09 09 2020 Council Agenda
The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Wednesday, September 9, 2020
9:00 a.m. - Closed Session
10:00 a.m. - Open Session
Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte
facilities will be closed to the public until further notice. This includes the Township
Administration Centre. We will continue to offer services online and over the
telephone.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings during a declared emergency. Protocols
have been established to advise how to participate in the public portions of these
meetings. Please visit the following links for additional information:
To Request to Participate in Open Forum, complete the form and review the Protocols
for Public Participation at the following links:
o Request for Public Participation Form
Protocols for Public Participation Council and DS Committee
All electronic Council meetings will be streamed live, where possible, on the Township
YouTube Channel. Council Agendas will continue to be published on the Civic Web
Meeting Agendas
Procedural By-law.
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:
7 - 8a) Motion to Adopt the Agenda.
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Council Meeting Agenda -September 09, 2020
\[Addenda\]
3. Disclosure of Pecuniary Interest:
4. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Andria Leigh, Director, Development Services re: Solicitor-client privilege
(Short Term Rentals (Airbnb)).
d) Donna Hewitt, Director, Corporate Services re: Acquisition/disposition of land
(50 Fairway Court).
e) Donna Hewitt, Director, Development Services re: Acquisition/disposition of
land (6 Simoro Crescent).
f) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Unopened Road
Allowance Adjacent to 2599 Lakeshore Road East) \[to be dealt with under
Item 18 subsequent to Item 7a)\].
g) Andria Leigh, Acting CAO re: Labour relations/employee negotiations
(Staffing Updates).
5. Minutes of Council and Committees:
9 - 13a) Minutes of Public meeting held on Thursday, August 6, 2020.
14 - 29 b) Minutes of Council meeting held on Wednesday, August 12, 2020.
30 - 32 c) Minutes of Special Council meeting held on Wednesday, August 26, 2020.
33 - 35 d) Minutes of Special Council meeting held on Wednesday, September 2, 2020.
6. Recognition of Achievements:
36 a) Sheila Spring, Records Management Clerk re: Successful Completion of the
Municipal Administration Program, Association of Municipal Clerks
Treasurers of Ontario (AMCTO).
7. Deputations/Presentations:
37 - 42 a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land,
Unopened Road Allowance Adjacent to 2599 Lakeshore Road East.
8. Public Hearing:
43 - 66 a) 10:30 a.m. DS2020-94, Todd Weatherell, Intermediate Planner re: Minor
Variance Application 2020-A-36, James Taylor, 4885 Line 6 North \[Deferred
from September 3, 2020 Development Services Committee meeting\].
9. Identification From the Public of an Agenda Item of Interest:
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Council Meeting Agenda -September 09, 2020
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.
10. 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
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.
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Council Meeting Agenda -September 09, 2020
11. Reports of Municipal Officers for Action:
67 - 76 a) OCS2020-14, Shawn Binns, Director, Operations and Community Services;
Roz Llewellyn, Coordinator, Community Recreation re: Arena and
Community Halls COVID 19 Update.
77 - 79 b) OCS2020-12, Justin Metras, Manager, Infrastructure and Capital Projects re:
No Heavy Truck Routes Moon Point Road.
80 - 89 c) OCS2020-13, Shawn Binns, Director, Operations and Community Services
re: Starfall Park Braestone Development Corporation Subdivision
Agreement Amendment.
90 - 95 d) DS2020-80, Todd Weatherell, Intermediate Planner re: 2020-ZBA-06 Barry
and Laura Anderson, Temporary Use By-law, Garden Suite (Granny Flat),
3908 Line 13 North \[Refer to Item 17a)\].
96 - 104 e) DS2020-81, Todd Weatherell, Intermediate Planner re: Zoning By-law 2020-
ZBA-14 Randy Sheldrake, 2283 & 2309 Penetanguishene Road \[Refer to
Item 17b)\].
105 - 171 f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic
Development re: Employment Land Strategy Award - RFP # CS 2020-03.
12. Reports of Municipal Officers for Information Only:
None.
13. Reports of Members of Council:
a) Updates from Council Representatives County of Simcoe and Township
Partners and Agencies.
representatives at the Tow
Agencies.
14. Consent Agenda:
172 a) Announcements of Interest to the Public:
1. Notice of Full Bridge Closures at Oro-Medonte Line 5 and Line 9, Hwy
11 Underpass by Clearwater Structures Inc., March 16 - November
20, 2020.
173 - 179 b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26, 2020
meeting and Highlights of meeting held on August 28, 2020.
Staff Recommendation: Receive for Information Only.
180 - 186 c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Chair;
Suzanne Campbell, CEO, Orillia Public Library re: CIP Library Update on
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Council Meeting Agenda -September 09, 2020
Stage 1 and Stage 2 COVID-19 Response.
Staff Recommendation: Receive for Information Only.
187 - 188 d) Correspondence dated August 19, 2020 from Anita Dubeau, Chair, Simcoe
Muskoka District Health Unit Board of Health re: Funding Public Health Units
during COVID-19.
Staff Recommendation: Receive for Information Only.
189 - 200 e) Correspondence dated August 25, 2020 from Julie Cayley, Executive
Director, Severn Sound Environmental Association (SSEA) re: Severn Sound
Shoreline Communities' Successful Joint Delegation to Minister Yakabuski.
Staff Recommendation: Receive for Information Only.
201 - 202 f) Correspondence dated July 21, 2020 from Municipality of Chatham-Kent re:
Emancipation Day Resolution.
Staff Recommendation: Receive, Support, Advise under Mayor's Signature.
15. Communications/Petitions:
203 - 204 a) Correspondence dated August 27, 2020 from Graydon Lau, Quayle's
Brewery re: Request for Letter in Support of the Issuance of the "By the
Glass" License.
16. Notice of Motions:
None.
17. By-Laws:
205 - 211 a) 2020-086: A By-law to Authorize the Execution of a Temporary Use By-Law
Agreement (Garden Suite) Between the Township of Oro-Medonte and Barry
and Laura Anderson on lands described as follows: North Part Lot 4,
Concession 13, Township of Oro-Medonte (Medonte) County of Simcoe
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as
amended Roll # 4346-020-004-10200.
212 - 213 b) 2020-087: A By-law to amend the zoning provisions which apply to lands at
West Part of Lot 32, Concession 1 (Oro) Township of Oro-Medonte 2020-
ZBA-14 (Sheldrake).
214 - 215 c) 2020-097: Being a by-law to amend By-law 2017-165 (Procedural By-law)
and repeal By-law 2020-050 in its entirety.
216 - 217 d) 2020-099: A By-law to amend the zoning provision which apply to lands
within Block 74, Registered Plan 51M-391, Concession 4, Township of Oro-
Medonte, by placing a Holding (H) provision to the lands (50 Fairway Court).
218 - 225 e) 2020-100: A By-law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro-Medonte and Elyse Danielle Hauer
and Alan Chun-Yue Poon.
18. Closed Session Items (Unfinished Items):
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19. Confirmation By-Law:
226 a) 2020-101: Being a by-law to confirm the proceedings of the Council meeting
held on Wednesday, September 9, 2020.
20. Adjournment:
a) Motion to Adjourn.
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2.a) Motion to Adopt the Agenda.
To: Township of Oro Medonte
From: Scott Bjaanes
President
Oro Minor Hockey Association
Date: September 5, 2020
Subject: Return to Hockey
On behalf of Oro Minor Hockey I am writing in response to Report No. OCS2020-14 prepared by Roz
Llewellyn and Shawn Binns regarding Arena and Community Halls – Covid 19 Update.
By way of introduction I have lived in Oro Medonte for 16 years and have been involved in Oro Minor
rd
Hockey for 10 years. For the past 6 years I have been a Board Member and this will be my 3year as
President.
It wasn’t long ago that both parties would refer to each other as “difficult”. However, the relationship
between Oro MHA and the Township has improved immensely. I would like to take this opportunity to
applaud the efforts of Roz, Shawn and Sandie. They have been collaborative and pro-active as we have
spent the summer working through a return to play plan for the 2020/21 season
As an organization we feel it is imperative to provide residents of Oro Medonte the opportunity to return
to the ice this fall. There are many physical benefits of hockey, most important during these uncertain
times would be the mental boost simply from being active.
Equally important are the personal and social benefits. The inclusiveness of participating within a peer
group provides kids with valuable life lessons; preparedness and time management, dealing with success
and failure, team work, commitment, attitude control, decision making, and leadership opportunities are
a just a few of the life skills kids learn while playing hockey.
Oro Minor Hockey will follow the protocols and procedures as outlined by the governing bodies for Minor
Hockey in Ontario; the Ontario Minor Hockey Association and the Ontario Hockey Federation. Many of
which are included in the report. Social distancing practices, regular hand washing, not sharing
equipment, self-assessment, team make-up, as well as game and practice modifications are all in place
for the coming season. We will also be emphasizing with our membership the responsibility everyone has
to minimize the risk of Covid-19, it is not just the Board or Township that need to be diligent.
As a not for profit organization we would ask the township to reconsider the ice cost increase of 2.5%.
The Board of Oro Minor Hockey has taken substantial steps to reduce our operating costs so we can offer
a modified hockey season without having to increase our fees. The Township has implemented fee
increases every year since 2013, perhaps this year you could withhold adding incremental costs to user
groups.
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2.a) Motion to Adopt the Agenda.
We respect all decisions outlined by the Township but would like to keep the “No Spectators” decision
open for ongoing discussion. A phased in approach is probably best early on, especially with the kids
returning to school and the concern surrounding a potential second wave. However, we would like to
discuss the option of designating the upstairs banquet room as a separate area from the rink to allow for
more people in the building. This would allow parents of our youngest players to the opportunity to watch
as soon as possible. We would be willing to help with any sanitizing efforts required (if allowed). The first
2+ weeks are designated for practice and evaluations so we would restrict spectators in all older age
groups until the last week of October or beginning of November when games can be played.
In closing, Oro Minor Hockey would like to thank the Township Council for reviewing our feedback
regarding the opening of the arena. Players and parents are excited to return to the ice and the Board of
Directors are looking forward to a fun and exciting season. We believe by having games and practices all
staying local will strengthen the sense of community among our membership.
Regards,
Scott Bjaanes
President
Oro Minor Hockey
president@orominorhockey.ca
416-453-0031
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5.a) Minutes of Public meeting held on Thursday, August 6, 2020.
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5.a) Minutes of Public meeting held on Thursday, August 6, 2020.
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5.a) Minutes of Public meeting held on Thursday, August 6, 2020.
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5.a) Minutes of Public meeting held on Thursday, August 6, 2020.
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5.a) Minutes of Public meeting held on Thursday, August 6, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
Emergency
Management and Civil Protection Act
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
Emergency Management and Civil Protection Act
Emergency Management and Civil Protection Act
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5.b) Minutes of Council meeting held on Wednesday, August 12, 2020.
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5.c) Minutes of Special Council meeting held on Wednesday, August 26, 20...
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5.c) Minutes of Special Council meeting held on Wednesday, August 26, 20...
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5.c) Minutes of Special Council meeting held on Wednesday, August 26, 20...
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5.d) Minutes of Special Council meeting held on Wednesday, September 2, ...
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5.d) Minutes of Special Council meeting held on Wednesday, September 2, ...
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5.d) Minutes of Special Council meeting held on Wednesday, September 2, ...
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6.a) Sheila Spring, Records Management Clerk re: Successful Completion o...
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
operty adjacent to my home at
Purchase of Municipal Property Why I would like to purchase the pr2599 Lakeshore Rd. E
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
My Wife and I bought our first home in Oro-Medonteover 20 years ago to enjoy the picturesque landscapes and quiet country lifestyle Oro provides. Since then we have been lucky enough
to grow our family and improve the quality of our life. As you can see our home is surrounded by large old growth maple as well as a good variety of other hardwood species.
This is my Home
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
t a portion was sold for
e to have more land
re maple trees to tap,
Why We Want More Property in Oro
With the improvements in our life we find ourselves wanting more. We would likfor our children to play, moand a better way to access our back yard. Our family would like the opportunity
to have more land without moving from the home we love.Our septic was installed in our backyard long before there was a house beside us. If we ever needed to work on it we no longer
have access for equipment.There is vacant land abutting our own that has been unused since it’s creation. It once was set aside as a possible road, bua home to be built on Shoreline
Drive and now it can never be used for it’s original purpose
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
ge it is possible to rip
What use does this property have other than to our family?
This unused property could potentially be used to for drainage. There is an easement through properties on Shoreline Drive. If Oro-Medontewanted to increase drainaup this property line
and install a swale or a culvert.This property is 66 feet wide and a large swale is about 15 feet wide. Seems like a waste to keep such a large property for something an easement could
retain drainage rights to in the unlikely event that it was needed.
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
Water Flow
Single agricultural property backing onto EPA
Why do I think that it is unlikely Oro-Medontewill need this land?
EnvironmentallyProtected Land
CarthewBay Nature Reserve CouchichingConservatory
The likelihood of construction changing the course of water flow to lake Simcoe is relatively low due to the environmentally protected lands on the north side on Lakeshore road and the
nature conservation area
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7.a) 10:00 a.m. Joshua Montague re: Request to Purchase Township Land, U...
s of access while gaining annual
collect annual taxes on a property
is property would benefit not only my
this property would provide much
s provided unforeseen expenses. It
property I would be happy to oblige
would be the best outcome for Oro-
In closing I believe that purchasing thfamily but also Oro-Medonte. Selling needed funds during a year that hawould also provide an opportunity to that has provided no benefits to anyone.
If Oro-Medontewanted to maintain an easement thought the meaning Oro-Medontekeeps the benefitearnings from this property. ThisMedonteand my family.
Mutually Beneficial
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CƩƚƒʹ Saunders, David <dsaunders@oro-medonte.ca>
{ĻƓƷʹ Monday, August 17, 2020 4:16 PM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020
(2020-A-36) Taylor
Teresa
Development Engineering has No Objection to the above noted Application.
Stay Healthy !
!!
!
David!Saunders!!
Manager, Development Engineering!
Township of Oro-Medonte!
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8.a) 10:30 a.m. DS2020-94, Todd Weatherell, Intermediate Planner re: Min...
CƩƚƒʹ McCartney, Garry <gmccartney@oro-medonte.ca>
{ĻƓƷʹ Tuesday, August 18, 2020 10:49 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Quattrociocchi, Andrew <aquattrociocchi@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020
(2020-A-36) Taylor
The Building Division has no comments at this time.
Thank you,
!!
!
Garry!McCartney!!
Chief Building Official!
Township of Oro-Medonte!
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8.a) 10:30 a.m. DS2020-94, Todd Weatherell, Intermediate Planner re: Min...
CƩƚƒʹ Metras, Justin <jmetras@oro-medonte.ca>
{ĻƓƷʹ Tuesday, August 18, 2020 8:32 AM
ƚʹ Falconi, Teresa <tfalconi@oro-medonte.ca>
/ĭʹ Binns, Shawn <sbinns@oro-medonte.ca>
{ǒĬƆĻĭƷʹ RE: Notice of Public Hearing - Development Services Committee Meeting, September 03, 2020
(2020-A-36) Taylor
Teresa
Operations has no objections or comments on this application.
Regards
Justin
!!
!
Justin!Metras!!
Manager, Infrastructure and Capital Projects!
Township of Oro-Medonte!
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
Operational overview
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
COVID – 19 Proposed Arena Operating Plan
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
Considerations
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
Risk to re-opening
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
Risks to not re-opening
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11.a) OCS2020-14, Shawn Binns, Director, Operations and Community Servic...
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11.b) OCS2020-12, Justin Metras, Manager, Infrastructure and Capital Pro...
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11.b) OCS2020-12, Justin Metras, Manager, Infrastructure and Capital Pro...
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11.c) OCS2020-13, Shawn Binns, Director, Operations and Community Servic...
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11.c) OCS2020-13, Shawn Binns, Director, Operations and Community Servic...
Key elements
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E
SEE CONCEPT BY:V
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A
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O
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WASTE RECEPTACLE
POST AND RAIL FENCE
PICNIC TABLE- TYP.
ARMOURSTONE SEATING WALL(0.5m HIGH)
MULTI-USE CONCRETE PLATFORM
TURF
BIKE PARKING
TURF
PLAYGROUND
PICNIC TABLE
ARMOURSTONE RETAINING WALL(0.5m HIGH)
CONCRETE PLAYGROUND CURB
POST AND RAIL FENCE
ENGINEERED WOOD FIBER SAFETY SURFACE
PARKING
BENCH
SWING
SAUCER
BENCH
ASPHALT WALKWAY
SLOPED TURF LAWN FOR STAR GAZING AND GENERAL PASSIVE USE
FEATURES
PLAYGROUND
BOLLARD
(5FT.)
POST AND RAIL FENCE
HILL SLIDE
TURF BERM
NATURALIZATION PLANTING
MUSKOKA CHAIRS FOR DAYTIME RELAXING AND NIGHT TIME STAR GAZING
ARMOURSTONE SEATING WALL(0.5m HIGH)HC PARKING
ARMOURSTONE RETAINING WALL (0.5m HIGH)
July 17 -August 24
PERSEIDS
METEOR STONES
TURF
URSIDS STONE
WASTE
PARK ENTRANCE SIGN
RECEPTACLE
PERSEIDS STONE
QUADRANTIDS STONE
0.5m x 3.5m CONCRETE DIRECTIONAL STRIP (FLUSH WITH GRADE)
BICYCLE PARKING
STONE
LEONIDS STONE
ORIONIDS
STONE
GEMINIDS
SLOPED LAWN
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HAUSER SITE FURNISHINGS
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MAGLIN SITE FURNITURE - MLPT 210-S-W
- MBR 350-5-SMLB 970
MAGLIN SITE FURNITURE
MAGLIN SITE FURNITURE -
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The Corporation of the Township of Oro-Medonte
Request for Proposal
RFP # CS 2020-03
Emailed PDFProposals, clearly marked as to contents, will be received by Corporate
Services, via email jwhitley@oro-medonte.ca, no later than 3:00 pm(15:00) local time,
August 6, 2020.
Late proposals will not be accepted.
Requirements for:Employment Land Strategy
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:
Corporate Services; Jennifer Whitley
Economic Development & Communications Coordinator
(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.
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Contents
Definitions....................................................................................................................... 7
Part I Project Terms of Reference............................................................................ 9
1. Introduction...................................................................................................... 9
2. Background ...................................................................................................... 9
3.Current Situation............................................................................................10
4. Scope of Project ............................................................................................. 10
5.Timeframe of Project......................................................................................11
6. Project Requirements and Deliverables ......................................................... 12
7. Contents of Proposals .................................................................................... 12
Part II Instructions to Proponents............................................................................. 14
1. Deliveryof Proposals..................................................................................... 14
2. Proposal Schedule ......................................................................................... 14
3. Competition Intended ..................................................................................... 14
4. Inquiries ......................................................................................................... 15
5. Addendum/Addenda ...................................................................................... 15
6.Site Meeting...................................................................................................15
7. Mandatory Proposal Requirements................................................................ 15
8. Checkingof Proposals................................................................................... 16
9. Late Submission............................................................................................. 17
10. Proposal Opening .......................................................................................... 17
11. Amendment of Proposals............................................................................... 17
12. Right to Accept or Reject Proposal ................................................................ 17
13. Proposal Evaluation ....................................................................................... 17
14. Evaluation Criteria.......................................................................................... 17
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15. Negotiations ................................................................................................... 19
16. Presentation & Interview ................................................................................ 19
17. Award Determination ...................................................................................... 19
18. Execution of Award ........................................................................................ 21
19. Order of Precedence ...................................................................................... 21
20. Alternative Dispute Resolution....................................................................... 21
21. Contract Additions & Deletions...................................................................... 22
22. Proponent Qualifications................................................................................ 22
23. Proponent's Statement of Understanding....................................................... 22
24. Term of Contract............................................................................................ 22
25. Irrevocability of Proposals .............................................................................. 23
26. Errors and Omissions ..................................................................................... 23
27. Proponents Expenses .................................................................................... 23
28. Changes to Proposal Wording ....................................................................... 23
29. Price Components.......................................................................................... 23
30. Freedom of Information.................................................................................. 23
31. Bribery/Fraud................................................................................................. 24
32. Cancellation ................................................................................................... 24
33. Insurance ....................................................................................................... 24
34. Workplace Safety and Insurance Board (WSIB) ............................................ 25
35. Regulation Compliance and Legislation ......................................................... 26
36. Laws of Ontario .............................................................................................. 26
37. Indemnification ............................................................................................... 26
38. Force Majeure ................................................................................................ 26
39. Severability.................................................................................................... 27
40. Termination of Contract .................................................................................. 27
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41. Termination byNotice .................................................................................... 27
42. Termination for Cause.................................................................................... 27
43. Suspension of Work ....................................................................................... 27
44. Suspension in Future ..................................................................................... 28
45. Failure to Complywith Owner Decisions........................................................ 28
46. Evaluation of Performance ............................................................................. 28
47. Time is of the Essence ................................................................................... 29
48. Safety Standards ............................................................................................ 29
49. Non-Waiver .................................................................................................... 29
50. Non-Assignment ............................................................................................ 29
51. Emergency Telephone Number ..................................................................... 29
52. Personal Property Security Act ...................................................................... 29
53. Confidentiality of Information.......................................................................... 29
54. Conflicts of Interest ........................................................................................ 30
55. Township Not Employer................................................................................. 31
56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 31
57. Working Language ......................................................................................... 31
58. Intellectual Property ....................................................................................... 31
59. Accessibility ................................................................................................... 32
60. Township of Oro-Medonte Payment Terms .................................................... 32
PartIII Form of Proposal ............................................................................................ 34
Schedule I – Budget ...................................................................................................... 40
Schedule II -List of References.................................................................................... 41
Part IV Agreement...................................................................................................... 43
Part VAppendices .................................................................................................... 50
Accessibility for Ontarians withDisabilities (AODA) .................................................... 52
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Contract Change Order Sample .................................................................................. 54
Instructions for Use for Change Orders (if applicable)................................................... 55
Proposal Irregularities ................................................................................................. 57
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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
considered by the Owner as compliant.
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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 the information submitted by a Proponent in
responsetothisRequestforProposal.
15. “Proponent”means the legal entity submitting a Proposal.
16. “Requestfor Proposal”or “RFP” meansthe document issued by the Township
and used tosolicitProposalsfromProponents 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 of the 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 meeta demand tocomply with the
conditions of the Contract, delivery dates, specifications and technical assistance.
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Part IProject Terms ofReference
1. Introduction
The Township is a diverse and beautiful community with a central location in Ontario.
With a population of 23,500 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.
2. Background
The Township of Oro-Medonte receives inquiries from businesses, realtors and other
agencies looking for available employment land typically within close proximity to the
Highway 11 corridor. Township Staff are often unable to assist these inquiries, as
there is limited land properly zoned and market-ready for future growth within the
municipality. This is especially true for lands zoned Economic Development. This
proposes a challenge for future development potential and negatively affects the
opportunity to diversify the municipal tax base and reduce the pressure on the
residential tax base.
As a result of the Provincial “A Place to Grow” legislation and the Simcoe County
Official Plan, the provincial government has placed tight restrictions on the amount and
location of commercial and industrial lands (employment lands) within the Township.
Currently the Townships allocation of employment lands has been fully
deployed/designated with nodes or areas of focus largely centered around the Airport,
in the Forest Home Industrial Park, in the Small Crescent Industrial Park, along Hwy.
th
11 and in the 4 Line Industrial Park.
The Forest Home Industrial Park and the Small Crescent Industrial Park are virtually
built out or the remaining land is limited due to environmental features. The 4th Line
Industrial Park is largely undeveloped, however, the current land owners are not
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interested in the development/sale of these lands at this time and there is no clear
indication of timing for future development consideration on these lands.
Township staff have received multiple inquiries in the last two years from individuals
lookingfor available land to either develop new, move their business to the Township
or expand existing operations. The majority of inquiries are for “dry” manufacturing
such as machinery, auto parts and housing. This type of industry requires Economic
Development zoned land. As a result of the current limitation on available, marketable
lands, the Township has lost potential new businesses to other municipalities.
Additionally, and of particular concern, is the fact that some of our current businesses
who are in need of additional space to accommodate their growth are having to look to
other municipalities for suitable locations due to the Township’s current lack of
available locations.
3. Current Situation
An Employment Lands Strategy will provide a comprehensive review of employment
lands within the municipality and a recommended long-term vision and plan. This is
necessary to ensure that there is opportunity to accommodate current and future
demands for development. Provincial policies require municipalities to plan for an
appropriate mix and range of employment to meet long-term needs. This type of
strategy will support jobs, have a positive economic impact and contribute towards a
continued optimistic outlook for the Township of Oro-Medonte.
The timing of this project aligns with the Township’s update to the Official Plan and
Zoning By-law, which are scheduled for completion in late 2020/early 2021. This
project will allow the Township of Oro-Medonte to develop in a competitive and
sustainable manner, ensuring a balanced approach between population and
employment growth of the future.
4. Scope of Project
The Employment Land Strategy will define what the Township needs regarding
employment and business development opportunities. It will identify the decision
criteria that define what businesses are looking for including:
Land size
Servicing needs
Utilities
Transportation
And other requirements
A final report that includes the ideal locations for Employment Land, preferably along
the Highway 11 corridor. The anticipated outcome will include a recommended long-
term vision (up to 20 years) with a phased approach, including future employment land
needs and employment land policies. The recommendations from the Employment
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Land Strategy are intended to be integrated into the Township‘s Official Plan update.
The successful Proponent will provide the following:
An economic profile which includes an analysis of macro-economic trends
which are anticipated to influence the economy across Canada, Ontario,
County of Simcoe & Oro-Medonte;
An analysis of the Township’s occupied and vacant, designated
Employment Lands supply of industrial areas (update and confirm inventory
of vacant and current supply of developable lands);
A review of the existing provincial and local planning policy context with
respect to long-term planning for Employment Lands in Oro-Medonte;
An assessment of long-term Employment Land needs based on forecast
land demand against land supply in accordance with the policies of A Place
to Grow and the Simcoe County Official Plan;
A final report with the above details plus:
o Proposed recommended actions
o Key performance indicators
o Submission of findings
Once approved, a final report should include a consolidation of the work completed,
including reasoning for all decisions and recommendations that are ready for public
review and staff presentation to Council.
A budget allocation of up to $50,000.00has been approved for the Employment Land
Strategy based on approval from the County of Simcoe for the Economic Development
Funding Program.
5. Timeframe of Project
The following is the proposed timing for this project:
Release of RFPThursday, July 23, 2020
Last day for questions, errors or Thursday, July 30, 2020
omissions from proponents
Deadline for Final Addenda Friday, July 31, 2020
RFP Closing Thursday, Aug 6, 2020
Evaluation of Proposals Upon Closing of RFP submission
Proponent Presentations/ Interviews Week of August 10, 2020
Award of Contract Week of September 9, 2020
Project Commencement September 2020
Project Team BriefingsOngoing
Final Presentation First week of December 2020
(This timetable may be changed by the Township at any time)
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6. Project Requirements and Deliverables
The successful Proponent will be required toprovide a project plan that includesa
breakdown of phases, tasks, deliverables and associated timing.
The Proponent will provide a final report that includes the justification for
designation of additional or re-allocated employment land in the Township of Oro-
Medonte to accommodate the Township’s forecasted employment growth for up to
20 years. For the purposes of the report, it will focus on current and new
employment lands and their locations and features and the reasons for considering
these areas will be outlined.
Determine the amount of additional or re-allocated employment land
required in the Township;
Conduct a locational analysis to determine the most appropriate direction of
potential expansions to boundaries of settlement areas or current employment
lands and identify and recommend additional lands (if any) which will be planned
to meet the employment growth targets.”
Provide recommendations regarding the Township’s employment land
requirements in accordance with growth forecasts outlined in A Place to
Grow and the Simcoe County Official Pan,and provide background support
for potential future amendments to the Township’s Official Plan;
Recommend a policy framework to support intensification of employment
lands. Intensification can be achieved by additions and expansions to
existing uses and by adding new uses to developed sites with adequate
space. The consultant is asked to explore possible approaches the
Township should take towards employment land intensification and provide
a toolbox of associated implementation tools.
7. Contents of Proposals
The Request for Proposal response submission shall include at a minimum the following
information:
1. Table ofContents,at the front of the submission
2. Completed Proponent Information Form
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.
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4. Personnel Summary:
a)Provideinformationrelated tothe qualificationsand experienceof 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 (breakdown where possible)
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Part IIInstructions to Proponents
1. Delivery of Proposals
TheForm of Proposal, together with all supporting documentation, is to be submitted
attached in PDFformat to an email. If the attachmentstotal size is 10mb or more
please send an email, and include a Dropbox link for attachments. Please ensure that
the name of the proponent, and name of project is included in the email. The email will
be responded to along with a date and time stamp according to the email address
submitted to.
Proposals timestamped after 3:00p.m. (15:00 hours) are lateand shall be deemed
non-compliant and shall be returned to the Proponent.
AllProposals shallbe irrevocable andshall remainopen 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.
2. Proposal Schedule
Release of RFPThursday, July 23, 2020
Last day for questions, errors or Thursday, July 30, 2020
omissions from proponents
Deadline for Final Addenda Friday, July 31, 2020
RFP Closing Thursday, Aug 6, 2020
Evaluation of Proposals Upon Closing of RFP submission
Proponent Presentations/ Interviews Week of August 10, 2020
Award of Contract Week of September 9, 2020
Project CommencementSeptember 2020
Project Team BriefingsOngoing
Final Presentation Firstweek of December2020
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.
3. Competition Intended
It is the Township’s intentthat this Requestfor Proposal (RFP) permit competition. It
shall be the Proponents responsibility to advise the Economic Development &
Communications Coordinator, 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.
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4. Inquiries
All inquiries concerning this Proposal,including specifications, process and results are
to be directed in writing (e-mail) through:
CorporateServices;Jennifer Whitley, Economic Development &
Communications Coordinator 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 willbe 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.
5. Addendum/Addenda
Addendum/Addenda if required will be issued by the Township 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
the Closing date and time via the method of RFP listing. It is the responsibility of the
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.
6. Site Meeting
Asite meeting will not be required.
7. Mandatory Proposal Requirements
Failure to adhereto the following Mandatory ProposalRequirements shall result in the
Proposal being declared a non-compliant Proposal:
i. Proposals shall be received via Email, as set out in the RFP, by the Ownerprior to
the stated Closing date and time;
ii. Proposals shall be submitted completeandin the original Form of Proposal, as
supplied, without any unauthorized alterations, additions, deletions or qualifying
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statementsmade to or provided with the Form of Proposal.
iii. The Form of Proposalshall be ‘original’ with an ‘original’ signature(s) that is signed
in the spaces provided by a duly authorized official of the Proponent;
iv. TheProponent shall attend all mandatory site meetings, if applicable; and
v. 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.
Signatureson behalf of a non-incorporatedbody 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.
8. 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
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 the Form of Proposal in the 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.
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9. 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.
10. 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.
11. 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.
12. 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.
The Tenderer is advised that the scope of works as required by this tender may be
changed at the discretion of the Township as may be necessary due to budgeting
constraints or in the best interest of the Township. Should the Township exercise this
option, the unit prices bid shall prevail with no additional claims to be considered by
the Township.
13. Proposal Evaluation
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
omissionsif,in doingso,the bestinterestofThe Townshipwill be served.
14. Evaluation Criteria
It is the responsibility of the proponents to provide sufficient information in the
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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
2 Company Background and Relevant 25
Experience
3 Budget 20
4 Work Plan,Methodologies, Timelines 30
Client References
5 10
Total Available Points 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 have completed
work of a similar nature for municipalities, since January, 2015 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. The 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.
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 /25
Priority Factor: 4X
3. Budget: 1 2 3 4 5 /20
Priority Factor: 4X
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4.Work Plan, Methodologiesand Timelines:1 2 3 4 5 /30
Priority Factor: 4X
5. Client References: 1 2 3 4 5 /10
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.
15. 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.
16. Presentation & Interview
The Township reserves the right to interview any or all of the Proponents thatsubmit a
Proposal to provide the EvaluationCommittee with additional insight into the
Proponent’s ability to meet the requirements as requested in the RFP. If required, the
interviews would be conducted by representatives of the Evaluation Committee at the
and shall follow this general format:
a. Introductionof Proponent’s ProjectTeam (5 minutes)
b. ProponentPresentation of the Proposal (15 minutes)
c. Questions from Evaluation Committee (15 minutes)
d. Questions from Proponents (5 minutes)
Proponents will be notified of the final format for interviews/presentations in advance.
Interviews will take place via a scheduled Zoom Meeting.
17. Award Determination
Consideration for award shall onlybe undertakenin relation to Proponents who are
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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 acceptanceof 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 ofwork.
iii.Recommend acceptance or rejection ofany and all Proposals, whether in whole or
in part;
iv.Recommend acceptanceor 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;
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.
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18. Execution of Award
TheSuccessful Proponent, if any, shall sign the Contract in triplicate (3), within seven
(7) calendar days of written notification of acceptance.
Thefollowing completed documents,as listed,shallbe submitted priorto 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.
19. 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.
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.
The Township reserves the right to include additionalterms and conditions during the
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.
20. Alternative Dispute Resolution.
(a) If requested in writing by either the Township or the Proponent,the Township and the
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Proponent shall attempt toresolve 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) The provisions of the Arbitration Act, 1991, S.O. 1991, Chapter 17, as amended shall
apply.
21. 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.
22. 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;
have experience with clients requiring services of a similar scope and complexity
as theTownship of Oro-Medonte and provide contact details for these clients.
23. 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.
24. 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.
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25. 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.
26. 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.
27. Proponents Expenses
Proponents are solely responsiblefor their own expensesin 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.
28. 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.
29. 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.
Prices documented shall be net pricesincluding transportation and delivery chargesfully
prepaid by the Proponent to any specified destination within the limits of the Township,
unlessabreakdownis requestedon 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.
30. 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 of Privacy Act
(“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
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Proposalwill become the property of the Township and as suchis 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.
31. 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.
32. 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
taking early payment discounts otherwise applicable.
33. 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.
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ii. The Successful Proponentshall be entirely responsible for the cost of any
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.
34. 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
categorized under Class G: Construction, the Successful Proponent must submit a
letter from the WSIB, confirming that s/he has Independent Operator Status under the
WSIBAct.Ifthe Successful Proponent does not have Independent Operator Status, the
Successful Proponent shall;
I. Completean Independent Operator Status Questionnaire upon being 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 WSIBor the
successful Proponent’s insurance provider).
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
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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.
35. 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;
36. 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.
37. 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
forgoing, loss or damage to property, injury or the death of any persons, alleged
copyright, patent or other intellectual property rights infringement or interference,
defective design or damage to the environment.
38.Force Majeure
Neitherparty shall beresponsible forany delayorfailure to performits obligations under
the Contract where such delay or failure is due to fire, flood, explosion, war, embargo,
Governmentalaction,ActofPublicAuthority,ActofGod,ortoanyother 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.
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39. Severability
Shouldanyterm orportionof this Contractbe found tobe invalidor unenforceable, the
remainder shall continue to be valid and enforceable.
40.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.
41. Termination by Notice
TheOwner may terminatethis contract atany time uponnotice 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.
42. 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;
d. At any time if a Force Majeure event preventing performance of the Contract by
either party continues for longer than thirty (30) consecutive days; or
e. As otherwise provided in this 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.
43. 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.
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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.
Shouldtheperiod ofsuspensionof theWork,in wholeor inpart,last longerthan 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.
44. 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.
45. Failure to Comply with 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.
46. Evaluation of Performance
Atprojectcompletion, theTownshipwillconduct anevaluation ofthe 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
as to 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
trafficcontrol,compliancewithall WSIBprovisions,maintenanceofemployeesafety
standards, compliance Ministry of Labour regulations. The evaluation shall be placed on
file and a copy will beprovidedto theProponent. This informationmay be made
available to persons requesting Owner references for the Contract.
The Proponent hereby authorizes the maintenance and release of this information.
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47. Time is of the Essence
TheOwner shallhave the rightto cancel at any time anyproject or anypart 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”.
48. Safety Standards
Itis the responsibility of the Successful Proponent to Work in a safe andorderly manner
so as not to constitute any safety hazards.
49. Non-Waiver
Nocondoning, excusing or overlookingby theOwner 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.
50. 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.
51. 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
on a 24-hour basis in case of an emergency during the term of the Contract.
52. 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.
53. Confidentiality of Information
Proponents receiving this RFP maynot use, disclose, orduplicate it for any purpose
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other than to prepare a response.Proponents shall keep the Township data confidential
and shall not disclose its content toanyotherparty,otherthantothoseinternal
employees or agents responsible forpreparing a submission, without the 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 oftheTownship.
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.
54. 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;
hasa director indirectfinancial interest inthe awardoftheContract to any
Proposal(s);
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).
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Ifa Proponent(s) discovers, at anytime, any perceived, potential, or actual Conflicts of
Interest, the Proponent(s) shall promptly disclose the Conflict ofInterestbysendinga
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.
55. 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
materials that may be awarded as a result of this RFP. It is understoodthat the
Successful Proponent will act as an independent contractor.
56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216
Itis the responsibility of all Proponents tobecome familiar with and comply with The
Township of Oro-Medonte 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
57. Working Language
The working language of the Township of Oro-Medonte is English and all responses to
this Request for Proposal must be English.
58. Intellectual Property
All information and data, in any form,together with all designs or materials capable of
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intellectualproperty protection, prepared, developed or created by the Proponent, its
employees or agents during the performance of and/or pursuant tothisworkshall
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.
59.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. What todo if a person with a particular type ofdisability is having 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 oftraining datesand attendees maybe requiredto be submittedto the Township
prior to the commencement of any work.
60. Township of Oro-Medonte Payment Terms
The Township payment terms are30days from receipt of Invoice.
HarmonizedSales Tax (HST)is an extraand shall be identified separately in the
Contract Documents and on all invoices.
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Contract Payments
1. Progress Payments
Monthly statements are to be prepared based on the progress in completion of
each component.
2. Progress Reports
Progress report timelines shall be discussed, they will need to be submitted by the
Consultant in a format acceptable to the Township and include, but are not limited
to the following information:
i.Work progress in the form of a Gantt Chart showing the baseline
schedule and the percentage completion to date of each task/activity and
the overall percentage progress of the Contract;
ii. Areas where progress are on or ahead of schedule and areas where
progress are behind schedule;
iii. Measures taken/proposed to be taken, where necessary, to bring the
work progress back on schedule;
iv. Any claims for extension of time due to unforeseen circumstances or
extra payment due to changes in contractual obligations during the
previous payment period; and
v. Payments may be deferred, at the Township’s option, until the progress
reports are submitted to the Township (payment is Net 30 days)
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PartIIIFormofProposal
FormofProposal
Township of Oro-Medonte
148 Line 7 South, Oro-Medonte, ON L0L 2E0
RFP#: CS 2020-03
Employment Land Strategy
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
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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.
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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)declaresthatthere isnot anactualorpotentialConflictof
Interest relating tothe preparation of its Proposal and/or the Proponent(s) do not
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
Interestrelatingtothe preparationofits Proposal, and/or the Proponent(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.
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To The Corporation of the Township of Oro-Medonte, hereafter called the
"Owner":
I/Wethe
undersigned declare:
1. That I/We represent that no person, firmor organization, other than the
Proponent, has any interest in this Proposal or in the proposed Contract for which
said Proposal is made.
2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of
Interestrelating to the preparation of this Proposal and/or I/We do not foresee an
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. That I/We do hereby propose and offer to enter into an agreement to supply and
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
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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.
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The undersigned affirms that he/sheis duly authorized to execute this Proposal.
Proponent's Signature and Seal:
(Ihaveauthority tobind the
company) Position:
Witness: (If not
under seal)
Position:
(IfCorporate Sealis notavailable, documentationshall bewitnessed)
Datedatthe
(City/Township)
This day of 2020.
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Schedule I – Budget
Employment Land Strategy
The Total Proposed Pricing shall beall inclusive, including but notlimited to, mileage,
disbursements, andtravel time. Please include a breakdown of costs.
Description Price
Employment Land Strategy
$
Subtotal $
HST $
Total Proposed Pricing $
The Total Proposed Price (excluding HST):
Dollars
($ ),
in lawful money of Canada.
Inserted price inwords take precedence over numeric
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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 for a previous 5 (five) year period fromthe issuance of this
document.
Project Name:
Companyfor whomthe workwas completed:
On theprojectdid yourfirm act as:
Prime Consultant Sub Consultant
Valueof your portion of the project?Date of Completion of this project?
ContactName atthe owner’s facility:Contact’s Email Address:
Telephone Number with Area Code: Fax Number withArea Code:
Project Name:
Companyfor whom the work was completed:
n 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 whomthe workwas 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:
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ReferenceReleaseForm
I(authorized signatory for the Proponent)
authorizethe Township to contactthe personand/or organization listed on the List of
References,for the purposeof obtaininginformation relatingto theProponent and
Project.
The Township reservesthe right to call references if in its sole discretion finds a need
to do so.TheTownshipreserves theright to checkotherreferencesotherthan 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.
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PartIVAgreement
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PartIVAgreement
Draft –Amended Upon Award
Terms and Conditions of Professional Services Agreement (Short Form)
This Agreement made this dayof 2020.
Between
TheCorporationoftheTownshipofOro-Medontehereinafter calledthe“Owner”,
And
hereinafter called the “Proponent”
Whereas the Owner hasawarded to the Proponent the Proposal for;
Employment Land Strategy
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 2020.
Scope of Work
1. The Corporation of the Township of Oro-Medonte (“Township”) hereby retains the
Consultant/Contractor to providethe Services as specified below and in the
Township’s Request for Proposal document (“RFP”) under the general guidance
and direction of the Township:
The Proponent shall provide the Township withdetails for the Employment Land
Strategyas detailed inthe Project Terms of Reference Sections 4 through 6of RFP
# CS 2020-03.
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.
Fees andDisbursements
1. The Township shall pay to the Proponent as full payment and compensation for
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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. Duringthe term of the Agreement, the prices quoted by the Proponent are 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. Provided that the Consultant isnot in default of its obligations under the
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/orMunicipalstatutes,regulations,policiesandguidelines
thereunder and agrees to comply with, and cause to be complied with, the
provisions thereof as such statutes,regulations,policiesandguidelinesmay 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,
damaging to the environment or contrary to the provisions of any applicable
statutes, regulations, policies or guidelines.
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PartIVAgreement
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Records and Audit
1. TheTownshipshall have the right to audit allbooks 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.
Quality Control and Quality Assurance
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
undertakes a change or deviation in the scope of Services without the prior
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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. Inadditiontothe rightssetforthabove,theTownshipshallhave theright
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
shall terminate as of the date of the any such event and the Township shall pay
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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. All duties and obligations of the Consultant with respect to Services provided
up toand includingthe dateof termination shallsurvive terminationof 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
that are professional in nature and thereby excluded under the CGL
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policy.
Theform ofall insurance tobe provided herein,shall in all respects besatisfactory
to the Township’s Director, Finance/Treasurer/Deputy CAOand shallbe
maintained continuously from either the commencement of the services or the
signing of the Agreement,whichever issooner. The policiesshall beendorsed to
provide theTownship withnot lessthan 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,andmade part of,theAgreement.
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.
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PartIVAgreement
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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:
presenceof(ifpractical);)
) Position:
) (I have authority to bind the Company)
)
) Witness:
) (If not under Seal)
)
) Owner
)
) Per:
Witness ) H.S. Hughes,Mayor
)
)
) Per:
) Janette Teeter, Deputy Clerk
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Part VAppendices
Part VAppendices
Proponent Payment Information
Accessibility for Ontarians with Disabilities (AODA)
Contract Change Orders
Letter ofCredit
Noticeof“No Proposal”
Submission Label
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Part VAppendices
Payment
Information
Vendor Name:
Please Note: The Township currently uses a Direct Deposit form for payment. If you
are the successful Proponent, you can find more information here:
Vendor Direct Deposit Form
Alternately, 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 60
Page 159 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
Accessibilityfor Ontarians with Disabilities (AODA)
The Accessibility for Ontarians withDisabilities Act, 2005andRegulationsunder this
enactedto improve accessibilityfor personswith disabilities. This legislation
Act were
applies to public sector organizationssuch as theCorporation of the Township of
Oro-Medonte as well as to
private companies andorganizations that provide goods
andservicesonbehalfoftheTownship.
TheTownshipofOro-Medonteiscommittedtoensuringlegislative complianceand
providing persons with disabilities consistent opportunity and access to Township
goods, services, and facilities. Accordingly, the Township hasadoptedpolicies,
procedures, and practices that address integration, independence, dignity,andequal
opportunity.
The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07) was
developed to ensure that all customers can accessgoodsandservices and that their
individual disability needs are met while accessinganorganization’s goodsand
services. This Regulation requires that obligated organizations ensure thatevery
person who deals with members of the public or other third parties on their behalf,
whether as an employee, agent, volunteer, or otherwise, receives training. The
Regulation outlines the required training components. All public sector and private
organizations were required to comply withthis Regulation by January 1,2012.
The Integrated AccessibilityStandardsRegulation (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 andprivate businesses mustcomplywith
this Regulation. Commencing in 2014,organizations must ensure thattraining is
provided on the requirements of this Regulation and theOntario Human Rights Code
as it pertains to personswith disabilitiesto all employees, volunteers and those who
provide goods,services or facilities on behalf of the organization.
The Township of Oro-Medonte and all agentsand contractorsmust comply with
the OADA and its Regulations. Failureto complywith 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 theActandits 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 60
Page 160 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
AODA Declaration Form
I, theundersigned, insubmittingtheAccessibility Compliance Form(thereinafter
“form”) to the Township of Oro-Medonte dohereby makethefollowing statements
that I certify to be true and complete in every respect. I certify, on behalf of
(Corporate Name of Proponent, thereinafter
“Proponent”) That
1. I haveread andunderstand the contents of this form;
2.Iunderstandthat ifthis formis foundnot tobe trueand completein 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 2020.
Page 53 of 60
Page 161 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
Contract Change Order Sample
CONTRACT CHANGE ORDER NO.
DESCRIPTION: ____________________ PURCHASE ORDER No.: _________________
REQUESTED BY: ___________________ DEPARTMENT: _________________________
The following description of work(s) and/or material(s), associated cost(s) have been approved and agreed upon by
both signing parties;
The authorized changes, as stated, are subject to all provisions of the contact:
1. Revised Contract Price $
2. HST $
3. Sub Total Extra’s $
With a completion and/or delivery date of _________________ / ___________________ weeks.
Made this ___________________ day of _______________________________20__________.
Original Contract Price: $
THE ABOVE MENTIONED CONTRACT IS HEREBY AMENDED BY SUM OF:
With a completion and/ or delivery date:
The Corporation of the Township of Oro-Medonte Consultant/Supplier
PER:_____________________________ PER:
POSITION: _______________________ POSITION:
Page 54 of 60
Page 162 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
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 n
ew 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
be in accordance with the Contract (see Section of the General Conditions
Page 55 of 60
Page 163 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
headed"Valuation of Variations.").
7. Only related changes are to be included in the same change order. Unrelated
items should be covered by separate change orders.
8. Change orders should be submitted promptly to the Owner 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. The Consulting Engineer should give careful consideration to the matter of
whether an extension of the Time forCompletionshouldbegivenonaccountof
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 60
Page 164 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
Proposal Irregularities
Item Irregularity Response
1 Late Proposals
Automatic rejection, not read publicly and
returned unopened to Proponent
2 Unsealed Envelopes (Tenderor Automatic rejection
Other)
3Amount on deposit cheque incorrectAutomatic 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 Automatic rejection
Proposals not completedin Ink,
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 Proposals received on documents Automatic rejection
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 Documents in which all necessary Two (2) business days to acknowledge
Addenda, which have informational
content, have not been
acknowledged
14 Proposals received on documents Automatic rejection
other than those provided in the
Form of Proposal by the
Township of Oro-Medonte
Page 57 of 60
Page 165 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
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 58 of 60
Page 166 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
27
Unit prices in the schedule of prices 1. Two (2) business days to
have been changed but not initialed correct initial errors. The
Township ofOro-Medonte
reserves the rightto waive
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 59 of 60
Page 167 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
Background Documents and Resources (available on Township website or upon
request)
Economic Development Strategy
Corporate Strategic Plan 2015-2018
Township of Oro-Medonte Official Plan
County of Simcoe Offical Plan
Township Zoning By-law
Industrial/Employment Lands Map
Page 60 of 60
Page 168 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
3
of
1
Page
Medonte
-
2020
Oro
of
Issued July 23,
Township
3
0
-
the
July 31, 2020
ADDENDUM #1
of
2020
CS
REQUEST FOR PROPOSAL
RFP #
The Corporation
Please be advised of the following Q&A for the above RFP
Page 169 of 226
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
3
f
o
of
e
2
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o
tak
e
l
b
wh
o
,
Page
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.
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submissio
.
an
ith a phased
t
”
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)
join
Propone
a
page 8
)
based on forecast based on forecast
s
i
(1
Proponent
l
e oponent
d
r
P
single Proposa
on
d
y
, a
b
s
Proposa
d
Answer
“Lea
e
e
Definition #15
th
all associate
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-
a
use the 2051 forecast
fo
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submitte
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Proponent
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P
mor
page 10 Scope of the project from:
r
o
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term vision (up to 20 years) with a phased term Employment Land needsterm Employment Land needs
term vision
---
be identifie
-
(2
l
responsibilit
ol
Change The anticipated outcome will include a recommended longapproach, including future employment needs and employment policies.The successful Proponent will provide: An assessment
of longland demand against land supply in accordance with the policies of A Place to Grow and the Simcoe County Official PlanThe successful Proponent will provide: An assessment of
longland demand against land supply in accordance with the policies of A Place to Grow and the Simcoe County Official Plan
To this:The anticipated outcome will include a recommended longapproach, including future employment needs and employment policies.
Reference twcoordinateshalfulAdditionally r
Question
consultants?
-
sis to project out to 2051?
Considering the directions from Amendment 1 of A Place to Grow, does the Township need the employment land needs analyAre the proponent information form and form of proposal to be submitted
by both the Lead and Sub
As per RFP term vision (up to 20
term Employment
-
-
based on forecast land
The anticipated outcome will include a recommended longyears) with a phased approach, including future employment needs and employment policies.The successful Proponent will provide:
An assessment of longLand needsdemand against land supply in accordance with the policies of A Place to Grow and the Simcoe County Official Plan
––
Employment Land Strategy
RFP
Reference
Page 170 of 226
Page 10 Scope of the ProjectPage 12 Contents of theProposal
11.f) CS2020-21, Jennifer Whitley, Coordinator, Communications/Economic ...
3
of
3
Page
in GIS format based on
available
map data can be
the
Yes request from the proponent.
The Township is requested to confirm if the mentioned map / data is available in GIS format.
Industrial / Employment Lands map
Page 171 of 226
Page 60 Background documents andresources
14.a) Announcements of Interest to the Public: Notice of Full Bridge Clo...
!
!
MTO Contract 2019-2012 Hwy 11, Oro Line 5 Underpass, Oro Line 9 Underpass, Grouse
Creek Culvert, Non-Structural Culverts
!
!
RE: Notice of Full Bridge Closures at Oro-Medonte Line 5 and Line 9, Hwy 11
Underpass
!!
Dmfbsxbufs!Tusvduvsft!Jod/!jt!xsjujoh!up!bewjtf!sftjefout!pg!uif!vqdpnjoh!gvmm!spbe!dmptvsft!pg!
Psp.Nfepouf!Mjof!6!bu!uif!Ixz!22!csjehf-!bt!xfmm!bt!Psp.Nfepouf!Mjof!:!bu!uif!Ixz!22!csjehf!
gps!csjehf!dpotusvdujpo/!!
!
Psp.Nfepouf!Mjof!6!csjehf!pwfs!Ixz!22!xjmm!cf!dmptfe!bu!Mjof!6!Tpvui!boe!Mjof!6!Opsui-!bddftt!
up!exfmmjoht!boe!cvtjofttft!xjmm!cf!hsboufe!up!mpdbm!usbggjd!pomz/!!Dspttjoh!pg!uif!csjehf!xjmm!cf!
qspijcjufe!evf!up!dpotusvdujpo!pqfsbujpot/!!Uif!dmptvsf!xjmm!cfhjo!Nbsdi!27-!3131!boe!cf!jo!
fggfdu!voujm!Opwfncfs!31-!3131/!!Pwfsqbtt!csjehft!bu!Psp!Mjof!4-!8!boe!22!bsf!gvmmz!pqfo!boe!dbo!
cf!vtfe!bt!bmufsobuft/!
!
Psp.Nfepouf!Mjof!:!csjehf!pwfs!Ixz!22!xjmm!cf!dmptfe!bu!Mjof!:!Tpvui!boe!Mjof!:!Opsui-!bddftt!
up!exfmmjoht!boe!cvtjofttft!xjmm!cf!hsboufe!up!mpdbm!usbggjd!pomz/!!Dspttjoh!pg!uif!csjehf!xjmm!cf!
qspijcjufe!evf!up!dpotusvdujpo!pqfsbujpot/!!Uif!dmptvsf!xjmm!cfhjo!Nbsdi!27-!3131!boe!cf!jo!
fggfdu!voujm!Opwfncfs!31-!3131/!!Pwfsqbtt!csjehft!bu!Psp!Mjof!4-!8!boe!22!bsf!gvmmz!pqfo!boe!dbo!
cf!vtfe!bt!bmufsobuft/!
!
!
!
!
Head Office 397 Frankcom Street, Ajax, Ontario, L1S 1R4
Tel: 905-686-5203 Fax: 905-686-4763
Page 172 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
Nottawasaga Valley Conservation Authority
04-20-BOD
MINUTES
June 26, 2020
9:00 a.m. -12:00 p.m.
Virtual Meeting Via WebEx
Present:
Councillor Keith White, ChairEssa (Township)
Councillor Gail LittleAmaranth (Township)
Councillor Mariane Mcleod, Vice-Chair Collingwood (Town)
Mayor Don AllenSpringwater (Township)
Councillor Margaret MercerMelancthon (Township)
Deputy Mayor Bob MeadowsAdjala-Tosorontio (Township)
Councillor George Watson, Past Chair Wasaga Beach (Town)
Councillor Thom PatersonClearview (Township)
Councillor Andrea MatrosovsBlue Mountains (Town)
Councillor Ralph ManketlowMono (Town)
Councillor Dane NielsenGrey Highlands (Municipality)
Councillor Donna JebbNew Tecumseth (Town)
Councillor Shirley BoxemMulmur (Township)
Councillor Gary HarveyBarrie (City)Departed 10:48 am
Councillor Rob NicolInnisfil (Town)
Councillor Cathy KeaneOro-Medonte (Township)
Councillor Walter BenottoShelburne (Town)Departed 10:10 am
Regrets:
Councillor Raj SandhuBradford West Gwillimbury (Town)
Staff:
Doug Hevenor, Chief Administrative Officer; Chris Hibberd, Director Watershed
Management Services; Byron Wesson, Director Conservation Services; Sheryl
Flannagan, Director Corporate Services;Kate Thomson, Regulations Technician;
Daniel Dyce, Regulations Technician; Mark Hartley, Senior Engineer; Haleigh
Ferguson, Executive Administrator/Recorder
1.CALL TO ORDER
Chair White Called the meeting to order at 9:01 a.m.
Page 173 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
2.DECLARATION OF PECUNIARY AND CONFLICT OF INTEREST
None declared.
3.MOTION TO ADOPT AGENDA
Moved by: Cllr. Gail Little Seconded by: Mayor Don Allen
RES: 31-20
RESOLVED THAT:the agenda for the Board of Directors Meeting #04-20-
BOD dated June 26,2020 be approved.
Carried;
4.ANNOUNCEMENTS
a.A reminder to all Board members that there is no scheduled meeting for the
month of July. Our next meeting will be held on August 28, 2020, or at the
call of the Chair.
b.Chair White will go over proper voting protocol.
5.PRESENTATIONS
Kate Thomson, Regulations Technician will conduct a presentation on NVCA's
Planning and Regulations Database.
Moved by: Cllr. Margaret Mercer Seconded by: Deputy Mayor Bob Meadows
RES:32-20
RESOLVED THAT:the Board of Directors receive the presentation on NVCA's
Planning and Regulations Database.
Carried;
6.DEPUTATIONS
There wereno deputations for this meeting.
7.DELEGATIONS
There wereno delegations for this meeting.
8.HEARINGS
There are no hearings for this meeting.
9.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Board Members are requested to identify items from the Consent List that
they wish to have considered for separate discussion.
Page 174 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
10.ADOPTION OFCONSENT LIST AND IDENTIFICATION OF ITEMS
REQUIRING SEPARATE DISCUSSION
Moved by: Cllr. George Watson Seconded by: Cllr. Thom Paterson
RES: 33-20
RESOLVED THAT:agenda item number C-3, wasidentified as requiring
separate discussion, be referred for discussion under Agenda Item #9; and
FURTHER THAT:all Consent List Agenda Items not referred for separate
discussion be adopted as submitted to the board and staff be authorized to
take all necessary action required to give effect to same; and
FURTHER THAT:any items in the consent list not referred for separate
discussion, and for which conflict has been declared, are deemed not to have
been voted on or discussed by the individual making the declaration.
Carried;
11.CONSENT LIST
a.Adoption of Minutes
i.Approved by Consent.
RESOLVED THAT: the minutes of the Board of Directors Meeting 03-20-BOD
dated May 22, 2020 be approved.
Carried;
ii.Approved by Consent.
RESOLVED THAT:the minutes of the NottawasagaValley Source Protection
Authority 01-20-NVSPA dated May 22, 2020 be approved.
Carried;
b.Correspondence
i.Letter dated May 28, 2020 written by Chair of Conservation Ontario
regarding Implementation Agents, for Stimulating a More Resilient,
Sustainable and Green Canadian Economy.
ii.Letter dated June 3, 2020 written by Chair of Conservation Ontario regarding
Conservation Authorities Next Steps.
iii.Letter dated June 8, 2020 written by Terry Dowdall, MP Simcoe-Grey,
regarding Letter of Support for Nottawasaga Valley Conservation Authority.
Page 175 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
c.Staff Reports
i.Staff Report No. 16-04-20-BOD from Regulations Technician Dyce, regarding
Permits and Approvals issued by Staff for the Period of December 2, 2019 to
June 5, 2020.
Approved by Consent.
RESOLVED THAT:the NVCA Board of Directors receive Staff Report No. 16-
04-20-BOD that summarizes the permits and approvals issued by staff for
the period of December 2, 2019 to June 5, 2020.
Carried;
ii.Staff Report No. 17-04-20-BOD from Communications Coordinator, regarding
NVCA Communications -May 9, 2020 -June 12, 2020.
Approved by Consent.
RESOLVED THAT:Staff Report No. 17-04-20-BOD regarding NVCA
Communications –May 9, 2020 –June 12, 2020, be received.
Carried;
iii.Staff Report No. 20-04-20-BOD from Senior Engineer and Water Resources
Engineer regarding NDMP Wasaga Beach Flood Mapping Project Progress
Report.
Moved by: Cllr. Gail Little Seconded by: Cllr. Andrea Matrosovs
RES: 34-20
RESOLVED THAT:the Board of Directors receive Staff Report No. 20-04-20-
BOD for information.
Carried;
12.OTHER BUSINESS
-A discussion was had on the correspondence between Conservation
Ontario and the Province of Ontario.
-Adiscussion commenced on the changes to regulations with taking on
water in municipalities, and how conservation authorities should pay
close attention to this matter.
13.IN-CAMERA
Moved by: Mayor Don Allen Seconded by: Cllr. Margaret Mercer
RES: 35-20
RESOLVED THAT:this meeting of the Board of Directors No. 04-20-BOD
moveinto closed session at 10:28 a.m. to address matters pertaining to:
Page 176 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
a) Litigation, or potential litigation, including matters before administrative
tribunals, affecting the authority.
-NVCA Legal Status Update
b) Personal matters about an identifiable individual, including Authority staff.
-Chief Administrative Officer setting of goals and objectives for 2020.
FURTHER THAT:the Chief Administrative Officer, Director Corporate
Services, Director Watershed Management Services, Director Conservation
Services, and Executive Administrator be in attendance for item a) for
recording and speaking purposes; and
FURTHER THAT:the Director Corporate Services be in attendance for item
b) for recording and speaking purposes.
Carried;
14.OUT OF IN-CAMERA
Moved by: Deputy Mayor Bob Meadows Seconded by: Cllr. George Watson
RES: 36-20
RESOLVED THAT: the Board of Directors rise from in-camera at 10:54 a.m.
and report progress.
Carried;
Moved by: Cllr. Thom Paterson Seconded by: Cllr. Ralph Manktelow
RES: 37-20
RESOLVED THAT: the Board of Directors receive Staff Report No. 18-04-20-
BOD regarding the NVCA Legal Status Update.
Carried;
Moved by: Cllr. Dane Nielsen Seconded by: Cllr. Shirley Boxem
RES: 38-20
RESOLVED THAT:the Board of Directors receive Report No. 19-04-20-BOD
regarding the CAO’s Performance Management Program for 2020, Part 3 -
Work Objectives, Prioritized Goals # 1 to # 6.
Carried;
15.ADJOURN
Moved by: Cllr. Donna Jebb Seconded by: Cllr. Gary Harvey
RES: 39-20
RESOLVED THAT:this meeting adjourn at 10:59 a.m.to meet again on
August 28, 2020 or at the call of the Chair.
Carried;
Page 177 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
NVCA Board Meeting Highlights August 28, 2020
Next Meeting: September 25, 2020, location to be determined
For the full meeting agenda including documents and reports, visit nvca.on.ca/about/boardofdirectors
The August 28, 2020 board meeting was held
NVCA is attempting to mitigate losses as much
electronically through WebEx, and streamed on
as possible to reduce deficit. Some actions
YouTube for public viewing due to COVID-19
include the emergency layoff of 15 out of 50
restrictions.
staff, delaying capital expenditures and shifting
work originally planned to be completed by
Our next scheduled board meeting will be held
contractors to be completed by staff.
on September 25, 2020.
Staff anticipates a deficit of $100,000 by the
Deputation from Paul Neal from
end of 2020 and will be taking funds out of
Orion Environmental Solutions
reserves to cover the deficits.
Paul Neals from Orion Environmental Solutions
Conservation Ontario is currently acting on half
addressed the board on behalf of Hamount of all Conservation Authorities to determine if
Investments regarding the fee of $13,000.00 there would be relief coming from the Province
that was charged for Block 24 in the Stone of Ontario.
Bridge Development in the Town of Wasaga
Beach.
2020 NVCA Asset Management Plan
Hamount Investments felt that the amount
The Board approved
charged was too high and requested a
Management Plan.
deputation in front of the NVCA Board of
The development of an asset management plan
Directors to seek relief from the full fee.
NVCA staff will provide more details regarding
and fiscal responsibility framework, as it guides
this deputation in a staff report for the
the purchase, use, maintenance, and disposal
September 2020 Board Meeting.
of every asset NVCA needs in order to conduct
business a
2020 Second Quarter Budget Report
Preliminary Budget Guidance
Due to the COVID-19 pandemic, NVCA suffered
a $73,000 deficit in the first six months of
The NVCA Board of Directors approved the
2020. This is mainly due to several
preliminary budget guidelines to increase
departments being negatively impacted by the
municipal levy by 1.5%.
pandemic, including Education and Lands
This number was developed after considering
(parking, weddings, Spring Tonic festival, other
factors like the COVID-19 pandemic, provincial
events).
transfer payment from the Ministry of Natural
NVCA was also not qualified to receive relief
Resources and Forestry, economic factors, and
from any government grants, including the
the board direction to replenish reserves to
25% - 30% of the operational budget.
grant, or the payout from the federal
government.
th
8195 8 Line, Utopia, ON, L0M 1T0 705-424-1479 admin@nvca.on.ca
www.nvca.on.ca
Page 178 of 226
14.b) Nottawasaga Valley Conservation Authority, re: Minutes of June 26,...
Based on this approval, staff will prepare a
draft budget for Board consideration for the
September Board Meeting. The draft budget will
be circulated to member municipalities after the
September meeting for a 60-day review and
consultation process. Staff will present to
Municipal councils if requested during this time.
The final budget will be presented to the Board
of Directors at the December meeting for
approval.
2020 2030 Land Securement
Strategy
The NVCA Board of Directors approved the
2020 2030 Land Securement Strategy.
mission and goals by securing interests in land,
both through purchase and holding rights to
property, thereby protecting ecological and
flood hazard areas from potential future
development and incompatible uses (e.g.
intensive agriculture).
With the updated Land Securement Strategy
NVCA can move towards an achievable goal of
securing more ecologically significant lands in
the watershed.
Where possible, the rehabilitation and
restoration of degraded land will be
implemented by NVCA and other partners.
Further, working with farmers and the Ontario
Farmland Trust can help bridge the
preservation of both ecologically significant and
prime agricultural lands.
For the full Land Securement Strategy, please
visit the NVCA website.
Upcoming events
There are no upcoming events.
th
8195 8 Line, Utopia, ON, L0M 1T0 705-424-1479 admin@nvca.on.ca
www.nvca.on.ca
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14.c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Ch...
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14.c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Ch...
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14.c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Ch...
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14.c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Ch...
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14.c) Correspondence dated August 11, 2020 from Kelly Seymour, Board, Ch...
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14.d) Correspondence dated August 19, 2020 from Anita Dubeau, Chair, Sim...
August 19, 2020
The Honourable Christine Elliott
Deputy Premier
Minister of Health and Long-Term Care
Hepburn Block
80 Grosvenor Street, 10th Floor
Toronto, ON M7A 2C4
Dear Minister Elliott:
On behalf of the Board of Health for the Simcoe Muskoka District Health Unit I commend the
provincial government for its leadership in bringing COVID-19 under control throughout Ontario.
Through the definitive leadership of the provincial government, and with the concerted action
of local public health units, Ontario has achieved a cumulative incidence of disease that is less
than half of our neighbouring states, and a daily incidence at present that is less than 10% of
theirs. The rapid action of the province putting in place public health measures in March, and
their careful withdrawal since that time have been essential to our success. Also essential has
been the redirection of almost all the resources within local health units to enable the timely
identification of cases and their contacts for home isolation, management of outbreaks in
workplaces, Long Term-Care facilities and retirement homes, and the provision of guidance and
direction to municipalities, businesses, organizations and the general public supporting physical
distancing, hand hygiene, and face coverings. All of these actions have enabled our communities
to flatten the curve without which we would have had the same experience as our neighbouring
jurisdictions to the south.
Local public health units, with the leadership of their boards of health, are completely dedicated
to the successful control of COVID-19 moving forward until our provision of mass vaccination
and with it the hoped-for end to the pandemic. If necessary, we will continue this struggle for
years.
In order to continue to be successful, additional resources are needed, and the promise of
additional resources by the province has been very much appreciated. This includes the $100
million to public health communicated earlier in the year (the COVID-19 Extraordinary
Expenses), and recently the $50 million (500 nurses) for the public health support to the
recommencement of the schools (the School-Focused Nurses).
This additional funding will be essential to enable the success of the local public health response
to the pandemic; however, its timely provision is also critical to our success. Through
communication with Ministry of Health staff we have learned that the COVID-19 Extraordinary
Expenses will be provided late in 2020 as reimbursement for extraordinary expenditures related
to the pandemic response. This approach requires boards of health to take on these
expenditures throughout the year without certainty as to the actual amount that they will be
reimbursed. Some boards do not have reserve funds, and others have depleted their reserves
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14.d) Correspondence dated August 19, 2020 from Anita Dubeau, Chair, Sim...
already in their response(including our Board of Health). Without the provision of the funds at
this time, these boards will not be able to maintain the level of their response needed to fully
control COVID-19. In addition, the boards have been instructed to proceed with hiring the
additional School-Focused Nurses without having the additional funding at this time required to
do so; those boards that do not have remaining reserve funds will not be in a position to do so
until they receive these additional funds.
Local public health has performed extraordinary work with the province to flatten the curve,
and to enable the opening of the economy and soon the school system. This is a critical time for
us all as we strive to maintain these achievements while avoiding a resurgence of cases that
would threaten these gains. Therefore, the Board of Health urges the immediate provision of
the funding allocations to local boards of health regarding the COVID-19 Extraordinary Expenses
and for the School-Focused Nurses in order to enable a response by local public health units that
is unobstructed by local financial shortfalls.
Thank you for your consideration of this request, and for your exemplary leadership.
Sincerely,
ORIGINAL Signed By:
Anita Dubeau, Chair
Simcoe Muskoka District Health Unit Board of Health
AD:CG:cm
cc. Dr. David Williams, Chief Medical Officer of Health
Loretta Ryan, Executive Director, Association of Local Public Health Agencies
Ontario Boards of Health
Mayor and Council of Simcoe and Muskoka
Members of Provincial Parliament for Simcoe and Muskoka
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
INFORMATION BRIEFING NOTE
Great Lakes Water Levels
Impacts and Recommended Actions for the Severn Sound Area
Purpose
In response to significant damages to municipal and private property due to high water levels
on Georgian Bay, the Township of Tiny, Town of Penetanguishene, Town of Midland and
Township of Tay and Severn Sound Environmental Association are seeking support for a
number of actions that will assist Severn Sound shoreline municipalities build resilience and
manage challenges caused by significant water fluctuations (both high and low).
Background
Severn Sound is a group of bays located in southeastern Georgian Bay, Lake Huron and was
delisted as a Great Lakes Area of Concern (AOC) in 2003, one of only 3 of the 17 Canadian
The Township of Tiny, Town of Penetanguishene, Town of Midland
and Township of Tay are 4 of the 8 founding members of the Severn Sound Environmental
Association (SSEA), a watershed based Joint Municipal Service Board under the Municipal Act
(Section 202) founded in 1997. The SSEA is not a conservation authority and the majority of
our watershed is not within conservation authority jurisdiction.
Included in the variety of services the SSEA provides, SSEA works with 8 municipal partners
as well as partnering with the Federal and Provincial Governments to provide cost effective
environmental monitoring in the Severn Sound area including coordinating monitoring of
Georgian Bay water levels at Midland Bay and climate monitoring. In July 2020, water levels of
Lakes Michigan-Huron exceeded the monthly mean record high level for the fifth month in a
row. Lakes Erie, Superior and Ontario were above their long-term averages, indicating that
Great Lakes Basin-wide factors play a role in high water levels.
The 100 year flood level for the Severn Sound and Township of Tiny coastal section of
Georgian Bay, as calculated by Ontario Ministry of Natural Resources and Forestry (MNRF)
Great Lakes Technical Guide, is the 178.0 m above sea level (masl) elevation. Several SSEA
member municipalities recognize the 178.0 masl contour (100 year flood level) as the flood
hazard or regulatory limit to development in their Official Plan documents. A 15 m setback is
also applied to land development to accommodate wave uprush. Based on water level data
from the Canadian Hydrographic Service (CHS) gauge in Midland Bay (managed and
monitored by SSEA), the hourly maximum level reached in 2020 was 177.73 masl, only 27 cm
below the 100 year flood level. These levels do not account for wave uprush. In the Great
Lakes, the 100 year flood level is defined as the peak instantaneous still water level having a
1% probability of occurring in any one year.
1 of 3
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
INFORMATION BRIEFING NOTE
Great Lakes Water Levels
Impacts and Recommended Actions for the Severn Sound Area
Guidance from Binational, Federal and Provincial agencies indicate that climate change in
playing a primary role in water level fluctuations for Lakes Michigan-Huron due to an absence
of control structures at the inflow and outflow. Increasing shoreline resilience and adaptation
measures is broadly recognized as being critical to protecting shoreline communities. In
particular, the Ontario Government included actions targeted at Great Lakes flooding issues in
the 2020 . The SSEA supports
these recommendations, in particula
n Sound.
Water Level Impacts
High water levels, combined with wave uprush storm events, have caused damage to
municipal infrastructure, residential properties, and natural areas in Severn Sound shoreline
communities resulting in significant costs to municipalities and private landowners and
business owners. Impacts of shoreline flooding and erosion include: destruction of beachfront
property and structures, damage to roads and trails, flooding of private wells and septic
systems, and damage to habitat such as tree die back, and wetland inundation.
To support Municipal emergency preparedness, SSEA staff completed a desktop mapping
inventory of building structures adjacent to Severn Sound Southern shoreline areas with
potential flood risk during high water condition periods. The Severn Sound area needs
floodplain mapping and modeling that would assist municipal planning departments by
identifying lands at risk of flooding due to high water levels.
Recommendations
The Following actions are critical to ensure resilience in Severn Sound shoreline communities:
1. The Ontario Government invest technical and financial support for Severn Sound and its
member municipalities to develop critical flood plain and wave up-rush mapping and
modelling and further the development of Light Detection and Ranging (LIDAR), and
monitoring/modelling data and upgrading weather stations.
2. Support efforts for shoreline communities to build resilience and support emergency
preparedness measures including green infrastructure and private land stewardship.
3. Support municipal planning departments by reviewing and creating progressive
planning policies, including the Provincial Policy Statement and the Provinces Low
Impact Development policies
4. Through the Ministry of Natural Resources and Forestry, conduct a review of the 178m
high water level, considering recent water level data and climate extremes
5. Support watershed organizations in providing resources and guidance for municipalities
& residents for resilience and adaptation measures
6. Urge the Federal Government to support Great Lakes Action Plan 2030. This would
include Governments of Canada and Ontario committing to establishing and funding
Shoreline Resiliency Priority zones, including Southeastern Georgian Bay/Severn
Sound, to identify and address significant threats from climate change (high water
levels, stronger wind/wave energy, erosion, sudden spring thaws, ice jams) impacting
natural and built infrastructure on Great Lakes shorelines, with an emphasis on
naturalization and green infrastructure solutions
2 of 3
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
INFORMATION BRIEFING NOTE
Great Lakes Water Levels
Impacts and Recommended Actions for the Severn Sound Area
The SSEA maintains that it is critical to plan for significant changes in water over time,
ensuring Severn Sound shoreline communities develop resilience in order to thrive.
Prepared By:
J. Cayley, SSEA ED jcayley@severnsound.ca
A. Chiandet, SSEA Water Scientist
August 17, 2020
3 of 3
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
August 17, 2020 AMO
Delegation to Minister Yakabuski (MNRF)
Great Lakes Water Levels
Photo Source: Township of Tiny Resident
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
d
Clean
(Ont.
: committed to
partnerships.
collaboration and
ensuring exceptional
Mission
the Severn Sound area
through sound science,
exemplary stewardship of
environmental quality and
s.202)
, 2006)
Watershed based, 8 municipal membersOne of two non CA SPAs
of 3 delisted Great Lakes Areas of
••
nd
Municipal Act
2Concern2009 -Joint Municipal Service Boar(Source Protection Authority Water Act
•••
What is the Severn Sound Environmental Association (SSEA)?
Page 194 of 226
14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
Photo Source: Township of Tiny Resident
2020 -During High Water Period
Well
Well
Aerial Shoreline Oblique Photo Source: OMNRF
Impact to Private Property
Example of High Water Level
2014 -Before High Water Period
Page 195 of 226
14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
Photo Source: Township of Tiny
Aerial Shoreline Oblique Photo Source: OMNRF
2014 -Before High Water Period
2020 -During High Water Period
High Water
Example of
to Municipal
Level Impact
Infrastructure
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
Nov. 1, 2019
Nov. 27, 2014
Midland Harbour
SSEA
CHS Water Level Gauge
Photo Source:
~177.3 maslWater Level
~176.5 maslWater Level
Midland
Aerial Shoreline Oblique Photo Source: OMNRF
PenetanguisheneWaterfront
Nov. 1, 2019 ~177.3 maslWater Level
Dec. 2, 2014 –176.4 maslWater Level
Penetanguishene
Page 197 of 226
14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
IBN*
Great Lakes Water Levels
Need the Provinces Support
Severn Sound Shoreline Communities
A detailed background and full recommendation details can be found in
and wave uprush mapping and modelling (supports Ontario’s Flooding Strategy 2020) including furthering the development of LIDAR data for the areainfrastructure, naturalization and land
stewardship solutionsproactive policies and programs to support low impact development/green infrastructure /naturalization review the 178m high water mark on the Great Lakes
To ensure shoreline community resilience by:•Providing technical and financial support to develop critical flood plain •Supporting shoreline community efforts, to build resilience through
green •Supporting municipal planning departments –review and create •Considering high water levels and climate extremes, request that MNRF *the accompanying
Page 198 of 226
14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
jcayley@severnsound.ca
sstrathearn@midland.ca
mayorcornell@tiny.ca
LBarron@tay.ca
dleroux@penetanguishene.ca
ddenault@midland.ca
TWalker@tay.ca
dluker@tiny.ca
jlees@penetanguishene.ca
Contact Information
George Cornell, Mayor | Doug Luker, CAO | Doug Leroux, Mayor | Jeff Lees, CAO | Stewart Strathearn, Mayor | David Denault, CAO | Ted Walker, Mayor | Lindsay Barron, CAO | Julie Cayley,
Executive Director |
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14.e) Correspondence dated August 25, 2020 from Julie Cayley, Executive ...
www.severnsound.ca
| Web Site:
Thank You
sseainfo@severnsound.ca
Email:
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14.f) Correspondence dated July 21, 2020 from Municipality of Chatham-Ke...
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14.f) Correspondence dated July 21, 2020 from Municipality of Chatham-Ke...
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15.a) Correspondence dated August 27, 2020 from Graydon Lau, Quayle's Br...
August 27, 2020
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L 2E0
Attn: Mayor Harry Hughes and the Council of Oro-Medonte
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RE: AGENDA ITEM FOR COUNCIL MEETING SEPT 9, 2020
Dear Mayor Hughes:
th
its patio and brewery to the public on July 10 of this year and has
and every week. While we enjoy the sounds of the happy patrons on the patio, we have
realized that there is an opportunity to promote the property beyond the brewery building and
patio. We would like to pursue this going into the fall/winter season. We have plans to
enhance the hop farm experience and would like our guests to be able to walk around the
and the
surrounding nature.
Therefore, we are requesting a resolution be put forth at the next Council meeting on
th
Wednesday, September 9, 2020 to allow us
to enhance the tourist experience and educational experience. I have attached the appropriate
section of the law as well as the link to the page. https://www.ontario.ca/laws/regulation/900719
4567 LINE 12 NORTH ORO-MEDONTE, ON L0K 1E0
T (705) 298-0204 WWW.QUAYLESBREWERY.CA
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15.a) Correspondence dated August 27, 2020 from Graydon Lau, Quayle's Br...
to sell one or
more of beer, Ontario wine or spirits to the Liquor Control Board of Ontario may obtain a licence to sell
liquor that permits the sale of one or more of beer, Ontario wine or spirits manufactured by that
manufacturer in accordance with this section.
(3) A licence may be issued under subsection (2) if,
(a) the licence applies only to areas under the sole control of the manufacturer that are located on or
immediately adjacent to a manufacturing site of the manufacturer;
(b) the
enhanced tourist experience or fulfilling an educational purpose; and
ΛĭΜ ƷŷĻ ĭƚǒƓĭźƌ ƚŅ ƷŷĻ ƒǒƓźĭźƦğƌźƷǤͲ źŅ ğƓǤͲ ŷğƭ ƦğƭƭĻķ ğ ƩĻƭƚƌǒƷźƚƓ źƓ ƭǒƦƦƚƩƷ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ
ƌźĭĻƓĭĻ.
Should you have any questions or require clarification prior to the meeting, please feel free to
contact me via email (graydon@quaylesbrewery.ca) or by phone at 416-606-9055 (cell)
Sincerely,
Graydon Lau
4567 LINE 12 NORTH ORO-MEDONTE, ON L0K 1E0
T (705) 298-0204 WWW.QUAYLESBREWERY.CA
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17.a) 2020-086: A By-law to Authorize the Execution of a Temporary Use B...
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17.a) 2020-086: A By-law to Authorize the Execution of a Temporary Use B...
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17.b) 2020-087: A By-law to amend the zoning provisions which apply to l...
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17.b) 2020-087: A By-law to amend the zoning provisions which apply to l...
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17.c) 2020-097: Being a by-law to amend By-law 2017-165 (Procedural By-l...
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17.c) 2020-097: Being a by-law to amend By-law 2017-165 (Procedural By-l...
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17.d) 2020-099: A By-law to amend the zoning provision which apply to la...
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17.d) 2020-099: A By-law to amend the zoning provision which apply to la...
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17.e) 2020-100: A By-law to Authorize the Execution of An Agreement Betw...
Municipal Act, 2001,S.O. 2001
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19.a) 2020-101: Being a by-law to confirm the proceedings of the Council...
Municipal Act, 2001, S.O. 2001, C. 25, as amended
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