2014-011 Agreement - Municipal Co-hosting for 2014 Ont Winter GamesThe Corporation of the Township of Oro - Medonte
By -Law No. 2014 -011
A By -law to Authorize the Execution of the 2014 Ontario Winter Games Inter -
Municipal Co- Hosting Agreement with the Town of Bracebridge,
Town of Huntsville, Town of Gravenhurst, Township of Lake of Bays,
Township of Muskoka Lakes, City of Orillia, Town of Midland
and Township of Oro - Medonte
Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipal power, including a municipalitiy's capacity, rights, powers
and privileges under Section 9, shall be exercised by by -law unless the municipality
is specifically authorized to do otherwise.
And Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
grants municipalities the powers of a natural person for the purpose of exercising
its authority under this or any other Act.
And Whereas Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides 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 expedient to enter into a 2014 Ontario Winter Games
Inter - Municipal co- Hosting Agreement per Motion No. C140122 -17 at its January
22, 2014 Council meeting.
Now Therefore the Council of the Township of Oro - Medonte hereby enacts as
follows: I
That the Mayor be authorized to execute the 2014 Ontario Winter Games
Inter - Municipal Co- Hosting Agreement between the Town of Bracebridge,
Town of Huntsville, Town of Gravenhurst, Township of Lake of Bays,
Township of Muskoka Lakes, City of Orillia, Town of Midland and Township
of Oro - Medonte, attached hereto as Schedule "A" and forming part of this by-
law;
2. And That this by -law shall take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 5th day of
February, 2014.
The Corporation of the Township of Oro - Medonte
Irwin
2014 ONTARIO WINTER GAMES
"—" INTER- MUNICIPAL CO- HOSTING AGREEMENT
BRACEBRIDGE
The Heart of Muskoka
2014 Ontario Winter Games Inter - Municipal Co- Hosting Agreement
Between
The Corporation of the Town of Bracebridge
(hereinafter referred to as "Bracebridge ")
and the participating municipalities of:
and
The Corporation of the Town of Huntsville
(hereinafter referred to as "Huntsville ")
and
The Corporation of the Town of Gravenhurst
(hereinafter referred to as "Graven hurst ")
and
The Corporation of the Township of Lake of Bays
(hereinafter referred to as "Lake of Bays ")
and
The Corporation of the Township of Muskoka Lakes
(hereinafter referred to as "Muskoka Lakes ")
and
The Corporation of the City of Orillia
(hereinafter referred to as " Orillia")
and
The Corporation of the Town of Midland
(hereinafter referred to as "Midland ")
and
The Corporation of the Township of Oro Medonte
(hereinafter referred to as "Ord')
THIS CO- HOSTING AGREEMENT made in duplicate and signed in counterparts is effective the day
of �— , 2014.
WHEREAS Bracebridge, on behalf of the participating municipalities, has been selected as "Host' for the
2014 Ontario Winter Games (the "Games ") and has been awarded the Grant from the Sport Alliance of
Ontario (the "SAO ") to operate the multi -sport provincial competition within the municipal boundaries of
Bracebridge and the participating municipalities;
® 2014 ONTARIO WINTER GAMES
INTER- MUNICIPAL CO- HOSTING AGREEMENT
BMCEBRIDGE
The Hear( of Muskoka
AND WHEREAS the participating municipalities includes The Corporation of the Town of Huntsville; The
Corporation of the Town of Gravenhurst; The Corporation of the Township of Lake of Bays; The
Corporation of the Township of Muskoka Lakes; The Corporation of the City of Orillia, The Corporation of
the Township of Oro Medonte and, The Corporation of the Town of Midland;
AND WHEREAS Bracebridge has established a Games Organizing Committee (the "GOC ") comprised of
representatives from each of the participating municipalities to organize, manage, promote and conduct
the Games;
AND WHEREAS Bracebridge and the participating municipalities wish to support an opportunity for
Ontario's amateur athletes to compete in multi -sport provincial competitions within the municipal
boundaries of Bracebridge and the participating municipalities;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and
agreements contained in this Agreement and subject to the terms and conditions set out in this
Agreement, the parties agree as follows:
1.0 The Games
1.1 That Bracebridge and the participating municipalities shall organize, manage, promote
and conduct the Games between February 27, 2014 and March 2, 2014 in the
participating municipalities / territory in accordance with:
1.2 the Bid Proposal;
1.3 the terms and conditions of the Host City Agreement between Sport Alliance of
Ontario (the "SAO ") and the Host;
1.4 the Bid Guidelines; and
1.5 an approved budget.
2.0 Grant
2.1 That, subject to the provisions of this Agreement, Bracebridge and the participating
municipalities shall provide a Grant to the GOC calculated at the rate of $1.50 per
resident based on the municipality's 2006 Census population as follows:
Municipality Population Grant
Town of Huntsville - 18,280 $27,420
Town of Bracebridge 15,652 $23,478
Town of Gravenhurst 11,046 $16,569
Township of Lake of Bays 3,570 $5,355
Township of Muskoka Lakes 6,467 $9,700
2.2 That the City of Orillia, Township of Oro Medonte and the Town of Midland will each
provide a grant in the amount of $5,000 as secondary partners in the Games. These
municipalities will not incur any responsibility toward any deficit or surplus as a result of
the Games.
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BMCEBRIDGE
The Heart of Muskoka
3.0
4.0
5.0
2014 ONTARIO WINTER GAMES
INTER - MUNICIPAL CO- HOSTING AGREEMENT
2.3 That Bracebridge will provide office space to the GOC for the efficient organization,
management, promotion and conduct of the Games as per section 8.8 of the Host
Agreement between the SAO and Bracebridge.
Purpose of Grant
3.1 That Bracebridge and the participating municipalities through the GOC shall only use the
Grant for the purposes of the organization, management, promotion and conduct of the
Games in strict compliance with the Approved Budget.
Responsibilities
4.1 That Bracebridge and the participating municipalities shall provide all the facilities and
services necessary to organize, manage, promote and conduct the Games to the
standards established by the SAO as set out in the Agreement between Bracebridge and
the SAO and as set out in the Bid Guidelines.
Representatives and Notices
5.1 That all communications between Bracebridge and the participating municipalities in
respect of this Agreement shall be conducted through the following respective
representatives at the following addresses:
Town of Bracebridge
Address: 1000 Taylor Court
Bracebridge, ON P1 L 1R6
Fax: (705) 645 -1262
Att: Clerk
Town of Huntsville
Address: 37 Main Street East
Huntsville, ON P1H 1A1
Fax: (705) 789 -6689
Att: Clerk
Town of Gravenhurst
Address: 190 Harvie Street
Gravenhurst, ON P1 P 1 S9
Fax: (705) 687 -7016
Att: Clerk
Township of Lake of Bays
Address: 1012 Dwight Beach Road
Dwight, ON POA 1 HO
Fax: (705) 635 -2132
Att: Clerk
Township of Muskoka Lakes
Address: P.O. Box 129, 1 Bailey St.
Port Carling, ON POB 1 JO
Fax: (705) 765 -6755
Att: Clerk
2014 ONTARIO WINTER GAMES
INTER- MUNICIPAL CO- HOSTING AGREEMENT
BRACEBRIDGE
The Heart of Muskoka
City of Orillia
Address: Orillia City Centre
50 Andrew Street South, Suite 300
Orillia, ON L3V 7T5
Fax: (705) 325 -5178
Aft: Clerk
Town of Midland
Address: 575 Dominion Avenue,
Midland, ON L4R 1 R2
Fax: (705) 526 -9971
Aft: Clerk
Township of Oro Medonte
Address: 148 Line 7 South
Oro, ON LOL 2X0
Fax: (705) 487 -0133
Att: Clerk
6.0
Term
6.1 That this agreement shall remain in full force and effect:
6.2 until August 1, 2014; or
6.3 until any deficit resulting from the organizing, management, promotion and
conduct of the Games has been eliminated; or
6.4 until any surplus resulting from the organizing, management, promotion and
conduct of the Games has been dispersed to the satisfaction of the GOC acting
reasonably; or
6.5 until any Asset Legacy resulting from the organizing, management, promotion
and conduct of the Games has been dispersed in accordance with Section 10.0
to the satisfaction of the GOC acting reasonably.
7.0
Insurance and Indemnification
7.1 That Bracebridge shall, at its own cost, put in effect and maintain for the period during
which the Host Agreement with the SAO is in effect, with insurers acceptable to the SAO,
all the necessary insurance that would be considered appropriate for a prudent Host of
the Games, as may be determined by the SAO in its sole discretion including
Comprehensive General Liability to an inclusive limit of not less than Fifteen Million
Dollars ($15,000,000.00) per occurrence for Property Damage, Bodily injury and
Personal injury, and Automobile Liability (owned and non -owned or hired units) and
including, at least, the following policy endorsements:
(i) The Sport Alliance of Ontario as an additional insured;
Her Majesty the Queen in Right of Ontario as represented by The Minister of
Health Promotion as an additional insured;
(iii) Cross Liability;
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BRACEBRIDGE
The Heart o/Muskoka
2014 ONTARIO WINTER GAMES
INTER - MUNICIPAL CO- HOSTING AGREEMENT
(iv) Contractual Liability;
(v) Independent Contractor's Liability: and
(vi) Products and Completed Operations Liability.
7.2 That Bracebridge and all participating municipalities shall put into place and continue to
maintain for the period during which this Agreement is in effect all the necessary
insurance appropriate to the venues within their municipal boundaries where the Games
take place, to the activities to take place in said venues and without limitation to all
activities relating to the Games (including sport and ceremonial activities).
7.3 That the insurance put into place by Bracebridge and all participating municipalities shall
at a minimum include Comprehensive General Liability to an inclusive limit of not less
than Fifteen Million Dollars ($15,000,000.00) per occurrence for Property Damage, Bodily
injury and Personal injury, and Automobile Liability (owned and non -owned or hired
units). All insurance maintained by Bracebridge and the participating municipalities must
be acceptable to S.A.O. as S.A.O, may determine in its sole discretion.
7.4 Notwithstanding article 7.1, each of Bracebridge and the participating municipalities shall
save and hold harmless each other from claims arising out of each and every event that
is controlled and managed within their municipal / territorial boundaries and that each of
Bracebridge and the participating agree to respond independently to defend each and
every claim against them arising from the Games.
7.5 That Bracebridge and the participating municipalities shall provide the SAO with valid
Certificates of Insurance (and a renewal replacement as may be necessary), which
references the Games, confirms the above requirements and states any pertinent
exclusions, as applicable, contained by the policy(ies).
7.6 That Bracebridge, through the GOC, shall develop and implement a risk management
plan for the organization, management, planning and conduct of the Games.
8.0 Accounting and Auditing
8.1 That Bracebridge shall, on behalf of the participating municipalities / territory, keep and
maintain care and control of all records, invoices, and other documents of the Host and
the GOC relating to the organization, management, promotion and conduct of the Games
in accordance with the Agreement between Bracebridge and the SAO.
9.0 Recognition
9.1 That Bracebridge, through the GOC, shall ensure that the contributions and support of
the participating municipalities / territory is acknowledged in all advertising, publicity,
website and signs related to the Games.
10.0 2014 Ontario Winter Games Deficit, Surplus or Asset Legacy
10.1 That any deficit incurred by the GOC upon the completion of the Games shall be the
responsibility of each partner municipality listed in section 2.1.
10.2 That any deficit shall be apportioned to Bracebridge and the participating municipalities
based on the municipality's population per the 2006 Census as outlined in Section 2.1.
® 2014 ONTARIO WINTER GAMES
INTER- MUNICIPAL CO- HOSTING AGREEMENT
BRACEBRIDGE
The Heart ojMuskoka
10.3 That any surplus funds remaining upon completion of the Games after payment of all
liabilities incurred by the GOC resulting from the organizing, management, promotion and
conduct of the Games shall be distributed to Bracebridge and the participating
municipalities based on the municipality's population per the 2006 Census as outlined in
Section 2.1.
10.4 That any physical assets resulting from the organizing, management, promotion and
conduct of the Games shall form the Asset Legacy of the Games and such Asset Legacy
shall be equitably shared by Bracebridge and participating municipalities as determined
by the GOC acting reasonably.
10.5 That should an Asset Legacy be established as a result of the organizing, management,
promotion and conduct of the Games, an agreement shall be prepared by the GOC to
outline the ownership, roles, responsibilities and terms of use the said physical assets.
This Agreement shall be signed on behalf of Bracebridge and the participating municipalities by the
proper signing authority.
THE CORPORATION OF THE TOWN OF BRACEBRIDGE
The signatory has the authority to bind the municipality for purposes of this Agreement.
Authorized by By- lawc>01a
Clerk
THE CORPORATION OF THE TOWN OF HUNTSVILLE
The signatory has the authority to bind the municipality for purposes of this Agreement.
Authorized by By -law 2-_- ,S eq
Mayor G t, r+
Mu�r .'FCt"pal Clerk
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BRACEBRIDGE
The Heart of Mus/roke
2014 ONTARIO WINTER GAMES
INTER - MUNICIPAL CO- HOSTING AGREEMENT
THE CORPORATION OF THE TOWN OF GRAVENHURST
The signatory has the authority to bind the municipality for purposes of this Agreement.
Authorized by By -law `Z- E 131P
Mayor
Clerk
THE CORPORATION OF THE TOWNSHIP OF LAKE OF BAYS
The signatory has the authority to bind the municipality for purposes of this Agreement.
Authorized by By- IawjLLlO
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
The signatory has the authority to bind the municipality for urposes of this Agreement.
Authorized by By -law 10 1 2 — a 0
BRACEBRIDGE
The Hear[ of Muskoka
2014 ONTARIO WINTER GAMES
INTER - MUNICIPAL CO- HOSTING AGREEMENT
THE CORPORATION OF THE CITY OF ORILLIA
The signatory has the authority to bind the municipality for
Authorized by By -law 23 3 — Q
Mayor
THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE
of this Agreement.
The signatory has the authority to ind the municipality for purposes of this Agreement.
Authorized by By -law #—n//
n / /
c ;
ayor
Clerk
THE CORPORATION OF THE TOWN MIDLAND
The signatory has the authority to bind the municipality for purposes of this Agreement.
Authorized by By -law 0o 13
Mayor