. 2001, Section 8.(1), provides that Section 8.
of the Act shall be interpreted broadly so as to confer broad authority on Municipalities
to enable them to govern their affairs as they consider appropriate and to enhance their
ability to respond to municipal issues;
AND WHEREAS the Municipal Act, S.O. 2001 (the "Act"), Section 9., provides a
Municipality with the capacity, rights, powers and privileges of a natural person for the
purposes of exercising its authority under this or any other Act;
NOW THEREFORE BE IT RESOLVED that in consideration of the mutual covenants
contained herein, the Township of Severn agrees to provide Building Services to the
Township of Oro-Medonte as follows:
Services
That Severn agrees to provide Building Services to assist Oro-Medonte in the
provision of Building Services during those times when such Services are
required by Oro-Medonte and when available from Severn.
2. Staff and Methods
That Severn shall administer the Ontario Building Code as set out by the
Province of Ontario and shall skillfully and competently perform the Services for
Oro-Medonte and shall employ only skilled and competent staff with Building
Code Identification Nos. qualified to complete inspections under Section 2.16 of
the Building Code who will be under the supervision of a senior member of the
Oro-Medonte Staff.
3. Compensation
That Oro-Medonte shall pay Severn in accordance with the following:
(a) Fees shall be assessed on a per hour basis irrespective of staff resources
utilized, at the rate of $ 75.00 per hour.
(b) Disbursements as required will be billed at the actual cost and mileage will
be billed at 51.5 cents per kilometer.
(c) Severn agrees to invoice Oro-Medonte on a monthly basis unless a longer
period is warranted based on frequency of Services provided as agreed to
by both parties.
(d) Oro-Medonte agrees to pay to Severn all invoices provided within thirty
(30) days.
4. Records and Audit
(a) In order to provide data for the calculation of fees on an hourly basis,
Severn shall keep a detailed record of the hours worked by staff employed
for the Services provided.
(b) Oro-Medonte may inspect the records of Severn with respect to any time
which Oro-Medonte is required to pay on a time scale or disbursement
basis as a result of this Agreement.
(c) Severn, when requested by Oro-Medonte, shall provide copies of receipts
with respect to any disbursements for which Severn claims payment under
this Agreement.
5. Changes and Alterations and Additional Services
With the consent of Severn, Oro-Medonte may, in writing, at any time after the
execution of the Agreement or the commencement of the Services; delete,
extend, increase, vary or otherwise alter the Services forming the subject of the
Agreement; and, if such action by Oro-Medonte necessitates additional staff or
services, Severn shall be paid in accordance with the Compensation Clause 3.
herein for such additional staff employed directly thereon, together with such
expenses and disbursements as allowed under Clause 3.
6. Suspension or Termination
This Agreement may be suspended or terminated by either party upon 30 days
written notice to the other party.
7. Indemnification
Oro-Medonte agrees to hold harmless, indemnity and defend Severn from and
against any and all claim; losses, damages, liability and cost of defense arising
out of or in any way connected with the provision of Services excluding only such
liability as may result out of the negligence of Severn in the performance of the
Services of this Assignment.
8. Insurance
Severn staff shall be covered under Oro-Medonte Liability Insurance Policies and
be added as an additional insured, while providing the Services of this
Assignment.
2
9. Notices
(a) Any notice or other communication required or permitted shall be given as
follows:
For Oro-Medonte 148 Line 7 South, Box 100
Oro, ON LOL 2X0
For Severn 1024 Hurlwood Lane, P.O. Box 159
Orillia, ON L3V 6J3
(b) Either party to this Agreement shall, at any time, give notice in writing to
the other of any change of address of the party giving such notice, and the
new address specified shall be deemed to be the address of such party for
the giving of future notices.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands
and seals this day of July 2012, A.D.
SIGNED, SEALED AND DELIVERED
The Corporation of Township of Severn
, CV1
Mayor
Clerk -Treasurer
The Corporation of Township of Oro-Medonte