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09 25 2019 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, September 25, 2019 5:30 p.m. - Closed Session 7:00 p.m. - Open Session The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Donna Hewitt, Director, Corporate Services re: Education or training of members (Plan 626, Lakeshore Promenade). d) Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Labour relations/employee negotiations (Fire & Emergency Services Staffing). e) Tamara Obee, Manager, Human Resources/Health & Safety re: Labour relations/employee negotiations (Collective Bargaining). f) Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Solicitor- client privilege; Personal matters about an identifiable individual (Procedural Compliance). \[Addenda\] 5. Minutes of Council and Committees: 6 - 23a) Reports of Joint Accessibility Advisory Committee meetings held on March 28, May 9, June 6 and July 18, 2019. Page 1 of 294 Council Meeting Agenda -September 25, 2019 24 - 39 b) Minutes of Joint Compliance Audit Committee meetings held on December 17, 2018, July 9, 2019 and July 23, 2019. 40 - 59 c) Minutes of Council meeting held on Wednesday, September 11, 2019. 60 - 62 d) Minutes of Special Council meeting held on Monday, September 16, 2019. 63 - 146 e) Minutes of Heritage Committee meeting held on Monday, September 16, 2019. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations: 147 - 163 a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on behalf of Democrat Homes Ltd. re: Oro-Medonte Estates Inc., Forest Heights Subdivision, File No. 43-OM-93022 \[Refer to Item 12a)\]. 9. Presentations: None. 10. Identification From the Public of an Agenda Item of Interest: Provides an opportunity for members of the public to identify an agenda item which the public member may request be brought forward and considered earlier in the meeting. 11. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: Open Forum shall last no longer than 20 minutes; Each speaker shall be required to identify the agenda item they are speaking to and provide their name and address, which may become part of the public record; A speaker shall be limited to 2 minutes per agenda item; No response shall be provided to any question posed during Open Forum; No discussion, debate or decisions will occur during Open Forum; Each speaker is permitted to speak only once per agenda item; A speaker may provide comment on one agenda item and then shall step aside to enable another to provide comment on an agenda item; No speaker shall speak to a second agenda item until other Page 2 of 294 Council Meeting Agenda -September 25, 2019 individuals have had an opportunity to speak once; Speakers providing comment on the same agenda item, shall be requested to limit their comments so as to provide additional information and not repeat the same information provided by a previous speaker; Comments made during Open Forum will not form part of the minutes of the meeting; The following matters will not be permitted during Open Forum: o Comments/complaints against Members of Council or Township staff; o Matters beyond the jurisdiction of Council or the Township; o Closed Session agenda items, including current or pending litigation, or Insurance claims and/or pending claims by or against the Township; o Comments with respect to Minutes of Council and Committees; o Comments that are contrary to the Municipal Freedom of Information and Protection of Privacy Act; o Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of comment related to a recommendation contained within the Staff Report. The Chair may conclude Open Forum prior to the 20 minute maximum time limit, for non-compliance with the Open Forum parameters, Conduct of Members of the Public, or any other reason. 12. Reports of Municipal Officers: 164 - 171 a) DS2019-118, David Saunders, Manager, Development Engineering re: Line 6 North and Horseshoe Valley Road Intersection Design Options. 172 - 238 b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Community Gateway Signage Design Services Award - RFP # CS 2018-01. 239 - 242 c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compliance & Capital Projects re: Zone 1 Integration Horseshoe Valley Road Watermain Crossing. 243 - 245 d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Officer re: Noise By-law Update \[to be distributed\]. 246 - 250 e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of Tender OCS 2019-014 Supply and Delivery of Winter Sand and Winter Salt. 251 - 255 f) OCS2019-27, Shawn Binns, Director, Operations and Community Services re: Parks and Facility Snow Removal. 13. Reports of Members of Council: a) Updates from Council Representatives County of Simcoe and Township Page 3 of 294 Council Meeting Agenda -September 25, 2019 Partners and Agencies. Agencies, to deliver updates Agencies. 256 b) Deputy Mayor Jermey, correspondence dated September 17, 2019 from Shelley Petrie, Program Director, Greenbelt Foundation re: Funding Opportunity, Call for Letters of Intent Now Open. 14. Consent Agenda: 257 a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, Notice of Closure, Stanley Avenue re: Culvert 11 Replacement, Closed beginning Monday, September 23, 2019 and scheduled to reopen no later than Friday, October 25, 2019. 258 b) Correspondence dated September 16, 2019 from Doug Luker, Chair, Sustainability Committee, Sustainable Severn Sound (SSS), CAO, Township of Tiny and Steffen Walma, Chair, Severn Sound Environmental Association (SSEA), Deputy Mayor, Township of Tiny re: SSEA and SSS 2020 Budget Request. Staff Recommendation: Receive and Refer to 2020 Budget Deliberations. 259 - 260 c) Correspondence received September 6, 2019 from Steve Clark, Minister, Ministry of Municipal Affairs and Housing re: Bill 108, More Homes, More Choice Act, 2019 Update. Staff Recommendation: Receive for Information Only. 261 - 262 d) Correspondence dated September, 2019 from Karla Musso-Garcia, Director, Simcoe County Roads Supervisors Association (SCRSA) re: 2020 Association of Ontario Road Supervisors (AORS) Tradeshow. Staff Recommendation: Receive for Information Only. 263 e) Correspondence from City of Orillia; and Simcoe Muskoka Opioid Strategy re: Educational Forum, Opioids and Other Drugs in Our Community, October 22, 2019, 9:30a.m. - 12:30p.m., City of Orillia, 50 Andrew Street South, Council Chamber. Staff Recommendation: Receive for Information Only. 15. Communications/Petitions: 264 - 272 a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berisha re: Reconsideration of Application for Encroachment Agreements for 80 Lakeshore Promenade and Blackman Blvd. 16. Notice of Motions: None. Page 4 of 294 Council Meeting Agenda -September 25, 2019 17. By-Laws: 273 - 274 a) 2019-085: A By-law to remove the Holding symbol on lands described as follows: 47 Pugsley Lane, Con 11 E Pt Lot 24, Township of Oro-Medonte, County of Simcoe Roll # 4346-010-011-07300. 275 - 276 b) 2019-091: A By-law to remove the Holding symbol on lands described as follows: Part of Lot 2, Concession 3, Part 1 on 51R-41444, Township of Oro- Medonte, County of Simcoe. 277 - 293 c) 2019-092: A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Vetta Spa Inc. described as lands as follows: Part of Lot 2, Concession 3 Oro; Part 1, 51R-41444 Township of Oro-Medonte, County of Simcoe. 18. Closed Session Items (Unfinished Items): 19. Confirmation By-Law: 294 a) 2019-093: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, September 25, 2019. 20. Questions from the Public Clarifying an Agenda Item: Questions from the Public Clarifying an Agenda Item provides an opportunity for the members of the public to seek clarification with respect to the decision which was made on an agenda item, the meaning of the decision and the next steps as a result of the decision. Questions from the Public Clarifying an Agenda Item shall last no longer than 10 minutes; Responses provided to questions posed during Questions from the Public Clarifying an Agenda Item shall be included within the 10 minute maximum time limit; Each speaker shall be required to identify the agenda item they are seeking clarification on and provide their name and address, which may become part of the public record; A speaker shall be limited to 1 minute per question; A speaker may pose a question and then shall step aside to enable another to pose a question; The Chair may conclude Questions from the Public Clarifying an Agenda Item prior to the 10 minute maximum time limit, for non- compliance with the above parameters, Conduct of Members of the Public, or any other reason. 21. Adjournment: a) Motion to Adjourn. Page 5 of 294 5.a) Reports of Joint Accessibility Advisory Committee meetings held on ... 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Page 37 of 294 5.b) Minutes of Joint Compliance Audit Committee meetings held on Decemb... Page 38 of 294 5.b) Minutes of Joint Compliance Audit Committee meetings held on Decemb... Page 39 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 40 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 41 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 42 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 43 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 44 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 45 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 46 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. Page 47 of 294 5.c) Minutes of Council meeting held on Wednesday, September 11, 2019. 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Page 69 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Page 70 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Vasey Rd. 65 391 122 99 128 69 Moon stone Rd. 403 81 45 148 12 400 125 Hor seshoe Valley Rd. 156 133 421 419 Old Barrie Rd. 425 162 11 R idg e 433 165 439 21 174 440 178 448 194 2 4 215 206 470 3 484 5 490 16 567 18 498 14 9 506 12 7 514 10 5 532 8 3 2 9 6 4 11 4 546 13 2 3 8 5 7 9 16 10 11 2 Location Hawkestone Yacht Club Girl Guide Camp 0100 m Page 71 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Page 72 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Page 73 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Page 74 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... Page 75 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 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Page 126 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of , 2019 1 Page September 16 Medonte - Photo in the Township of Oro LocationLine 3 N, north of Highway 400792 Line 11 N1645 Line 3 N2191 Line 2 North ” 1958 - , Cemeteries and Churches of maintaining a emory of the following Monuments ecords the interesting R “tradition militia in each community, prepared to defend against invasion or insurrection(Township’s website)Huronia historic sites association DescriptionErected by the County of Simcoe and the Township of Oro in mfamilies who worshipped and are buried there.In memory of Clowes Primitive Methodist Church 1867 s cairn Oro drill e CairnStone Cairn on Huron SiteEast shed cairnOro African Church cairnClow List of Cairns, Plaques,Cairns Page 127 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 2 Page Photo , arrie East , on the curve LocationOld Barrie Roadnorth sidebetween Line 7 and Line 8(On the County Road allowance)(West of 316 Old BRoad East)687 Lakeshore Road East . 1923. - 1944 to the in To commemorate and recognize the services of Honourable E.C. DruryBorn in the Township of Oro in 1878.Instrumental in establishing Simcoe County Forest.Served as Premier of Ontario from 1919 DescriptionDonated Township of Oro by George Kirkpatrick in Honour of Those from the Township who served in our armed forces in the war 1939 to 1945. CairnE. C. DruryBayview Memorial Park Page 128 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 3 Page Photo Location1645 Line 3 North . National historic siteSimcoe County historic siteAcknowledges the contribution Blacks made to the development of the area, and the unique situation that brought them here Description PlaqueOro African Church Plaques Page 129 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 4 Page Photo Location28 Church Street2400 Bass Lake Sideroad East h is a 1992) - pay British officer - ng from 1913. The rovided to and then donated by Lt. Col. DescriptionSt. Thomas Anglican Churchsignificant central settlement structure for the Shanty Bay area. The church’s construction was completed in 1842 and is settled amidst towering spruce, a cemetery including the local O’Brien family and mausoleum datiunusual craftsmanship of the structure is evident in the interior wood elements (pews, lectern, pulpit, plan flooring, wainscoting, ceiling beams and reredos and interior paneling with adze marks). The structure is built on a land grant pEdward O’Brien, a halfwho influenced the design and direction of the construction.Langman Homestead (1832Settled by Nicholas Langman from SoutPetherwin, Cornwall, England. Married Mary Baskerville (1833) of Leigh’s Corners, Oro Township and raised their family of 12 children. PlaqueSt. Thomas Church plaqueLangman Homestead plaque Page 130 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 5 Page Photo north 9 Location1911 Old Barrie Road East (Rugby)66Penetanguishene Road (justof Highway 11) nee Miller – f this area’s pioneer ry of the Canadian Council n, Drury became Ontario’s MacGregor 1890) as Ontario’s first minister - 1961 - eacher and novelist whose characters 1873Mrs. Esther Beloved author, who in her many books, portrayed affectionately the live of the people and early time of this part of Oro as well as Ontario. Representative of her writings are novels ‘Duncan Polite’ and ‘Silver Maple’ area 1920.“Tand fictional situations reflected what she saw in her community” (Township’s website).Simcoe County historic site DescriptionHon. Ernest Charles DruryA descendant of one ofamilies. Drury was born on this farm in 1878. His father, the Hon. Charles Drury, had served (1888of agriculture. A graduate of the Ontario Agricultural College. E.C. Drury was appointed secretaof Agriculture in 1909 and became first president of the United Farmers Of Ontario in 1914. The U.F.O. formed a political party in 1918 and with support from labour won the general election of 1919. Returned as member for Haltoeight prime minister. Following his party’s defeat in 1923 he retired from provincial politics but later held various public offices in Simcoe County. PlaqueMarian Keith plaqueE.C. Drury plaque Page 131 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 6 Page Photo t of eas – Rail Trail ss Lake Side oad just LocationLine 1 South at the Parking Lot BaRLine 5 North(Simcoe County Forest Sutherland Tract) sponsored Black - of the province’s northern after the renowned British abolitionist. ounty Forests in 1973. After retiring from Ed was born in New Brunswick where he obtained a Bachelor of Science in forestry in 1968. After joining the department of Lands and Forest in Ontario his career took him to Chapleau, Lindsay and finally Midhurst area where he began working in the Simcoe Cthe province in 1996, Ed became the Forester for the County of Simcoe, a position he held until 2005. The Ed Sutherland tract has been established in the memory of Ed and has more than 30 years of management. DescriptionBlack Settlement in Oro TownshipThe only governmentsettlement in Upper Canada, the Oro community was established in 1819 to help secure the defencefrontier. Black veterans of the War of 1812 who could be enlisted to meet hostile forces advancing from Georgian Bya were offered land grants here. By 1831 nine had taken up residence along this road, called Wilberforce StreetBolstered by other Black settlers who had been attracted to the area, the community soon numbered about 100. The settlement enventually declined, however, as farmers discourage by the poor soil and harsh climate gradually drifted away. Today only the African Episcopal Church erected near Edgar in 1849 remains as a testament to this early Black community. PlaqueBlack Settlement plaqueEd Sutherland Page 132 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 7 Page Photo LocationBetween the Fire Hall (375 Line 11 South) and the Rail Trail3525 McNutt Road , th Canadian Acknowledges the interesting history of a community established to receive settlers.Township historic site DescriptionPrivate McNutt left the home farm in May 1942 for active service in the Lanark and Renfrew Scottish Regiment of The Infantry Corps leaving his widowed mother & brother home on the farm. On October 41944 while serving in the Perth Regiment, he was killed in action in Italy at the young age of 26 years. PlaqueHistoric Hawkestone (Hodges’ Landing)Juno BeachPrivate George Robert McNutt Plaque Page 133 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 8 Page akeshore 687 LRoad East (Bayview Memorial Park) 687 Lakeshore Road East (Bayview Memorial Park) past, – 2016) - 2017) - 2018) - Medonte Horticultural - Ellwood McLaughlin (1923Jean Crawford (1925Marjorie Bell (1937 Donated by the OroSociety in memory of the dedicated service to our society and the community of Past Presidents:Dedicated to the people of Oro present and future generations. It is through their efforts that this Township first settled in 1819 was, is and shall continue to be a fine place to live and grow - OroMedonte Horticultural SocietyBayview Memorial Park Plaque Page 134 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 9 Page Photo LocationNorth of 4632 Line 11 N (on the curve of the road) – 1871 1901 - – 1866 1873 1901 – 1900 1900 – – 1914 – – 1918 – 1898 – Boer War - Regiment Simcoe Militia th DescriptionSir Samuel Benfield SteeleKCMG CB MVOBorn January 5, 1848 at PurbrookSon of Capt. Elmes Steele and his wife Anne.35A battery royal Canadian artillery North West Mounted Police March West in 1874Kootenay expedition and Fort Steele Yukon the cold rush Raised Strathcona’s horse Commanded in South Africa AgloSouth African constabulary Promoted Major General Knighted KCMG Died January 30, 1919 at Putney, EnglandBuried at Winnipeg, Manitoba MonumentSir Sam Steele monument Monuments Page 135 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 10 Page Photo Location833 Line 7 North223 Darby Road (Intersection of County Roads 27 & 93 in Waverly) This is a very The entire park originally erected in 1920 Waverly is at the well kept and treasured by nds, once again one for each of the grounds. Township monument records the names of those who fought in the two world wars.Township historic site DescriptionThe monument was to honour the men lost in the Great War, from the four surrounding townships of Medonte, Tiny, Tay and Flos.crossroads of these four townships. After the Second World War, four steles were added to the grouof the four townships, each with a list of names of those lost in the war.A marble statue of a WWI soldier stands on top of the original monument.ancestors forever carved in the stones. is surrounded by a black metal fence with a gate at the front attractive memorial, the local citizens. The names of their - - MonumentOld Town Hall Cenotaph FourTownship War Memorial (Tiny, Tay, Flos and OroMedonte) Page 136 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 11 Page The Plaque has now been removed. Photo Location14 Cahiague Road____ Highway 12“East side of Highway 12, just south of Warminster” rons 38. - west trail - llia) to east trading route. Later it - ve, situated here 1830 DescriptionThis highway follows much the same route as the ancient Indian portage from the Narrows (OriColdwater, the majorbetween Lake Simcoe and Georgian Bay. Prehistoric Indians, fishing at the Narrows as long as 4,000 years ago, may have come this way.Over this trail in 1615 Champlain travelled with the Hurons to winter at Cahiague (near Warminster). Huand Ojibways, French and British used it as a furserved pioneer traffic to mills, stores and steamboat landings.The modern road was cleared in 1830 under Indian Agent T.G. Anderson, for the Coldwater and Narrows Indian Reser s istoric Site Historic SiteSite of Cahiague Native VillageOld Coldwater Road H Page 137 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 12 Page Photo orth ast of 610 Old Location540 Line 12 NTo the eBarrie Road WestLot 15, Concession 9 (Medonte) Township took over the cemetery in 2014Dedicated to the memory of John Leigh Family Description CemeteriesLeigh’s Corner CemeteryAbandoned CemeteryMoon Private Cemetery Cemeteries Page 138 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 13 Page Photo Location1645 Line 3 North1933 Old Barrie Road East Description CemeteriesAfrican Methodist Episcopal Church CemeteryRugby Cemetery Page 139 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 14 Page Photo Location28 Church Street . anship of is a significant pay British - DescriptionSt. Thomas Anglican Churchcentral settlement structure for the Shanty Bay area. The church’s construction was completed in 1842 and is settled amidst towering spruce, a cemetery including the local O’Brien family and mausoleum dating from 1913. The unusual craftsmthe structure is evident in the interior wood elements (pews, lectern, pulpit, plan flooring, wainscoting, ceiling beams and reredos and interior paneling with adze marks). The structure is built on a land grant provided to and then donated by LtCol. Edward O’Brien, a halfofficer who influenced the design and direction of the construction. ChurchSt. Thomas Church Churches Page 140 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 15 Page Photo Location1645 Line 3 North is eclared hew logs, and is the - sh government granted 25 Board of Canada plaque and a 1826. By 1831, thirty more families - onstructed of hand DescriptionOro African Methodist Episcopal Churchlocated at the southeast corner of the intersection of Line 3 North and Old Barrie Road West. This modest church, clast built remnant of a community of early African Canadians settlers in Simcoe County. The Britiplots to Black settlers in Oro Township from 1819joined the settlement and the church construction was completed by 1849. The Church was active until 1900 when the community faded away and was dabandoned in 1916. It was designated a National Historic Site in 2000. An unmarked cemetery is also located on the property. A stone cairn displays plaques commemorating the history of the former church, including the Historic Sites and Monuments stone tablet engraved with the names of the families buried in the cemetery. ChurchOro African Church Page 141 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 16 Page Photo Horseshoe Location1562 Old Barrie Road West301Valley Road West the Township’s Register 1899 - Listed in DescriptionBethesda Congregational Church1859 sda ChurchBetheCongregational Church Coulson Church Page 142 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 17 Page Photo Old Location1604 Old Barrie Road East3353 Line 10 North1430Barrie Road East Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register Description ChurchKnox Presbyterian ChurchWillis Presbyterian ChurchEsson Presbyterian Church Page 143 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 18 Page Photo Medonte - South Location80 15/16 Sideroad East Oro697 Line 7 South/703 Line 714 Line 4 North Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register Description ChurchCentral Presbyterian ChurchOro Station Presbyterian ChurchGuthrie Presbyterian Church Page 144 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 19 Page Photo Location59 Line 4 North4590 Line 6 North1058 Bass Lake Sideroad West Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register Description ChurchGuthrie United ChurchHobart Memorial ChurchWest Oro Baptist Church Page 145 of 294 5.e) Minutes of Heritage Committee meeting held on Monday, September 16,... 20 of 20 Page Photo Location9160 Highway 12 West4784 Line 4 North1804Warminster Sideroad Listed in the Township’s RegisterListed in the Township’s RegisterListed in the Township’s Register Description ChurchSt. Luke's Anglican Church, Price's CornersMount St. Louis ChurchSacred Heart Church Page 146 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Page 147 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Page 148 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Sept. 25, 2019 – Council Medonte - Deputation Before Township of Oro Line North and Horseshoe Valley Road Intersection Design Options th 6 Page 149 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... request the westbound turn lane. - Friends of Sugarbush re – Cost Sharing Agreement proposes alternate connection of Line 6 North Friends of Sugarbush petition the County and Township for an County constructs eastbound right turn lane at Line 6/HVR. --– 1994 to Horseshoe Valley Road (HVR) at 260m east from its current location.2009 eastbound right turn lane and westbound left turn lane at Line 6/HVR.2012 2013 and 2018 Background Page 150 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... County completes Traffic Analysis (TIS) and defers the – TIS completed by JD Engineering confirms left turn lane was Additional TIS completed by JD Engineering confirms that the – – 2013 and 2019 construction of the westbound turn lane to when Forest Heights Estates is constructed.April 2018 warranted back in 2013 when the County’s TIS was completed.July 2019 existing Line 6/HVR intersection is an acceptable alternative to the proposed relocated Line 6/HVR intersection. Background (cont’d) Page 151 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Location Map Page 152 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... 1994 Agreement – Subdivision Boundaries Page 153 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Relocated Line 6/HVR Intersection – Page 154 of 294 Option A 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Relocated Line 6/HVR Intersection – Page 155 of 294 Option A 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Existing Line 6/HVR Intersection – Page 156 of 294 Option B 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Existing Line 6/HVR Intersection – Page 157 of 294 Option B 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Reassessment of 25 year old proposal for Option A based on current traffic data and residential development in the Sugarbush Community.Updated July 2019 TIS supports Option B.Review with Township Engineering staff and acceptance that Option B would comply with standard engineering practices and satisfy the 1994 draft plan approval.Summary of benefits of Option B as follows: Analysis Page 158 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Minimizes disruption/change to existing County and Township road infrastructure.Avoids decommissioning the recently upgraded Line 6/HVR intersection.Reduces the lane/platform width of the connection road from Ruby Ridge Road to Line 6 N.Reduces the slope of Ruby Ridge Road and its connection to Line 6 N.Significantly reduces the cut/fill earthworks volumes and impacts.Reduces the total length of road and services construction.Minimizes the disruption to existing services and utilities.Eliminates the need to construct the realignment of Hickory Lane.Allows for the creation of additional lot(s) as infill on lands within the Ruby Ridge extension. Engineering Benefits of Option B Page 159 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... naturalized. - Reduces the impact of construction within the NVCA regulated wetland area boundary.Reduces the tree clearing area in Phase 2 works of the subdivision due to a reduction in overall excess fill material requirement.Increases the wetland footprint that can be remediated/re Environmental Benefits of Option B Page 160 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Significant reductions to the overall cost of construction and decommissioning of existing infrastructure.Reductions in road servicing and maintenance costs to the Township.Reductions in snow removal costs to the Township. Cost Benefits of Option B Page 161 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Option B will provide the necessary capacity to provide safe and efficient traffic flow for the future development in the Sugarbush area including Forest Heights.The available site distance is acceptable for the intended use.Available collision data since 2012 construction of eastbound right turn lane at Line 6/HVR does not observe any pattern suggesting Option B would cause traffic safety issues.Traffic flow and access to/from the Line 7 N./Diamond Valley Dr. intersection has been factored in to the overall traffic impact within the Sugarbush area. Traffic Safety Benefits of Option B Page 162 of 294 8.a) 7:00 p.m. Gary Pearson, Principal, Pearson Engineering Ltd., on beh... Improved engineering designImproved traffic safety parametersReduced environmental impactEliminated realignment of Hickory LaneReduced construction costs for both the Township and Developer Reduced long term maintenance and operations costs to the TownshipInclusion of an extended outbound easterly egress laneInclusion of the westbound left turn lane Based on this extensive design and technical review, Option B will provide:Recommend Option B be endorsed as the preferred design. Conclusion Page 163 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 164 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 165 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 166 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 167 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 168 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 169 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 170 of 294 12.a) DS2019-118, David Saunders, Manager, Development Engineering re: L... Page 171 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 172 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 173 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 174 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 175 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 176 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... The Corporation of the Township Oro-Medonte Request for Proposal RFP # CS 2019-01 Sealed Proposals, clearly marked as to contents, will be received by Corporate Services, 148 Line 7 South, Oro-Medonte, Ontario, L0L 2E0, no later than 3:00 pm (15:00) local time, August 30, 2019. Late proposals will not be accepted. Requirements for: Community & Gateway Signage Design 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: Jennifer Whitley Coordinator, Economic Development & Communications (jwhitley@oro-medonte.ca) 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. Page 1 of 62 Page 177 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Table of Contents Definitions....................................................................................................................... 7 Part I Project Terms of Reference............................................................................9 1. Introduction...................................................................................................... 9 2.Background......................................................................................................9 3. Timeframe of Project ...................................................................................... 10 4. Project Requirements:.................................................................................... 10 5. Deliverables ................................................................................................... 11 6. Contents of Proposals .................................................................................... 11 Part II Instructions to Proponents............................................................................. 13 1. Deliveryof Proposals..................................................................................... 13 2. Electronic Submissions .................................................................................. 13 3. Proposal Schedule ......................................................................................... 13 4. Competition Intended ..................................................................................... 14 5. Inquiries ......................................................................................................... 14 6. Addendum/Addenda ...................................................................................... 14 7. Site Meeting ................................................................................................... 14 8. Mandatory Proposal Requirements................................................................ 15 9. Checkingof Proposals................................................................................... 15 10. Late Submission............................................................................................. 16 11. Proposal Opening .......................................................................................... 16 12. Amendment of Proposals............................................................................... 16 13. Right to Accept or Reject Proposal ................................................................ 16 14. Proposal Evaluation ....................................................................................... 16 15. Evaluation Criteria.......................................................................................... 17 Page 2 of 62 Page 178 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 16. Negotiations ................................................................................................... 18 The Township may award the contract on the basis of the proposals received, without discussion. Each proposal should therefore contain the Proponent’s best terms and complete detailed information. .................................................................................... 18 The Township reserves the right to enter in to negotiations with any selected Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a successful agreement, the Township may terminate the negotiations and begin negotiations with the next selected Proponent(s). This process will continue until an agreement has been executed or all of the Proponent(s) have been rejected. No Proponent shall have rights against the Township arising from negotiations. ............. 18 17. Presentation & Interview ................................................................................ 18 18. Award Determination ...................................................................................... 19 19. Execution of Award ........................................................................................ 20 20. Order of Precedence ...................................................................................... 20 21. Alternative Dispute Resolution....................................................................... 21 22. Contract Additions & Deletions...................................................................... 21 23. Proponent Qualifications................................................................................ 21 24. Proponent's Statement of Understanding....................................................... 22 25. Term of Contract............................................................................................ 22 26. Irrevocability of Proposals .............................................................................. 22 27. Errors and Omissions ..................................................................................... 22 28. Proponents Expenses .................................................................................... 22 29. Changes to Proposal Wording ....................................................................... 22 30. Price Components.......................................................................................... 22 31. Freedom of Information.................................................................................. 23 32. Bribery/Fraud................................................................................................. 23 33. Cancellation ................................................................................................... 23 34. Insurance ....................................................................................................... 24 35. Workplace Safety and Insurance Board (WSIB) ............................................ 24 Page 3 of 62 Page 179 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 36. Regulation Compliance and Legislation ......................................................... 25 37. Laws of Ontario .............................................................................................. 25 38. Indemnification ............................................................................................... 25 39. Force Majeure ................................................................................................ 25 40. Severability.................................................................................................... 26 41. Termination of Contract .................................................................................. 26 42. Termination byNotice .................................................................................... 26 43. Termination for Cause.................................................................................... 26 44. Suspension of Work ....................................................................................... 27 45. Suspension in Future ..................................................................................... 27 46. Failure to Complywith Owner Decisions........................................................ 27 47. Evaluation of Performance ............................................................................. 27 48. Time is of the Essence ................................................................................... 28 49. Safety Standards ............................................................................................ 28 50. Non-Waiver .................................................................................................... 28 51. Non-Assignment ............................................................................................ 28 52. Emergency Telephone Number ..................................................................... 28 53. Personal Property Security Act ...................................................................... 29 54. Confidentiality of Information.......................................................................... 29 55. Conflicts of Interest ........................................................................................ 29 56. Township Not Employer................................................................................. 30 57. Township of Oro-Medonte’s Purchasing and Tendering Procedures .............. 30 By-Law No. 2004-112, as amended ............................................................................ 30 58. Working Language ......................................................................................... 31 59. Intellectual Property ....................................................................................... 31 60. Accessibility ................................................................................................... 31 Page 4 of 62 Page 180 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 61. Township of Oro-Medonte Payment Terms .................................................... 32 PartIII Form of Proposal ............................................................................................ 33 Schedule I – Budget ...................................................................................................... 39 Schedule II -List of References.................................................................................... 41 Part IV Agreement......................................................................................................... 43 Part V Appendices.......................................... 50 Accessibility for Ontarians withDisabilities (AODA) .................................................... 52 Contract Change Order Sample .................................................................................. 54 Letter of Credit Wording asRequired By ..................................................................... 57 Page 5 of 62 Page 181 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... \[Intentionally Left Blank\] Page 6 of 62 Page 182 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Definitions Thefollowing definitionsapply to theinterpretation ofthe Request for Proposal and Contract Documents; 1. “Addenda or Addendum” means any additions, deletions, modifications or other changes to the Contract Document andall corresponding Schedules and Appendices. 2. “BusinessDay” means any day from Monday through Friday between the hours of 8:30 amand 4:30 pm, excluding statutory holidays observed by The Township of Oro-Medonte. 3. “Calendar Day” means Monday through Sunday inclusive, but excluding any recognized statutoryholiday. 4. “Closing Date”means the date and time specified inInstructions toProponents, by which all Proposals shall be received and stamped by the Owner. 5. “Conflictof Interest”has the meaningthat if there is an actual or potential Conflict of Interest inpreparing its Proposal, and/or theProponent(s) foresees an actual or potential Conflict of Interestin performing the works required under the Contract. 6. “Contract”means the agreement in writing governing the defined Work, which has been executed by the Owner and the Successful Proponent following acceptance by theOwner of the Successful Proponent’s submission and subsequent signed agreement. 7. “Contract Documents” means a form of agreement,together with the Standard Conditions, Specifications, Schedules and Appendices, if any, which constitute the entire understanding between the Township and a Proponent submitting a Proposal regarding the Work. 8. “Council”means the elected Council for the Township of Oro-Medonte. 9. “Finance Department”means the Chief Financial Officer/Treasurer or his/her designate working within the Finance Department. 10. “Formof Proposal” are the standard forms provided in the Contract Document. Proponents must complete and submit the forms contained within this section in order to provide the necessary information fortheevaluation of the submission for the purpose of entering into a Contract with the Owner in the event of award. 11. “MandatoryRequirements” means thoserequirements described in Instructions to Proponents, which shall be fully satisfied inorder for any Proposal to be Page 7 of 62 Page 183 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... considered by the Owner as compliant. 12.“May”used in this document denotes permissive. 13. “Owner” refers to The Corporation of theTownship of Oro-Medonte, as the case may be, and as identified in the Request for Proposal, and Contract Documents for the purpose of the award, execution and performance of the Contract. 14.“Proposal”or “Submission” refers to theinformation submitted by a Proponent in response to this Request for Proposal. 15. “Proponent”means the legal entity submitting a Proposal. 16.“Requestfor Proposal”or “RFP”meansthedocumentissuedby the Township and used to solicit Proposals from Proponents to provide goods, services or construction to the Township. 17. “Shall” and “Will” used in this document denotes imperative. 18. “Sub-Contractor” or “Sub-Consultant” means a legal entity approved by the Owner undertaking the execution of a part ofthe Work pursuant to an agreement with the Proponent. 19. “Successful Proponent”means the Successful Proponent(s) whose Proposal has been accepted by the Township and to whom the Contract is awarded. 20. “Supply”means to provide the necessary tools, material, equipment, and product to satisfy the Requestfor Proposalrequirements. 21. “Township” means The Corporation of the Township Of Oro-Medonte 22. “Work” means Work/serviceperformed to meet a demand to comply with the conditions of the Contract, delivery dates, specifications and technical assistance. Page 8 of 62 Page 184 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Part IProject Terms ofReference 1. Introduction The Township is a diverse and beautiful community with a central location in Ontario. With a population of 21,036 full time residents, it covers a land area of 61,000 hectares, stretching from the westerly border with Barrie, the southerly border with Lake Simcoe, the easterly border with Orillia and Severn Township and the northerly border shared with Tay and Severn Townships. The Township is comprised of a number of smaller hamlets, with Craighurst containing some components of a traditional downtown including shopping and dining. The Township’s prime location provides residents and visitors alike with the riches of rural life and the convenience of a short drive to Barrie, Orillia and the Greater Toronto Area. The Township is accessible by: Provincial Highways 11, 12 and 400 and the County of Simcoe road systems; The Lake Simcoe Regional Airport operated by the City of Barrie and the County of Simcoe, which is located in the Township; The Canadian Pacific Rail line, which passes through the Township as it travels from Toronto to Vancouver; The Lake Country Oro-Medonte Rail Trail which links the Cities of Barrie and Orillia; and Lake Simcoe. The Township of Oro-Medonte’s Council consists of a Mayor, Deputy Mayor and 5 Councillors elected per individual Wards. The Township of Oro-Medonte is comprised of 6 departments, specifically: Chief Administrative Officer’s Office (Human Resources, Environmental Services); Corporate Services (Clerk, Economic Development, Communications, Special Projects); Development Services (Planning, Building, Engineering, Municipal Law, Customer Service); Finance (Information Technology); Fire & Emergency Services; Operations & Community Services (Roads, Parks, Recreation). 2. Background Community signage has been identified as a priority from council and there is a financial allocation from the Main Street Revitalization Initiative provided through the Ontario Government. This fund is meant to support and help improve rural communities and boost overall economic well-being. With respect to Craighurst there is a desire for community gateway signage but also for business promotion to encourage people to stop and visit the community. Council is considering a multi-year commitment to an overall signage program that would include a variety of sign types throughout the municipality depending upon type of community and information requirements (wayfinding vs. identification etc). Page 9 of 62 Page 185 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Given the current financial budgetwe have available through the Main Street Revitalization Initiative we are looking to determine if this part of the project will accommodate multiple signs (entrance signs + business signs) or a combined sign in Craighurst. We are looking for a design that can be scaled for a community such as Craighurst which is a business hub for the Township of Oro-Medonte as well as other communities and hamlets throughout the municipality. See attachment “A” with map of Craighurst Documents to be provided as background materials for this project: Township of Oro-Medonte 2015-2018 Strategic Plan Official Plan – Craighurst Secondary Plan – Urban Design Guidelines Branding Guidelines (to be available Sept 2019) RTO7 Signage Guidelines and design elements (consideration for potential future projects and or funding) Examples of Current Signs in the Township Examples of other signage Township Map Map of Craighurst 3. Timeframe of Project The following is the proposed timing for this project: Release of RFP: August 16, 2019 Last day for questions, errors or omissions from proponents: August 23, 2019 RFP Closing: August 30, 2019 Evaluation of Proposal(s): Week of September 2, 2019 Presentations/Interviews (if required): September 11 & 12, 2019 Staff report to Council with recommendation to award: September 25, 2019 Award of the Contract (after Council approval): September 27, 2019 Final Designs Due Week of November 22, 2019 4. Project Requirements: The design of aunique community gateway sign into the Village of Craighurst and or the creation of a business community sign (this potentially could be incorporated into one sign with the right design). The designs must incorporate the Township of Oro-Medonte logo Creative designs that can be customized for individual communities in the Township This project will be a pilot project and a starting point for a Township wide multi-year signage project. This is phase one of the project, recognizing that there will be a second phaserequiredto put specifications in place for the othertypes and sizes of signs. Page 10 of 62 Page 186 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Design element considerations: in order to plan for the next steps in the multi-year signage plans in the Township of Oro-Medonte the designs must be able to be scaled for use in other areas of the Township. Types of future signage the Township is considering; gateway signs along provincial highways, entrance into smaller hamlets/communities, wayfinding/directional signs to township owned facilities (ie. parks, ramps, arena, halls). The Township of Oro-Medonte Branding Guidelines will be provided to the successful proponent once the project has been awarded. Signs in Craighurst could be placed at the following entry points depending on the costs for fabrication: signs along Horseshoe Valley Road as you enter into Craighurst, going both directions signs along Penetanguishene Road as you enter into Craighurst, going both directions A budget allocation of up to $55,000 has been approved for design, fabrication and installation of 2-4 community signs for the Craighurst community. 5. Deliverables a) A minimum of 4-6 designexamples to be reviewed by the committee b) Provide rationalwhy each sign design example would be ideal for the community of Craighurst and ultimately the Township c) Demonstrate how each sample can be scaledfor use across the municipality in other locations as per above considerations for signage d) Design guide for the Craighurst Community sign(s) including specification for fabrication and installation (construction and landscape drawings) As part of the process Township staff may consider doing an outreach to the community to solicit feedback. 6. Contents of Proposals The Request forProposal response submission shall include at aminimum the following information andshall besubmitted in the same format outlined: The submission contents included must be submitted in full in two (2) complete 8 ½ x 11 paper hard copies with binding, one (1) clearly marked ‘original’, one (1) clearly marked ‘copy’ and one electronic copy in a single, unrestricted PDF format on a CD or USB key: 1. Table ofContents,at the front of the submission 2. Completed Proponent Information Form Page 11 of 62 Page 187 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 3. Company Background and Relevant Experience: a) Provide an outline of your company background and experience in relationto this project; b)Provide information on similar projects, which your company has been involved with, including references; c) Describe the unique strengths that your firm can bring to the project and how these set your firm apart from others. 4. Personnel Summary: a) Provideinformation related to the qualifications and experience of the personnel who will be assigned to work directly on this project, including resumes, documentation of accreditation and/or letters of reference. 5. Work Plan and Timelines a) Providea detailedwork plan of the services to be provided, including all of the tasks, milestones and timelines. Indicate the personnel responsible for each task. The timeline schedule should have sufficient details to clearly demonstrate a full understanding of the timelines associated with the completion of the project. 6. CompletedForm of Proposal 7. CompletedSchedule II – List of References 8. CompletedConflict of InterestForm 9. CompletedAODA Declaration Form 10. Budget a) Provide a detailed budget sheet with number of hours, hourly rates and totals assigned to each individual personnel assigned to this project; b) Identify anyout ofpocket expenses & disbursements; c) Identify any sub-consultant(s) that will be used on the project and appropriately include their fees in the detailed budget sheet; d) CompletedSchedule I – Budget Page 12 of 62 Page 188 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Part IIInstructions to Proponents 1. Delivery of Proposals TheForm of Proposal, together with all supporting documentation, enclosed in an envelopebearing the name ofthe Proponentand sealed with the submission label provided herein affixed to the envelope, shall be received; date and time stamped at the Township of Oro-Medonte Admiration Office, 148 Line 7 South, Oro-Medonte, ON, L0L 2E0 no later than 3:00 p.m. (15:00 hours) local time, on the specified closing date. Proposalstimestampedafter3:00p.m.(15:00hours)are lateandshallbe deemed non-compliant and shall be returned to the Proponent unopened. Proposals delivered in person, or by a courier service, without the submission label affixed to the envelope, or Proposals that are not delivered tothe designated location by the Proponent or courier service maybe rejected. Delivery ofthe Proposals through a courier service shall be the responsibility of the Proponent and shall result in the Proposal being rejected if: a) theProposal is not delivered tothe location stated on the envelope; b) the Proposal envelope is delivered tothe Township after the specified closing date and time. All Proposals shall be irrevocable and shall remain open for acceptance,at the prices quoted, for up to ninety (90) calendar days from the closing date and time. In submitting a Proposal, each Proponentagrees that,notwithstanding anything to the contrary, the Township may notify the successful Proponent at any time within the ninety (90) calendar days that its Proposal has been accepted. The time on the Township’s Panasonic Network Telephone System at the Customer Service Representative’s desk will determine the Closing Time of the RFP. 2. Electronic Submissions Electronically transmitted submissions (facsimile,e-mail, etc.) will not be accepted for this RFP. 3. Proposal Schedule Task Date Issue of Request For Proposal August 16, 2019 Receipt of ProponentsQuestions August 23, 2019 Response toProponents Questions August 27, 2019 RFP Closing Date – include time August 30, 2019 – 3:00 pm Page 13 of 62 Page 189 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Note:Although every attempt will be made to meet all the dates, the Township reserves the right to modify any or all dates, and closing time at its sole discretion. 4. Competition Intended It is the Township’s intentthat this Requestfor Proposal (RFP) permit competition. It shall be the Proponents responsibility to advise the Coordinator, Economic Development & Communications, in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received no later than seven (7) calendar days prior to the date set for RFP closing date and time. 5. Inquiries All inquiries concerning this Proposal,including specifications, process and results are to be directed in writing (e-mail) through: Corporate Services; jwhitley@oro-medonte.ca Inquiriesshall not be directedto any other Township employee. No clarification requests will be accepted by telephone. Atranscript of thequestions and answers will be made available, via the method authorized for advertising the RFP, on or before the date as listed in this document. Questions or clarification will be answered individually in writing in a transcript, but response(s) to any question that modified the scope of this document will be issued as an Addendum and circulated via the method authorized for advertising the RFP. 6. Addendum/Addenda Addendum/Addenda if required will be issued by the Corporate Services and shall hereby form part and parcel of the Contract Documents. Failure to acknowledge Addendum/Addenda issued mayresult in a non-compliantsubmission. All Addendum/Addenda should be issued to the Proponents forty-eight (48) hours prior to theClosing date and time. It isthe responsibility ofthe Proponent to ensure they have received all Addendum/Addenda that have been issued. The Townshipof Oro-Medonte will assume no responsibility for oral instructions or suggestions. Prior to submitting their Proposal, Proponents should check the Township’s website (www.oro-medonte.ca) to verify they have received all Addenda. 7. Site Meeting Asite meeting is not required for this RFP. Page 14 of 62 Page 190 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 8. Mandatory Proposal Requirements Failure to adhereto the following Mandatory ProposalRequirements shall result in the Proposal being declared a non-compliant Proposal: i.Proposalsshallbe receivedin asealedenvelope, asset outin theRFP,by the Owner prior to the stated Closing date and time; ii.Proposalsshall be submitted completeandin the original Form of Proposal, as supplied, without any unauthorized alterations, additions, deletions or qualifying statements made to or provided with the Form of Proposal. iii.TheForm ofProposalshallbe ‘original’with an‘original’ signature(s)that is signed in the spaces provided by a duly authorized official of the Proponent; iv. BidSecurity and/or Contract Security, Surety Consent Form or Letter of Credit or Certified Cheque issued by or to be drawn against an Ontario based Surety Company and/or Canadian chartered bank shall be submitted with the Form of Proposal and shall reflect the correct amount (if applicable); v. TheProponent shall attend all mandatory site meetings, if applicable; and vi. The Proponent shall be previously qualified, under a related pre-qualification process, if applicable. If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal is to be coordinated and submitted by one (1) Proponent, who shall be identified as the “Lead Proponent” and shall take full responsibility for all associated Proponents. Signatures on behalf of a non-incorporated body or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal shall be affixed to the Form of Proposal adjacent to the authorized signature. 9. Checking of Proposals Proposals openedare checked by Corporate Services to ensure that: i. the required Bid security is provided and properly executed, if applicable; ii. all Proposals submitted comply with the Mandatory Proposals Requirements; iii.all arithmetic extension calculations are correct; iv. where there is an obvious error in extensions, additions or computations, the Township shall be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Proponent, and shall be used as the basis for comparison of Bids. For greater Page 15 of 62 Page 191 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... certainty, any failure by a Proponent to insert a unit price where required shall be deemed to be a $ “0” value; v. all items as specified have been bid on; vi. all strikeouts, erasures or overwrites are initialed by an authorized person; vii. no claims or litigation proceedings have been instituted by the Proponent against the Township, or in turn by the Townshipagainst the Proponent; and viii.alladdenda have been acknowledged on theForm of Proposal inthe space provided. In any of the above circumstances where there are obvious or patent errors such as misplaced decimals, the Owner shall consider the intent of the Proponent. 10. Late Submission Proposals received after the closing date and time will not be considered during the selection process and will be returned unopened to the respective Proponent. 11. Proposal Opening Proponents are advised there will not be a public opening for thisRequest for Proposal. Proposals received, by the date &time of closing, will be opened administratively by respective members of the Corporation and/or the Evaluation Team, at a time subsequent to theclosing. 12. Amendment of Proposals Proponents who have submitted a Proposal may amend it up to the Closing Date and Time by submitting a replacement Proposal. Amended Proposals must be sealed and submitted in accordance with all other requirements included in this document. The amended Proposal will clearly be marked “Amended” and should clearly indicate that it replaces any other submitted version. In the case of a discrepancy, the Township will deem the last Proposal received prior to the Closing Time, to be the valid Proposal. 13. Right to Accept or Reject Proposal The Corporation of the Township of Oro-Medonte reservesthe right to accept any Proposal,in wholeor in part, that it feelsmost fully meets the selection criteria. Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted as per The Township of Oro-Medonte’s Purchasing and Tendering Procedures By-law 2004-112, as amended. Township staff shall evaluate all Proposals received by the Closing Date and make evaluations and recommendations for acceptance. 14. Proposal Evaluation Page 16 of 62 Page 192 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... An Evaluation Committee will evaluate eachof the Proposals received in accordance with the evaluation criteria as set out in the RFP Document. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Proponent, and to waive irregularities and omissions if, in doing so, the best interest of The Township will be served. 15.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. Selection of a Proposal will be based on, but not solely limited to, the following criteria and weighting: ItemEvaluation Criteria Points 1 Qualityand Completeness of Proposal 15 Company Background and Relevant 2 20 Experience 3 Budget 20 Work Plan and Timelines 4 20 5 Personnel Summary 10 6 Client References 15 Total Available Points Stage 1 100 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 may be considered for an interview.Note: Only teams that havecompleted work of a similar nature for municipalities, since January, 2008, will be considered. Proposals will be evaluated on the basis of the following criteria. Each of the criteria will be scored 1 through 5 with 5 being the best score. Each criteria is assigned a weighting factor that represents the significance relative to other criteria. The scores for the criteria will be multiplied by the weighting factor assigned and the results will be totaled out of 100. Page 17 of 62 Page 193 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Criteria: Note: Refer to the Form of Proposal for specifics relating to content requirements of the Proposal. 1. Quality and Completeness of Proposal: 1 2 3 4 5 /15 Priority Factor: 3X 2. Company Background and Relevant Experience: 1 2 3 4 5 /20 Priority Factor: 4X 3. Budget: 1 2 3 4 5 /20 Priority Factor: 4X 4. Work Plan and Timelines:1 2 3 4 5 /20 Priority Factor: 4X 5. Personnel Summary: 1 2 3 4 5 /10 Priority Factor: 2X 6. Client References: 1 2 3 4 5 /15 Priority Factor: 3X Total Score ______________________ out of 100 Proposal evaluation results are the property of the Township. 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 based on the evaluation results. By responding to this RFP, Proponents agree to accept the recommendations of the Evaluation Committee as final and binding. 16. Negotiations The Township may award the contract on the basis of the proposals received, without discussion. Each proposal should therefore contain the Proponent’s best terms and complete detailed information. The Township reserves the right to enter in to negotiations with any selected Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a successful agreement, the Township may terminate the negotiations and begin negotiations with the next selected Proponent(s). This process will continue until an agreement has been executed or all of the Proponent(s) have been rejected. No Proponent shall have rights against the Township arising from negotiations. 17. Presentation & Interview The Township reserves the rightto interview any or all of the Proponents that submit a Page 18 of 62 Page 194 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Proposal to provide the Evaluation Committeewith additional insight into the Proponent’s ability to meet the requirementsas requested in the RFP. If required, the interviews would be conducted by representatives of the Evaluation Committee at the Township of Oro-Medonte Administration Centre and shall follow this general format: a.Introductionof Proponent’s ProjectTeam (5 minutes) b.ProponentPresentation ofthe Proposal(15 minutes) c. Questions from Evaluation Committee (15 minutes) d. Questions from Proponents (5 minutes) Proponents willbe notifiedof thefinal formatfor interviews/presentationsin advance. 18. Award Determination Consideration for award shall onlybe undertakenin relation to Proponents who are determined by the Township to have satisfied all the requirements. The Evaluation Committee hereby reserves the right, privilege, entitlement and absolute discretion, and for any reason whatsoever to: i. Recommend acceptance of a Proposal which is not the lowest Proposal submission, or recommend rejection of a Proposal that is the lowest Proposal even if it isthe only Proposal received; ii. Recommend acceptance oftheProposal deemedmost favourable to address the scope of work. iii.Recommend acceptance or rejection ofany and all Proposals, whether in whole or in part; iv. Recommend acceptance or rejection ofany unbalanced, irregular, or informal Proposals; or v. Recommend rejection of any Proponent who is involved in litigation with the Township. The Evaluation Committeereserves the right to consider, during the evaluation of Proposals: vi. Informationprovided inthe Proposal itself; vii.Informationprovided inresponse toenquiries ofcredit, experience and industry referencesset outin the Proposal; viii. Information received in response to enquiries made by the Owner of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; Page 19 of 62 Page 195 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... ix. The manner in which theProponentprovides services to others; x. The experience and qualification of the Proponent’s senior management, and project management; xi. The compliance of the Proponent with the Owner’s requirements and specifications; or xii.The Proponent acknowledges that the Ownermay rely upon the criteria, which the Owner deems relevant; eventhough such criteria may not have been disclosed to the Proponent. By submitting a Proposal, the Proponent acknowledges the Owner’s rights under this section and absolutely waives any right, or cause of action against the Owner, by reason of the Owner’s failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in Project, negligence, or otherwise. 19. Execution of Award The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven (7) calendar days of written notification of acceptance. The following completed documents, as listed, shall be submitted prior to or at the time of signing: a) Agreement signed and sealed in triplicate; b) Contract Security, if applicable; c) current Insurance Certificate; d) a currentcopy ofthe Workplace Safety and Insurance Board Certificate of Clearance; e) Payment Information, if applicable; f) AODA Declaration Form and; g) Any other documentation requested within this RFP. 20. Order of Precedence The SuccessfulProponentunderstands that the Contract shall consist of the following documents, ranked in order of priority, from highest to lowest: a. The duly signed Agreement preceding the Schedules; b. Township’s Change Orders (including any purchase orders issued for these Change Orders); c. the Schedules of the Agreement; d. any addenda to the RFP; e.the RFP Document; f. any modifications to the Proposal acceptable to the Township, in its sole discretion; and g. the Proposal submitted by the Proponent. Page 20 of 62 Page 196 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... The Contractshall constitute the entire agreement between the parties pertaining to the subject matter of this RFP and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the parties or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated above. TheTownshipreservestherighttoincludeadditionaltermsandconditionsduringthe process of Contract negotiations. These terms and conditions shallbewithin the scope of the originalRFPand Contract documents and will be limited to cost, clarification, definition and administrative and legal requirements. 21.Alternative Dispute Resolution. (a) If requested in writing by either the Township or the Proponent,the Township and the Proponent shall attempt to resolve any disputebetween themarisingout of or in connection with this Contract by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of ninety (90) calendar days with the mediator, the dispute shall be referred toand finally resolved by arbitration under the rules of the province having jurisdiction or by an arbitrator appointed by the agreement of the parties. (b) No person shallbe appointed to act as mediatoror arbitrator who is in any way interested, financially or otherwise,in theconduct of the work on the project or in the business or other affairs of either the Township or the Proponent. (c) The award of the arbitrator, including an award for costs if applicable, shall be final and binding upon the parties. (d)Theprovisionsofthe ArbitrationAct, 1991,S.O.1991,Chapter 17,as amended shall apply. 22. Contract Additions & Deletions The Township reserves the right to add and/or delete any item(s) from the Contract. Deletions will not resultin any penaltyin any form. 23. ProponentQualifications Qualified Proponents are those which: havesufficient facilities andresources to meet the Township’s needs; will provide all of the Township’s Key Service Requirements; demonstrate reasonable flexibility and willingness to work with the Township as a business partner; Page 21 of 62 Page 197 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... have experience with clients requiring services of a similar scope and complexity as theTownship of Oro-Medonte and provide contact details for these clients. 24. Proponent's Statement of Understanding Itis understood that Proponents have carefully examined all of the Contract Documents and have carefully examined the Work to be performed under the Contract if awarded. The Proponent also understands and accepts the said Contract Documents, and for the prices set forth in the Proposal to be firm for the length of the project. 25. Term of Contract The term of contract willbecome effective upon award to the successful Proponent(s) and shall remain in effect for the entire period of the work. 26. Irrevocability of Proposals By submission of a clear and detailed writtennotice, the Proponent may amend or withdraw its Proposal prior to the closing time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees thatshould its Proposal be deemed successful the Proponent will enter into a Contract with the Township. 27. Errors and Omissions Nooral interpretation shall be effective to modify any provisions of the Contract Documents. Any modification or clarification shall be by written Addendum. The Addendum(s) shall form part of the Contract Documents. 28. Proponents Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Township, if any. If the Township elects to reject all Proposals, the Township will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipatedprofit in connection with any final Contract, or any other matter whatsoever. 29. Changes to Proposal Wording The Proponent will notchange the wording of its Proposal after closingand no words or comments will be added to the Proposal unless requested by the Townshipfor purposesofclarification. 30. Price Components All prices will be quoted in Canadian Funds. Prices must be expressed in accordance with the unit of measure specified in the document. Page 22 of 62 Page 198 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Prices documented shall be net prices including transportation and delivery charges fully prepaid by the Proponent to any specified destination within the limits of the Township, unless a breakdown is requested on the Schedule I Budget. The Township reserves the right tocorrect patent computational or other mathematical errors evident on the face of the bid; however, unit prices will not be adjusted. 31. Freedom of Information All Proposals submitted to the Owner become the property of the Owner and as such, are subject to the Municipal Freedom of Information and Protection ofPrivacyAct (“MFIPPA”). All correspondence, documentationand informationprovided to staff of the Township by any Proponent in connection with, or arising out of this RFP, and the submission of any Proposal will become the property of the Township and as such is subject to MFIPPA, and may be released, pursuant to the Act. The Proponent’s name at a minimum shall be made public upon request. In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Any information in the Proponent’s submissions that is not specifically identified as confidential will be treated as public information. All correspondence, documentation and information provided to the Evaluation Committee may be reproduced for the purposes of evaluating the Proponent’s submissionsto this RFP. 32. Bribery/Fraud Should any prospective Proponents or any of their agents give or offer any gratuity or to attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at liberty to cancel the prospective Proponent’s Proposal and to rely upon the Bid Security submitted for compensation, if applicable. 33. Cancellation i. In the event the Successful Proponentdoes not comply with the specifications, terms and conditions, and scope of work, at any time throughout the duration of the Contract, the Contract shall be cancelled in accordance with the terms contained herein. ii. The Owner upon non-performance of Contract terms may cancel the Contract; however, in doing so, the Owner does not waive its right to rely upon any obligations or commitments agreed to by the Proponent as part of their Proposal. The Proponent remains liable for the difference between the next acceptable Proposal of goods and/or service Proposal prices. iii. Wherethere is a question of non-performance, payment in whole or in part may be withheld at the discretion of the Owner. This action shall not prevent the Owner from Page 23 of 62 Page 199 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... taking early payment discounts otherwise applicable. 34. Insurance The successful Proponent shall maintain and pay for Commercial General Liability Insurance with an insurer acceptable to the Owner. The coverage shall include premises and all operations liability to be performed by the Proponent. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. i. The CGL policyshall include The Corporation of the Township of Oro- Medonteas an additional insured in respect to all operations performed by or on behalf of the Successful Proponent. ii.TheSuccessfulProponentshallbeentirelyresponsible forthecostofany deductible, which is maintained in any insurance document. iii.The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Owner. In addition, Professional LiabilityInsurance is required, in an amount of not less than Two Million Dollars ($2,000,000) inclusive per claim. All required insurance would be endorsed to provide the Township within 30 days advance written notice of cancellation or material change. The Service provider will provide the Township with evidence of the required insurance, in the form of a completed Certificate ofInsurance, immediately following execution and delivery of the Contract. Where applicable the successful Proponent 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 leasedvehicles, used by the Successful Proponent, its employees or agents. The limits of the liability for both owned and non-owned vehicles shall not be less than Two Million Dollars ($2,000.000.00) per occurrence. 35.Workplace Safetyand Insurance Board (WSIB) The successful Proponent shall be requiredto supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the Contract and thereafter upon request during the life of the Contract indicating that all of the assessments the successful Proponent or any sub-consultant is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and they are in good standing with the Board. Effective January1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub- Contractors, categorized under Class G: Construction,shallhave aWSIBaccount and clearance coverage prior to commencing any Contract. Alternatively, if the Successful Proponent is an Independent Operator and is not Page 24 of 62 Page 200 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... categorized under Class G:Construction, the Successful Proponent must submit a letter from the WSIB, confirming that s/he has Independent Operator Statusunderthe WSIBAct.Ifthe Successful Proponent does not have Independent Operator Status, the Successful Proponent shall; I.CompleteanIndependentOperatorStatusQuestionnaireuponbeing awarded the Contract; and, II. fund all costsassociated with any appeal ofadetermination by WSIB that the proponent/contractor is not an Independent Operator; and, III. provide proof of Employer’s Liability Insurancein an amount not less than two million dollars ($2,000,000) per occurrence (provided either by WSIB or the successful Proponent’s insuranceprovider). The Successful Proponent acknowledges and agrees that the Township is not hiring an employee(s) to perform the work associated with this RFP. As such, the Township reserves the right to terminate all Contracts associated with this RFP if all appeals have been exhausted and the Successful Proponent is determined by WSIB or court or tribunal of competent jurisdiction to be an employee. 36. Regulation Compliance and Legislation The Successful Proponent shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation, including but not limited to: the Occupational Health and SafetyAct and its regulations; the Workplace Safety & Insurance Act and itsregulations; the Municipal Actand its regulations; 37. Laws ofOntario Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of Ontario. 38.Indemnification The Successful Proponent shall indemnifyand save harmless the Owner, its Agentsand employees from and against any and all liability whatsoever for losses, liens, charges, claims,demands,payments,suits,actions, recoveries and judgments (including legal fees and expenses) of everynature and description broughtor recovered against either the Owner, its Agents and employees, or the Successful Proponent by reason of a negligent act, error or omission of the Successful Proponent, its Agents, employee or licensees in providing the services, including, without limiting the generality of the property, injury or the death of any persons, alleged forgoing, loss or damage to copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. 39. Force Majeure Page 25 of 62 Page 201 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Neitherparty shall be responsible for any delay or failure to perform its obligations under the Contract where such delay or failure is due to fire, flood, explosion, war, embargo, Governmental action,Actof Public Authority, Act of God, or toany other cause beyond its control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to preform shall give prompt notice to the other party and shall take all reasonable steps toeliminate the cause. Should the Force Majeure event last for longer than 30 calendar days, the Owner may terminate this Contract by notice to the successful Proponent without further liability, expenseorcost of any kind. 40. Severability Should any term or portion of this Contract be found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable. 41. Termination of Contract The Owner may terminate this contractat any time without penalty upon giving written notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to deliver the service as required, the Proponent’s performance of the service is persistently faulty or below the required standard, or, the Proponent becomes insolvent or commits an act of bankruptcy. 42. Termination by Notice The Owner may terminate this contract at any time upon notice to the Proponent, whereupon the Owner shall only be liable for any Proponents fees and expenses for satisfactorily completed work up tothe date of the termination and not thereafter. 43. Termination for Cause The Ownerreservesthe right in itssole discretion to terminate this contract, in whole or in part, at any time, without penalty, expense or further liability of any kind: a. Atanytime, uponnotice to the Proponent, for a major breach of the terms of this Contract by the Proponent; b. At any time,uponnotice to the Proponent,following the failure of the Proponent to satisfactorily remedy, repair or replace any defector or deficiency in the Proponent’s performance of the Contract, after having been given notice to do so by the Owner; c. At any time if the Proponent makes an assignment for the benefit of its creditors, a proposal of compromise with its creditors, a declaration of its voluntary bankruptcy or insolvency, a placing or its cessation or winding up of its business, in whole or in part; Page 26 of 62 Page 202 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... d. At any time ifa Force Majeure event preventing performance of the Contract by either party continues for longer than thirty (30) consecutive days; or e.Asotherwiseprovided inthis Contract. The Owner’s rights of termination shall be in addition toany other rights or remedies it may have in law, in equity or under this Contract. 44. Suspension of Work The Owner may in its sole discretion at any time upon notice to the Proponent in writing suspend the performance of the Work, in whole or in part, for a specified or unspecified time. Upon receiving notice of the suspension, the Proponent shall immediately suspend all operations concerning that identified portion of the Work except such Work as is necessary in the opinion of the Owner to care for, preserveandprotect the Work. During the period of suspension, the Proponent shall only be entitled to be reimbursed for its reasonable, proper and actual expenses in caring for, preserving and protecting the Work. Should the period of suspension of the Work, in whole or in part, last longer than thirty (30) calendar days orsuch longer period as the parties may agree upon inwriting, either party to the contract may consider the contract to be terminated by mutual agreement without further liability. 45. Suspension in Future Inthe event the Proponent fails to provide quality service, equipment or personnel, as determined by the Owner in its Sole discretion, the Proponent may be deemed ineligible for similarwork infuture competitionsfor contractsissued by the Owner. 46.Failure to Complywith Owner Decisions Ifthe Proponent fails to comply with any decision or direction of the Owner made pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such methods as the Ownerdeems advisable to do that which the Proponent failed to do, at the Proponent’s cost and expense. The Proponent shall be liable for and shall upon demand pay to the Owner an amount equal to the aggregate ofall costs,expensesand damages including the cost of any methods the Owner employed by reason of the Proponent’s failure to comply as above. 47. Evaluation of Performance At project completion, the Township will conduct an evaluation of the Proponents overall performance with input from the Township’s Inspectors or consultants if applicable. This evaluation will be reviewed with the Proponent and recommendations will be put forward Page 27 of 62 Page 203 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... asto the Successful Proponent’s overall suitability of future Township of Oro-Medonte work. It must also be noted that while overall performance is being evaluated, the Township reserves the right to suspend a Proponent for extreme or repeated inadequate grades on any issues related to health and safety, specifically items public safety and traffic control, compliance with all WSIB provisions, maintenance of employee safety standards, compliance Ministry of Labour regulations. The evaluation shall be placed on file and a copy will be provided to the Proponent. This information may be made available to persons requesting Owner references for the Contract. The Proponent hereby authorizes the maintenance and release of this information. 48. Time is of the Essence The Owner shall have the rightto cancel at any time anyproject or any part of any project resulting from this RFP in respect to the goods, materials, articles, equipment, work or services, covered thereby, not delivered or performed by the specified time in the written document, without incurring any liability whatsoever in respect hereto. “Time is of the essence”. 49. Safety Standards Itis the responsibility of the Successful Proponent to Work in a safe andorderly manner so as not to constitute any safety hazards. 50. Non-Waiver Nocondoning, excusing or overlooking by the Owner of any default, breach or non- observance by the Successful Proponent at any time or times in respect of anyprovision 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 Successful Proponent shall not relieve the Successful Proponent of his/her obligations to do that Work. 51. Non-Assignment The Successful Proponent may not assign this Contract nor any Work to be performed under this Contract or any part hereof without the prior written consent of the Owner. Such written consent however shall not under any circumstances relieve the Successful Proponent of his/herliabilities and obligations under this Contract and shall be within the sole and unfettered discretion of the Owner. 52. Emergency Telephone Number Prior to commencing, the Work, the SuccessfulProponent shallprovidethe Owner with the name(s) and telephone number(s) of his/her representative(s) who can be contacted Page 28 of 62 Page 204 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... on a 24-hour basis in case of an emergency during the term of the Contract. 53. Personal Property SecurityAct The Successful Proponent warrants that the goods/inventory/equipment being supplied to the Owner, are free and clear of all liens, charges, encumbrances, mortgages, hypothecations, copyright, patents or any third party statutory claims. 54.Confidentialityof Information Proponents receiving this RFP maynot use, disclose, orduplicate it for any purpose other than to prepare a response.Proponents shall keep the Township data confidential and shall not disclose its content to any other party, other than to those internal employeesor agentsresponsibleforpreparinga submission, withoutthe prior written approval of the Township. Receipt of this RFP does not entitle the Proponent to associate its services with the Township in any way, nor represents in any way that the Township has employed or endorsed the Proponent’s services. Any such association or endorsement being contemplated by the Proponent must receive the prior written approval of the Township. The Township will not disclose or share a Proponent's responseto this RFP with other Proponents or other organizations. The submission ofa Proposal indicates acceptance by theProponent of all of the conditions contained in this Request for Proposal unless clearly and specifically noted in the Proposal submitted and confirmed in the formal Contract between the Township and the Successful Proponent. Deviations from the Request for Proposal must be clearly identified in the written submission. Proposals are subject to a formal Contract being negotiated, prepared and executed. The Township reserves the right to negotiate the terms and conditions of the Contract. 55. Conflictsof Interest Proponents(s) shall disclose, in their submission, all perceived, potential, and actual Conflicts of Interest. For the purposes of this RFP, “Conflict ofInterest” includes: any situation or circumstances where, in relation to this RFP and/or the Contract, the Proponent(s) other commitments, relationships or financial interests could or could be perceived to exercise an improper influence over the objective, unbiased and impartial exercise of independent judgment by any personnel of the Evaluation Committee or the Township; any situation or circumstances where any person(s) employed by the Township in any capacity; has a direct or indirect financial interest in the award of the Contract to any Proposal(s); Page 29 of 62 Page 205 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... is currently employed by, or is asub-contractor or aconsultant to a Proponent(s); is negotiating or has an arrangement concerning future employment or contracting with any Proponent(s); has an ownership interest in,or is an officer or director of, any Proponent(s). Ifa Proponent(s) discovers, at anytime, any perceived, potential, or actual Conflicts of Interest, the Proponent(s) shall promptly disclose the Conflict of Interestbysendinga writtenstatement clearlyidentifying the conflict to the CAO’s Office (Corporate & Strategic Initiatives). Failure of any Proponent(s) to comply with this section may result in the disqualification of the Proponent(s) and the rejection of its submission. Without limiting the generality of the Township’s rights, theTownship may, in its sole discretion: exclude any Proponents(s)and its submission on the grounds of Conflict of Interest; waive anyand all perceived, potentialoractual Conflicts of Interest upon such terms and conditions as the Township, in its sole discretion, requires to satisfy itself that theConflict of Interesthasbeen appropriately managed, mitigated and minimized. In the event any Proponent(s)is found tobe in a potential Conflict of Interestduringthe term of the Contract, the Proponent shall disclose the said conflict immediately. The Township reserves the right to request any Proponent(s) cure the conflict to the Township’s complete satisfaction. Failure to cure the conflict shall result in disentitlement to any compensation under this Contract. 56. Township Not Employer The Proponent agreesthatThe Corporation of the Township of Oro-Medonte is not to be understood as the employer to any Successful Proponent nor to such Successful Proponent’s personnel or staff for any work, services, or supply of any products or materialsthatmaybe awardedasaresult ofthisRFP.It is understoodthat the Successful Proponent will act as an independent contractor. 57. Township of Oro-Medonte’s Purchasing and Tendering Procedures By-Law No. 2004-112, as amended Itis the responsibility of all Proponents tobecome familiar with and comply with The Page 30 of 62 Page 206 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Township ofOro-Medonte’s Purchasing and Tendering Procedures By-law.The Township’s Purchasing and Tendering Procedures By-law can be found on Township’s website: www.oro-medonte.ca 58. Working Language Theworkinglanguage ofthe TownshipofOro-MedonteisEnglish andall responsesto this Request for Proposal must be English. 59. Intellectual Property All information and data, in any form,together with all designs or materials capable of intellectual property protection, prepared, developed or created by the Proponent, its employees or agents during the performance of and/or pursuant to thisworkshall automatically become the property of the Township. Proponents and their employees and agents each agree to sign whatever documentation may be necessary togivefull force and effect to this paragraph. 60. Accessibility In accordancewith Ontario Regulation 429/07, Accessibility Standards for Customer Service Section 6,every providerofgoods and services shall ensure that everyperson who deals with members of the public or participates in the developing of the service provider’s policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 1. How to interact and communicate with persons with various types of disability 2. How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person 3. How to use assistive device equipment that is available on the premises thatmay help inthe provision of accessible goods or services 4.Whattodoif apersonwitha particulartypeofdisability ishaving difficulty accessing the provider's goods or services 5. Information on the policies, practices and procedures governing the provision of goods and services to peoplewith disabilities. Contractedemployees, third party employees, agents and others thatprovide servicesto the public on behalf of the Township of Oro-Medonte must meet the requirements of OntarioRegulation 429/07with regard to training under the Accessibility for Ontarians with Disabilities Act (AODA). A document describing your training policy or procedure, a sample copy of training and details of training dates and attendees may be required to be submitted to the Township prior to the commencement of any work. Page 31 of 62 Page 207 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 61. Township of Oro-Medonte Payment Terms The Township payment terms are30days from receipt of Invoice. Harmonized Sales Tax (HST) is an extra and shall beidentified separately in the Contract Documents and on all invoices. Page 32 of 62 Page 208 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... PartIIIFormofProposal FormofProposal Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON L0L 2E0 RFP#: CS 2019-01 Community & Gateway Signage Design Documents to Be Enclosed with This Form of Proposal Complete Contents of Proposal Proponents Information Form Signed & Sealed Schedule II - List of References Conflict of Interest Form AODA Declaration Budget Upon Award W.S.I.B Certificate (upon award) Certificate of Insurance (upon award) Other information to be included Page 33 of 62 Page 209 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Proponents Information Form Proponents must complete this form and include with their Submission. Please ensure all information is legible. 1. Company Name 2. Proponent’s Main Contact Individual 3. Address (include postal address) 4. Office Phone # 5. Toll Free # 6. Cellular # 7. Pager # 8. Fax # 9. e-mailaddress 10. Website 11. HST Account # 12. Will you accept payment by YES:NO: Visa? Acknowledgement of Receipt of Addenda This will acknowledge receipt of the following addenda and, that the pricing quoted includes the provision set out in such addenda Addendum #Date Received # # Check here if no Addendum received. Page 34 of 62 Page 210 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Conflict ofInterest Prior tocompleting this portion of the Form of Proposal, Proponents(s) should refer to the definition of Conflict of Interest set out in the RFP. Check the box that applies: TheProponent(s) declares that there is not an actual or potential Conflict of InterestrelatingtothepreparationofitsProposaland/ortheProponent(s)donot foresee an actual or potential Conflict of Interest in performing the services required under the Contract. TheProponent(s)declares thatthere is an actual orpotential Conflict of InterestrelatingtothepreparationofitsProposal,and/ortheProponent(s)foresees an actual or potential Conflict of Interest in performing the services required under the Contract. If the Proponent(s) declares an actual or potential Conflict of Interest by marking the box above, the Proponent(s) must set out below details of the actual or potential Conflict ofInterest: The Proponent(s)agrees that, upon request, the Proponent(s) shall provide the Township with additional information on the Conflict of Interest. Page 35 of 62 Page 211 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... To The Corporation of the Township of Oro-Medonte, hereafter called the "Owner": I/We the undersigned declare: 1. That I/We represent that no person, firmor organization, other than the Proponent,has anyinterest in this Proposal orin theproposed Contract forwhich said Proposal is made. 2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of Interestrelatingtothe preparationofthis Proposaland/orI/We donot foreseean actual or potential Conflict of Interest in performing the services required under the Contract, unless otherwise declared. 3. That this Proposal is made without any connections, knowledge, comparisonof figures or arrangements with any other company, firm or person making a Proposal for the same Work and is in all respects fair and without collusion or fraud. 4. I/We represent that no member of the 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 Proposal, or in the supplies, Work or business in connection with the said Proposal, or 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. ThatI/Wedoherebyproposeandoffertoenterintoanagreementtosupplyand deliver all materials mentioned and described or implied therein including in every case freight, duty, currency exchange, H.S.T. in effect on the date of the acceptance of Proposal, 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 additions oralterations toor deductionsfrom the said Proposal, if any, shall be made in accordance with thepricesstated in Provisional Items of the Schedule of Unit prices in strict conformity with the requirements of the Proposal and all unused monies in Provisional Items shall be deducted from the final cost of the Work and any quantities exceeding those shown shall be added. 8. That this Proposal is irrevocable and opento acceptance untilthe formal Proposal is executed by the awarded Proponent for the said Work or Ninety (90) Calendar Days, and prices for as long as stated elsewhere in the document, whichever Page 36 of 62 Page 212 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... event first occurs and thatthe Owner may atany time within that period without notice, accept this Proposal whether any other Proposal has been previously accepted or not. 9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the entire agreement between the parties and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the Proponent and the Owner or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated in Order of Precedence in this RFP. 10.That if the Proposal is accepted, I/We agree to furnish all documentation, security and certifications as required by the Proposal and to execute the agreement in triplicate within seven (7) calendar days after notification of award. If I/We fail to do so, the Owner may accept the next highest ranked or any Proposal or to advertise for new Proposals, or to carry out completion of the works in any other way they deem best and I/We also agree to pay to the Owner the difference between this Proposal and any greater sum which the Owner may expend or incur by reason of such default or failure or by reason of such action as aforesaid on their part, including the cost of any advertisement for new Proposals, and shall indemnify and save harmless the Owner and their officers from all loss, damage, cost, charges and expense which they may suffer or be put to by reason of any such default or failure on my/our part. 11.That I/We agree to save the Owner, its agents,or employees, harmless from liability of anykind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of theProposal of which the Proponent is not the patentee, assignee, or licensee. 12. I/We hereby accept and agree that the Total Proposed Price (including HST) as stated in the Form of Proposal will form an integral part of this contract. 13. TheProponent hereby accepts and agrees that the Addenda referred to in this document form an integral part of this contract. Page 37 of 62 Page 213 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Theundersigned affirms that he/sheis dulyauthorized to executethis Proposal. Proponent's Signature and Seal: (I have authority to bind the company) Position: Witness: (If not under seal) Position: (If Corporate Sealis not available, documentation shall be witnessed) Datedatthe (City/Township) This day of 2019. Page 38 of 62 Page 214 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Schedule I –Budget Community & Gateway Signage Design The Total Proposed Pricing shall beall inclusive, including but notlimited to, mileage, disbursements, andtravel time. Description Lump Sum Fee All works as described within the RFP document $ Subtotal $ HST $ Total Proposed Pricing $ The Total Proposed Price (excluding HST): Dollars ($ ), in lawful money of Canada. Inserted price inwords take precedence over numeric Page 39 of 62 Page 215 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Page 40 of 62 Page 216 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Schedule II -List of References The Proponent shall provide below three (3) separate references other than the Township, havingpurchased a similar size and design of goods and/or services as specified herein foraprevious five (5)yearperiod fromthe issuance ofthis document. Project Name: Companyfor whom the work was completed: On theprojectdid yourfirm act as: Prime Consultant Sub Consultant Valueof your portion of the project? Date of Completion of this project? Contact Name at the owner’s facility: Contact’s Email Address: Telephone Number with Area Code: Fax Number withArea Code: Project Name: Companyfor whom the work was completed: On the project did your firm act as: Prime Consultant Sub Consultant Valueof your portion of the project? Date of Completion of this project? Contact Name at the owner’s facility: Contact’s Email Address: Telephone Number with Area Code: Fax Number withArea Code: Project Name: Companyfor whom the work was completed: On theprojectdid yourfirm act as: Prime Consultant Sub Consultant Valueof your portion of the project? Date of Completion of this project? Contact Name at the owner’s facility: Contact’s Email Address: Telephone Number with Area Code: Fax Number withArea Code: Page 41 of 62 Page 217 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Reference Release Form I(authorized signatory for the Proponent) authorizethe Township to contactthe personand/or organization listed on the List of References, for the purpose of obtaining information relating to the Proponent and Project. TheTownshipreservesthe right tocall referencesif in itssole discretionfinds a need to do so. The Township reserves the right to check other references other than listed herein. If the Township is unable to obtain a satisfactory reference or if the reference does not respond to the reference call or if the reference chooses not to comment, the reference will be deemed unsatisfactory. Page 42 of 62 Page 218 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... PartIVAgreement Draft –Amended Upon Award Terms and Conditions of Professional Services Agreement (Short Form) This Agreement made this dayof 2019. Between The Corporation ofthe Township ofOro-Medonte hereinafter called the “Owner”, And hereinafter called the “Proponent” Whereas the Owner hasawarded to the Proponent the Proposal for; RFP # CS 2019-01 Community & Gateway Signage Design Accordingto the terms and conditions herein referred to, the Proponent having put in a Proposal therefore, a copy of which is hereto annexed, which Proposal was accepted by the “Owner” on the; day of 2019. Scope of Work 1. The Corporation of the Township of Oro-Medonte (“Township”) hereby retains the Consultant to provide the Services as specified below andin the Township’s Request for Proposal document (“RFP”) under the general guidance and direction of the Township: The Proponent shall provide the Township with Designs for Community & Gateway Signs for Craighurst as detailed in objectives sections 4 & 5 of RFP # CS 2019-01. 2. TheProponent agreesto supply,atits sole cost and expense, all staff, equipment and technical assistance necessary to perform the Services as stipulated herein. Contract Documents and Order of Precedence 1. The Professional Services Agreement (“Agreement”) shall consist of the RFP, the Proponent’s Proposal and these Terms and Conditions. In the event of conflicts or inconsistencies between these documents, the terms of these Terms and Conditions shall prevail over the RFP and the Proposal, and the terms of the RFP shall prevail over the Proposal. Page 43 of 62 Page 219 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Fees andDisbursements 1. TheTownshipshallpay totheProponentas fullpayment and compensationfor the Services anamount not to exceed the upset limit of the Total Proposed Pricing by the Township, including all disbursements but excluding the harmonized sales tax. No payment in excess of this amount shall be made without the Township’s prior written authorization. 2. DuringthetermoftheAgreement, the pricesquoted by the Proponentare not subject to change without the prior writtenconsent of the Township and the Proponent shall not be entitled to any increases in the upset limit or to the prices for any of the individual items. 3.Providedthat theConsultantisnot in defaultof itsobligations underthe Agreement, and provided that the Township does not dispute the invoice submitted by the Consultant, the Township shall pay each invoice submitted within thirty (30) days of receipt. The Consultant shall not be entitled to any interest upon any payments made by the Township beyond the 30-day period. Workplace Safety and Insurance Board (WSIB) 1. The Consultant must be in good standingwith the Workplace Safety and Insurance Board and shall furnish the Township with satisfactoryevidence, in the form of a valid WSIB Clearance Certificate, prior to commencement of the Services under the Agreement, upon presentation of a final invoice and at any other time during the Agreement at the Township’s request. 2. The Consultant shall maintainits WSIBInsuranceor pay such assessments as will protect the Consultant and the Township from claims under Workplace Safety and Insurance Act, and, from any other claims for damage from personal injury, including death, which may arise from the Consultant’s performance under the Agreement. 3. In theevent that the Consultantis not required by law to be registered with WSIB, confirmation of employer’s liability insurance in the amount of $2 million ($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of Insurance. Compliance with Laws 1. TheConsultant acknowledges that itisaware of the provisions of the Occupational Health and Safety Act (Ontario), the Environmental Protection Act, the Human Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal, Provincial, and/or Municipal statutes, regulations, policies and guidelines thereunder and agrees to comply with, and cause to be complied with, the provisions thereof as such statutes, regulations, policies and guidelines may be amended or replaced from time to time. 2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or shall prohibit from being done, any act or thing as directed by the Township if, at any time, the Township considers that any situation or condition is unsafe, Page 44 of 62 Page 220 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... damagingto theenvironment or contrary to the provisions of any applicable statutes, regulations, policies or guidelines. Records and Audit 1. The Township shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to the Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Consultant, including, but not limited to those kept by the Consultant, its employees, agents, assigns, successors and subcontractors. The Consultant shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract or agreement and for at least two years following the completion of the Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Township, through its employees, agents, representatives, contractors or other designees, during normal business hours at the Consultant's office or place of business. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at atime and location in the Township of Oro-Medonte, Ontario, which is convenient for the Township. Use of Work 1. Notwithstanding any otherprovisions of the Agreement, the Township shall have the right to take possession of, and use, any completed or partially completed portions of the work. 2. The Township shall retain exclusive ownership in all components and deliverables created solely under this Agreement and shall own any copyright and patent directly related to and developed solely pursuant to this Agreement. QualityControl and QualityAssurance 1. The Consultant warrants thatit shall perform the Services with the requisite degree of skill and competence to satisfy the Township’s requirements as stipulated in the Agreement. 2. The Township reserves the rightto monitor the performance of the Consultant and to issue directives to the Consultant to remedy any condition which the Township considers to be detrimental to provision of the Services, which the Consultant shall be required to carry out within the timeframe stipulated by the Township. 3. At any time during the course of the Agreement, the Township maydirect the Consultant to immediately remove a staff member and replace them with another staff member acceptable to the Township. Changes and Alterations and Additional Services 1. The Consultant shall not change or deviatefromthe scope of Services without the prior written consent of the Township.In the event that the Consultant Page 45 of 62 Page 221 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... undertakes a change or deviation in the scope of Serviceswithout theprior written consent of the Township, it shall not be entitled toany additional payments. Assignments and Subcontracts 1. It is understood and agreed that the Consultant will be an independent contractor and that the employees or agents of the Consultant will perform all services offered. Subcontracting agreements made by the Consultant will not release the Consultant from any obligation to the Township with respect to the performance of its obligations under the Agreement. 2. The Township must grant prior written approval for any assignments and all sub- contracts which may be granted on such terms, as the Township deems advisable. The Township’s consent to any assignment or subcontract shall not release the Consultant from its duties and obligations under the Agreement. Damages and Set Off 1. If the Township shouldsuffer damagebecause of any wrongful act or neglect of the Consultant or of anyone for whom the Consultant is responsible in law, then the Township shall be reimbursed by the Consultant for such damage. 2. Serviceswhich have not been performed tothe Township’s satisfaction in accordance with the Agreement, whether the result of poor workmanship or through carelessness or other acts or omissions of the Consultant or any of its subcontractors, shall be promptly rectified in accordance with the Agreement at the Consultant’s expense. 3. In theevent thatany portion of the Services is not performed in accordance with the Agreementor is not satisfactory to theTownship, the Township may retain, as a holdback, an amount equal to the Township’s estimated cost to perform the Services in a satisfactory manner, until the Services have been completed to the satisfaction of the Township. 4. In addition to the rights set forth above,theTownship shall have the right to set-off againstthe monies due or which may become due to the Consultantunder the Agreement, any amounts owing by the Consultant to the Township. Suspension or Termination 1. The Township may, at any time by notice in writing tothe Consultant, suspend or terminate the Services, or any portion thereof. Upon receipt of such notice, the Consultant shall perform no further Services and shall not be entitled to any payment for additional work beyond that date, nor for lost profits or any consequential damages as a result of the termination. 2. In addition to the above, if the Consultant should become bankrupt or insolvent, or if a receiver is appointed because of itsinsolvency, or if the Consultant transfers, assigns or otherwise disposes of its interest in the Agreement or any part thereof without the prior written authority of the Township, the Agreement Page 46 of 62 Page 222 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... shall terminateas of the date ofthe any such event and the Township shall pay for the Services rendered and disbursements incurred by the Consultant to the date of termination. 3. Upon termination of the Agreement, alldocumentation relating to the Project shall be deliveredto the Townshipincluding all work product, drawings, paper and electronic files, and the Consultant shall not be entitled to payment until it has provided the Township with all such documentation. 4. Allduties andobligations ofthe Consultant withrespecttoServices provided up to and including the date of termination shall survive termination of the Agreement. Indemnification 1. The Consultant shallindemnify and saveharmless theTownship, its directors, officers, council members, partners, agents and employees from and against all claims, demands, actions, losses,expenses, suits, proceedings, costs or damages of every nature and kind whatsoever which the Township, its directors, officers, council members, partners, agents and employees may suffer as a result of the acts, error or omissions of the Consultant, its employees, officers, subcontractors or agents in the performance of the Agreement, including, but not limited to any suits or proceedings (including by any government agency) arising as a result of any violation or alleged violation of any statutes or regulations, policies and guidelines thereunder, and any legal costs associated therewith. Insurance 1. Withoutrestricting the generality of the section on Indemnification, the Consultant shall obtain, maintain, pay for and provide evidence of the following insurance coverage, taken out with insurance companies licensed to transact business in the Province of Ontario and not otherwise excluded by the Township’s Director, Finance/Treasurer/Deputy CAO: a) CommercialGeneralLiability Insurance Commercial General Liability (“CGL”) Insurance shall include as an additional insured, the Township of Oro-Medonte, with limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. b) Automobile LiabilityInsurance Automobile Liability Insurance in respect to owned andnon-owned vehicles shall have limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence and shall protectagainst all liability arising out of the use of owned or leasedvehicles, used by the Consultant, itsemployees or agents. c) Professional LiabilityInsurance ProfessionalLiability Insurance shall have limits of not less than two million ($2,000,000.00) inclusive per claim, covering services or activities Page 47 of 62 Page 223 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... that are professional in nature and thereby excluded under the CGL policy. The form ofall insurance to be provided herein,shall in all respects be satisfactory to the Township’s Director, Finance/Treasurer/Deputy CAO and shall be maintained continuously from either the commencement of the services or the signing of the Agreement, whichever is sooner. The policies shall be endorsed to provide the Township with not less than thirty (30) days written notice in advance of cancellation, change or amendment restricting coverage. Confidential Data 1. The Consultant shall not divulge anyspecific information as confidential, communicated to or acquired by it, or disclosed by the Township in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval in writing of the Township. Claims and Disputes 1. Should the Consultant wish to claim additional compensation arising outof a change to the scope of Services or forany other reason, it shall provide the Township with written notice of this claim within five (5) business days of becoming aware of the claim, failing which, it shall not be entitledto any compensation for such claim. In the event of any claims or disputes between the parties, the Consultant will continue to perform the Services without interruption, if so directed by the Township, pending the resolution of the claim/dispute. General Requirements 1. Time shall be of the essence ofthe Agreement. 2. Any notice given pursuant to the Agreementmay be delivered by facsimile transmission, electronic mail or mailed by prepaid registered mail to the addresses designated by the respective parties. If delivered, the notice is effective on the date of delivery, and if mailed, the notice is effective on the fifth (5th) business day following the day of mailing. 3. The Agreement shall ensure to the benefit of, and be binding upon, the Township, the Consultant, their heirs, executors, administrators, successors and permitted assigns. 4. The Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, agreements, arrangement or understandings, oral or written, and all other communications between the parties, relating to the subject matter of the Agreement, except as referenced in, and made part of, the Agreement. 5. The Agreement may be modified only by a written amendment signed authorized representatives of both parties. 6. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario. Page 48 of 62 Page 224 of 294 PartIVAgreement 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... In witness whereof the parties hereto have hereunto set their hand and seals on the above date. Proponent Signed, Sealed and Delivered in the ) By: presence of (if practical); ) ) Position: )(IhaveauthoritytobindtheCompany) ) ) Witness: )(IfnotunderSeal) ) ) Owner ) ) Per: Witness ) H.S. Hughes,Mayor ) ) ) Per: ) Janette Teeter, Deputy Clerk Page 49 of 62 Page 225 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Part VAppendices Part VAppendices Proponent Payment Information Accessibility for Ontarians with Disabilities (AODA) Contract Change Orders Letter ofCredit Noticeof“No Proposal” Submission Label Page 50 of 62 Page 226 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Part VAppendices Payment Information VendorName: To ensure the accuracy of our account information, you must attach a void cheque and complete the following financial information: Name of Financial Institution: Address ofFinancial Institution: Account Information: Bank Code Transit Number Account Number Remittance Information Contact person: E-mail address: _________________________________________ Name: Title/Position: Phone: ( ) Fax: ( ) Signature: Date: Page 51 of 62 Page 227 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Accessibilityfor Ontarians with Disabilities (AODA) The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations under this Act wereenactedtoimproveaccessibilityforpersonswithdisabilities.Thislegislationappliesto public sector organizations such as the Corporation of the Township of Oro-Medonte as well as to private companies and organizations that provide goods and services on behalf of the Township. The Township of Oro-Medonte is committed to ensuring legislative compliance and providing persons with disabilities consistent opportunity and access to Township goods, services, and facilities. Accordingly, the Township hasadoptedpolicies,procedures,andpracticesthat address integration, independence, dignity, and equal opportunity. The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07) was developed toensure that all customers can access goods and services and that their individual disability needs are met while accessing an organization’s goods and services. This Regulation requires thatobligatedorganizationsensurethateverypersonwhodeals with members of the public or otherthirdpartiesontheirbehalf,whetherasanemployee, agent, volunteer, or otherwise, receives training. The Regulation outlines the required training components. All public sector and private organizations were required to comply with this Regulation by January 1, 2012. The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes requirements for information and communication, employment, transportation and the design of public spaces in the built environment, as well as general accessibility requirements. Public sector organizations and private businesses must comply with this Regulation. Commencing in 2014, organizations must ensure that training is provided on the requirements of this Regulation and the Ontario Human Rights Code as it pertains to persons with disabilities to all employees, volunteers and those who provide goods, services or facilities on behalf of the organization. The Township of Oro-Medonte and all agents and contractors mustcomply with the OADA and its Regulations. Failure to comply with the Act may result in administrative penalties pursuant to Parts IV and V of the Act. The Township may request that agents and contractors provide records of training and confirmation of compliance with the Act and its Regulations. Links are provided below to assist with compliance. Your co-operation and support are essential to increasing accessibility for persons with disabilities. Page 52 of 62 Page 228 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... AODA Declaration Form I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter “form”) to theTownshipofOro-MedontedoherebymakethefollowingstatementsthatIcertifytobe true and complete in every respect. I certify, on behalf of (CorporateNameof Proponent,thereinafter “Proponent”) That 1. I haveread andunderstand the contents of this form; 2. I understand that if this form is found not tobe true and complete in every respect, the Corporation of the Township of Oro-Medonte has the authority to discontinue the services oftheProponent; 3. I am authorized by the Proponent to sign this formand to submit the form on behalf ofthe Proponent; 4. I acknowledge that as a vendor ofthe Corporation of the Township of Oro- Medonte that I/we are required to comply with the Accessibility for Ontarians with Disabilities Act, 2005 and all Regulations under this Act, as amended from time to time; 5. I declarethat I/wehave reviewed, understand and will meet all accessibility Acts and Regulations, as amended from time to time; 6. I declarethat I/wewill undertake to ensure that all employees, agents, sub- contractors, and volunteers hired by the Proponent in completion of our work will also comply with accessibility legislation. Proponent's Signature: (I have authority to bind the company) Position: Dated thisday of 2018. Page 53 of 62 Page 229 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Contract Change Order Sample Page 54 of 62 Page 230 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Instructions for Use for Change Orders (if applicable) 1. This form is to be used for all changes in the work that involve changes in price including any such changes covered by Certificates of Equality. 2. All additional or extrawork andchanges in the work must be authorized by the Owner. Cases may arise when instructions on changes must begiven to the Contractor right away to avoid damage or expensive delay.If the change is of a minor nature, the Resident Engineer or Inspector may proceed but should inform the Owner's Project Manager without delay. If the proposed change is more costly or if there is doubt about its desirability, it should be cleared with the Project Manager by telephone. Whenever possible, the price should be agreed upon prior to thecommencementof the work. 3. Achange in the amount of a unit price iteminthe Schedule of ItemsandPrices as a result of the measured quantity differing from the estimated quantitydoes not require the issuance of a change order specificallyforthat item. The change in amount will be coveredbythe last (Final Measurement) change order issued for the contract, as explained in para. 11 below. 4. Extra work carried out on the direction of the Owner requires the issuanceof a change order. The change order must identifythe work and shallgive the quantities, prices and amounts involved. 5. Whenwork isto be performedon a cost-plus or unit-price basis and the exact cost will not be known until the work has been completed, the change order should be headed "COST-PLUS"or "UNIT PRICES", as the case may be, and the estimated cost should be shown. The estimated cost is NOTto be included under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency Allowance" or the Contract Price to be changed. When the work covered by the change order has been completed, a further change order is to be prepared giving the final cost. It will be given a new numberand this number will be followed by the original number suffixed by "a"; e.g., if the change order giving the estimated cost is No. 7 and if when work has been completed 11 change orders have been issued, the change order showing the completed cost will be numbered 12.7a. 6. Change orders should be set out clearly.If the reason for the issuance of a change order is not clear from the change order itself, one copy of an explanation should be sent to the Owner with the change order. Change orders must state the quantities or estimated quantities involved and must state how the price or priceswere arrived at. Quotations obtained from the Contractor or sub- contractors should give adequate breakdowns, and mark-up percentages must Page 55 of 62 Page 231 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... be in accordance with the Contract (see Sectionof the General Conditions headed "Valuation of Variations."). 7. Onlyrelated changes are to be included in the samechange order.Unrelated items shouldbecovered byseparate change orders. 8. Change orders should be submitted promptly to theOwner for approval during the period of construction and should not be accumulated in batches or have their submission delayed to the end of the job. 9. TheConsulting Engineer should give careful consideration to the matter of whether an extension of the Time for Completion should be given on account of a change order. His recommendation shouldbegivento the Engineer when forwarding the change order to approval. If itisdifficult or impossible to decide at the date of issuance of the change orderwhat would be a reasonable extension to give,thisshould be stated andthematter should be discussed with the Engineer at a suitable date. 10. Additional or extra work willbe paid for out of the Contingency Allowance without immediately changing the ContractPrice. Only when the Contingency allowance has been used up or when the Final Measurement change order is prepared will the Contract Price be changed. 11. On contracts that include unit price items, the last change order issued should be headed "Order No.? (FINAL MEASUREMENT)."Thedescription will be "adjust quantities and amounts of all unit price items in the Schedule of Items andPrices in accordance withthe final measurement". The amount of the change order will be the net addition or deduction due to the final measurement, and the Contract Price will be shown in the bottom right-hand corner of the form as "Final" instead of "revised to date". 12. Attached to each copy of the change order should be a copy of the detailed final measurement set out item by item as in the Schedule of Items and Prices showing the estimated quantities, unit prices, amounts, final quantities, final amounts, adjustments inquantitiesand amounts and the net total of all other change orders approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms. 13. The Owner will require the original and one copy of the change order. Sufficient additional copies should be submitted to fulfil the requirements of the Consulting Engineer and the Contractor. All copies shall be signed by the Contractor and the Consulting Engineer before being submitted to the Agency. When the change order has been approved, all but the original and one copy will be returned to the Consulting Engineer for distribution. Page 56 of 62 Page 232 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Letter of Credit Wording as RequiredBy The Corporation of the Township of Oro-Medonte Financial Institution: Date ofIssue: (Name/address of FinancialInstitution) Irrevocable Letterof Credit Identification # of Letter of Credit Applicant: Beneficiary: (Name/address of Applicant) The Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Amount: (infigures)(CAD) (in words)(CAD) Wehereby authorizeyou to draw on (name andaddressof financial institution) for the accountof (name of applicant) up to an aggregate amount of (maximumamount of letter of credit in words)(CAD)(maximum amount of letter of creditin figures)(CAD), available with ourselves, on demand, by payment, against presentation of the document(s) detailedherein and of your draft(s) at sight drawn on ourselves. Pursuant to the request of our customer, the said (name of applicant), we, the (name and address of financial institution), hereby establish and give to you an irrevocable standby letter of credit in your favour in the total amount of (maximum amount of letter of credit in figures)(CAD) (maximum amount of letter of credit in words)(CAD) which may be drawn on byyou at anytime andfrom time to time upon written demand for payment made upon us by you which demand we shall honour without inquiring whether you have a right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer. Provided, however, that you are todeliver to the (name and address of financial institution), at such time as a written demand for payment is made upon us,a certificate signed by you agreeing and/or confirming that monies drawn pursuant to this creditare to be and/or have been expended pursuant to obligation incurred or to be incurred by you relative to (insert purpose and date of agreement). Theamount of this standby letter of credit may only be reduced by drawings Page 57 of 62 Page 233 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... endorsed hereon or as advised by noticein writing to us by you. Thisstandby letter of creditwill continue up to(dateofexpiryofletterofcredit)and will expire at our counters on that date and you may call for payment of the full amount outstanding under this letter of credit at any time prior to that date subject to the following: Itisa conditionofthis letterofcreditthatitshall bedeemedtobeautomatically extended without amendment for one year from the present or any future expiry date hereof, unless 30 (thirty) days prior tosuch expiry date, we notify you in writing by registered mail/courier, thatwe elect not to consider this standby letter of credit to be renewable for an additional period. Upon receipt by you of such notice, you may draw hereunder by means of your signed demand for payment certifying that the amount drawn will be retained and used by you to meet obligations incurred or to be incurred with the above. Further that you will release any amounts not required by you directly to the applicant. Partial drawings are permitted. The draftsdrawn under this standby letterofcreditaretostateontheir face that they are drawn under (name and address of financial institution) standby letter of credit stating its number and date. We hereby agree that drafts drawnunder this standby letter of credit will be duly honoured upon presentation provided that all terms and conditions of the standby letter of credit have been complied with. Thisstandbyletter of credit is subject to the “Uniform Customs and Practice for Documentary Credits (20xx Revision) International Chamber of Commerce, Publication No. xxx”, and engages us in accordance with the terms thereof. Page 58 of 62 Page 234 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Proposal Irregularities ItemIrregularityResponse 1 Late Proposals Automatic rejection, not read publicly and returned unopened to Proponent 2Automatic rejection Unsealed Envelopes (Tenderor Other) 3 Amount on deposit cheque incorrect Automatic rejection 4 All required sections of Proposal Automatic rejection unless, in the documents not completed consensual opinion The Finance Department, Director in charge of RFP solicitation, Clerk or Treasurer, the incomplete nature is trivial or insignificant anddoesnot affect the total price. 5 Proposals not completedin Ink, Automatic rejection typewritten or automated printers 6 Automatic rejection Incomplete, illegible or obscure bids or Proposals which contain additionsnotcalledfor 7 Erasures, alterations, or strike-out May be rejected, unless such changes errorsor irregularities of any kind clearly exhibit the Proponent’s intent, as such two (2) business days shall be given to rectify 8 Failure to attend mandatory site visitAutomatic rejection 9 Automatic rejection Proposals received on documents other than those provided in RFP or requested 10 Pricing or signature pages missing Automatic rejection 11 Part Proposals (all itemsnot bid) Acceptable unless complete Proposal has been specified in the request. 12 Documents in which all necessary Automatic rejection Addenda, which have financial implication, have not been acknowledged 13 Two (2) business days to acknowledge Documents in which all necessary Addenda, which have informational content, have not been acknowledged 14 Automatic rejection Proposals received on documents other than those provided in the Form of Proposal by the Township of Oro-Medonte Page 59 of 62 Page 235 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 15 Proposals received without proper Acceptable if officially received on time label used 16 Automatic rejection FailuretoinserttheProponent’s business name in the spaces providedin the Form of Proposal 17 Failure to include signature of the Automatic rejection personauthorized tobind the Proponent in the space provided in the Form of Proposal 18Automatic rejection Conditions placed by the Tenderer on the Total Contract Price 19 Qualified Proposals (Proposals Automatic rejection unless, in the qualified or restricted by the consensual opinion of The Finance attached statement)Department,Director incharge of Proposal solicitation, Clerk or Treasurer or designates, the qualification or restriction is trivial or not significant and does not affect the total price. 20 RFP clearly states that anaward Proposals may be rejected except when the may bemadefor individual items. RFPclearly states that an award may be made for individual items (contracts such as equipment rental or some material contracts which are in effect several individual contracts combined). 21 Corporate seal or signature missing; Two (2) business days torectify signatory’s authority to bind the Corporation or signature missing 22 Automatic rejection Corporate seal and signature missing;authority to signature missing 23 Proposals Containing Minor Two (2) business days to correct and initial Obvious Clerical Errors errors 24 ProposalsContainingMinor Two(2) business daysto correct and initial Mathematical Errors errors. The Township of Oro-Medonte reserves the right to waive initialing and accept Proposal. 25 Un-initialed changes tothe request Two (2) business days to correct and initial documents which areminor(i.e.; the errors. The Township of Oro-Medonte Proponent's address is amended by reserves the right to waive initialing and overwriting but not initialed) accept Proposal 26 Alternate items bid in whole or in Availablefor further consideration unless partspecifiedotherwise in request Page 60 of 62 Page 236 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... 27 Unit prices in the schedule of prices Two (2) business days to correct initial have been changed but not initialed errors. The Township of Oro- Medonte reserves the right to waive initialing and accept Proposal 28 Other mathematical errors which Two (2) business days to initial corrections. are not consistent with the unit Unit prices will govern. prices 29Automatic rejection Pages requiring completion of informationby vendor are missing Note: The above list of irregularities should not be considered all-inclusive. The requisitioning department will review minor irregularities not listed and shall have authority to waive other irregularities or grant two (2) business days to initial such irregularities, which they jointly consider to be minor. Page 61 of 62 Page 237 of 294 12.b) CS2019-21, Jennifer Whitley, Coordinator, Economic Development/ Co... Schedule A Page 62 of 62 Page 238 of 294 12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli... Page 239 of 294 12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli... Page 240 of 294 12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli... Page 241 of 294 12.c) ES2019-6, Michelle Jakobi, Manager, Environmental Services, Compli... Page 242 of 294 12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi... Page 243 of 294 12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi... Page 244 of 294 12.d) DS2019-120, Curtis Shelswell, Chief Municipal Law Enforcement Offi... Page 245 of 294 12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T... Page 246 of 294 12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T... Page 247 of 294 12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T... Page 248 of 294 12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T... Page 249 of 294 12.e) OCS2019-26, Karla Musso-Garcia, Manager, Operations re: Award of T... Page 250 of 294 12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic... Page 251 of 294 12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic... Page 252 of 294 12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic... Page 253 of 294 12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic... Page 254 of 294 12.f) OCS2019-27, Shawn Binns, Director, Operations and Community Servic... Page 255 of 294 13.b) Deputy Mayor Jermey, correspondence dated September 17, 2019 from ... -------- Original message -------- From: Greenbelt Foundation <news@greenbelt.ca> Date: 2019-09-17 2:20 PM (GMT-05:00) To: "Jermey, Scott" <scott.jermey@oro-medonte.ca> Subject: FUNDING OPPORTUNITY: Call for Letters of Intent Now Open Prosperous Greenbelt Resilient Greenbelt This email was sent to scott.jermey@oro-medonte.ca. To stop receiving emails, click here. Created by cStreet Campaigns & Friends of the Greenbelt Foundation withNationBuilder. Page 256 of 294 14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... Page 257 of 294 14.b) Correspondence dated September 16, 2019 from Doug Luker, Chair, Su... September 16, 2019 Mayor Hughes and Council Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON L0L 2E0 Dear Mayor Hughes and Council, At the request of some municipal partners, and after several years of operating as two organizations, Severn Sound Environmental Association’s (SSEA) Board of Directors and Sustainable Severn Sound’s (SSS) Sustainability Committee have collectively agreed to integrate programs. The first step toward the integration of programs will begin immediately with the 2020 municipal budget process. Please be advised that Severn Sound Environmental Association’s 2020 budget request will include a funding ask for Sustainable Severn Sound as a special project, in addition to its core funding. With your continued financial contribution, both organizations will continue business as usual, while strengthening programs and enhancing service-levels. Notwithstanding limited resources, Sustainable Severn Sound has emerged as the center for collaborative climate change planning amongst our municipal partners. In 2018, Sustainable Severn Sound released the area’s first Local Climate Change Action Plan and continues to plan for long-term climate action by developing and implementing corporate-level action plans for its partners. As part of this, Sustainable Severn Sound is recognized as the Township of Oro-Medonte Associate Member to the Partners for Climate Protection (PCP) program and will continue to support Milestone achievements on behalf of your municipality. We believe the integration of Sustainable Severn Sound as a special project of Severn Sound Environmental Association will enhance the value to the members and partners of both organizations. On behalf of Severn Sound Environmental Association and Sustainable Severn Sound, we would like to thank you for your continued support and participation. Sincerely, ________________________________________ ______________________________ Doug Luker, Chair, Sustainability Committee, SSS Steffen Walma, Chair SSEA CAO, Township of Tiny Deputy Mayor, Township of Tiny CC. Robin Dunn, CAO Mark DesLauriers CFO/Treasurer Janette Teeter, Clerk Ian Veitch, SSEA Board Member & SSS Committee Member SevernSoundEnvironmentalAssociation|489FinlaysonSt.POBOX460,PortMcNicollONL0K1R0|7055347283 SustainableSevernSound|105FourthStreet,P.O.Box8,Midland,ONL4R4K6|705.526.1371x.111 Page 258 of 294 14.c) Correspondence received September 6, 2019 from Steve Clark, Minist... Ministry of Ministère des Municipal Affairs Affaires municipales and Housing et du Logement Office of the Minister Bureau du ministre !! the 777 Bay Street, 17 Floor !777, rue Bay, 17 étage! Toronto ON M5G 2E5 !Toronto ON M5G 2E5! Tel.: 416 585-7000 !Tél. : 416 585-7000! 19-4093 Dear Head of Council: Our government believes everyone deserves a place to call home. Inadequate supply and high housing costs have made housing unattainable for too many people in Ontario. We want to put affordable home ownership in reach of more Ontario families, and provide more people with the opportunity to live closer to where they work. That is why I am pleased to provide you with an update on the More Homes, More Choice Act, 2019, which was passed by the Legislature on June 6, 2019. In Effect Date Schedule 12 of the More Homes, More Choice Act, 2019 makes changes to the Planning Act. All changes, except for those related to community benefits charges, came into force on September 3, 2019, as specified by proclamation. This includes changes to: B planning matters (i.e., official plans and zoning by-laws) and give the Tribunal the authority to make a final decision on appeals of these matters based on the best planning outcome; Reduce timelines for municipalities to make planning decisions; Rpeals; Authorize the Minister of Municipal Affairs and Housing to mandate the use of a community planning permit system in or around specific locations to promote intensification around transit; Require municipalities to authorize in their official plans and zoning by-laws additional residential units in both a primary dwelling and ancillary building or structure; and Promote the development of affordable housing near transit by focusing the use of inclusionary zoning. Regulations To help implement the Planning Act changes, amendments to existing regulations under the Act also came into force at the same time as the related legislative provisions. These regulations were filed on August 29, 2019 and include changes to: Set out transition rules for planning matters that are in process; Remove or update certain redundant or out-dated provisions and references; Remove the ability to appeal (except by the province) the implementing by-law when a municipality is required to establish a community planning permit system ; and Page 259 of 294 14.c) Correspondence received September 6, 2019 from Steve Clark, Minist... -2- Clarify that the new community benefits charge by-law will not apply in areas within a municipality where a community planning permit system is in effect. A new regulation for additional residential units (ARUs) was also filed on August 29, 2019 and helps remove certain zoning barriers to the creation of additional residential units by establishing the following requirements and standards: One parking space for each ARU, which may be provided through tandem parking as defined; Where a municipal zoning by-law requires no parking spaces for the primary residential unit, no parking space would be required for the ARUs; Where a municipal zoning by-law is passed that sets a parking standard lower than a standard of one parking space for each ARU, the municipal zoning by-law parking standard would prevail; An ARU, where permitted in a zoning by-law, may be occupied by any person regardless of whether the primary residential unit is occupied by the owner of the property; and An ARU, where permitted in a zoning by-law, would be permitted without regard to the date of construction of the primary or ancillary building. Our proposal for the new and amended regulations was posted on the Environmental Registry of Ontario. All comments received were carefully considered. You can view copies of the new and amending Planning Act - Laws: New Ontario Regulation 299/19 Ontario Regulation 296/19 Matters - Ontario Regulation 297/19 Ontario Regulation 298/19 Plans of Ontario Regulation 301/19 Ontario Regulation 300/19 If you have any questions about the changes to the Planning Act and related regulations, please email PlanningConsultation@ontario.ca. Sincerely, Steve Clark Minister c: Chief Administrative Officer! Page 260 of 294 14.d) Correspondence dated September, 2019 from Karla Musso-Garcia, Dire... Page 261 of 294 14.d) Correspondence dated September, 2019 from Karla Musso-Garcia, Dire... Page 262 of 294 14.e) Correspondence from City of Orillia; and Simcoe Muskoka Opioid Str... Page 263 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 264 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 265 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 266 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 267 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 268 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 269 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 270 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 271 of 294 15.a) Correspondence dated August 7, 2019 from Antoneta and Anisa Berish... Page 272 of 294 17.a) 2019-085: A By-law to remove the Holding symbol on lands described... Page 273 of 294 17.a) 2019-085: A By-law to remove the Holding symbol on lands described... Page 274 of 294 17.b) 2019-091: A By-law to remove the Holding symbol on lands described... Page 275 of 294 17.b) 2019-091: A By-law to remove the Holding symbol on lands described... Page 276 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 277 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 278 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 279 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 280 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 281 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 282 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 283 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 284 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 285 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 286 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Municipal Act, 2001, S.O. 2001, c. 25, as amended. Page 287 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Municipal Act Municipal Act, 2001, S.O. 2001, c. 25, Page 288 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 289 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Two Dollars ($2.00) Page 290 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 291 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 292 of 294 17.c) 2019-092: A By-law to Authorize the Execution of a Site Plan Contr... Page 293 of 294 19.a) 2019-093: Being a by-law to confirm the proceedings of the Council... Municipal Act, 2001, S.O. 2001, C. 25, as amended Page 294 of 294