01 27 2021 Council Agenda
The Township of Oro-Medonte
Council Meeting Agenda
Electronic Meeting
Wednesday, January 27, 2021
9:00 a.m. - Closed Session
Open Session Immediately Following Closed
Session
Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte
facilities including the Administration Centre were closed to the public. 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 in advance of the meeting d
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.
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1. Call to Order - Moment of Reflection:
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa
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\[Oh-DAH-wah\], Ojibwe \[O-jib-we\] and Pottawatomi \[boh-tah-WAH-toh-mee\]
nations, collectively known as the Three Fires Confederacy. It continues
today as the home for diverse Indigenous Peoples including the historic
Métis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this
land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-
Council and the Williams Treaties First Nations. The Huron-Wendat Nation
also continues to pay respect and protect their ancestors and heritage on this
land. We honour the Indigenous history and culture that has thrived for
millennia in this territory and the Treaties that bind us together as partners in
the spirit of a shared sustainable and prosperous future. We are all Treaty
People. Our commitment begins with acknowledging the Truth so that we
can move forward together towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Andria Leigh, Director, Development Services re: Personal information about
an identifiable individual (Heritage Committee Applications).
d) Robin Dunn, CAO; Donna Hewitt, Director, Corporate Services re: Litigation
affecting the Municipality (Legal Update).
e) Robin Dunn, CAO re: Solicitor-Client Privilege (Cannabis).
5. Minutes of Council and Committees:
6 - 21a) Minutes of Council meeting held on Wednesday, January 13, 2021.
22 - 25 b) Minutes of Special Council meeting held on Friday, January 15, 2021.
26 - 29 c) Minutes of Special Council meeting held on Monday, January 18, 2021.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
8. Deputations/Presentations:
30 - 47 a) 11:00 a.m. John Naas, Partner, Blackline Consulting re: Service Level
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Review.
9. 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. Please refer to Procedural By-Law No. 2017-165 for additional
information.
10. Reports of Municipal Officers for Action:
48 - 117 a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council
Composition Award - RFP # CS 2020-05.
118 - 134 b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: Tile
Drainage Debenture Package \[Refer to Item 17a)\].
135 - 137 c) FI2021-2, Shannon Johnson, Manager, Finance/Deputy Treasurer re: FCM
Municipal Asset Management Program Grant Application.
11. Reports of Municipal Officers for Information Only:
138 a) Robin Dunn, CAO re: Update on COVID-19 Actions.
139 - 148 b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief
Municipal Law Enforcement Officer re: Municipal Law Enforcement
Occurrence Report, October-December, 2020.
149 - 154 c) DS2021-5, Garry McCartney, Chief Building Official re: Building Division
Activity Stats Update 2020.
155 - 181 d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corporate
Projects Status Update October, November, December 2020.
12. Reports of Members of Council:
a) Updates from Council Representatives County of Simcoe and Township
Partners and Agencies.
representatives at the Tow
Agencies.
13. Announcements:
14. Consent Agenda:
182 - 183 a) Announcements of Interest to the Public:
1. Oro-Medonte Snowman Contest, Open January 15, 2021 to February
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28, 2021.
184 - 185 b) Correspondence dated January 18, 2021 from Jenna Stevenato, Social
Enterprise & Project Advisor, Redwood Park Communities re: Request to
Proclaim February 2, 2021 "Toque Tuesday".
Staff Recommendation: Receive, Proclaim, Post on Township's Website,
Advise under Mayor's Signature.
186 - 187 c) Correspondence dated January 12, 2021 from Whitney Walsh, Vice
President, Crime Stoppers of Simcoe Dufferin Muskoka re: Request to
Proclaim January, 2021 "Crime Stoppers Month".
Staff Recommendation: Receive, Proclaim, Post on Township's Website,
Advise under Mayor's Signature.
188 d) Correspondence dated January 12, 2021 from Michèle Newton,
President/Acting Chair, Making Change re: Request to Proclaim, February,
2021 "Black History Month".
Staff Recommendation: Receive, Proclaim, Post on Township's Website,
Advise under Mayor's Signature.
189 e) Correspondence dated January 14, 2021 from Shawna Bailey, Executive
Director, Epilepsy Simcoe County re: Request to March 26, 2021 "Purple
Day for Epilepsy Awareness".
Staff Recommendation: Receive, Proclaim, Post on Township's Website,
Advise under Mayor's Signature.
190 - 193 f) Correspondence dated December 22, 2020 from Caroline Mulroney, Minister
of Transportation re: Township of Oro-
and safety audit at the Highway 12 and Warminster Sideroad intersection.
Staff Recommendation: Receive and refer to staff for a response.
194 g) Correspondence dated January 9, 2021 from Oro Medonte Community
Coalition Corp re: Petition to Member of Parliament Diane Finley, Cannabis
Growth in Canada.
Staff Recommendation: Receive for Information Only.
195 h) Correspondence dated January 18, 2021 from Sylvia Stark, Chairperson,
Oro-Medonte Chamber of Commerce, Membership Committee, AGM-Gala
Committee re: 2021 Update.
Staff Recommendation: Receive for Information Only.
196 - 197 i) Correspondence dated January 19, 2021 from Scott Miller, Forest Industry
Development Advisor, Ministry of Natural Resources and Forestry, (MNRF)
re: Invitation to Participate: Solid Wood Bioheat Webinar Series.
Staff Recommendation: Receive for Information Only.
198 j) Correspondence dated January 22, 2021 from Jeff Yurek, Minister, Ministry
of the Environment, Conservation and Parks (MECP) re: Virtual Town Hall,
February 11, 2021, Lake Simcoe Protection Plan.
Staff Recommendation: Receive for Information Only.
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15. Communications/Petitions:
None.
16. Notice of Motions:
None.
17. By-Laws:
199 a) 2021-009: Rating By-Law, Tile Drainage Act, R.S.O. 1990, c. T.8, s.8, The
Corporation of the Township of Oro-Medonte, A by-law imposing special
annual drainage rates upon land in respect of which money is borrowed
under the Tile Drainage Act.
200 - 201 b) 2021-012: A By-law to Constitute and Appoint a Development Services
Committee and to Repeal By-law 2018-107.
202 - 212 c) 2021-013: A By-Law to Approve the Submission of an Application to Ontario
-Term Financing
of Certain Capital Works of The Corporation of the Township of Oro-Medonte
ntering into of a Rate Offer Letter
Agreement Pursuant to which the Municipality will Issue Debentures to OILC.
18. Closed Session Items (Unfinished Items):
19. Confirmation By-Law:
213 a) 2021-016: Being a by-law to confirm the proceedings of the Council meeting
held on Wednesday, January 27, 2021.
20. Adjournment:
a) Motion to Adjourn.
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5.a) Minutes of Council meeting held on Wednesday, January 13, 2021.
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5.a) Minutes of Council meeting held on Wednesday, January 13, 2021.
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5.a) Minutes of Council meeting held on Wednesday, January 13, 2021.
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Highway Traffic Act
Off-Road Vehicle Act
Highway Traffic
ActOff-Road Vehicle Act
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5.a) Minutes of Council meeting held on Wednesday, January 13, 2021.
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The Corporation of the Township Oro-Medonte
Request for Proposal
RFP # CS 2020-05
Sealed Proposals, clearly marked as to contents, will be received by Corporate
Services, 148 Line 7 South, Oro-Medonte, Ontario, L0L 2E0, no later than 3:00 pm
(15:00) local time, Wednesday, January 6, 2021.
Late proposals will not be accepted.
Requirements for: Ward Boundary and Council Composition Review
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; Yvonne Aubichon
Clerk
(yaubichon@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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#®³¤³²
Definitions ....................................................................................................................... 7
Part I Project Terms of Reference .......................................................................... 11
1. Introduction .................................................................................................... 11
2. Background .................................................................................................... 11
3. Current situation: ............................................................................................ 11
4. Scope of Project ............................................................................................. 12
5. Timeframe of Project ...................................................................................... 13
6. Project Requirements and Deliverables ......................................................... 14
a. Requirements ................................................................................................. 14
b. Deliverables ................................................................................................... 14
c. Public Engagement/Consultation ................................................................... 15
7. Content of Proposals ............................................................................................... 15
Part II Instructions to Proponents ............................................................................. 17
1. Delivery of Proposals ..................................................................................... 17
2. Electronic Submissions .................................................................................. 17
3. Proposal Schedule ......................................................................................... 17
4. Competition Intended ..................................................................................... 18
5. Inquiries ......................................................................................................... 18
6. Addendum/Addenda ...................................................................................... 18
7. Site Meeting ................................................................................................... 19
8. Mandatory Proposal Requirements ................................................................ 19
9. Checking of Proposals ................................................................................... 20
10. Late Submission............................................................................................. 20
11. Proposal Opening .......................................................................................... 20
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12. Amendment of Proposals ............................................................................... 21
13. Right to Accept or Reject Proposal ................................................................ 21
14. Proposal Evaluation ....................................................................................... 21
15. Evaluation Criteria .......................................................................................... 21
16. Negotiations ................................................................................................... 23
17. Presentation & Interview ................................................................................ 23
18. Award Determination ...................................................................................... 23
19. Execution of Award ........................................................................................ 24
20. Order of Precedence ...................................................................................... 25
21. Alternative Dispute Resolution. ...................................................................... 25
22. Contract Additions & Deletions ...................................................................... 26
23. Proponent Qualifications ................................................................................ 26
24. Proponent's Statement of Understanding....................................................... 26
25. Term of Contract ............................................................................................ 26
26. Irrevocability of Proposals .............................................................................. 27
27. Errors and Omissions ..................................................................................... 27
28. Proponents Expenses .................................................................................... 27
29. Changes to Proposal Wording ....................................................................... 27
30. Price Components.......................................................................................... 27
31. Freedom of Information .................................................................................. 27
32. Bribery/Fraud ................................................................................................. 28
33. Cancellation ................................................................................................... 28
34. Insurance ....................................................................................................... 28
35. Workplace Safety and Insurance Board (WSIB) ............................................ 29
36. Regulation Compliance and Legislation ......................................................... 30
37. Laws of Ontario .............................................................................................. 30
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38. Indemnification ............................................................................................... 30
39. Force Majeure ................................................................................................ 31
40. Severability .................................................................................................... 31
41. Termination of Contract .................................................................................. 31
42. Termination by Notice .................................................................................... 31
43. Termination for Cause .................................................................................... 31
44. Suspension of Work ....................................................................................... 32
45. Suspension in Future ..................................................................................... 32
46. Failure to Comply with Owner Decisions ........................................................ 32
47. Evaluation of Performance ............................................................................. 33
48. Time is of the Essence ................................................................................... 33
49. Safety Standards ............................................................................................ 33
50. Non-Waiver .................................................................................................... 34
51. Non-Assignment ............................................................................................ 34
52. Emergency Telephone Number ..................................................................... 34
53. Personal Property Security Act ...................................................................... 34
54. Confidentiality of Information .......................................................................... 35
55. Conflicts of Interest ........................................................................................ 35
56. Township Not Employer ................................................................................. 36
57. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 36
58. Working Language ......................................................................................... 37
59. Intellectual Property ....................................................................................... 37
60. Accessibility ................................................................................................... 37
61. Township of Oro-Medonte Payment Terms .................................................... 38
Part III Form of Proposal ............................................................................................ 40
Schedule I Budget ...................................................................................................... 47
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Schedule II - List of References .................................................................................... 48
Part IV Agreement ......................................................................................................... 50
Part V Appendices .......................................... 57
Accessibility for Ontarians with Disabilities (AODA) .................................................... 59
Contract Change Order Sample .................................................................................. 61
Instructions for Use for Change Orders (if applicable)................................................... 62
Proposal Irregularities ................................................................................................. 64
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Definitions
The following definitions apply to the interpretation of the Request for Proposal and
Contract Documents;
1. Addenda or Addendum means any additions, deletions, modifications or other
changes to the Contract Document and all corresponding Schedules and
Appendices.
2. ency, body or department,
whether federal, provincial or municipal, having claiming jurisdiction over the
departments.
3. Day means any day from Monday through Friday between thehours
of 8:30 am and 4:30 pm, excluding statutory holidays observed by The Township
of Oro-Medonte.
4. r Day means Monday through Sunday inclusive, but excluding any
recognized statutory holiday.
5. g Date means the date and time specified in Instructions to Proponents,
by which all Proposals shall be received and stamped by the Owner.
6. of In has the meaning that if there is an actual or potential Conflict
of Interest in preparing its Proposal, and/or the Proponent(s) foresees an actual or
potential Conflict of Interest in performing the works required under the Contract.
7.
Consultant prior to its performance under the Contract or created by the
Consultant during the Term of the Contract independently of the performance of
its obligations under the Contract.
8. means the agreement in writing governing the defined Work, whichhas
been executed by the Owner and the Successful Proponent following acceptance
by the Owner of the Successful s submission and subsequent signed
agreement.
9. t 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.
10. means the elected Council for the Township of Oro-Medonte.
11.
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course of performing under the Contract or agreed to be provided to the Owner
under the Contract by the Consultant or its directors, officers, employees, agents,
partners, affiliates, volunteers or subcontractors, as further defined, but not
limited by, Schedule 1, including but not limited to any goods or services or any
and all Intellectual Property and any and all concepts, techniques, ideas,
information, documentation and other materials, however recorded, developed or
provided;
12. means the Chief Financial Officer/Treasurer or his/her
designate working within the Finance Department.
13. m of 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 for the evaluation of the submission for
the purpose of entering into a Contract with the Owner in the event of award.
14.
officers, agents, employees and volunteers.
15. include, but are not limited to (a) the provision of any and all
labour, supplies, equipment and other goods or services that are necessary and
can reasonably be understood or inferred to be included within the scope of the
Contract or customarily furnished by Persons providing Deliverables of the type
provided hereunder in similar situations in Canada and; (b) adherence to
commonly accepted norms of ethical business practices, which shall include the
Consultant establishing, and ensuring adherence to, precautions to prevent its
employees or agents from providing or offering gifts or hospitality of greater than
nominal value to any person acting on behalf of or employed by the Owner;
16.
of any type in any form protected or protectable under the laws of Canada, any
foreign country or any political subdivision or any country, including, without
limitation, any intellectual, industrial or proprietary rights protected or protectable
by legislation, by common law or at equity.
17. Mandatory means those requirements described in Instructionsto
Proponents, which shall be fully satisfied in order for any Proposal to be
considered by the Owner as compliant.
18. y used in this document denotes permissive.
19. means the Municipal Freedom of Information and Protection of Privacy
Act, Revised Statutes of Ontario 1990, Chapter M.56, as amended;
20.
the Consultant in the course of performance of its obligations under the Contract.
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21. wner refers to The Corporation of the Township 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.
22. means all information of the Owner that is of a
confidential nature, including all confidential information in the custody or control
of the Owner, regardless of whether it is identified as confidential or not, and
whether recorded or not, and however fixed, stored, expressed or embodied,
which comes into the knowledge, possession or control of the Consultant in
connection with the Contract. For greater certainty, Owner Confidential
Information shall: (a) include: (i) all new information derived at any time from any
such information whether created by the Owner, the Consultant or any third-
party; (ii) all information (including Personal Information) that the Owner is
obliged, or has the discretion, not to disclose under provincial or federal
legislation or otherwise at law; but (b) not include information that: (i) is or
becomes generally available to the public without fault or breach on the part of
the Consultant of any duty of confidentiality owed by the Consultant to the Owner
or to any third-party; (ii) the Consultant can demonstrate to have been rightfully
obtained by the Consultant, without any obligation of confidence, from a third-
party who had the right to transfer or disclose it to the Consultant free of any
obligation of confidence; (iii) the Consultant can demonstrate to have been
rightfully known to or in the possession of the Consultant at the time of
disclosure, free of any obligation of confidence when disclosed; or (iv) is
independently developed by the Consultant; but the exclusions in this
subparagraph shall in no way limit the meaning of Personal Information or the
obligations attaching thereto under the Contract or at law;
23.
individual or that may identify an individual.
24.
25. l or issionrefers to the information submitted by a Proponent in
response to this Request for Proposal.
26. means the legal entity submitting a Proposal.
27.
applicable Deliverables, inclusive of all applicable duties and taxes except HST,
which should be itemized separately, as set out in the Schedule of Deliverables,
Rates and Specific Provisions.
28. means any recorded information, including and Personal Information, in
any form: (a) provided by the Owner to the Consultant or provided by the
consultant to the Owner for the purpose of the Contract; or (b) created by the
Consultant in the performance of the Contract.
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29. t for Proposal or means the document issued by the Township
and used to solicit Proposals from Proponents to provide goods, services or
construction to the Township.
30. means all applicable requirements, laws, statutes, codes,
acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official
plans, permits, licenses, authorizations, directions, and agreements with all
Authorities that now or at any time hereafter may be applicable to wither the
Contract of the Deliverables or any part of them.
31. and used in this document denotes imperative.
32. -Contractoror - means a legal entity approved by the
Owner undertaking the execution of a part of the Work pursuant to an agreement
with the Proponent.
33. l Proponent means the Successful Proponent(s) whose Proposal has
been accepted by the Township and to whom the Contract is awarded.
34. ly means to provide the necessary tools, material, equipment, and product
to satisfy the Request for Proposal requirements.
35. frame as set out in the Schedule of Deliverables, Rates
and Specific Provisions.
36. Oro-Medonte
37.
party other than the Owner or the Consultant.
38. means Work/service performed to meet a demand to comply with the
conditions of the Contract, delivery dates, specifications and technical assistance.
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Part I Project Terms of Reference
1. Introduction
The Township is a diverse and beautiful community with a central location in Ontario.
With a population of approximately 21,500 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. 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
According to Statistics Canada, between 2011 and 2016, there was a 5% increase in
population in Oro-Medonte. The number of private dwellings increased from 7,475 in
2011 to 9,013 in 2016 representing a 21% increase over the five-year period. Of
particular interest are provincial numbers, which forecast an additional 24% growth in
population over the next 10 years.
On November 25, 2020 Council directed staff to proceed with an RFP for a consultant
to conduct a comprehensive Ward Boundary/Council Composition review.
3. Current situation:
The Township of Oro-Medonte has not undertaken a Ward Boundary or Council
Composition Review since its amalgamation in 1994. The amalgamation established
the current composition of Council, being the Mayor and Deputy Mayor representing
the population at large and 5 Councillors elected per individual ward.
The current ward boundaries are set out in the Ward Boundary Map (Attachment A).
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The Township has seen considerable development and population growth since the
amalgamation and establishments of wards in 1994. While Ward 2 is experiencing an
increase in growth, the Township continues to see growth with strong variances
between Ward 1 and the other four Wards 2, 3, 4 and 5. This variance is well outside
the industry standard of +/- 25% ward average.
Due to recent discussions held at the Province and County of Simcoe regarding the
efficiencies of representation and the review of governance structures, this ward
boundary review should also contemplate the composition of the Township of Oro-
Medonte Council.
The County of Simcoe (Upper Tier) will be undertaking a comprehensive review
of service delivery in consultation with the lower tier municipalities.
The Township is currently updating its Official Plan and Zoning By-law.
4. Scope of Project
Proponents will be required to:
Use the experience gained through other municipal ward boundary reviews and
the outcome of OMB/LPAT hearings and Court decisions in those cases where a
review has been appealed.
Provide options for changes to Council composition and options for how Council
representatives are elected, if deemed appropriate.
Provide options for re-alignment of the existing wards and/or for a change in the
number of wards, if deemed appropriate, through the application of the following
principles:
Representation by Population - Considering representation by population
for every Councillor generally representing an equal number of
constituents within their respective wards. Given the geography and
varying population densities, and characteristics of the Municipality, a
degree of variation is acceptable.
Municipal Growth Trends and Projections - Accommodating for and
balancing future increases or decreases in population growth/decline to
maintain a general equilibrium in the representation by population.
Geographic and Topographic Boundaries - Utilizing geographical and
topographical features to provide boundaries for wards. Consider areas
that form a natural boundary within the Township.
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Communities of Interest Consider traditional neighbourhoods and
settlement patterns, and community groupings in specific geographic
locations. Where possible, ward boundaries should not fragment a
community.
Equal Representation and Voter Parity - Consider an overriding principle
of effective representation as described by the Supreme Court of Canada
in its decision on the Carter case.
Develop a ward structure that will accommodate growth and population shifts for
a minimum of three (3) Municipal elections (2022, 2026, and 2030) and beyond,
if feasible.
Conduct all research, consultations (public and otherwise, as deemed
appropriate), and present a final report and recommendations to Township
Council.
5. Timeframe of Project
The Ward Boundary and Council Composition Review project shall be completed
within a maximum of four-months beginning from the date of execution of the
contract. If feasible, a shorter time frame for completion of the project is preferred
by the Township.
The successful proponent shall provide a detailed project work plan and schedule
showing the tasks and activities to be undertaken in order to meet the project
requirements within the four-month timeframe, including approximate timing of key
internal, public/stakeholder engagement meetings and formal Council meetings.
An initial meeting with Township staff will be required once the contract is awarded
to refine the work program and/or the successful proponent to obtain any available
background material.
The schedule shall be updated regularly whenever required to show project
a bi-weekly basis at a minimum. Any reasonable steps that will advance the
completion of the project will be considered.
The timeframe for completion of the Deliverables is set out below and subject to
change at the sole discretion of the Township:
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Release of RFP Friday, December 11, 2020
Last day of questions, errors or
Omissions from proponents Friday, December 18, 2020
Deadline for Final Addenda Tuesday, December 22, 2020
RFP Closing Wednesday, January 6, 2021
Evaluation of Proposals Upon closing of RFP submission
Proponent Presentations/Interviews January, 7 & 8, 2021
Award of Contract by Council Wednesday, January 13, 2021
Project Commencement January 20, 2021
Bi-weekly Project Team Briefings January 20, 2021
Stakeholder/public engagement &
Preparation of Draft Review Report February/March, 2021
Finalization of Draft Report &
Submission April 1, 2021
Review & Final Report &
Submission to Council for approval May 12, 2021
By-law to Council for approval May 26, 2021
6. Project Requirements and Deliverables
a. Requirements
The following are minimum project requirements. The final sequence and details of
tasks will be determined in consultation with the successful consultant. If the proponent
considered additional tasks and deliverables as being appropriate, please submit as
part of the project proposal.
to conduct research, review and analysis as required to complete the project;
to collaborate with staff on public engagement and communications activities;
to provide written content to support public engagement and communications;
to develop meeting agendas, workshop workbooks, presentation slides and
meeting summary reports and other materials as appropriate;
to attend and facilitate meetings as required and scheduled, including protocols
and alternative delivery methods as required by COVID safety measures;
to provide all materials required for meetings to the Township for final review at
least 5 business days in advance of the meeting;
to make presentations at virtual public meetings of Council; and
to deliver draft and final reports for review in a timely fashion.
b. Deliverables
The successful proponent will deliver to the Township the following deliverables:
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1. A final digital version of the Ward Boundary and Council Composition Review
Report in accessible format.
2. All digital photos, maps, renderings, drawings or other images used in the
development of the Ward Boundary and Council Composition Review Report.
3. Undertaking a ward boundary review that will withstand legal scrutiny and
possible appeals to the LPAT. The consultant would be an expert witness, if
necessary, in the event of one or more appeals to the LPAT.
c. Public Engagement/Consultation
The successful proponent must ensure that interaction with key stakeholders through a
public engagement process is conducted in compliance with the current COVID-19
pandemic restrictions (i.e. virtual Town Halls, online surveys, etc.): to describe/explain
the purpose and process, to determine community issues and expectations, to obtain
feedback on a draft(s) of the document(s) and to obtain considerations for the
formulation of the final Ward Boundary and Council Composition.
The successful proponent shall detail the approach to public engagement and
communications in terms of stakeholder consultation, public outreach, methods of
engagement, obtaining input and conveying information.
The successful proponent shall attend (virtually if required) and make presentations at
all applicable project meetings, public information/consultation meetings, open houses
and Township Council meetings.
7. Content of Proposals
The Request for Proposal response submission shall include at a minimum the following
information and shall be submitted in the same format outlined:
The submission contents included must be submitted in full in two (2) complete 8 ½ x 11
paper hard copies with binding, one (1) clearly , one (1) clearly marked
and one electronic copy in a single, unrestricted PDF format on a CD or USB key:
1. Table of Contents, 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 relation to
this project;
b) Provide information on similar projects within the last 5 years, that your
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company has been involved with, including references;
c) Describe the unique strengths that your firm can bring to the project and how
these set your firm apart from others.
4. Personnel Summary:
a) Provide information related to the qualifications and experience of the personnel
who will be assigned to work directly on this project, including resumes,
documentation of accreditation and/or letters of reference.
5. Work Plan and Timelines
a) Provide a detailed work plan of the services to be provided, including all of the
tasks, milestones and timelines. Indicate the personnel responsible for eachtask.
The timeline schedule should have sufficient details to clearly demonstrate a full
understanding of the timelines associated with the completion of the project.
6. Completed Form of Proposal
7. Completed Schedule II List of References
8. Completed Conflict of Interest Form
9. Completed AODA 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 any out of pocket 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) Identify separately costs associated with Township representation at
OMB/LPAT in the event of an appeal.
e) Completed Schedule I Budget
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Part II Instructions to Proponents
1. Delivery of Proposals
The Form of Proposal, together with all supporting documentation, enclosed in an
envelope bearing the name of the Proponent and sealed with the submission label
provided herein affixed to the envelope, shall be received; date and time stamped at
the Township of Oro-Medonte Admiration Office, 148 Line 7 South, Oro-Medonte, ON,
L0L 2E0 no later than 3:00 p.m. (15:00 hours) local time, on the specified closing date.
Proposals time stamped after 3:00 p.m. (15:00 hours) are late and shall be deemed
non-compliant and shall be returned to the Proponent unopened.
Proposals delivered in person, or by a courier service, without the submission label
affixed to the envelope, or Proposals that are not delivered to the designated location
by the Proponent or courier service may be rejected.
Delivery of the Proposals through a courier service shall be the responsibility of the
Proponent and shall result in the Proposal being rejected if:
a) the Proposal is not delivered to the location stated on the envelope;
b) the Proposal envelope is delivered to the Township after the specified closing
date and time.
All Proposals shall be irrevocable and shall remain open for acceptance, at the prices
quoted, for up to ninety (90) calendar days from the closing date and time. In
submitting a Proposal, each Proponent agrees 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.
Panasonic Network Telephone System at the
losing Time of the
RFP.
2. Electronic Submissions
Electronically transmitted submissions (facsimile, e-mail, etc.) will not be accepted for
this RFP.
3. Proposal Schedule
Release of RFP Friday, December 11, 2020
Last day of questions, errors or
Omissions from proponents Friday, December 18, 2020
Deadline for Final Addenda Tuesday, December 22, 2020
RFP Closing Wednesday, January 6, 2021
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Evaluation of Proposals Upon closing of RFP submission
Proponent Presentations/Interviews January, 7 & 8, 2021
Award of Contract by Council Wednesday, January 13, 2021
Project Commencement January 20, 2021
Bi-weekly Project Team Briefings January 20, 2021
Stakeholder/public engagement &
Preparation of Draft Review Report February/March, 2021
Finalization of Draft Report &
Submission April 1, 2021
Review & Final Report &
Submission to Council for approval May 12, 2021
By-law to Council for approval May 26, 2021
Note: Although every attempt will be made to meet all the dates, the Township
reserves the right to modify any or all dates, and closing time at its sole discretion.
4. Competition Intended
It is the Township intent that this Request for Proposal (RFP) permit competition. It
shall be the Proponents responsibility to advise the Clerk, in writing if any language,
requirement, specification, etc., or any combination thereof, inadvertently restricts or
limits the requirements stated in this RFP to a single source. Such notification must be
received no later than seven (7) calendar days prior to the date set for RFP closing
date and time.
5. Inquiries
All inquiries concerning this Proposal, including specifications, process and resultsare
to be directed in writing (e-mail) through:
Corporate Services; Yvonne Aubichon, Clerk yaubichon@oro-medonte.ca
Inquiries shall not be directed to any other Township employee. No clarification
requests will be accepted by telephone.
A transcript of the questions and answers will be made available, via the method
authorized for advertising the RFP, on or before the date as listed in this document.
Questions or clarification will be answered individually in writing in a transcript, but
response(s) to any question that modified the scope of this document will be issuedas
an Addendum and circulated via the method authorized for advertising the RFP.
6. Addendum/Addenda
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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 may result in a non-compliant submission. 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 ofthe
Proponent to ensure they have received all Addendum/Addenda that have been
issued.
The Township of Oro-Medonte will assume no responsibility for oral instructions
or suggestions.
Prior to submitting their Proposal, Proponents should check the Townships website
(www.oro-medonte.ca) to verify they have received all Addenda.
7. Site Meeting
A site meeting will not be required.
8. Mandatory Proposal Requirements
Failure to adhere to the following Mandatory Proposal Requirements shall result in the
Proposal being declared a non-compliant Proposal:
i. Proposals shall be received in a sealed envelope, as set out in the RFP, by the
Owner prior to the stated Closing date and time;
ii. Proposals shall be submitted complete and in the original Form of Proposal, as
supplied, without any unauthorized alterations, additions, deletions or qualifying
statements made to or provided with the Form of Proposal.
The Form of Proposal shall be riginal with an that is signed
in the spaces provided by a duly authorized official of the Proponent;
iii. The Proponent shall attend all mandatory electronic or on site meetings, if
applicable; and
iv. 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
d Proponent and shall take full responsibility for all associated Proponents.
Signatures on behalf of a non-incorporated body or by individuals shall be witnessed.
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In the case of an incorporated company, the corporate seal shall be affixed to the Form
of Proposal adjacent to the authorized signature.
9. Checking of Proposals
Proposals opened are 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 $ 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 Township against the Proponent; and
viii. all addenda 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.
10. Late Submission
Proposals received after the closing date and time will not be considered during the
selection process and will be returned unopened to the respective Proponent.
11. Proposal Opening
Proponents are advised there will not be a public opening for this Request 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 the closing.
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12. Amendment of Proposals
Proponents who have submitted a Proposal may amend it up to the Closing Date and
Time by submitting a replacement Proposal. Amended Proposals must be sealed and
submitted in accordance with all other requirements included in this document. The
amended Proposal will clearly be marked and should clearly indicatethat it
replaces any other submitted version. In the case of a discrepancy, the Townshipwill
deem the last Proposal received prior to the Closing Time, to be the valid Proposal.
13. Right to Accept or Reject Proposal
The Corporation of the Township of Oro-Medonte reserves the right to accept any
Proposal, in whole or in part, that it feels most 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 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 Proponent is advised that the scope of works as required by this request for
proposal 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.
14. Proposal Evaluation
An Evaluation Committee will evaluate each of the Proposals received in accordance
with the evaluation criteria as set out in the RFP Document. The Committee reserves
the right to enter into further discussions in order to obtain information that will allow
the Committee to reach a decision with a Proponent, and to waive irregularities and
omissions if, in doing so, the best interest of The Township will be served.
15. Evaluation Criteria
It is the responsibility of the proponents to provide sufficient information in the
Proposal to exhibit required abilities. Proponents are cautioned that organization of
their response, as well as thoroughness is critical to the evaluation process. All
required information should be furnished and presented in an organized,
comprehensive and easy to follow manner. Selection of a Proposal will be based on,
but not solely limited to, the following criteria and weighting:
Item Evaluation Criteria Points
1 Quality and Completeness of proposal 15
2 Company Background and Relevant Experience 20
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3 Budget Pricing 20
4 Work Plan, Methodologies, Timeliness 30
5 Personnel Summary 5
6 Client References 10
Total available points Stage 1 100
Proposals will be assessed on the basis of information provided by the Proponent at
the time of submission and shall take into account subsequent interviews with the
Proponent as may be required.
Proposals may be considered for an interview. Note: Only teams that 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 /20
Priority Factor: 4X
3. Budget: 1 2 3 4 5 /20
Priority Factor: 4X
4. Work Plan, Methodologies and Timelines: 1 2 3 4 5 /30
Priority Factor: 6X
5. Personnel Summary: 1 2 3 4 5 /5
Priority Factor: 1X
6. Client References: 1 2 3 4 5 /10
Priority Factor: 2X
Total Score ______________________ out of 100
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Proposal evaluation results are the property of the Township. The Township intends
not to disclose evaluation results, under any circumstances, either before, during, or
after the RFP process. An award of an Agreement, if any, shall be based on the
evaluation results. By responding to this RFP, Proponents agree to accept the
recommendations of the Evaluation Committee as final and binding.
16. Negotiations
The Township may award the contract on the basis of the proposals received, without
discussion. Each p
complete detailed information.
The Township reserves the right to enter in to negotiations with any selected
Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a
successful agreement, the Township may terminate the negotiations and begin
negotiations with the next selected Proponent(s). This process will continue until an
agreement has been executed or all of the Proponent(s) have been rejected. No
Proponent shall have rights against the Township arising from negotiations.
17. Presentation & Interview
The Township reserves the right to interview any or all of the Proponents that submita
Proposal to provide the Evaluation Committee with additional insight into the
Pr ability to meet the requirements as requested in the RFP. If required, the
interviews would be conducted by representatives of the Evaluation Committee via
electronic platform and shall follow this general format:
a. Introduction Project Team (5 minutes)
b. Proponent Presentation 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.
18. Award Determination
Consideration for award shall only be undertaken in relation to Proponents who are
determined by the Township to have satisfied all the requirements.
The Evaluation Committee hereby reserves the right, privilege, entitlement and
absolute discretion, and for any reason whatsoever to:
i. Recommend acceptance of a Proposal which is not the lowest Proposal
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submission, or recommend rejection of a Proposal that is the lowest Proposal even
if it is the only Proposal received;
ii. Recommend acceptance of the Proposal deemed most favourable to address the
scope of work.
iii. Recommend acceptance or rejection of any and all Proposals, whether in whole or
in part;
iv. Recommend acceptance or rejection of any unbalanced, irregular, or informal
Proposals; or
v. Recommend rejection of any Proponent who is involved in litigation with the
Township.
The Evaluation Committee reserves the right to consider, during the evaluation of
Proposals:
vi. Information provided in the Proposal itself;
vii. Information provided in response to enquiries of credit, experience and industry
references set out in 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 the Proponent provides services to others;
x. The experience and qualification of the Proponen
project management;
xi. The compliance of the Proponent with the s requirements and specifications;
or
xii. The Proponent acknowledges that the Owner may rely upon the criteria, which the
Owner deems relevant; even though such criteria may not have been disclosed to
the Proponent. By submitting a Proposal, the Proponent acknowledges the
s rights under this section and absolutely waives any right, or cause of
action against the Owner, by reason of the failure to accept the Proposal
submitted by the Proponent, whether such right or cause of action arises inProject,
negligence, or otherwise.
19. Execution of Award
The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven
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(7) calendar days of written notification of acceptance.
The following completed documents, as listed, shall be submitted prior to or at the time
of signing:
a) Agreement signed and sealed in triplicate;
b) Contract Security, if applicable;
c) Current Insurance Certificate;
d) A current copy of the Workplace Safety and Insurance Board Certificate of
Clearance;
e) Payment Information, if applicable;
f) AODA Declaration Form and;
g) Any other documentation requested within this RFP.
20. Order of Precedence
The Successful Proponent understands 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. 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 Contract shall 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 additional terms and conditions during the
process of Contract negotiations. These terms and conditions shall be within the
scope of the original RFP and Contract documents and will be limited to cost,
clarification, definition and administrative and legal requirements.
21. Alternative Dispute Resolution.
(a) If requested in writing by either the Township or the Proponent, the Township and the
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Proponent shall attempt to resolve any dispute between them arising out 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 to and
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 shall be appointed to act as mediator or arbitrator who is in any way
interested, financially or otherwise, in the conduct 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.
22. Contract Additions & Deletions
The Township reserves the right to add and/or delete any item(s) from the Contract.
Deletions will not result in any penalty in any form.
23. Proponent Qualifications
Qualified Proponents are those which:
have sufficient facilities and resources to meet the Townships needs;
will provide all of the Townships 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 the Township of Oro-Medonte and provide contact details for these clients.
24. Proponent's Statement of Understanding
It is understood that Proponents have carefully examined all of the Contract Documents
and have carefully examined the Work to be performed under the Contract if awarded.
The Proponent also understands and accepts the said Contract Documents, and for the
prices set forth in the Proposal to be firm for the length of the project.
25. Term of Contract
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The term of contract will become effective upon award to the successful Proponent(s)
and shall remain in effect for the entire period of the work.
26. Irrevocability of Proposals
By submission of a clear and detailed written notice, 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 that should its Proposal
be deemed successful the Proponent will enter into a Contract with the Township.
27. Errors and Omissions
No oral interpretation shall be effective to modify any provisions of the Contract
Documents. Any modification or clarification shall be by written Addendum. The
Addendum(s) shall form part of the Contract Documents.
28. Proponents Expenses
Proponents are solely responsible for their own expenses in preparing a Proposal and
for subsequent negotiations with the Township, if any. If the Township elects to reject all
Proposals, the Township will not be liable to any Proponent for any claims, whether for
costs or damages incurred by the Proponent in preparing the Proposal, loss of
anticipated profit in connection with any final Contract, or any other matter whatsoever.
29. Changes to Proposal Wording
The Proponent will not change the wording of its Proposal after closing and no words
or comments will be added to the Proposal unless requested by the Township for
purposes of clarification.
30. Price Components
All prices will be quoted in Canadian Funds.
Prices must be expressed in accordance with the unit of measure specified in the
document.
Prices documented shall be net prices including transportation and delivery charges fully
prepaid by the Proponent to any specified destination within the limits of the Township,
unless a breakdown is requested on the Schedule I Budget.
The Township reserves the right to correct patent computational or other mathematical
errors evident on the face of the bid; however, unit prices will not be adjusted.
31. Freedom of Information
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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
).
All correspondence, documentation and information provided to staff of the Township by
any Proponent in connection with, or arising out of this RFP, and the submission ofany
Proposal will become the property of the Township and as such is subject to MFIPPA,
and may be released, pursuant to the Act. The 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 Proponents
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
Proponents submissions to this RFP.
32. Bribery/Fraud
Should any prospective Proponents or any of their agents give or offer any gratuity or to
attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at
liberty to cancel the prospective s Proposal and to rely upon the Bid Security
submitted for compensation, if applicable.
33. Cancellation
i. In the event the Successful Proponent does 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. Where there is a question of non-performance, payment in whole or in part maybe
withheld at the discretion of the Owner. This action shall not prevent the Owner from
taking early payment discounts otherwise applicable.
34. Insurance
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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 policy shall include The Corporation of the Township of Oro-
Medonte as an additional insured in respect to all operations performed by
or on behalf of the Successful Proponent.
ii. The Successful Proponent shall 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 Liability Insurance 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 of Insurance, 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 leased vehicles, used by the Successful Proponent, its
employees or agents. The limits of the liability for both owned and non-owned vehicles
shall not be less than Two Million Dollars ($2,000.000.00) per occurrence.
35. Workplace Safety and Insurance Board (WSIB)
The successful Proponent shall be required to supply a Certificate from the Workplace
Safety and Insurance Board prior to the start of the Contract and thereafter uponrequest
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 January 1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub-
Contractors, categorized under Class G: Construction, shall have a WSIB account and
clearance coverage prior to commencing any Contract.
Alternatively, if the Successful Proponent is an Independent Operator and is not
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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
WSIB Act. If the Successful Proponent does not have Independent Operator Status, the
Successful Proponent shall;
I. Complete an Independent Operator Status Questionnaire upon being awarded the
Contract; and,
II. fund all costs associated with any appeal of a determination by WSIB that the
proponent/contractor is not an Independent Operator; and,
III. provide proof of s Liability Insurance in an amount not less than two
million dollars ($2,000,000) per occurrence (provided either by WSIB or the
successful 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
reserves the right to terminate all Contracts associated with this RFP if all appeals have
been exhausted and the Successful Proponent is determined by WSIB or court or
tribunal of competent jurisdiction to be an employee.
36. Regulation Compliance and Legislation
The Successful Proponent shall ensure all services and products provided in respect to
this Contract are in accordance with and under authorization of all applicable authorities,
Municipal, Provincial and Federal legislation, including but not limited to:
the Occupational Health and Safety Act and its regulations;
the Workplace Safety & Insurance Act and its regulations;
the Municipal Act and its regulations;
37. Laws of Ontario
Any Contract resulting from this Request for Proposal will be governed by and will be
construed and interpreted in accordance with the laws of the Province of Ontario.
38. Indemnification
The Successful Proponent shall indemnify and save harmless the Owner, its Agents and
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 every nature and description brought or recovered againsteither
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
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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.
39. Force Majeure
Neither party shall be responsible for any delay or failure to perform its obligations under
the Contract where such delay or failure is due to fire, flood, explosion, war, embargo,
Governmental action, Act of Public Authority, Act of God, or to any other cause beyond its
control, except labour disruption.
In the event Force Majeure occurs, the party who is delayed or fails to preform shallgive
prompt notice to the other party and shall take all reasonable steps to eliminate 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,
expense or cost of any kind.
40. Severability
Should any term or portion of this Contract be found to be invalid or unenforceable, the
remainder shall continue to be valid and enforceable.
41. Termination of Contract
The Owner may terminate this contract at 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 requi performance of the service is
persistently faulty or below the required standard, or, the Proponent becomes insolvent
or commits an act of bankruptcy.
42. Termination by Notice
The Owner may terminate this contract at any time upon notice to the Proponent,
whereupon the Owner shall only be liable for any Proponents fees and expenses for
satisfactorily completed work up to the date of the termination and not thereafter.
43. Termination for Cause
The Owner reserves the right in its sole discretion to terminate this contract, in wholeor in
part, at any time, without penalty, expense or further liability of any kind:
a. At any time, upon notice to the Proponent, for a major breach of the terms ofthis
Contract by the Proponent;
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b. At any time, upon notice to the Proponent, following the failure of the Proponent
to satisfactorily remedy, repair or replace any defector or deficiency in the
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 s rights of termination shall be in addition to any other rights or remedies it
may have in law, in equity or under this Contract.
44. Suspension of Work
The Owner may in its sole discretion at any time upon notice to the Proponent in writing
suspend the performance of the Work, in whole or in part, for a specified or unspecified
time.
Upon receiving notice of the suspension, the Proponent shall immediately suspend all
operations concerning that identified portion of the Work except such Work as is
necessary in the opinion of the Owner to care for, preserve and protect the Work.
During the period of suspension, the Proponent shall only be entitled to be reimbursed
for its reasonable, proper and actual expenses in caring for, preserving and protecting
the Work.
Should the period of suspension of the Work, in whole or in part, last longer than thirty
(30) calendar days or such longer period as the parties may agree upon in writing, either
party to the contract may consider the contract to be terminated by mutual agreement
without further liability.
45. Suspension in Future
In the 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 similar work in future competitions for contracts issued by the Owner.
46. Failure to Comply with Owner Decisions
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If the 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 Owner deems advisable to do that which the Proponent failed to do, at
the Proponent cost and expense.
The Proponent shall be liable for and shall upon demand pay to the Owner an amount
equal to the aggregate of all costs, expenses and damages including the cost of any
methods the Owner employed by reason of the Propons failure to comply as above.
47. Evaluation of Performance
At project completion, the Township will conduct an evaluation of the Proponents overall
performance with input from the Townships Inspectors or consultants if applicable. This
evaluation will be reviewed with the Proponent and recommendations will be put forward
as to the overall suitability of future Township of Oro-Medonte
work. It must also be noted that while overall performance is being evaluated, the
Township reserves the right to suspend a Proponent for extreme or repeated inadequate
grades on any issues related to health and safety, specifically items public safety and
traffic control, compliance with all WSIB provisions, maintenance of employee safety
standards, compliance Ministry of Labour regulations. The evaluation shall be placed on
file and a copy will be provided to the Proponent. This information may be made
available to persons requesting Owner references for the Contract.
The Proponent hereby authorizes the maintenance and release of this information.
48. Time is of the Essence
The Owner shall have the right to cancel at any time any project or any part of any
project resulting from this RFP in respect to the goods, materials, articles, equipment,
work or services, covered thereby, not delivered or performed by the specified time in
the written document, without incurring any liability whatsoever in respect hereto. e
is of the essence
49. Safety Standards
It is the responsibility of the Successful Proponent to Work in a safe and orderly manner
so as not to constitute any safety hazards.
COVID-19
The selected proponent will be required to comply with any legislative amendments,
controls, regulations, requirements or orders that were or get issued by the
Governments of Canada or the Province of Ontario (including, without limitation, any
orders or recommendations issued by public health authorities) in response to the
global pandemic of the virus leading to COVID-19 including any resurgence or mutation
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thereof.
In submitting its quotation, each proponent shall be deemed to have considered any
legislative amendments, controls, regulations, requirements or orders that were issued,
prior to the close of this RFP, by the Governments of Canada or the Province of Ontario
in response to the global pandemic of the virus leading to COVID-19, including any
impacts such legislative amendments, controls, regulations, requirements or orders
Agreement are deemed to include any costs associated with the foregoing.
f the Deliverables is delayed as a result of
COVID-
in the Agreement.
50. Non-Waiver
No condoning, excusing or overlooking by the Owner of any default, breach or non-
observance by the Successful Proponent at any time or times in respect of any provision
herein contained shall operate as a waiver of the Owner's right hereunder in respect of
any continuing or subsequent default, breach or non-observance or so as to defeat or
affect in any way the rights of the Owner herein in respect of any such continuing or
subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Owner save only an express waiver in writing. Any
Work completed by the Owner required by this agreement to be done by the Successful
Proponent shall not relieve the Successful Proponent of his/her obligations to do that
Work.
51. Non-Assignment
The Successful Proponent may not assign this Contract nor any Work to be performed
under this Contract or any part hereof without the prior written consent of the Owner.
Such written consent however shall not under any circumstances relieve the Successful
Proponent of his/her liabilities and obligations under this Contract and shall be within the
sole and unfettered discretion of the Owner.
52. Emergency Telephone Number
Prior to commencing, the Work, the Successful Proponent shall provide the 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.
53. Personal Property Security Act
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.
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54. Confidentiality of Information
Proponents receiving this RFP may not use, disclose, or duplicate it for any purpose
other than to prepare a response. Proponents shall keep the Township data confidential
and shall not disclose its content to any other party, other than to those internal
employees or agents responsible for preparing 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 s services. Any such association or
endorsement being contemplated by the Proponent must receive the prior written
approval of the Township.
The Township will not disclose or share a Proponent's response to this RFP with other
Proponents or other organizations.
The submission of a Proposal indicates acceptance by the Proponent of all of the
conditions contained in this Request for Proposal unless clearly and specifically notedin
the Proposal submitted and confirmed in the formal Contract between the Township and
the Successful Proponent. Deviations from the Request for Proposal must be clearly
identified in the written submission. Proposals are subject to a formal Contract being
negotiated, prepared and executed. The Township reserves the right to negotiate the
terms and conditions of the Contract.
55. Conflicts of Interest
Proponents(s) shall disclose, in their submission, all perceived, potential, and actual
Conflicts of Interest. For the purposes of this RFP, Conflict of Interest includes:
any situation or circumstances where, in relation to this RFP and/or the Contract,
the Proponent(s) other commitments, relationships or financial interests could or
could be perceived to exercise an improper influence over the objective, unbiased
and impartial exercise of independent judgment by any personnel of the Evaluation
Committee or the Township;
any situation or circumstances where any person(s) employed by the Township in
any capacity;
has a direct or indirect financial interest in the award of the Contract to any
Proposal(s);
is currently employed by, or is a sub-contractor or a consultant to a
Proponent(s);
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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).
If a Proponent(s) discovers, at any time, any perceived, potential, or actual Conflictsof
Interest, the Proponent(s) shall promptly disclose the Conflict of Interest by sending a
written statement clearly identifying the conflict to the Office (Corporate Services
Division).
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 Townships rights, the Township may, in its sole
discretion:
exclude any Proponents(s) and its submission on the grounds of Conflict of
Interest;
waive any and all perceived, potential or actual Conflicts of Interest upon such
terms and conditions as the Township, in its sole discretion, requires tosatisfy
itself that the Conflict of Interest has been appropriately managed, mitigated
and minimized.
In the event any Proponent(s) is found to be in a potential Conflict of Interest during the
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
Townships complete satisfaction. Failure to cure the conflict shall result in
disentitlement to any compensation under this Contract.
56. Township Not Employer
The Proponent agrees that The Corporation of the Township of Oro-Medonte is not to be
understood as the employer to any Successful Proponent nor to such Successful
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 understood that the
Successful Proponent will act as an independent contractor.
57. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216
It is the responsibility of all Proponents to become familiar with and comply with The
Township of Oro-Medonte Purchasing and Tendering Procedures By-law. The
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TownshipPurchasing and Tendering Procedures By-law can be found on Township
website: www.oro-medonte.ca
58. Working Language
The working language of the Township of Oro-Medonte is English and all responsesto
this Request for Proposal must be English.
59. Intellectual Property
All information and data, in any form, together with all designs or materials capable of
intellectual property protection, prepared, developed or created by the Proponent,its
employees or agents during the performance of and/or pursuant to this work shall
automatically become the property of the Township. Proponents and their employees
and agents each agree to sign whatever documentation may be necessary to give full
force and effect to this paragraph.
60. Accessibility
In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer
Service Section 6, every provider of goods and services shall ensure that every person
who deals with members of the public or participates in the developing of the service
provider 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 that may
help in the provision of accessible goods or services
4. What to do if a person with a particular type of disability is having difficulty
accessing the provider's goods or services
5. Information on the policies, practices and procedures governing the provisionof
goods and services to people with disabilities.
Contracted employees, third party employees, agents and others that provide services to
the public on behalf of the Township of Oro-Medonte must meet the requirements of
Ontario Regulation 429/07 with regard to training under the Accessibility for Ontarians
with Disabilities Act (AODA).
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A document describing your training policy or procedure, a sample copy of training and
details of training dates and attendees may be required to be submitted to the Township
prior to the commencement of any work.
61. Township of Oro-Medonte Payment Terms
The Township payment terms are 30 days from receipt of Invoice.
Harmonized Sales Tax (HST) is an extra and shall be identified separately in the
Contract Documents and on all invoices.
Contract Payments
1. Progress Payments
Monthly statements are to be prepared based on the progress in completion of
each component.
2. Progress Reports
Monthly progress reports shall 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 option, until the progress
reports are submitted to the Township (payment is Net 30 days)
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Part III Form of Proposal
Form of Proposal
Township of Oro-Medonte
148 Line 7 South, Oro-Medonte, ON L0L 2E0
RFP#: CS RFP 2020-05)
Ward Boundary and Council
Composition Review
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. Proponents Main Contact
Individual
3. Address (include postal address)
4. Office Phone #
5. Toll Free #
6. Cellular #
7. Pager #
8. Fax #
9. e-mail address
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 of Interest
Prior to completing 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:
The Proponent(s) declares that there is not an actual or potential Conflictof
Interest relating to the preparation of its Proposal and/or the Proponent(s) donot
foresee an actual or potential Conflict of Interest in performing the services required
under the Contract.
The Proponent(s) declares that there is an actual or potential Conflict of
Interest relating to the preparation of its 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 of Interest:
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/We the
undersigned declare:
1. That I/We represent that no person, firm or 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
Interest relating 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, comparison of
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 or alterations to or deductions from the said Proposal, if any, shall
be made in accordance with the prices stated 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 finalcost
of the Work and any quantities exceeding those shown shall be added.
8. That this Proposal is irrevocable and open to acceptance until the 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 that the Owner may at any 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 constitutethe
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 any kind for the use of any composition, secret process, invention,
article or appliance furnished or used in the performance of the Proposal 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. The Proponent 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/she is duly authorized to execute this Proposal.
Proponent's Signature and Seal:
(I have authority to bind the
company) Position:
Witness: (If not
under seal)
Position:
(If Corporate Seal is not available, documentation shall be witnessed)
Dated at the
(City/Township)
This day of 2020.
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Schedule I Budget
Ward Boundary and Council Composition Review
The Total Proposed Pricing shall be all inclusive, including but not limited to, mileage,
disbursements, and travel time. Please include costs on a separate line below for
representation at OMB/LPAT in the event of an appeal.
Description Price
Ward Boundary and Council Composition Review
$
$
Costs of representation at OMB/LPAT in the event of an appeal
$
Subtotal $
HST $
Total Proposed Pricing $
The Total Proposed Price (excluding HST):
Dollars
($ ),
in lawful money of Canada.
Inserted price in words 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, having purchased a similar size and design of goods and/or services as
specified herein for a previous 5 (five) year period from the issuance of this
document.
Project Name:
Company for whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
Project Name:
Company for whom the work was completed:
n the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
Project Name:
Company for whom the work was completed:
On the project did your firm act as:
Prime Consultant Sub Consultant
Value of your portion of the project? Date of Completion of this project?
Contact Name at the s facility: s Email Address:
Telephone Number with Area Code: Fax Number with Area Code:
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ReferenceReleaseForm
I (authorized signatory for the Proponent)
authorize the Township to contact the person and/or organization listed on the List of
References, for the purpose of obtaining information relating to the Proponent and
Project.
The Township reserves the right to call references if in its sole discretion finds a need
to do so. The Township reserves the right to check other references other than listed
herein.
If the Township is unable to obtain a satisfactory reference or if the reference does
not respond to the reference call or if the reference chooses not to comment, the
reference will be deemed unsatisfactory.
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PartIVAgreement
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Part IV Agreement
Draft Amended Upon Award
Terms and Conditions of Professional Services Agreement (Short
Form)
This Agreement made this day of 2021.
Between
The Corporation of the Township of Oro-Medonte hereinafter called the
And
hereinafter called the
Whereas the Owner has awarded to the Proponent the Proposal for;
RFP # CS RFP 2020-05
Ward Boundary and Council Composition Review
According to 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 on the;
day of 2021.
Scope of Work
1. The Corporation of the Township of Oro-Medonte Township) hereby retainsthe
Consultant/Contractor to provide the Services as specified below and in the
Townships Request for Proposal document ) under the general guidance
and direction of the Township:
The Proponent shall provide the Township with details for the Ward Boundary and
Council Composition Process Review as detailed in Part I-Project Terms of
Reference Sections 4 through 6 of RFP # CS RFP 2020-05.
2. The Proponent agrees to supply, at its 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 () shall consist of the RFP,
the Proponens 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 and Disbursements
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PartIVAgreement
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1. The Township shall pay to the Proponent as full payment and compensation for
the Services an amount 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 Townships prior written authorization.
2. During the term of the Agreement, the prices quoted by the Proponent are not
subject to change without the prior written consent 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 is not 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 standing with the Workplace Safety and Insurance
Board and shall furnish the Township with satisfactory evidence, in the formofa
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 Townships request.
2. The Consultant shall maintain its WSIB Insurance or 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 Consul
Agreement.
3. In the event that the Consultant is not required by law to be registered with WSIB,
confirmation of 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. The Consultant acknowledges that it is aware of the provisions of the Occupational
Health and Safety Act (Ontario), the Environmental Protection Act, the Human
Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal,
Provincial, and/or Municipal statutes, regulations, policies and guidelines
thereunder and agrees to comply with, and cause to be complied with, the
provisions thereof as such statutes, regulations, policies and guidelines may be
amended or replaced from time to time.
2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or
shall prohibit from being done, any act or thing as directed by the Townshipif,at
any time, the Township considers that any situation or condition is unsafe,
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PartIVAgreement
10.a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council Com...
damaging to the environment or contrary to the provisions of any applicable
statutes, regulations, policies or guidelines.
Records and Audit
1. The Township shall have the right to audit all books and records (in whatever
form they may be kept, whether written, electronic or other) relating or pertaining
to the Agreement (including any and all documents and other materials, in
whatever form they may be kept, which support or underlie those books and
records), kept by or under the control of the Consultant, including, but not limited
to those kept by the Consultant, its employees, agents, assigns, successors and
subcontractors. The Consultant shall maintain such books and records, together
with such supporting or underlying documents and materials, for the durationof
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 locationis
available, then the books and records, together with the supporting or underlying
documents and records, shall be made available for audit at a time and location
in the Township of Oro-Medonte, Ontario, which is convenient for the Township.
Use of Work
1. Notwithstanding any other provisions 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 that it shall perform the Services with the requisite
degree of skill and competence to satisfy the Townships requirements as
stipulated in the Agreement.
2. The Township reserves the right to 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 may direct 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
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PartIVAgreement
10.a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council Com...
1. The Consultant shall not change or deviate from the 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
written consent of the Township, it shall not be entitled to any 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 Townshipt 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 should suffer damage because of any wrongful act or neglectof
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. Services which have not been performed to the Townships 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 Agreementat
the Conss expense.
3. In the event that any portion of the Services is not performed in accordancewith
the Agreement or is not satisfactory to the Township, the Township may retain,
as a holdback, an amount equal to the Township estimated cost to perform the
Services in a satisfactory manner, until the Services have been completed to the
satisfaction of the Township.
4. In addition to the rights set forth above, the Township shall have the right
to set-off against the monies due or which may become due to the
Consultant under 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 to the 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 its insolvency, or if the Consultant
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10.a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council Com...
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
for the Services rendered and disbursements incurred by the Consultant to the
date of termination.
3. Upon termination of the Agreement, all documentation relating to the Project shall
be delivered to the Township including 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 to and including the date of termination shall survive termination of the
Agreement.
Indemnification
1. The Consultant shall indemnify and save harmless the Township, 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. Without restricting 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 TownshipDirector, Finance/Treasurer/Deputy CAO:
a) Commercial General Liability Insurance
Commercial General Liability ) 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 Liability Insurance
Automobile Liability Insurance in respect to owned and non-owned vehicles
shall have limits of not less than two million dollars ($2,000,000.00) inclusive
per occurrence and shall protect against all liability arising out of the use of
owned or leased vehicles, used by the Consultant, its employees or agents.
c) Professional Liability Insurance
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PartIVAgreement
10.a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council Com...
Professional Liability 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
policy.
The form of all insurance to be provided herein, shall in all respects be satisfactory
to the Townships Director, Finance/Treasurer/Deputy CAO and shall be
maintained continuously from either the commencement of the services or the
signing of the Agreement, whichever is sooner. The policies shall be endorsed to
provide the Township with not less than thirty (30) days written notice in advance
of cancellation, change or amendment restricting coverage.
Confidential Data
1. The Consultant shall not divulge any specific 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 out of a
change to the scope of Services or for any 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 entitled to 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 of the Agreement.
2. Any notice given pursuant to the Agreement may 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, exceptas
referenced in, and made part of, the Agreement.
5. The Agreement may be modified only by a written amendment signed
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authorized representatives of both parties.
6. The Agreement shall be governed by, and construed in accordance with, the
laws of the Province of Ontario.
In witness where of the parties hereto have hereunto set their hand and seals on the
above date.
Proponent
Signed, Sealed and
Delivered in the ) By:
presence of (if practical); )
) Position:
) (I have authority to bind the Company)
)
) Witness:
) (If not under Seal)
)
) Owner
)
) Per:
Witness ) H.S. Hughes, Mayor
)
)
) Per:
) Yvonne Aubichon, Clerk
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Part VAppendices
Part V Appendices
Proponent Payment Information
Accessibility for Ontarians with Disabilities (AODA)
Contract Change Orders
Letter of Credit
Notice of o Propos
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, we will provide you with link at that time.
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 of Financial Institution:
Account Information:
Bank Code Transit Number Account Number
Remittance Information
Contact person:
E-mail address: _________________________________________
Name: Title/Position:
Phone: ( ) Fax: ( )
Signature: Date:
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Accessibility for Ontarians with Disabilities (AODA)
The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations underthis
Act were enacted to improve accessibility for persons with disabilities. This legislation
applies to public sector organizations such as the Corporation of the Township of
Oro-Medonte as well as to private companies and organizations that provide goods
and services on behalf of the Township.
The Township of Oro-Medonte is committed to ensuring legislative compliance and
providing persons with disabilities consistent opportunity and access to Township
goods, services, and facilities. Accordingly, the Township has adopted policies,
procedures, and practices that address integration, independence, dignity, and equal
opportunity.
The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07) was
developed to ensure that all customers can access goods and services and thattheir
individual disability needs are met while accessing an organizat goods and
services. This Regulation requires that obligated organizations ensure that every
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 with this Regulation by January 1, 2012.
The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes
requirements for information and communication, employment, transportation and
the design of public spaces in the built environment, as well as general accessibility
requirements. Public sector organizations and private businesses must comply with
this Regulation. Commencing in 2014, organizations must ensure that training is
provided on the requirements of this Regulation and the Ontario Human Rights Code
as it pertains to persons with disabilities to all employees, volunteers and those who
provide goods, services or facilities on behalf of the organization.
The Township of Oro-Medonte and all agents and contractors must comply with
the OADA and its Regulations. Failure to comply with the Act may result in
administrative penalties pursuant to Parts IV and V of the Act.
The Township may request that agents and contractors provide records of training
and confirmation of compliance with the Act and its Regulations. Links are provided
below to assist with compliance. Your co-operation and support are essential to
increasing accessibility for persons with disabilities.
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AODA Declaration Form
I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter
to the Township of Oro-Medonte do hereby make the following statements
that I certify to be true and complete in every respect. I certify, on behalf of
(Corporate Name of Proponent, thereinafter
) That
1. I have read and understand the contents of this form;
2. I understand that if this form is found not to be true and complete in every
respect, the Corporation of the Township of Oro-Medonte has the authority to
discontinue the services of the Proponent;
3. I am authorized by the Proponent to sign this form and to submit the form on
behalf of the Proponent;
4. I acknowledge that as a vendor of the 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 declare that I/we have reviewed, understand and will meet all accessibility
Acts and Regulations, as amended from time to time;
6. I declare that I/we will 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 this day of 2020.
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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. $
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:
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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 extra work and changes in the work must be authorized by
the Owner. Cases may arise when instructions on changes must be givento
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 changeis
more costly or if there is doubt about its desirability, it should be cleared withthe
Project Manager by telephone. Whenever possible, the price should be agreed
upon prior to the commencement of the work.
3. A change in the amount of a unit price item in the Schedule of Items and Prices
as a result of the measured quantity differing from the estimated quantity does
not require the issuance of a change order specifically for that item. The
change in amount will be covered by the last (Final Measurement) changeorder
issued for the contract, as explained in para. 11 below.
4. Extra work carried out on the direction of the Owner requires the issuance of a
change order. The change order must identify the work and shall give the
quantities, prices and amounts involved.
5. When work is to be performed on 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 NOT to 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 coveredby
the change order has been completed, a further change order is to be prepared
giving the final cost. It will be given a new number and 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 willbe
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
prices were 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
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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 for Completion should be given on account of
a change order. His recommendation should be given to the Engineer when
forwarding the change order to approval. If it is difficult or impossible to decide
at the date of issuance of the change order what would be a reasonable
extension to give, this should be stated and the matter should be discussed with
the Engineer at a suitable date.
10. Additional or extra work will be paid for out of the Contingency Allowance without
immediately changing the Contract Price. 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)." The descriptionwill
be "adjust quantities and amounts of all unit price items in the Schedule of Items
and Prices in accordance with the 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 in quantities and 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.
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Proposal Irregularities
Item Irregularity Response
1 Late Proposals Automatic rejection, not read publicly and
returned unopened to Proponent
2 Unsealed Envelopes (Tender or Automatic rejection
Other)
3 Amount on deposit cheque incorrect Automatic rejection
4 All required sections of Proposal Automatic rejection unless, in the
documents not completed consensual opinion The Finance
Department, Director in charge ofRFP
solicitation, Clerk or Treasurer, the
incomplete nature is trivial or insignificant
and does not affect the total price.
5 Proposals not completed in Ink, Automatic rejection
typewritten or automated printers
6 Incomplete, illegible or obscure bids Automatic rejection
or Proposals which contain
additions not called for
7 Erasures, alterations, or strike-out May be rejected, unless such changes
errors or irregularities of any kind
such two (2) business days shall be given
to rectify
8 Failure to attend mandatory site visit Automatic rejection
9 Automatic rejection
Proposals received on documents
other than those provided in RFP or
requested
10 Pricing or signature pages missing Automatic rejection
11 Part Proposals (all items not bid) Acceptable unless complete Proposal has
been specified in the request.
12 Documents in which all necessary Automatic rejection
Addenda, which have financial
implication, have not been
acknowledged
13 Two (2) business days to acknowledge
Documents in which all necessary
Addenda, which have informational
content, have not been
acknowledged
14 Automatic rejection
Proposals received on documents
other than those provided in the
Form of Proposal by the
Township of Oro-Medonte
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15 Proposals received without proper Acceptable if officially received on time
label used
16 Failure to insert the PrAutomatic rejection
business name in the spaces
provided in the Form of Proposal
17 Automatic rejection
Failure to include signature of the
person authorized to bind the
Proponent in the space provided in
the Form of Proposal
18 Automatic 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 in charge of Proposal
solicitation, Clerk or Treasurer or
designates, the qualification or restriction is
trivial or not significant and doesnot affect
the total price.
20
RFP clearly states that an award Proposals may be rejected except when the
may be made for individual items. RFP clearly states that an award may be
made for individual items (contractssuch as
equipment rental or some material contracts
which are in effect several individual
contracts combined).
21 Two (2) business days to rectify
Corporate seal or signature missing;
s authority to bind the
Corporation or signature missing
22 Corporate seal and signature Automatic rejection
missing; authority to signature
missing
23 Proposals Containing Minor Two (2) business days to correct and initial
Obvious Clerical Errors errors
24 Proposals Containing Minor Two (2) business days to correct and initial
Mathematical Errors errors. The Township of Oro-Medonte
reserves the right to waive initialing and
accept Proposal.
25 Un-initialed changes to the request Two (2) business days to correct and initial
documents which are minor (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 Available for further consideration unless
part specified otherwise in request
Page 65 of 66
Page 116 of 213
10.a) CS2021-1, Yvonne Aubichon, Clerk re: Ward Boundary and Council Com...
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 of Oro-Medonte
reserves the right to waive
28 Other mathematical errors which Two (2) business days to initial corrections.
are not consistent with the unit Unit prices will govern.
prices
29 Automatic rejection
Pages requiring completion of
information by 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.
Background Documents and Resources (available on Township website or upon
request)
Attachment A Ward Boundary Map below:
Page 66 of 66
Page 117 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 118 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
o
o
o
o
o
Page 119 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 120 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 121 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 122 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 123 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 124 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 126 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 127 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 128 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 129 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 130 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 131 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 132 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 133 of 213
10.b) FI2021-1, Shannon Johnson, Manager, Finance/Deputy Treasurer re: T...
Page 134 of 213
10.c) FI2021-2, Shannon Johnson, Manager, Finance/Deputy Treasurer re: F...
Page 135 of 213
10.c) FI2021-2, Shannon Johnson, Manager, Finance/Deputy Treasurer re: F...
Page 136 of 213
10.c) FI2021-2, Shannon Johnson, Manager, Finance/Deputy Treasurer re: F...
Page 137 of 213
11.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
Verbal Matters
Procedural By-Law No. 2015-203)
Name: Robin Dunn, CAO
11a) re: Update on COVID-19 Actions.
Item Number/Name:
Meeting Date: January 27, 2021
Motion No.: C210127-11
Type of Meeting: x Council Special Council
Development Services Committee
Accessibility Advisory Committee
Heritage Committee
Human Resources Committee
Open Session:
Potential Vaccination Sites in Simcoe Muskoka:
determine the feasibility of utilizing facilities located within communities in Simcoe
Muskoka as potential mass vaccination sites
emergency), Andria Leigh, Alternate CEMC (declared emergency),
and Shawn Binns, Director Operations & Community Services, the Oro-Medonte
Community Arena has been identified as a potential immunization site
Township staff following our COVID-19 Safe
Work Procedures
DHU the Oro-Medonte Community Arena may be used for a
potential vaccination site by the end of the week (January 29, 2021)
1/29/21
Page 138 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 139 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 140 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 141 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 142 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 143 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
TABLE 1
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11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
TABLE 2
TABLE 3
Page 145 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
TABLE 4
TABLE 5
Page 146 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
o
o
o
o
o
o
o
o
o
Page 147 of 213
11.b) DS2021-4, Curtis Shelswell, Manager, Municipal Law Enforcement/Chi...
Page 148 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Page 149 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Page 150 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Page 151 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Totals
Page 152 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Totals
Page 153 of 213
11.c) DS2021-5, Garry McCartney, Chief Building Official re: Building Di...
Page 154 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 155 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 156 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 157 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 158 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 159 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 160 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 161 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 162 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 163 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 164 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
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11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 166 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 167 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 168 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 169 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 170 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 171 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 172 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 173 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 174 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 175 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
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11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 177 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 178 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 179 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 180 of 213
11.d) CS2021-2, Marie Brissette, Special Projects Coordinator re: Corpor...
Page 181 of 213
14.a) Announcements of Interest to the Public: Oro-Medonte Snowman Conte...
Oro-Medonte Snowman Contest
With the beauty and quiet of winter upon us, comes opportunity to get outside and
have fun in the snow, right in our own front, back, or side yards.
Understanding challenges associated with not being able to participate in usual
activities due to COVID-19, from January 15th to February 28th, 2021, the Township of
Oro-Medonte is encouraging the Oro-Medonte community to play in the snow, take in
some fresh, crisp, air, and add a little fun to homes and neighbourhoods by
participating in a friendly community voting and prize-based snowman building
competition.
Contest Details:
1. Build a snowman with your household members in your yard. *Please note the
contest is open to residents of Oro-Medonte only.
2. Oro-Medonte business owners - consider promoting your business by building a
snowman at your business location.
3. Take a picture and share your snowman on social media using
(#oromedontesnowman) indicating your contest category of choice in your
post. Facebook Event
4. Snowman submissions must be suitable for all audiences; the Township of Oro-
Medonte will remove any submissions deemed to be inappropriate at its sole
discretion.
5. Snowman picture submissions are considered to be public, and will be viewed by
the general public.
6. Submission of snowman pictures provides permission to the Township to use
images for marketing purposes at its sole discretion.
Page 182 of 213
14.a) Announcements of Interest to the Public: Oro-Medonte Snowman Conte...
Contest Categories:
1.Traditional “Frosty”
2. Creative – think colours, shape, size, design and style
3.Business –local businesses, please submit under this category
How to Vote:
1. Category winners will be based on the highest number of Facebook likes per
individual snowman submission at the closing of the competition. The closing
date is weather dependent and targeted for February 28,2021.
2. Remember to like and follow your submission and share with your friends and
family
Prizing:
1st, 2nd, 3rd prize winners from each category will be given a gift certificate for an Oro-
Medonte business of their choice
1st prize - $100.00 gift certificate
2nd prize - $50.00 gift certificate
3rd prize - $25.00 gift certificate
Closing of the contest is weather dependent so be sure to build your snowman and take
pictures and post while there is still snow on the ground, and the weather is cold.
Please remember to follow all COVID-19 safety measures, have fun, and play safe while
creating your snowman.
Page 183 of 213
14.b) Correspondence dated January 18, 2021 from Jenna Stevenato, Social...
Hope Through Housing
Page 184 of 213
14.b) Correspondence dated January 18, 2021 from Jenna Stevenato, Social...
Page 185 of 213
14.c) Correspondence dated January 12, 2021 from Whitney Walsh, Vice Pre...
!
January 12, 2021
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M1M3F1!
RE: January Crime Stoppers Flag Raising
Dear Mayor Hughes,
Crime Stoppers of Simcoe-Dufferin-Muskoka would like to make a request to have our Crime Stoppers flag
raised during Crime Stoppers month in January 2021. We would appreciate your consideration in flying the
Crime Stoppers flag during the month of January and would be honoured if you would attend and raise the flag
with our local board and committee members. Please provide us with a date in January that would be most
convenient for the Township of Oro-Medonte and yourself to raise our flag so that we may notify the media
accordingly.
As Crime Stoppers is a civilian, non-profit charitable organization that brings together in a cooperative
relationship the police services of a community, the media and members of the community in the fight against
crime. Since Crime Stoppers is not a police program, it is important for our organization to provide as many
awareness events possible to provide this information to the public and we would greatly appreciate your
assistance.
Thank you in advance for your consideration in attending this event.
Kind regards,
Whitney Walsh, Vice President
Crime Stoppers of Simcoe Dufferin Muskoka
!
Page 186 of 213
14.c) Correspondence dated January 12, 2021 from Whitney Walsh, Vice Pre...
!
January 12, 2021
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Upxotijq!pg!Psp.Nfepouf!
259!Mjof!8!Tpvui!Psp.Nfepouf-!Poubsjp!!
M1M3F1!
RE:
Dear Mayor Hughes,
We need your assistance in our continuing effort to promote Crime Stoppers in your community and it would be
greatly appreciated if you would recognize CRIME STOPPERS by presenting a motion to declare or proclaim
CRIME STOPPERS, of Simcoe-Dufferin-Muskoka was established on January, 12, 1987 and became
incorporated as a non-profit charitable organization on February 11, 1987. The program is operated by a
volunteer Board of Directors, who oversees all phases of the program;
CRIME STOPPERS is not a Police program nor funded by the provincial or federal government or from police
agencies. The program is operated solely with monies generously donated from the private sector, businesses
or raised through fundraising efforts of the volunteer Board of Directors and committee volunteers;
CRIME STOPPERS is a program that benefits everyone in the community and in 2005 Crime Stoppers
International was recognized by the United Nations as a global force in the fight against crime and terrorism;
CRIME STOPPERS mandate is to assist the Police in solving crimes thereby making our communities and
schools safer. Through the media, the public is encouraged to call a province wide toll free number 1-800-222-
8477 with any information about a crime that has occurred or is about to occur. If the information provided
solves or prevents a crime, the anonymous caller is eligible for a cash reward.
Anonymous calls to CRIME STOPPERS of Simcoe-Dufferin-Muskoka have assisted the Police and other
investigative agencies in making 4,890 arrests, recovering stolen property valued at almost $13 million and
seizing over $73 million in illegal drugs. For this information, Crime Stoppers has approved $404,622 in cash
rewards and received over 64,600 tips.
Thank you for your support,
Whitney Walsh- Vice President
Crime Stoppers of Simcoe Dufferin Muskoka
!
Page 187 of 213
14.d) Correspondence dated January 12, 2021 from Michèle Newton, Preside...
Page 188 of 213
14.e) Correspondence dated January 14, 2021 from Shawna Bailey, Executiv...
Good afternoon;
We are requesting that a Proclamation be made for March 26, 2021 as Purple Day for Epilepsy Awareness.
Proclamation Request for March 26, 2021 as Purple Day for Epilepsy Awareness
Whereas;On June 28, 2012, the Purple Day Act (Bill C-278) received a Royal Assent in Canada;
and
Whereas; Epilepsy is a common neurological disease that is not well understood, and affects
approximately 1 in every 100 persons in Simcoe County; and
Whereas; Epilepsy is a chronic neurological disease which affects each person differently, with the
effects ranging from mild and relatively minor to extremely serious (which includes death); and,
Whereas; Epilepsy Simcoe County was established in 1978 to assist individuals, families, caregivers,
and professionals in our area with education, support, and advocacy in relation to epilepsy
awareness.
Therefore; I _____________________ do hereby proclaim March 26, 2021 as “Purple Day for
Epilepsy Awareness” in ______________________.
Stay Informed
This e-mail message, and any attachments, may contain information that is confidential and/or
privileged. They are intended for the exclusive use of the addressee.
Any other person is strictly prohibited from disclosure, distribution or reproduction.
If you receive this e-mail in error, please immediately inform the sender by return e-mail and delete
this e-mail message along with all the attachments and destroy all copies.
Page 189 of 213
14.f) Correspondence dated December 22, 2020 from Caroline Mulroney, Min...
Ministry of Ministère des
Transportation Transports
Office of the Minister Bureau de la ministre
the
777 Bay Street, 5Floor777, rue Bay, 5étage
Toronto ON M7A 1Z8 Toronto ON M7A 1Z8
416 327-9200 416 327-9200
www.ontario.ca/transportation www.ontario.ca/transports
December 22, 2020
107-2020-4497
His Worship Harry Hughes
Mayor
Township of Oro-Medonte
harry.hughes@oro-medonte.ca
Dear Mayor Hughes:
Thank you for your letter regarding the Township of Oro-traffic
signals and safety audit at the Highway 12 and Warminster Sideroad intersection. I
appreciate your concerns and welcome the opportunity to respond.
Please be assured that the ministry has been proactively monitoring the operation and
safety of the Warminster Sideroad intersection. Over the last few years, staff have been
monitoring the need for traffic signals on Highway 12 within Warminster. Traffic counts
conducted in 2019 indicate that a full set of traffic signals at the intersection is not
warranted at this time.
The ministry understands the t road safety within the growing
community of Warminster. I understand that on November 10, the Honourable Jill
Dunlop, MPP, Simcoe North, had a Zoom call with you and Oro-Medonte councillors
and constituents regarding the pedestrian crossover (PXO) at the Warminster Sideroad
intersection and discussed opportunities for upgrading the PXO to an intersection
pedestrian signal (IPS).
A pedestrian signal appears to motorists on the highway as a regular set of traffic
signals with signal heads that turn red, amber and green. As this is a traffic signal, I
believe this will address community concerns associated with the current PXO in terms
of the level of safety for pedestrians crossing the highway. The conversion of the PXO
to an IPS is considered a municipal initiative, with all costs for the design and
construction borne by the municipality. The IPS would need to be designed and
constructed to ministry standards.
Regarding your request for a safety audit, ministry staff have conducted a review of
safety and speeds associated with the Warminster Sideroad intersection and are
currently finalizing their report. The report will be completed by the end of December
and will be shared with the township at that time. Ministry staff will also provide
information about how to proceed with the IPS at the same time.
.../2
Page 190 of 213
14.f) Correspondence dated December 22, 2020 from Caroline Mulroney, Min...
-2-
Thank you again for reaching out to me with your concerns.
Sincerely,
Caroline Mulroney
Minister of Transportation
c. The Honourable Jill Dunlop, MPP, Simcoe North
The Honourable Doug Downey, MPP, Barrie-Springwater-Oro-Medonte
Bruce Stanton, MP, Simcoe North
Doug Shipley, MP, Barrie-Springwater-Oro-Medonte
Page 191 of 213
14.f) Correspondence dated December 22, 2020 from Caroline Mulroney, Min...
Page 192 of 213
14.f) Correspondence dated December 22, 2020 from Caroline Mulroney, Min...
Page 193 of 213
14.g) Correspondence dated January 9, 2021 from Oro Medonte Community Co...
Page 194 of 213
14.h) Correspondence dated January 18, 2021 from Sylvia Stark, Chairpers...
Page 195 of 213
14.i) Correspondence dated January 19, 2021 from Scott Miller, Forest In...
A Solid Wood Bioheat Guide for Rural and Remote
Communities in Ontario
Page 196 of 213
14.i) Correspondence dated January 19, 2021 from Scott Miller, Forest In...
Page 197 of 213
14.j) Correspondence dated January 22, 2021 from Jeff Yurek, Minister, M...
Page 198 of 213
Planning Act
Planning Act
the
Planning Act
Planning
Act.
Planning Act
Planning Act
Planning Act
17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
Municipal Act2001
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
Ontario Infrastructure and
Lands Corporation Act, 2011
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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17.c) 2021-013: A By-Law to Approve the Submission of an Application to ...
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19.a) 2021-016: 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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