02 19 2003 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, FEBRUARY 19,2003
TIME: 7:00 P.M.
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1. OPENING OF MEETING BY THE MAYOR
2. PRA YERlCONTEMPLA TION/REFLECTION
3. NOTICE OF ADDITIONS:
4. ADOPTION OF AGENDA:
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5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of February 5,2003.
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
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a) 7:15 p.m.
b) 7:25 p.m.
Dr. Andrea Woloszczuk, re: parklands in Plan 709.
Ms. Barbara Woloszczuk, re: parklands in Plan 709.
1 O.CONSENT AGENDA CORRESPONDENCE:
a) Township of Springwater, Notice of the Passing of a By-Law to Amend Zoning
By-Law No. 83-15 (Former Township of Vespra), re: Pinehill Estates
Subdivision Rezoning.
b) City of Barrie, Committee of Adjustment, Submission No. A 12/02, re: 392
Dunsmore Lane.
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c) City of Barrie, Notice of an Application, re: Part of Lot 6, Concession 1, re:
Official Plan Amendment and Zoning By-Law Amendment - James & Kelly
Lacey.
d) County of Grey, re: Resolution re: Draft Stage 2 Regulations under Bill 81.
e) Association of Municipalities of Ontario, re: Alert 03/005, re Province's
Nutrient Management Policy.
f) Easter Seal Society, correspondence re: March is Easter Seals Month.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
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None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Mayor J. Neil Craig, re: County of Simcoe, Landfill Site #11, The Oro-Medonte
Landfill, February, 2003 Remediation Update.
13. REPORTS OF COMMITTEES:
a) Minutes of Committee of the Whole meeting, February 12, 2003.
b) Minutes of Recreation Advisory Committee meeting, February 6,2003.
14. COMMUNICATIONS:
a) Simcoe County Plowmen's Association, correspondence re: Simcoe County
Farm Festival, August 16-17,2003.
15. IN-CAMERA:
None.
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16. BY-LAWS:
a) By-Law No. 2003-012
Being a By-Law to authorize the execution of an
Agreement between the Township of Oro-Medonte
and Her Majesty, The Queen in Right of Ontario,
as Represented by the Associate Minister of
Municipal Affairs and Housing.
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17. CONFIRMATION BY-LAW NO. 2003-013.
18. QUESTIONS AND ANNOUNCEMENTS:
19. ADJOURNMENT:
ADDENDUM
COUNCIL MEETING
Wednesday, February 19, 2003
9. DEPUTATIONS:
c) Mr. Doug Campbell, re: request for deputation with respect to Plan 709.
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\Vithout Prejudice
Dr. Andrea Woloszczuk & Barbara Woloszczuk Deputation:
To Oro-Medonte Council February 19, 2003
We are here tonight to ask Council to stop Plan 709 Parklands trom going into
private hands and find out why Council has not responded to our questions with regards to
these Parklands. New information that has become available will be presented. We would
also like to respond to Mr. Campbell's letter. Then we will be presenting our plans for a
community awareness program.
It is evident that Council has decided that the Status Quo for Parklands in Plan 709
will not be continued. The Press reported the mayor as saying that this as a closed matter
and, quite trarikly, we are surprised. Shouldn't council be listening and responding to the
community and the public? Why is this a closed matter? Based on public response at the
February 6th, Council meeting, we are confident that the overwhelming majority of
taxpayers of Oro-Meodnte do NOT wish to see this land fall into a few private hands. As
you are aware, from our last deputation, we feel that if our community's original deeded
access cannot be legally reinstated, then the land should be open to all.
Council seems to be ignoring the wishes of the taxpayers as seen in the Secondary
Parkland Study. Instead, Council is cleansing their hands, of a beautiful stretch of
waterfront, longer than Oro-Memorial Park, and selling it to a select few tront lot residents.
I have to stop and ask Council, "Why is this being done?" If it's regarding problems with
liability or taxation or encroachments, then we think our time and efforts would be better
spent trying to come up with creative solutions to try to solve those problems rather than
disposing of these lands that have been enjoyed by a community for 74 years. We can
appreciate that it might be easier trom a tax assessment or liability point of view to be
dealing with 13 privately owned waterfront lots, but we don't think that the easier way out,
is necessarily the best. We need to rally together to come up with creative solutions that
will benefit all of us.
Let's be~dn bv addressinS! the issue ofliabilitv:
In his letter to council Mr. Campbell states that" a slideshow was prepared to all
members of council, which clearly showed the waterfront in question is not suitable as a
public waterfront' He states that, "the shoreline is far too steep." And thus creates a
liability problem. We' like to point out that the park has been used for 74 years without a
liability incident. Moreover, Block 38, which is a public park, has equally steep banks to
the water. Similar property near Hawkestone has steeper banks, yet at least so far,
it is being retained. Nearby Shellswell Park also has a rocky and slippery entrance to the
water. Are all these parklands scheduled to go into private hands because ofliability? We
hope not!
Imagine if every level of government took the same approach to liability because of
natural slopes. One of Toronto's famous landmarks is the Scarborough Bluffs. I live near
these Bluffs, which overlook Lake Ontario. Many properties abut this public waterfront
parkland, which drops treacherously, two hundred feet down to the lake. It's obviously not
conducive to swimming, but the public thoroughly enjoy promenading through this park.
My point to Council is that the land in question here, is not just being used as a swimming
area, but as a beautiful location for strolling and enjoying the vistas. With the actions that
this Council is taking, all such public waterfront parklands could suffer such a fate. Does
this council feel that the national treasures such as the Cabot Trail or the Columbia
Icefields, be taken away from the public as well?
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Furthermore, and closer to home is the former CNR railway line in Barrie, which is
now public. Have you witnessed the steep banks to Lake Simcoe along parts of this
watemont? They dwarf those in Plan 709. If liability is indeed an issue, why is it that
Barrie can deal with it and Oro-Medonte cannot? It is an interesting point that Barrie is
acquiring more watemont parklands with similar liabilities and making them accessible to
all. They now have beautiful waterfront parkland, free of encumbrances, accessible to all.
Perhaps we should be looking to other cities like Barrie, Orillia or Scarborough to find
more creative models to address issues of liability, taxation and encroachments. It is vital
that we do this before the parklands are gone. The Oro Moraine Study says to expect the
township's population to grow by 10,000 people. Ifwe cannot come up with creative
solutions for all, there will be less waterfront parkland available for the growing population
and future generations to come.
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If this council believes that the only solution is to get ride of the parklands, perhaps
the residents ofOro-Medonte would be better served if Plan 709 and similar Parklands
were transferred to the City of Barrie. Barrie doesn't mind residents ofOro-Medonte
coming to use their watemont parklands. As a matter offact, with the plans of this council
and the growth projected, that's about the only choice there will be.
To compensate for our community's reduction in watemont property council is
offering us two additional pieces of property, neither of which, are as user friendly or as
valuable as the watemont that is being taken away. In addition, we in the community are
suddenly faced with paying insurance and taxes on these pieces ofland. Again we have
question the practice of transferring publicly owned land to a few private select citizens. Is
the Oro-Medonte Community aware of this and in agreement with this? Mr. Campbell
claims it is a logical decision to sell the property to the frontlot owners. It may serve in the
best interests of Mr. Campbell but how can it possibly be logical when it doesn't serve in
the best interests of our whole community and the public? Incidentally, why is it that Mr.
Campbell did not need to give written notification four days in advance to speak to council
unlike Mrs. Hastings and ourselves?
In response to Mr. Campbell's letter, yes it is ludicrous to suggest that an
independent certified land appraiser did not do his job properly. It is not the appraiser we
are questioning. It was council's method of having the land appraised that is being
questioned. Is council going to selling these lands at the appraised value? Mr. Campbell
states that he is a registered real estate representative and questions our training when
comes to speaking about Parkland 709 property. We are not real estate agents but we do
understand the following two points: Watemont taken away depreciates our property
values: Acquisition ofwatemont property substantially increases the value of one's
property. It' common knowledge. Being a registered real estate representative you might
also think that Mr. Campbell would appreciate that public land when being sold into
private hands is usually tendered or sold through a realtor. This procedure is being
bypassed with Plan 709 Parklands. Instead these lands are being sold directly by Council to
a few select front lot owners. Furthermore, Council seems to be bypassing the same
procedure with the transfer of the additional two lots to our community. Again a real estate
agent or tender is not being used, and I have to wonder if the rest of the Oro-Medonte
community is aware that publicly owned land in being transferred to private hands without
their knowledge.
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Mr. Campbell states that we failed to mention that the taxpayers will be picking up the tabs
for backlot owners for surveys and deeds of properties being transferred to them with no
purchase price, including the 100 foot stretch ofwatemont. The backlot owners of Plan
709 have not accepted these properties in exchange for our original watemont parklands.
Therefore there are no deeds or surveys to be done and thus, tabs for backlot owners would
not be picked up by the taxpayers.
As previously mentioned, Plan 709 Parkland is not used just for swimming. It is a
beautiful walking area that could be extended with the joining of block 38 to Plan 709.
Taking away the Plan 709 Parkland virtually eliminates all possibility of effective use for
Block 38. We realize that the township places such little value on Block 38 that originally
they were throwing it in with the Parkland 709 deal until the residents of that plan
objected. Incidentally the CAO mentioned on January 7th, that this property could not be
given to Plan 709 because there was not an equivalent parcel of lakefront property to
replace it. We ask council to take a second look at the entire picture. (Use Map)
As Mrs. Hastings mentioned in her deputation, the Council is here to do the will of
the people and leave the township a better place for having been here. Other than the five
members of this council who voted for this and others who feel that they may personally
benefit, we are unable to find anyone who feels that Oro-Medonte will be a better place by
getting rid of prime lakefront property, a stretch that is longer than Oro- Memorial Park.
How can it be a better place for all if it's only going to benefit a select few lot owners? Can
you honestly say this is the will of the people? As well, Council's actions sharply
contradict its own unanimous endorsement of the Parkland Secondary Study, where
residents overwhelmingly rejected disposing oflakefront parklands.
We are disappointed that council rejected Mrs. Hasting's request for a public
information meeting. Seeing as council did not see fit to reassess what they believe to be
the will of the people, by holding a public meeting, we are planning on doing that
ourselves. The first meeting is scheduled for Thursday, March 20, beginning at 7:30 PM in
the gym of Guthrie School. All members of Council are asked to attend. There are some
issues that we know that the public would like addressed.
Mr. Mayor and Mr. Deputy Mayor
You are probably aware that most historians site the sale of Manhattan Island as the
most lopsided real estate deal in history. However, the Indians at least ended up with
trinkets and beads and did not pay to have their watemont lands taken away from them.
Not only will the Oro-Medonte residents come out of the deal empty handed but they will
using their own tax dollars to have their watemont parkland taken away from them. Are
you negotiating other similar deals on behalf of Oro-Medonte that we do not know about?
We have also heard that the cities of Barrie and Orillia are looking towards Oro-
Medonte to expand their territories. If council cannot come up with constructive solutions
that accommodate the majority then perhaps the mayors of Barrie and Orillia would be
interested in acquiring lakefront lands and solving the concerns in order to enrich their
communities with this valuable watemont property. Clearly, we do not want this to
happen. We know that we can come up with practical solutions if we are given a chance to
address the problems at hand.
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Councillor Fountain
We have noted from the minutes that you originally voted not to dispose of this
property. Then you changed your vote. We are wondering why? We are also wondering if
you plan on changing your vote to get rid of the promenade near Hawkestone as well. If
you are not, then why is it okay to get rid of lakefront parkland in another ward but not in
your own.
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Councillor Marshall
We notice from the minutes that are Oro-Medonte's representative on the Lake Simcoe
Conservation Society. We read about your support and involvement with the PALS
program where youth paddled around Lake Simcoe spreading the word on how to improve
the health of the Lake.
We are wondering why you think it is a good idea to privatize and do away with a long and
beautiful expanse of natural shoreline that helps to protect the quality of the lake. Should
everyone not be doing everything possible to preserve the health of Lake Simcoe?
To all those on Council Who Voted for This Deal
Obviously all members of Council who voted to dispose of this heritage resource do not
feel the same obligation towards future generations that was felt by the forefathers of Oro-
Medonte. Actions to make Oro-Medonte a better place has resulted in the words '''Proud
History" "Exciting Future" on the welcoming signs to the municipality. We wonder why
these examples are no longer being followed.
Community Awareness Program
Four members of this council of this council turned down Mrs. Hastings request for a
public meeting. They have no difficulty supporting numerous public meetings with paid
consultants to protect the moraine. We wonder why they do not see Lakerront Parklands
and the health of Lake Simcoe as being equally important. A growing group of private
individuals believe that Mrs. Hastings request should be honoured. This group at their
own personal expense is initiating a public awareness program where we plan to survey the
public regarding the Lake Simcoe Parklands. We will be placing ads in newspapers. We
are developing a website and we are exploring other means of advertising. During the
information meeting being held at Guthrie School on Thursday March 20th we will be
presenting the facts. All members of Council are asked to attend and will be asked to
provide a written response to questions given to them prior to the meeting. We will begin
this meeting by letting everyone know that the public owns the property outright and has
acquired title in a manner that does not require any wrongs to be righted. Once we survey
all ofOro-Medonte we will bring the survey of the results to you and invite all residents to
hear the results when they are presented to you. We ask that council please wait until we
have returned with the results before proceeding with the disposal of this prime non-
renewable lakerront property. Unlike other studies this information will be provided to
council ftee of charge and all that council needs to do is wait for the results before
proceeding with further with matters relating to parklands.
We also trust that we will be notified if any of the information that we have presented
requires corrections.
709 Chronology of Events
- Townshil) I) resented the Plan 709 parklands
to the Imblic as genuinely Restrictive while
failing to make it known that a 40-year eXI)iry
law has already resulted in the Townshil)
having clear title with no encumbrances since
1997.
. Township solicited opinions from Plan 709
property owners without making them aware
of the 40-year expiry law regarding their
deeded property rights and that it enabled
public access to the parldands
. On October 12, 2000 the council of the day
voted to sell some of the lake front parkland,
give the remainder away and have Oro-
Medonte taxpayers pay legal costs and the
costs of upgrading drainage for the properties.
The report submitted to council did !!!!!
mention the 40-year expiry law or that the 709
property owners preferred having the
parklands made public if the Status Quo was
not maintained by the township. However, it
did note that the consensus of township's own
Parkland Secondary Study was that this area
of the Municipality had little available access
to water.
Voting for: Deputy mayor Bell, Councillors
Craig, McConnell & Sommers
Voting ae:ainst: Councillors Fountain & Hough
. The township commissioned the same
company on two separate occasions to appraise
different I)arts of the same property
.On December 18, 2001 this council voted to
endorse the sale of the parklands at a price
believed to be lower than the appraised fair
market value. (The Township refuses to
disclose the al)l)raisal value or selling price)
Voting for: Deputy Mayor Craig, Councillors
Fountain, Dickie & Marshall
Voting ae:ainst: Councillors Hough & Hughes
.Upon being notified that the township had
failed to comply with its own by-law by selling
publicly owned property directly without the
use of tender or a relater, the township
amended the by-law to enable these properties
valued at approximately 2 million dollars to be
sold directly to selected property owners.
Voting for: Acting Mayor Craig, Deputy-
Mayor Dickie, Councillors Fountain, Hough &
Marshall
Voting ae:ainst: Councillor Hughes
.AII front lot l)rOperty owners aCCel)ted the
township's offer to sell them the property at a
price determined by council itself
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-Mter numerous refusals, the Oro Lea Beach ~ % ':P ~ .
Association president appealed the township's ~ ~\ (j\
refusal to disclose the law that it was ~ Q ~
referencing to override their deeded rights, the ~ \ ~
appraisals and the selling price to the Privacy p ~ ~
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.November 2002, the township sent the 709 .<6
Backlot owners notification declaring its intent
to proceed and that it would select the option
for those who do not return the form by the
specified date. The township still did not give
notification of the 40-year expiry law.
-January 2003, the township lawyer revealed
the 40-year expiry law and the CAO gave
notification of the township's intent to proceed
with disposing of the parklands before the
Privacy Commissioner makes a ruling.
.Fehruary 5, 2003 Barbara & Andrea
W oloszczuck made a scheduled del)utation to
Council. Doug Campbell spoke to council
without a motion of council granting consent.
He later sent a follow-up letter as a summary
of his presentation.
. February 12, 2003 Patricia Hastings, after
council passed a motion to waive the 4-business
day rule for depurations, was granted a
deputation. Her request for open meeting so
that council could explain its position and
answer questions was denied.
Voting For Granting the Open Meeting:
Councillors Hough, Hughes & Marshall
Voting Ae:ainst: Mayor Craig, Deputy-Mayor
Dickie, Councillors Bell, &Fountain
-February 12,2003 Council passed a motion to
delay proceedings with parklands until the
Privacy Commission had ruled on the appeals
Voting For: Councillors Bell, Fountain,
Hough, Hughes & Marshall
Voting Ae:ainst: Mayor Craig, Deputy-Mayor
Dickie
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Sot the 7 111enlbers of Oro-Medonte CouncIl
have already voted to get rid of Lakefront
Parklands.
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One reason giVe!l is tIle liability presented by
steep and rocky shorelitles.
The township tool< over outright ownership of
the Oro Lea Beacll Lallds ill 1997. Rather than
n1aking thenl p~blic tlley l1ave voted to dispose
of then1. This area has lnore beachfront than
Oro-Men10rial PaI'l(
The reasons for doing so 11ave inlplicatiol1s for
Shellswell Park,. the PI'oll1el1ade near the 10th
Line and other lakefI'ol1t parl<lands.
To hear facts firsthal1d COlne to the Council
Meeting, held at the Township Office this
Wednesday, February 19, 2003 at 7:00 PM.
171is llo(ic;e is pl'cJllideJ by a llew/y formed:
Save Our Parklands Group.
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Oro Station, ON
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February 6, 2003
Mayor and Council
Corporation of the Township ofOro-Medonte
Box 100
Oro, Ontario
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Re: Deputation pertaining to sale of park land in Plan 709 at Council meeting February,3. 2003
To his Worship and members of Council
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I am concerned with information being provided to council regarding the parklands contained
within plan 709. Many of the statements made have been misleading.
The community of plan 709 has not always welcomed the public to the park in block A and the
community has taken many steps to ensure that the park land remain "Private". There was a
sign posted on the community notice board which reads "Private". When the township erected a
sign at the entrance to the waterfront access, the association inquired as to the possibility of
having the words "Private or Restricted Use" added to the sign. This inquiry was met with a
negative response. I also understand that the sign announcing this township park was cut down
and another one had to be erected. Clearly, the members of this community do not wish the
parkland to be made public
During that fall meeting with council when both rooms were completely packed with the
residents of Plan 709, it was put to us if we wanted to make the parklands public. A resounding
negative response was the answer and this should be on record from that council meeting.
Council has been clearly above board with information to our community. The association was
clearly informed that the law had changed which allowed council to remove the restricted use
designation. The association also held numerous meetings which are outlined in the minutes
taken by myself which dealt solely with the issue in question. The association hired a law firm,
Oatley-Purser, to seek legal counsel regarding the issue in question. Numerous meetings were
held with the CAO, the vice president of the association representing the back lot residents, and
myself representing the waterview residents. Information was disclosed to the members of the
community and there was no deception. Jennifer Zieleniewski was extremely professional in her
handling of the situation giving equal attention and information to both factions of the
community. She was extremely transparent with whatever information she was capable of
disclosing. Issues and suggested solutions pertaining to insurance and taxation for the back lot
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residents were discussed. I find it difficult to believe that people feel that they have not been
infonned at every step of the way.
Letters complaining to council of certain activities within the community clearly predate
council's decision pertaining to the parklands in Plan 709. There are many long tenn ratepayers
in the community who discuss the cyclical nature of unrest that has been ongoing for decades.
The division within the community is not council's doing.
The waterfront property we are discussing is not "prime real estate" and suggestions to the
contrary are irresponsible. The council of the day, after many had walked the extensions of
Block A, after viewing a slide show presentation of the area, and after many questions and
answers, concluded that this section of Block A is not conducive to a public waterfront park.
For those of you new to council and for those of you who do not know the area but instead are
relying on the statements of others, I invite you come and walk this stretch of land. The
shoreline is rocky and steep with a drop of 20 feet from the bank. There are wells and septic
beds that extend into the parkland. At the other side, the parkland is within inches of my house
and many of my neighbours. Is it council's decision to increase the risk of vandalism and
invasion of privacy for these residents that border along this stretch ofland? Today, Council
would not pennit buildings to be erected so close to parkland. If you allow this to become
completely public access then you are creating a situation for privacy and safety issues for the
residents who abut this property.
The logical decision to be made is to sell the adjoining property owners the land in front of their
private residences.
This waterfront was also compared to other waterfront in the area which sells for around $2600
a front foot. The analogy falls short, however, since this strip of land cannot be developed for a
number of reasons and therefore its value is not equivalent to a waterfront building lot. To
suggest that an independent, certified land appraiser did not do his job properly and used
questionable techniques is simply ludicrous. I am a registered real estate representative and I
understand the issues which decrease the value of this particular piece of waterfront. I wonder
what training either speaker possesses to have come to their conclusions?
Council's decision to sell this portion of Block A has started a series of events happening. The
property has been surveyed, the drainage ditch has been relocated, people have bought property
with the understanding that the waterfront was being sold. Financial commitments and decisions
have been made by many on the basis of Council's decision to sell this property. Is Council
prepared to make restitution? I find unimaginable that Council would, at this stage of the
process, reverse its position on this matter. Council seems to lost its progressive nature and has
become ineffective if it regresses and delays on decisions made every time a disgruntled person
wishes to be heard.
Council made us an offer for the sale of land after much thought and input from the community
and due diligence from staff and certain councillors. Does Council's commitment have no
integrity or merit?
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It would appear that the group that makes the most noise gets the attention of council. The
waterview residents of plan 709 have been relatively quiet on the issue of the disposition of
parkland in our area mainly due to council's decision to proceed with the main elements of a
plan which was put together with the representation of all interested parties, with assurances
from our councillor that he supported council's decision, despite the fact that he is actively
working on behalf of a select group of people, and from the CAO who indicated that staff had
been given direction to proceed with council's decision.
I recently received a letter from the township. Is it council's current position that because the
back lot residents cannot or will not make a choice as to the method of ownership of the new
Block A, Block B and Block C that the entire process is to be scrapped and all these lands made
public? Where will the parking facilities be located? Will Block B be turned into a parking lot?
Is Council going to ignore the rights ofwaterview residents to private enjoyment of their
property by making this strip of land public?
The privacy commission report seems to be a sticking point. I do not understand what freedom
of information has to do with Council's decision to sell land. One should not preclude the other
from happening. . ~i.i ~ ~ ~ h,~~:~...__t-~
For this group to have invited the media to~rrt on a story which was presented with such bias
and part truths borders on the irresponsible. It is my hope that council will not reconsider its
decision based on this deputation. There are people within this community who have put their
lives on hold over this issue for over 2 ~ years. Property has been offered for sale and
acceptance has been provided by those concerned. It is my hope that Council will proceed with
its original decision. Many opportunities were provided for input and this situation of delaying
the process simply continues to invite more deputations from both sides of the issue. We need
some closure to this process. Our lives have been on hold long enough. It is time to proceed and
conclude this matter.
I appreciate the time you have taken to hear my deputation.
Respectfully
Douglas L. Campbell
Lot 41, Plan 709
(705) 487-1269
simcoe l@bigfoot.com
Page 1 of 1
Marilyn Pennycook
From: Doug Campbell [campbeIl1269@rogers.com]
Sent: Wednesday, February 19, 2003 6:24 PM
To: clerk@oro-medonte.ca
Subject: Request to heard by Council
Dear Madame Clerk
I would like to request that Council waive its procedural by-law to allow me to speak as a deputation at
the council meeting scheduled for this evening, February 19, 2003 regarding the disposition of property
contained in plan 709.
I am Doug Campbell, Lot 41, Plan 709.
I appreciate you making this request on my behalf.
Thanking you in advance,
Respecfully
Doug Campbell
simcoe1@bigfoot.com
2/1912003
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P OF SPRINGWATER
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j OF A BY-LAW TO AMEND
_AW NO. 83-15
SHIP OF VESPRA)
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ion of the Township of Springwater passed By-law No. 2003-0010
34 of the Planning Act, R.S.O. 1990. c.P.13, as amended.
may appeal to the Ontario Municipal Board in respect of the by-law
~ Township of Spring water not later than the 27to day of February,
ions to the By-law and the reasons in support of the objections.
Dntario Municipal Board Act, 1989, c.5. $.14(3), part; 1994. c.21.
Jnicipal Board is $125.00. Kindly make your cheque payable to the
IS may appeal a zoning by-law to the Ontario Municipal Board. A
po rated association or group. However, a notice of appeal may be
ber of the association or the group. If a person or public body who
of the Township of Springwater in respect of a proposed zoning by-
meeting or written submissions to The Corporation of the Township
aw is adopted, the Ontario Municipal Board may dismiss all or part of
lmend Zoning By-law No. 83-15 of the former Township of Vespra,
Part lots 1 and 2. Concession 3, former Township of Vespra, from
,ction" (EP) Zone to the "Estate Residential- Special Exception" (RE-
>rotection (EP)" and to implement those uses approved under draft
~mendment will be to satisfy a Condition of Draft Plan Approval and
mtiallots. The location of the land affected by this zoning change is
ion in my office. Lower East Wing, County Administration Centre,
ular office hours, Monday to Friday, 8:30 8.m. to 4:30 p.m.
HER THIS 7TH DAY OF FEBRUARY, 2003,
Eleanor J. Rath, Cieri<
Township of Springwater
Simcoe County Administration Centre
MIDHURST, Ontario LOL IXO
Telephone(705)728-4 784
...
:AF! IN3S
CITY OF BARRIE
COMMITTEE OF ADJUSTMENT
TAKE NOTICE that an application has been received from Crisdawn Construction
Inc., for a variance from Zoning By-law 85-95.
This application is made pursuant to Section 45 of the Planning Act of Ontario, revised
Statutes of Ontario, and amendments thereto.
The applicant owns property described as Block 340 according to Registered Plan 51 M-
689, in the City of Barrie. This property is known municipally as 392 Dunsmore Lane.
This application, if granted by the Committee of Adjustment, will serve to permit the
construction of a home with less than the required side yard.
Required by By-law
Proposed
Side Yard 7.5m (24.6 ft.)
Abutting Penetanguishene Road
3m (9.84 ft.)
This property is zoned Multiple Family Residential RM2 TH (SP-101).
TAKE FURTHER NOTICE that the Committee of Adjustment has appointed
Wednesday, February 26, 2003, the date on which to hold a Public Hearing in the Sir
Robert Barrie Room on the 2nd. Floor at City Hall. This application and others will be
heard commencing at 7:30 p.m.
Notices are sent to all property owners and tenants shown on the last assessment
records to be within 60m of the property involved in this transaction.
Although this is a Public Hearing, you are not required to attend unless you wish to
object to the application, or wish to present your views on it. If you do not attend, the
Hearing will proceed in your absence and you will receive no other notice of this
application before the Committee of Adjustment.
The applicant or his agent must attend this Hearing. Failure to have representation by
the applicant at the Hearing will necessitate a new application to the Committee of
Adjustment.
If you have any queries concerning this application, would you please contact Mr. Read,
Mr. Glanville or Mrs. Knapp, at City Hall, phone 739-4212, or Fax 739-4240.
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Dated: F
Dave Read,
Secretary-Treasurer
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CITY HALL
70 COLLIER STREET
P.O. Box 400
Barrie, Ontario
L4M 4T5
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TEL. (705) 726-4242
FAX. (705) 739-4243
THE CORPORATION OF THE CITY OF BARRIE
City Clerk's Office
"Committed to Total Service ExceUence"
February 10,2003
File: D14-1312
NOTICE OF AN APPLICATION OF AN OFFICIAL PLAN AMENDMENT AND .
ZONING BY-LAW AMENDMENT AND NOTICE OF A PUBLIC MEETING PURSUANT
TO SECTION 17(9) AND 34(12) OF THE PLANNING ACT, R.S.O. 1990 CHAP. P13 IN
RESPECT TO A PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
AMENDMENT. '
Dear Sir/Madam:
Re: Official Plan Amendment and Zoning By-law Amendment - J. & K. Lacey
TAKE NOTICE that the General Committee of the Council of the Corporation of the City of
Barrie will hold a public meeting on Monday, March 3, 2003, at 8:00 p.m. in the Council
Chambers of City Hall, 70 Collier Street, to review an application for an Official Plan Amendment
and a rezoning submitted by James and Kelly Lacey for lands currently owned by 759026 Ontario
Limited located on the northwest corner of Georgian Drive and Penetanguishene Road and legally
identified as Part of Lot 6, Concession 1, Township ofVespra now City of Barrie. The property is
approximately 0.3 ha. in size.
The subject property is currently designated Residential by the City of Barrie Official Plan and
zoned Residential One Family Detached Dwelling First Density R1 by By-law 85-95.
The applicant has applied to redesignate the subject property to General Commercial and to rezone
the lands to General Commercial C4 under By-law 85-95. The redesignation and rezoning would
permit the development of a building of approximately 460m2 (5,000 sq. ft.) that could
accommodate various commercial uses under the General Commercial C4 zone. This would
include but not limited to offices, retail store, diner, animal hospital, restaurant and/or bank.
...2
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SUBJECT PROPERTY
QUINLAN RD.
Any person wishing further information or clarification with regard to this proposed official plan
amendment and rezoning, should contact the Planning and Development Department during
regular office hours.
Any person may attend the meeting and make representation or present submissions respecting this
matter. If you wish to make a submission concerning this matter it should be directed to the City
Clerk's Office by February 26, 2003. Any person may make representation at the meeting,
however, written submissions are encouraged. Notification of the official plan amendment and the
rezoning by-law if adopted by Council will be provided upon written request to the City Clerk.
If a person or public body that files an appeal of a decision of The Corporation ofthe City of Barrie
in respect of the proposed official plan ame1).dment or zoning by-law and does not make oral
submissions at the public meeting or make written submissions to the Corporation of the City of
Barrie before the proposed official plan amendment zoning by-law adopted, the Ontario Municipal
Board may dismiss all or part of the appeal.
If you wish to be notified of the decisions of the Council of The Corporation of the City\of Barrie
in respect of the proposed official plan amendment and zoning by-law amendment, you must make
a written submission to the undersigned.
John Sisson, City Clerk
City of Barrie, P.O. Box 400
Barrie, Ontario L4M 4T5
BARRIE 150
SESQUICENTENNIAL. t 853-2003
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QUINLAN RD.
Any person wishing further infonnation or clarification with regard to this proposed official plan
amendment and rezoning, should contact the Planning and Development Department during
regular office hours.
Any person may attend the meeting and make representation or present submissions respecting this
matter. If you wish to make a submission concerning this matter it should be directed to the City
Clerk's Office by February '26, 2003. Any person may make representation at the meeting,
however, written submissions are encouraged. Notification of the official plan amendment and the
rezoning by-law if adopted by Council will be provided upon written request to the City Clerk.
I If a person or public body that files an appeal of a decision of The COIporation of the City ofBanie
in respect of the proposed official plan ameqdment or zoning by-law and does not make oral
submissions at the public meeting or make written submissions to the Corporation of the City of
Banie before the proposed official plan amendment zoning by-law adopt~ the Ontario Municipal
Board may dismiss all or part of the appeal.
If you wish to be notified of the decisions of the Council of The COIporation of the CitypfBanie
in respect of the proposed official plan amendment and zoning by-laW amendment, you mJIst make
a written submission to the undersigned.
..
John Sisson, City Clerk
City of Barrie, P.O. Box 400
Barrie, Ontario lAM 4TS
..
BARRIE 150
SISQUICENTI"NIA~ . u"-aoOJ
B2/87/B3 23:87:38 EST: ASSOCIATIon OF?-)
1 70S 487 8133 CLERK-Oro-Medonte Tp Page DD2
..
FEB-07-03 FRI 05:22 PM 260
FAX NO. 416 971 6191
P. 01
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~':',::',:":':~r~'~ CORPORATION OF THE COUNTY OF GIU1Y
(. 1\:. 'i~~i~~; _" OJi'F[Cl~ OF TJ-fI1: COUNTY CLEIU(
~" i./ ' '. ~' ;.~ Sharon Vok~s, Counly Clerk (519) 3?S.2205
"":. ,." ,~:q<, 505 ~th l\VenuE) East 1-800-567.GREY
~"."::~;;:,,.~;.~' Ow,~n Sound, Ontario Fax: (519) 376-7970
... "f, t.-.'"......... ,~.' N<1K 3E3 svokes@grcycounly.on.c<:1
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February 6, 2003.
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All Municipalities in Ontario.
..
Ladios nnd Gantlornen:
-
At tho Febrllmy 4. 2003 Session of Grey County Council. the following resolution was
adoptod:
WHEREAS the draft Stage 2 Regulations under Bill 81 are released for
comment;
AND \/VHEREAS the cost implications have not been determined;
AND WHEREAS the potential negative impacts to agriculture and the agri
food j'ldustl)' have not been determined;
AND WHEREAS the ability of category 1, 2, 3, 4 farmers to continue to
farm may be difficult;
NOW THEREFORE BE IT RESOLVED THAT the County of Grey oppose the
Ministry of Agriculturel Food and Rural Affairs proceeding with
f!:gulations affecting category 1, 2. 3 and 4 farms until a financial analysis
is completed showing the costs associated with meeting the regulations
has been completed and presented to the agriculture community;
AND THAT this resolution be circulated to the Association of
Municipalities of Or,tario, all municipalities in Ontario, Wm. Murdoch,
MPP, Jim Wilson, MPP and Ernie Eves, MPP.
County Council would appreciate the support of your Council with respect to its resolution
concorning Bill 81. Wo would also urge that your Council communicate with your local
Mr.'p in this regaru.
"
,.
YOllrs very trLlly,
THE COUNTY OF GREY
. .,' ,/ ,,; I
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Mrs. Sharon Vokes, C.M.O., D.P.A.,
County Clerk
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82/11/83 23:12:56 EST: ASSOCIATION OF?-)
~
FEB-11-03 rUE 05:01 PM 260
1 785 487 8133 CLERH-Oro-Medonte Tp Pdge 882 \ () ~
FAX NO. 416 971 6191 P. 01/01
/ r......./ t.' Association of
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393 U,ivcl'sily ^VOIUC, Suite 1 i'Q I
T<)'orJ!o, ON MSG 1E6
Td~: (416) 971-9a5<3' f;):.<: (416) 971.6191
CrY18;: f~mo.mLlnk:()m,com
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To tlm Imt"fiENUatc attentiQn of tl)f) Clerk and Council
February 11,2003- Alert 03/005
AMO VOiCES CONCERNS OVER PROVINCE'S NUTRIENT MANAGEMENT POLICY
ISSIW: AMO has expressed $crious concerns about tile proposal 10 have municipalities take over the
IHfiili.\fjE.'f1l0nt ()f r<J'-.'J 5cptage.
t3;:jck~Jr()und:
On DeGe:rnbor 2nd. (he Provincial Government rel,~a5f;:d for comment the second regulation under lhe
l..Jutrienl ~~1{m~}ocrncnt Act, and a policy p~per on a Proposed Strategy for the Five-year Phase-Out of
tho L()nd J\pnliC:2Ition (If Untreated Scptage.
AMO formed C:l Nutrient Management T8skforcc to review (he proposed regulation and policy.
Commcnb; wow sent to the Ministers of Environment and Agriculture and food /Municipal Affairs and
HOU3ir\D on J<)nuory 30'h.
In th(~ COmrmi/its. AMO expressed grave concern with the proposed policy to have municipalities
<:1ssurne full responsibility for rnan~ging raw septago once it is no longer allowed to sprE~ad it on
agrk:ullw"nl bnd" In the lelter. AMO indicated tllat,
" Wilh only 1\1.10 par(-)gr(.\phs related to municipal obligations in the septage ban policy paper, we can only
condude tllat tI,uch more analysis needs to be under1aken and further consultation is required before
thif:; policy i::; introduced ~1S regulation. Specifically, AMO requires a full cost impact assessment. <:IS we!!
riS d0t"Hs on tho level or lrc(,)trncllt required for septagc. and an assessment of existing and needed
seweJQo lroDlrncnt cap3city to 11(1ndln the amount of septage that will need treatment. At this point, the
policy p<\per leads us to the conclusion that significant unfounded liabililies arc likely."
AMO Ie p.;;rl1cu!;,)rly concern that municipalities that do not have suHicient capacity to treat all septage
qcnemted within their boundaries will incur significant costs to either build sufficient capacity, or to
tnmw,pmt the.: s<::ptage to other treatm~nt facilities. The location of new septage treatment fac;ilities will
also Uf-:cly becqrne n very contontious issue amongst IOC81 residents.
..
It is t,MO's undc:rstancJing that the Government intencls to introduce a regulation based on the septagc
b;;n policy propo$C'1 a:~ carl)' <is April. AMO has called on the Government to slow down this process.
Md und,::rtnke th~ nc-cH5sary irnp8ct an<Jlysis before proceeding with the regulation.
Ar..tk,n: AMO wW continue to VJork with thE~ Minislries of Agriculture and food, Environment and
Munidp3! ArfairB <1IKJ Housing to ensure that the municipal position is understood and the necessary
M!;.i!y~;is is undeliaken beforo a regulation is introduced. Municipalities are strongly urged to voice these
cont;Gin:; to their 1oG~1 MPP,
'(it{.<; inform,"ltion is aVdil<.lb/i) lhrougll Ar\l10'$ slJbscriptio/1 b<1sod MUNICOM network <It ~w.rnunir;Q!!1.&gm.
FQr m('tP'.J jnf\.1I'mJtir)li, pltHIS~ contact: Nicola C,'awha/l, Senior Policy Advisor at 416971-9856 oxf. 329 or
<:Wi.1J! licY(JwlJall@!imo.nlullicom.com
.....
I '
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HELPING KIDS WITH PHYSICAL DISABILITIES SUCCEED
February 11,2003
Mayor Neil Craig
Township of Oro-Medonte
Box 100
Oro, Ontario
LOL 2XO
Dear Mayor Craig:
"
As you may know, March is Easter Seals Month and we would like to request your help in
saluting the children, youth and young adults with physical disabilities living in your area and
across Ontario. We would be grateful if you would consider declaring March is Easter Seals
Month with a formal proclamation or presentation in the coming weeks.
From March 1 st to April 20th, 2003, The Easter Seal Society, Ontario holds its Spring
Campaign featuring exciting fundraisers and events in local communities, encouraging
people to make a difference in the lives of kids with physical disabilities. The generous
support from community members will help Easter Seals fund cosdy equipment needed for
mobility and communication, and provide access to critical information, research and
specialized camp and recreation experiences.
As a thank you for your proclamation, we would like to honour your support publicly by
presenting the official 2003 'Easter Seal.' The first cheerful seal was created in 1947 as a
symbol of resurrection and new life. This presentation continues a long-standing tradition
where local Easter Seals children presented the annual seal to dignitaries in their community.
Thank you for taking the time to consider declaring March is Easter Seals Month. We hope
our local children will have the honour of thanking you in person. I will contact your office
shordy to discuss this opportunity and a possible date, time and location; however should
you have any questions, please contact me at the number below.
~~
Kimb6:r{ Haw
District Manager, Simcoe County
The Easter Seal Society, Ontario
806A-65 Cedar Pointe Dr
Barrie, Ontario L4N 5R 7
Tel: (705) 737-2621; Fax: (705) 737-9951; Toll Free: 1-800-461-3391
E-Mail: khaw@easterseals.org
..
..
Enclosure
Incorporated as the Ontario Society for Crippled Children. Charitable Registration No. J 19068377 RROOO 1
."',
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HELPING KIDS WITH PHYSICAL DISABILITIES SUCCEED
..
..
PROCLAMATION
'March is Easter Seals Month"
WHEREAS:
The Easter Seal Society of Ontario is dedicated to helping children,
youth and young adults with physical disabilities reach their full
individual potential.
WHEREAS:
Over 8,000 families rely on Easter Seals to purchase costly
equipment needed for mobility and communication, and to provide
access to critical information, research and specialized camp and
recreation experiences.
WHEREAS:
Easter Seals continues to ftnd ways to empower children with
physical disabilities through its programs and services, helping
them to achieve acceptance and independence.
WHEREAS:
Through our network of community partners, volunteers, parents,
donors and sponsors across the province, Easter Seals touches
every community in Ontario.
WHEREAS:
The annual Spring Campaign is one of the most important
fundraising initiatives undertaken by Easter Seals. It is a great
opportunity for communities to get involved and make an
immediate difference in the life of a child with a physical disability.
NOW THEREFORE:
I, , Mayor of , do hereby proclaim
March 2003 as "Easter Seals Month" and encourage everyone to
support Easter Seals during its fundraising and awareness
Campaign.
Incorporated as the Ootario Society for Crippled Children. Charitable Registration No.1 19068377 RROOOl
. ~
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Some Background
County of Simcoe
Landfill Site #11, The Oro - Medonte Landfill
February, 2003 Remediation Update
The County of Simcoe is the owner and operator of Landfill Site No. 11 (the Oro-Medonte
Landfill). The site was formerly owned and operated by the Township of Oro. Records indicate
that this operation may date back to the late 1940's. The site has been continually licensed by the
Ministry of the Environment since the Province started granting Certificates of Approval for
landfill sites.
"
The Hardwood Hills cross country skiing and mountain biking resort is one of the neighbours of
this landfill site. Hardwood Hills began its operations in the mid 1980's, while the landfill site
was being operated by the Township of Oro. The landfill was well established and in full
operation at the time that Hardwood Hills began developing their business around the landfill
property .
In the early 1990's, after the County gained the responsibility for the site, Hardwood Hills was
found to have installed trails over the County's landfill property. After this was discovered, the
County granted permission for continued use of these trails, until the north portion of the site was
to be developed. Furthermore, the County continues to allow the use of the County forest by
Hardwood Hills at a nominal rent.
Current Remediation Situation
The County maintains engineering consultants who constantly monitor the landfill site. In 1995,
as a result ofthe detailed water monitoring program, it was discovered that there were off.site
ground water (underground) quality impacts related to the landfill and to the former Township's
salt storage facility. There was a potential that the impacts were the result of Hardwood Hills
snow making well aggravating the movement of the contaminant off the landfill site. The new
water supply for Hardwood Hills, as installed by the County of Simcoe, will not be impacted by
the landfill site.
The County entered into detailed negotiations with Hardwood Hills to address the potential for
off-site contamination. The County developed a fully engineered remediation and development
solution to the problem. The purpose ofthis remediation project is to protect the environment by
stopping the leaching of contaminants &om the landfill site. Independent engineering consultants
assisted the County on these plans which were reviewed and commented on by Hardwood Hills'
officials. This multi-year, multi-million dollar remediation plan was approved by the Ministry of
the Environment as the best long term solution for the landfill site and for the entire surrounding
environment. The remediation project continues to be operated in compliance with all Provincial
regulations.
"
'"
The remediation and development plan, among other things, called for:
. Construction of an engineered (composite-lined) landfill cell at the north end of the
County's property. This will provide a total site capacity only equal to the capacity
"
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allowed under the Province's Certificate of Approval originally issued to the Township of
Oro. In other words, no additional capacity is being gained through this work.
· Remediation, excavation and screening of the old waste cells. The screening process
separates the "overs" (the actual waste) rrom the "fines" (the predominately sandy
material which fits trough the 1 inch screen). The fines are re-used as a cover material
and the overs are disposed of in the engineered cell. Thus the source of the
contamination is removed.
· A temporary purge well system. These "purge wells" stop any further contaminated
water from exiting the landfill site and re-circulate it back onto the landfill property. This
is meant to address the existing ground water until the old cell is remediated.
..
· Continuing to accept residential and commercial waste to be landfilled only on the new
lined portion of the landfill site.
The County began construction of the first cell in 2000 and it was completed in 2001. The waste
excavation and screening operation began in 2001 and continues. The remediation and
development operation is expected to continue until 2007.
Keeping in mind the inherent nature of a landfill site, the County has always exercised its best
efforts to be a good neighbour to Hardwood Hills and all of the surrounding land owners.
Therefore, in addition to the restrictions and requirements of the Ministry under the remediation
plan itself, the County agreed to work with Hardwood Hills to develop a "nuisance mitigation
study". Hardwood Hills and the County selected a mutually agreeable engineer to recommend
any further measures to reduce potential nuisance impacts on the Hardwood Hills facility. All of
these additional recommendations are being implemented by the County, and include (where
possible):
· Utilizing operational techniques to minimize odours, Jitter and dust.
· Applying topical and airborne odour suppression sprays.
· Shutting down excavation and screening operations on weekends, holidays and for
Hardwood Hills' special events.
Other mitigative measures used by the County include planting of "screening" vegetation, dust
suppression, litter fencing, noise reduction through operational techniques (area of activity
excavated, hours of operation), odour reduction through operational techniques (minimizing open
cut areas and prompt coverage of screened "overs" and garbage).
Complaints
The County investigates all complaints in a timely manner. County staffhas found that odour
complaints are generally associated with damp pockets of waste which can generally be
excavated and processed in less than an hour. Since the garbage excavated to date is the most
recently landfilled waste on the site it is anticipated that odour issues rrom the operations will
diminish as the operation progresses into areas of older and more stabilized waste.
Please direct any written correspondence concerning this item to Rob McCullough, Manager,
Environmental Services Department, County of Simcoe, Administration Centre, 1110 Highway
26, Midhurst, Onto LOL IXO
\jb~ i
ORO-MEDONTE RECREATION
ADVISORY COMMITTEE
MINUTES
Thursday February 6th, 2003.. @ 7:00 p.m.
Oro..Medonte Administration Centre
Chair:
Ruth Fountain called the meeting to order at 7:00 p.m.
Present:
Dave Knox, Ian Hunter, Deputy Mayor Walter Dickie, Councillor
Ruth Fountain and Councillor Harry Hughes
Staff Present:
Chris Carter (Recreation Co-ordinator)
1. Adoption of Thursday February 6th, 2003 Agenda:
Motion No.1
Moved by Mr. Hunter; seconded by Mr. Knox.
That the Agenda for the Thursday February 6th, 2003 Recreation Advisory
Committee meeting be received and adopted.
Carried.
2. Disclosure of Pecuniary Interest:
None.
3. Adoption of January 8th, 2003 Minutes:
*
Motion No.2
Moved by Mr. Knox; seconded by Mr. Hunter.
That the Minutes of the January 8th, 2003 Recreation Advisory Committee Meeting
be adopted as printed and circulated.
Carried.
1
I ') 'o!'cl
4. Deputations:
None.
5. Unfinished Business:
a) Discussion and Recommendations with respect to the Municipality of Callander
Alcohol Risk Management Policy.
Motion No.3
"
Moved by Mr. Hunter; seconded by Mr. Knox.
It was recommended at the Recreation Advisory Committee meeting that the
information and recommendations with respect to the Municipality of Callander
Alcohol Risk Management Policy be received.
Carried.
b) Discussion and Recommendation with respect to a Neighbourhood Park at
Sugarbush.
Motion No.4
b) Moved by Mr. Knox; seconded by Mr. Hunter.
It was recommended to Council that the request from Beth Bashford and April Clark
for a Neighbourhood Park in the Community of Sugarbush be deferred pending the
outcome of current negotiations with regard to the Sixth Line Road Alignment
Agreement.
Carried.
6. Correspondence:
None.
7. Co-ordinator's Monthly Report:
a) Nadeen Morano- Resignation
Motion No.5
Moved by Mr. Hunter; seconded by Mr. Knox.
It is recommended that the resignation of Ms. Nadeen Morano be received with
regret.
Carried.
2
\')b _ n)
b) Program Services- Children with Special Needs
Motion No.6
Moved by Mr. Knox; seconded by Mr. Hunter.
It is recommended that the information regarding Program Services, Children with
Special Needs be received.
Carried.
8. Committee Chairperson's Report:
None.
"
9. Other/New Business:
None.
10. Questions:
None.
11. Adjournment:
Motion No.7
Moved by Mr. Knox; seconded by Mr. Hunter.
It is recommended that the February 6th, 2003 meeting of the Oro-Medonte
Recreation Advisory Committee does now adjourn at 8:02 p.m.
Next Meeting: Thursday, March 6th, 2003 at 7:00 p.m.
"
3
RECEIVED
)4~
Simcoe County Farm Festival
c\o Ken O'Brien
RR#1 Midhurst On LOLIXO
FES 1 j ?nn3
ORO-MEDONTE
~W!!~H!P
February 12 2003
Township ofOro-Medonte
Mayor Neil Craig
and Council Members
Once again the Simcoe County Plowmen's Association is holding the Simcoe County Farm
Festival this summer on August 16th and 17th. The location is on the Carr family farm 2 kilometres
west of Cooks town on the north side of Highway # 89. .
We would like to thank you very much for your contribution last year, and hope that you will see
fit to support us again this year . Our volunteers work very hard to make this much more than a
plowing match. We offer family entertainment, displays and activities. We believe that this event is
an opportunity to showcase agriculture, past and present, to both rural and urban families in a
pleasant, "downhome" atmosphere.
The new 2003 Farm Festival pampWets will be printed within the next month, and we will forward
some to you as soon as they are available.
I would be pleased to meet with you, if you have any questions or concerns.
Thank you for your time and consideration.
Sincerely
J{t~v &15~
Ken O'Brien
721-8266
ILQq _I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-012
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND HER MAJESTY, THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED
BY THE ASSOCIATE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING
WHEREAS the Township of Oro-Medonte has chosen to apply for, and has received
approval for funding under the Ontario Small Town and Rural Development (OSTAR)
Infrastructure Initiative (SuperBuild) to comply with the Drinking Water Protection
Regulation or Orders from the Ministry of the Environment;
AND WHEREAS The Municipal Act, 5.0. 2001, c.25, Section 130, authorizes the
Council of a Municipality to enact a by-Jaw for entering into an agreement with respect
to the health, safety and well-being of the inhabitants of the municipality;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement
with Her Majesty, the Queen in Right of Ontario, as represented by the Associate
Minister of Municipal Affairs and Housing to address public health and safety issues;
NOW TH EREFORE the Council Jar The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and Her Majesty, The Queen in
Right of Ontario, as represented by the Associate Minister of Municipal Affairs
and Housing, said agreement attached hereto as Schedule 'A' and forming part of
this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 19TH DAY OF FEBRUARY,
2003.
"
BY-LAW READ A THIRD AND FINAL TIME THIS
2003.
DAY OF
~.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
Schedule A to
By-law 2003-012
Water
TIllS AGREEMENT made in quadruplicate as of the
day of
, 2002.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Associate Minister of Municipal Affairs and Housing
referred to herein as the "Ministry"
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
referred to herein as the "Recipient"
WHEREAS the Government of Ontario through its Ontario SuperBuild Corporation
("SuperBuild") is investing in Ontario's infrastructure;
AND WHEREAS the purpose of the SuperBuild OST AR Infrastructure Initiative is to improve
the quality of infrastructure in Ontario's small towns, rural communities and small cities;
AND WHEREAS the priority for Round 1 of OST AR is addressing public health and safety
issues;
AND WHEREAS SuperBuild's objectives for the OST AR Infrastructure Initiative include
addressing infrastructure investment needs, including public health and safety priorities,
investing in strategic infrastructure projects that support rural and urban economic development,
finding new and better ways to finance and deliver infrastructure, including greater use of public-
private partnerships and improving infrastructure planning and management;
AND WHEREAS Round 1 consists of two options. Under Option 1, Recipients may choose to
apply for funding to comply with the Drinking Water Protection Regulation Onto Reg. 459/00
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SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
SECTION 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions. When used in this Agreement (including the cover and execution pages and all
of the schedules), the following tenns shall have the meanings ascribed to them below unless
there is something in the subject matter or context inconsistent therewith:
"Act" means Freedom of Information and Protection of Privacy Act (Ontario).
"Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on the
Project or the amount of financial assistance for any other project(s) of the Recipient under any
round of the OST AR Infrastructure Initiative, or any other provincial program(s) (either current
or future), and/or require repayment for some or all of the Financial Assistance of the Project in
an amount to be detennined by the Ministry and within the period specified by the Ministry.
"Agreement" means this agreement, including the cover and execution pages and all of the
schedules hereto, and all amendments made hereto in accordance with the provisions hereof.
"Allowable Financial Assistance" has the meaning given to it in Section 8.1 of this Agreement.
"Budget" means the Project budget set out in Schedule "D" hereto.
"Business Day" means any day on which Government of Ontario offices generally are open for
business in the Province of Ontario.
"Communication Requirements" means the communication requirements set out in Schedule
"r' hereto, or as directed by the Ministry from time to time.
"Consultant" means any consultant, engineer, contractor, project manager, architect or other
service provider, as the case may be, retained by the Recipient to undertake any part of the work
related to the Project.
"Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario).
"Eligible Cost" has the meaning given to it in Section 3 of this Agreement and Schedule "C".
"End of Financial Assistance Date" means March 31, 2007.
"Environmental Contaminant" means any hazardous or toxic substance or material including,
without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious
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substances, toxic substances, hazardous wastes and flammable, explosive or improperly handled
friable materials.
"Environmental Laws" means all applicable federal, provincial or municipal laws, regulations,
by-laws, orders, rules, policies or guidelines respecting the protection of the natural environment,
public or occupational health or safety, and the manufacture, importation, handling,
transportation, storage, disposal and treatment of Environmental Contaminants and include,
without limitation, the Environmental Protection Act (Ontario), the Environmental Assessment
Act (Ontario), the Ontario Water Resources Act, the Canadian Environmental Protection Act
1999, the Canadian Environmental Assessment Act, the Fisheries Act (Canada) and the
Navigable Waters Protection Act (Canada).
"Event of Default" has the meaning given to it in Section 15 of this Agreement.
"Expiration Date" means March 31, 2007.
"Federal Maximum Financial Assistance" has the meaning set out in Schedule "F' hereto.
"Federal Share" has the meaning set out in Schedule "F' hereto.
"Final Report" has the meaning given in section 6.2 of this Agreement.
"Final Report Date" means December 31, 2006.
"Financial Assistance" means the funds to be advanced by the Ministry to the Recipient
pursuant to this Agreement.
"Fiscal Year" means the period beginning on Aprill of a year and ending on March 31 of the
following year.
"Generally Accepted Accounting Principles" means Canadian Generally Accepted Accounting
Principles as adopted by the Canadian Institute of Chartered Accountants, applicable as at the
date on which such calculation is made or required to be made in accordance with Generally
Accepted Accounting Principles.
"Licensed Marks" has the meaning given to it in Section 13 of Schedule "A" and Section 7 of
Schedule "G" (where applicable) to this Agreement.
"Maximum Financial Assistance" has the meaning set out in Schedule "F' hereto.
"Ministry" has the meaning given to it on the first page of this Agreement.
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"Municipality" means a municipality as defined in the Planning Act (Ontario) and also includes
local services boards as defined in the Northern Services Boards Act (Ontario), public utility
commissions as defined in the Public Utilities Act (Ontario) and other appropriate local
authorities in unorganized areas.
"Ontario Maximum Financial Assistance" has the meaning set out in Schedule "F' hereto.
"Ontario Share" has the meaning set out in Schedule "F' hereto.
"OST AR Infrastructure Initiative" has the meaning given to it on the first page of this
Agreement.
"Payment Certifier" means a payment certifier as defined in the Construction Lien Act
(Ontario).
"Procurement Policies" means the Ontario Government policies and directives in effect from
time to time respecting the procurement of equipment, services and supplies, including
construction, applicable to Ontario Government ministries and Crown Agencies and the Broader
Public Sector (as defined from time to time in the procurement policies).
"Progress Report" has the meaning given to it in Section 6.1 of this Agreement.
"Project" means the project described in Schedule "B" hereto.
"Project Schedule" means the schedule set out in Schedule "E" hereto.
"Recipient" has the meaning given to it on the first page of this Agreement.
"Senior Government Share" has the meaning set out in Schedule "F' hereto.
"Substantially Performed" has the meaning set out in and shall be determined in accordance
with subsection 2(1) ofthe Construction Lien Act (Ontario).
"SuperBuild" has the meaning given to it on the first page of this Agreement.
"Total Eligible Costs" has the meaning set out in Schedule "F' hereto.
"Trade Agreements" means the Agreement on Internal Trade and the Agreement on the Opening of
Public Procurement for Ontario and Quebec, and all amendments to those agreements.
1.2 Herein, etc. The words "herein", "hereof' and "hereunder" and other words of similar
import refer to this Agreement as a whole and not to any particular schedule, article,
section, paragraph or other subdivision of this Agreement.
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1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced,
paid or calculated is to be advanced, paid or calculated in Canadian currency.
1.4 Statutes. Any reference to a statute is to such statute and to the regulations made
pursuant to such statute as such statute and regulations may at any time be amended or
modified and in effect and to any statute or regulations that may be passed that have the
effect of supplementing or superseding such statute or regulations.
1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or
neuter gender and words in the singular include the plural, and vice versa.
SECTION 2
TERM OF AGREEMENT
2.1 Term. Subject to any extension or tennination of this Agreement or the survival of any of
the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall be in effect from the date set out on the first page of this Agreement, up to
and including the Expiration Date.
2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and no
matter what the state of completion of the Project, the Ministry shall not be obligated to
provide Financial Assistance under this Agreement after the End of Financial Assistance
Date.
SECTION 3
ELIGffiLE COSTS
3.1 Eligible Costs. In order for a cost or expenditure to be eligible for Financial Assistance
(an "Eligible Cost") pursuant to this Agreement, the cost or expenditure must:
a) be reasonable;
b) be directly related to the Project described in Schedule "B". For greater certainty,
where Schedule "B" identifies a portion of the works that are specifically excluded from
the description of the Project under this Agreement, the costs associated with that portion
of the works are not eligible;
c) be specifically identified in the Budget;
d) be a cost or expenditure that would not otherwise have been incurred by the Recipient;
e) have been incurred after August 10,2000 for the Ontario Share of Financial Assistance
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and after October 25, 2000 for the Federal Share of Financial Assistance and in both
cases no later than March 31, 2006, except where otherwise expressly approved by the
Ministry; and
f) be an actual cash outlay to third parties at arm's length from the Recipient for work
actually penonned that can be documented through paid invoices or receipts.
3.2 Discretion of Ministry. The eligibility of any items not listed in Schedule "C" to this
Agreement wi1l be detennined in accordance with the Ministry policies and guidelines.
The final eligibility of items claimed is at the sole discretion of the Ministry. The
Recipient should consider consulting with Ministry staff when in doubt over specific
items prior to making expenditures.
3.3 Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts,
etc.) of payment related to Eligible Costs and such supporting documentation must be
available to the Ministry when requested and maintained by the Recipient for audit
purposes.
3.4 Ineligible Costs. Notwithstanding anything else contained herein, the following costs
and expenditures are not eligible for Financial Assistance pursuant to this Agreement:
a) any portion ofthe works which, in the opinion ofthe Ministry, does not relate to the
infrastructure problems that cause an immediate and serious issue for human health or the
environment (for example, costs related to accommodating growth are not eligible);
b) costs claimed under another Ministry or federal contribution program, provincial
contribution program or joint federal/provincial contribution programs except for claims
to the Northern Ontario Heritage Fund Corporation; and
c) costs claimed on another project under the OST AR Infrastructure Initiative. Costs
applicable to more than one project must be split or prorated.
3.5 Deemed ineligible. The Recipient acknowledges that the Ministry's fiscal year ends on
March 31 in each year, and that should an Eligible Cost not be submitted by the Recipient
for payment of Financial Assistance before March 31 of the year following the fiscal year
in which it was incurred, such Eligible Cost shall be deemed ineligible for Financial
Assistance.
3.6 Clarification. For clarity, the Recipient hereby expressly acknowledges that the inclusion
of an item in the Budget does not necessarily mean that such item is an Eligible Cost.
Where there is a conflict between the Budget and this Article, the provisions of this
Article shall prevail.
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SECTION 4
FINANCIAL ASSISTANCE
4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be used
only for Eligible Costs.
4.2 Basis of pay-out of Financial Assistance. The Financial Assistance will be provided by
the Ministry to the Recipient on the basis set out in Schedule "P'.
4.3 Funds advanced. If Financial Assistance is provided by the Ministry prior to the
Ministry receiving evidence that the associated Eligible Costs have already been paid by
the Recipient, then such Financial Assistance, including all interest earned thereon,
remains the property of the Ministry and must be held by the Recipient in an interest
bearing account pending payment of Eligible Costs. Without limitation, any payment of
Financial Assistance that is made to the Recipient without the requirement of the
Recipient first providing the Ministry with either a Progress Report or a Final Report
must meet the requirements of this Section.
4.4 Maximum Financial Assistance. The total amount of Financial Assistance provided to
the Recipient shall in any event be no greater than the Maximum Financial Assistance.
4.5 Excess funds. Where actual costs are lower or appear likely to be lower than the total
eligible expenditures identified in the Budget, or where additional funding is secured
from other government sources such that the funds available to the Recipient for the
Project (other than the Financial Assistance) exceed the Maximum Financial Assistance,
the Recipient shall immediately notify the Ministry. The Ministry may, in its sole
discretion, Adjust the Financial Assistance on the Project.
4.6 Interdependent projects. Where implementation of the Project is dependent on
completion of a project by others and the interdependent project is not completed by
others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.7 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry
if it does not intend to carry out the Project in whole or in part as specified in Schedule
"B" in which case the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.8 New Information. In the event of new information, errors, omissions or other
circumstances affecting the determination of the amount of Financial Assistance under
this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance
for the Project.
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4.9 Alternatives to Project. If the Recipient becomes aware of any alternatives to the Project
that are more cost effective (for example, an area/joint servicing scheme), the Recipient
shall immediately notify the Ministry, in which case the Ministry may, in its sole
discretion, Adjust the Financial Assistance. Likewise, if the Ministry becomes aware of
any alternatives to the Project that are more cost effective, the Recipient will be notified
and the Ministry may, in its sole discretion, Adjust the Financial Assistance.
4.10 GST. The Financial Assistance is based on the net amount of goods and services tax to
be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable
rebates.
4.11 Withholding payment. The Ministry may, in its sole discretion, withhold payment of
Financial Assistance where the Recipient is in default in obtaining any necessary pennits,
approvals or licenses applicable to the Project or is in default of compliance with any
provisions of this Agreement or any applicable legislation.
4.12 Insufficient funds provided by the Legislature. If, in the opinion of the Ministry, the
Legislative Assembly of Ontario does not provide sufficient funds to continue the
Financial Assistance for any fiscal year during which this Agreement is in effect, the
Ministry may tenninate this Agreement in accordance with the terms specified in Section
15.5 of Schedule "A" of this Agreement.
SECTION 5
PROJECT AWARD, MANAGEMENT AND COMPLETION
5.1 Recipient fully responsible. The Recipient shall be fully responsible for the undertaking,
implementation and completion of the Project and shall retain any and all Consultants
reasonably required to undertake a project of the size, scope and complexity of the
Project. Where implementation of the Project is dependent on completion of a project by
others, the Recipient shall be fully responsible for obtaining any assurances that it may
require from others in relation to the implementation of the Project by the Recipient.
5.2 Ministry not responsible for implementation. The Ministry shall not be responsible in
any way whatsoever for the undertaking, implementation and completion of the Project
or any interdependent project of others.
5.3 Ministry not responsible for costs. The Ministry shall not be responsible for any costs
associated with the operation, maintenance and repair of the Project nor for any claims as
arising from the tender and bidding process.
5.4 Behaviour of Recipient. The Recipient shall carry out the Project in an economical and
businesslike manner, in accordance with this Agreement and in particular, but without
limitation, in accordance with the Budget and the Project Schedule subject to any
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reasonable changes that the Ministry may agree to or require from time to time in writing.
5.5 Competitive process. The Recipient shall acquire all equipment, services and supplies
required for the Project through a competitive process that ensures the best value for
funds expended. For equipment, services and supplies the estimated cost of which
exceeds $25,000.00 the Recipient shall obtain at least three written quotes unless:
(a) the expertise the Recipient is purchasing is specialized and is not readily
available; or
(b) the Recipient has recently researched the market for a similar purchase and knows
prevailing market costs for the equipment, services or supplies purchased.
5.6 Competitive tender. Except as otherwise approved by the Ministry, all portions of the
construction component of the Project (including materials and equipment) shall be
competitively and openly tendered, as deemed by the Ministry, to competent contractors
capable of completing the construction component of the Project, and the contract will be
awarded to the lowest qualified bidder or, where the bid price is not the sole specified
selection criterion, the highest ranked bidder.
5.7 Procurement Policies and Trade Agreements. If the Recipient is subject to the
Procurement Policies, the Trade Agreements or both, it shall comply with the
requirements of the Procurement Policies and the Trade Agreements as applicable. In the
event of any conflict between the requirements of Sections 5.5 and 5.6 of this Agreement
and the Procurement Policies or the Trade Agreements, the requirements of the
Procurement Policies or the Trade Agreements shall apply.
5.8 Long-term capital management plan. The Recipient shall prepare and update annually
thereafter a long-tenn capital asset management plan which outlines how the Recipient
intends to meet its financial and other commitments for maintaining the asset on an
ongoing basis, including plans to recover the full operating costs through service charges
where appropriate. Upon request, the Recipient shall provide to the Ministry a copy of
the current long-tenn capital management plan.
5.9 Final claims. The Recipient shall submit the final claims with the required
documentation for approval, cost reviews, audits and settlement within 3 months of
completion of the Project and no later than the Final Report Date or such longer period as
is specified in writing by the Ministry. Upon completion of the cost reviews, audits and
settlement, the Ministry shall not be obligated to consider any further claims in relation to
the Project. The Recipient shall also submit, upon request, the required documentation
for approval, cost reviews and audits on an interim basis.
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SECTION 6
REPORTING REQUIRElVIENTS
6.1 Progress Reports. The Recipient shall submit progress reports (a "Progress Report")
for the Project to the Ministry from time to time, as required by Schedule "F' hereto, or,
as requested by the Ministry, in a form satisfactory to the Ministry and the Recipient shall
follow such administrative procedures as are specified from time to time by the Ministry.
For bridge infrastructure projects, additional submissions are required during the design
phase of the Project, as described in Schedule "F'. All progress reports shall be in a form
satisfactory to the Ministry and shall include:
a) a detailed description of the progress of the Project to the date of the report;
b) particulars of how the Communication Requirements have been implemented or
applied;
c) an interim unaudited financial statement showing Project expenditures and revenue,
prepared by a qualified person;
d) a certificate by a Payment Certifier or the chief financial officer of the Recipient
certifying the percentage of the Project completed;
e) an invoice summary, in the form prescribed by the Ministry;
f) when requested, all original invoices and receipts for the Project;
g) details of any variance from the Project, the Budget and/or the Project Schedule; and
h) any other information respecting the Project that may be requested by the Ministry.
6.2 Final Report. Within three months of the Project becoming Substantially Performed and
no later than the Final Report Date or such longer period as is specified in writing by the
Ministry, the Recipient shall submit a final report (the "Final Report") for the Project to
the Ministry in a form satisfactory to the Ministry and the Recipient shall follow such
administrative procedures as are specified from time to time by the Ministry. The final
report shall be in a form satisfactory to the Ministry and shall include:
a) a detailed description of the Project as completed, including photographs;
b) particulars of how the Communication Requirements have been implemented or
applied;
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c) a final unaudited financial statement showing Project expenditures and revenue,
prepared by a qualified person;
d) a certificate by a Payment Certifier or the chief financial officer of the Recipient
certifying that the Project has been Substantially Performed;
e) an invoice summary, in the form prescribed by the Ministry;
f) a final cost summary in the form appended as Schedule J hereto;
g) when requested, all original invoices and receipts for the Project;
h) details of any variance from the Project, the Budget and/or the Project Schedule;
and
i) any other information respecting the Project that may be requested by the
Ministry, including, but not limited to, audited financial statements.
6.3 Final claims. Upon receipt of the Final Report, the Ministry shall not be obligated to
consider any further claims in relation to the Project.
6.4 Fiscal year-end report. Within 30 days of March 31 of each year in which Eligible Costs
are incurred, the Recipient shall provide to the Ministry an accounting of all Eligible
Costs incurred in the twelve months up until March 31.
6.5 Subsequent report. Within 18 months and no earlier than 12 months from the Project
becoming Substantially Performed, the Recipient shall provide to the Ministry a report
indicating how the Project's objectives identified in the OSTAR Initiative, Round 1
application process have been achieved.
SECTION 7
RECORDS AND AUDIT
7.1 Separate records. The Recipient shall maintain separate records and documentation for
the Project and keep all records and documentation for 3 years after the final settlement
of accounts referred to in section 5.9 of Schedule "A" of this Agreement. Upon request,
the Recipient shall submit all records and documentation relating to the Project including,
but not limited to, work authorizations, invoices, time sheets, payroll records, estimates
and actual cost of the activities carried out pursuant to this Agreement, together with
tenders and proposals, final measurements, payment certificates, change orders,
correspondence, memoranda, contracts and amendments thereto which shall be
maintained in accordance with Generally Accepted Accounting Principles.
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7.2 Provide records to Ministry. The Recipient shall make available and provide, upon
request, at the Recipient's expense (including but not limited to photocopying, electronic
media, transportation and postage, associated staff time, information retrieval and other
office expenses) all records and documentation (including invoice summaries and
certified statement of final costs) of the Recipient and its auditors, contractors, project
managers and consultants relating to the Project or any other project(s) of the Recipient
under any round of the OST AR Infrastructure Initiative, or any other provincial
program(s), for the purposes of cost reviews, audits and settlement, as deemed by the
Ministry, of the Project or any other project(s) of the Recipient under any round of the
OSTAR Infrastructure Initiative, or any other provincial program(s); such material to be
provided to the Ministry and other ministries of the Province of Ontario as may be
requested from time to time, all in a form and manner satisfactory to the Ministry and
other ministries of the Province of Ontario, as applicable.
7.3 External auditor. The Ministry may require the assistance of an external auditor to carry
out an audit of the material referred to in Sections 7.1 and 7.2 of Schedule" A" of this
Agreement. If so, the Recipient shall, upon request, retain an external auditor acceptable
to the Ministry. The Recipient shall ensure that any auditor who conducts an audit
pursuant to this section of the Agreement or otherwise, provides a copy of the audit report
to the Ministry for its consideration at the same time that the audit report is given to the
Recipient.
7.4 Information. The Recipient shall supply, upon request, such information in respect of
the Project and its results including without limitation all contracts and agreements
related to the Project and all plans and specifications related to the Project, as the
Ministry may require. The Ministry, its agents and employees, including the Provincial
Auditor's Office, shall be allowed access to the Recipient's premises and staff and to the
site to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and
audits on the Project; and (iii) confirm the results of the Project in terms of resolving the
infrastructure problems that cause an immediate and serious problem for human health or
the environment.
7.5 Information condition precedent for payment. If, in the opinion of the Ministry, any of
the information requirements of this Article are not met, the Ministry may, in its sole
discretion, require the information as a condition precedent to any payment in relation to
the Project or any otherproject(s) of the Recipient under any round of the OSTAR
Infrastructure Initiative, or any other provincial program(s) (either current or future). In
addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the
Project.
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SECTION 8
OVERPAYMENT
8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in
accordance with Section 5.9 of Schedule "A" of this Agreement shall not be construed as
a final detennination of the amount of Financial Assistance applicable to the Project.
Upon conducting a final cost review or audit of the Project, the Ministry will detennine
the final amount of Financial Assistance on the Project (the "Allowable Financial
Assistance"). The Recipient agrees to repay to the Ministry, upon receipt of a written
demand and within the period specified by the Ministry, that portion of the total of the
funds advanced that exceeds the Allowable Financial Assistance applicable to the Project,
as detennined by the Ministry, as well as any funds used for a purpose other than that
stated in the tenns of this Agreement, as detennined by the Ministry.
8.2 Deduction of overpayment. The Ministry may deduct any overpayment of Financial
Assistance pursuant to Section 8.1 made on the Project from financial assistance payable
on any other project(s) of the Recipient under any round of the OST AR Infrastructure
Initiative or other provincial Initiative(s) (either current or future). Any overpayment
made on any other project(s) of the Recipient under any round of the OSTAR
Infrastructure Initiative or other provincial program(s) (either current or future) may in
turn be deducted from Financial Assistance owing on the Project.
8.3 Interest on overpayment. The Ministry reserves the right to demand interest on any
overpayment of Financial Assistance owing by the Recipient under the tenns of this
Agreement at the then-current interest rate charged by the Province of Ontario on
accounts receivable. The Recipient shall pay the amount of interest owing upon receipt
of a written demand and within the period specified by the Ministry.
SECTION 9
INSURANCE AND BONDING
9.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or
cause to be put into effect and maintained for the period during which this Agreement is
in effect, with insurers acceptable to the Ministry, all the necessary insurance that would
be considered appropriate for a prudent Recipient of this type undertaking a project
similar to the Project, including, without limitation:
a) Comprehensive General Liability Insurance to an inclusive limit of not less than five
million ($5,000,000.00) dollars per occurrence for property, damage, bodily injury and
personal injury including, at least, the following policy endorsements:
(i) Her Majesty the Queen in right of Ontario as an additional insured for the
purposes of the Project only;
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(ii) Cross Liability;
(iii) Contractual Liability;
(iv) Independent Contractors;
(v) Products and Completed Operations;
(vi) Employer's Liability and Voluntary Compensation;
(vii) 30 day written notice of cancellation;
(viii) Tenants Legal Liability (if applicable); and
(ix) Non-owned automobile coverage with blanket contractual and physical damage
coverage for Hired Automobiles.
b) Property insurance to a limit commensurate to the full replacement cost value of the
asset on an "All Risks", Earthquake and flood insurance will be required only by those
municipalities in the designated Ontario earthquake zone. The policy must include the
following:
(i) Replacement Cost Value; and
(ii) Stated Amount Co-Insurance.
c) Professional/Consultants Errors & Omissions Liability Insurance, insuring liability for
errors and omissions in the peIformance or failure to perfonn professional services
contemplated in this Agreement, in the amount of not less than $2,000,000 per claim and
in the annual aggregate.
9.2 Certificates of Insurance. Prior to any scheduled payment of Financial Assistance
pursuant to this Agreement and throughout the term of this Agreement, the Recipient
shall provide the Ministry with a valid Certificate of Insurance that references the Project,
confinns the above requirements and identifies major exclusions in the policy.
9.3 Pre flows. Notwithstanding Sections 9.1 and 9.2, where Financial Assistance is provided
in accordance with Section 4.3 of Schedule "A" of this Agreement, a Certificate of
Insurance must be provided by the Recipient no later than 60 days after the date that the
advance was made, failing which the Ministry may Adjust the Financial Assistance.
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9.4 Professional Liability. The Recipient shall provide the Ministry a copy of the policy and
any renewal or replacement certificates as may be necessary.
9.5 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause
to be put into effect and maintained in full force and effect during the term of this
Agreement,
a) a perfonnance bond in the amount of 100% of the contract price for any construction
contract related to the Project and which is for an amount greater than $150,000 covering
the perfonnance of that construction contract and the correction of any deficiencies; and
b) a labour and material payment bond in the amount of 50% of the contract price for any
construction contract related to the Project and which is for an amount greater than
$150,000 covering the payment for labour, material or both.
SECTION 10
INDEMNITY
10.1 Ministry not liable. In no event shall the Ministry be liable for:
a) any bodily injury, death or property damage to the Recipient, its employees, agents, or
Consultants or for any claim, demand or action by any third party against the Recipient,
its employees, agents, or Consultants, arising out of or in any way related to this
Agreement or the Project; or
b) any incidental, indirect, special or consequential damages, or any loss of use, revenue
or profit to the Recipient, its employees, agents, or Consultants arising out of or in any
way related to this Agreement or the Project.
10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents from
and against all suits, judgements, claims, demands, expenses actions, causes of action and
losses (including, without limitation, reasonable legal expenses and any claim for lien
made pursuant to the Construction Lien Act (Ontario)) and for any and all liability for
damages to property and injury to persons (including death) which Her Majesty the
Queen in right of Ontario, Her directors, officers, employees and agents may incur,
otherwise than by reason of their own negligence or wilful misconduct, as a result of or
arising out of or in relation to any breach by the Recipient of the terms of this Agreement,
or the Recipient's own negligence or wilful misconduct.
10.3 Further Indemnity. The Recipient further agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents, for any
incidental, indirect, special or consequential damages, or any loss of use, revenue or profit,
which Her Majesty the Queen in right of Ontario, Her directors, officers, employees and
17
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agents may incur, otherwise than by reason of their own negligence or wilful misconduct, as
a result of or arising out of or in relation to any breach by the Recipient of the tenns of this
Agreement, or the Recipient's own negligence or wilful misconduct.
SECTION 11
TRANSFER OF ASSET
11.1 Transfer of ownership. The Recipient shall not transfer the ownership of all or part of
the asset established with the Financial Assistance from the Ministry. Any transfer of
ownership in contravention of this provision gives the Ministry the right to Adjust the
Financial Assistance.
11.2 Exception. Section 11.1 of this Agreement does not apply to a transfer of ownership to
another municipality, public utility commission or local services board provided that (i)
the Recipient obtains the consent of the Ministry; and (ii) the Recipient, makes
arrangements satisfactory to the Ministry regarding consent of the Ministry and the
obligation to repay the Ministry referred to in Section 11.1. Any transfer of ownership by
the Recipient in contravention of this provision does not relieve the Recipient of its
obligation under Section 11.1 to repay the Ministry for some or all of the Financial
Assistance in the amount determined by the Ministry and within the period specified by
the Ministry.
11.3 Deduction from Financial Assistance. The Mfhistry may deduct the amount of
Financial Assistance to be repaid under Section 11.1 from Financial Assistance payable
on any other project(s) of the Recipient under any round of the OST AR Infrastructure
Initiative or any other provincial program(s) (either current or future).
SECTION 12
CONFLICT OF INTEREST AND CONFIDENTIALITY
12.1 No conflict of interest. The Recipient and its Consultants and any of their respective
advisors, partners, directors, officers, employees, agents and volunteers shall not engage
in any activity or provide any services where such activity or the provision of such
services creates a conflict of interest (actually or potentially in the sole opinion of the
Ministry) with the provision of services under this Agreement. The Recipient
acknowledges and agrees that it shall be a conflict of interest for it to use confidential
infonnation of the Crown relevant to the Project or otherwise where the Ministry has not
specifically authorized such use.
12.2 Disclose potential conflict of interest. The Recipient shall disclose to the Ministry
without delay any actual or potential situation that may be reasonably interpreted as
18
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either a conflict of interest or a potential conflict of interest.
12.3 Freedom of Information and Protection of Privacy Act. The Recipient acknowledges
that the Ministry is bound by the provisions of the Act and regulations thereunder.
SECTION 13
COMMUNICATION AND RECOGNITION
13.1 Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of
Ontario as represented by the Minister of Finance is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks including
without limitation "SuperBuild" and "SuperCroissance" which have come or will come
to be associated with the Province of Ontario and the SuperBuild initiative (all such
current and future marks, being the "Licensed Marks").
13.2 Acknowledgement in advertising and publicity. The Recipient agrees to acknowledge
the Financial Assistance of the Ministry through the Government of Ontario's SuperBuild
initiative to the Project in all advertising and publicity relating to the Project and in any
construction signs and in any temporary or permanent tributes to Project donors by
adhering to the Communications Requirements.
13.3 Use of Licensed Marks. In consideration of receiving the Financial Assistance, the
Recipient agrees to use the Licensed Marks as follows:
a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the
Communications Requirements and further as prescribed from time to time by the
Ministry and not to use any other mark or trademark in combination with any of the
Licensed Marks without the prior written approval of the Ministry. The Recipient agrees
that it will not alter, modify, dilute or otherwise misuse the Licensed Marks.
b) the Recipient agrees to submit to the Ministry copies of any advertisements or
promotional materials containing the Licensed Marks for Ministry's approval prior to any
use thereof and to remove therefrom either any reference to the Licensed Marks or any
element which the Ministry may from time to time upon reasonable notice designate.
c) the Recipient agrees that it will not state or imply, directly or indirectly, that the
Recipient or the Recipient's activities, other than those pennitted by this Agreement, are
supported, endorsed, or sponsored by the Ministry and upon the direction of the Ministry
shall issue express disclaimers to that effect.
d) the Recipient agrees to promptly inform the Ministry of any suspected infringement of
any Licensed Marks by a third party.
19
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13.4 Cease using Licensed Marks. Whether or not the Recipient is in breach of this
Agreement, forthwith upon any receipt by the Recipient of a written direction from the
Ministry, the Recipient shall cease using the Licensed Marks, and without limiting the
generality of the foregoing, will remove all signage and remove from circulation any use
or reference to the Licensed Marks.
13.5 Indemnity. The Recipient hereby indemnifies the Ministry against any and all claims for
death, illness, personal injury, property damage, improper business practices, or loss of
any kind where such claims are in whole or in part premised upon the Recipient's use of
the Licensed Marks.
SECTION 14
COVENANTS, REPRESENT A TIONS AND WARRANTIES
14.1 Covenants representations and warranties. The Recipient covenants, represents and
warrants to the Ministry that:
a) it is conducting its business in compliance with all applicable federal, provincial and
municipal laws, and all rules, regulations, by-laws, notices, orders and approvals;
b) it has authority and any necessary approval to enter into this Agreement and to carry
out its tenns;
c) it has or will apply for all permits, approvals, and licenses which are required in order
to carry out the Project including, but not limited to, any approvals lawfully required
under the Planning Act (Ontario), the Building Code Act (Ontario), the Highway Traffic
Act (Ontario), the Public Transportation and Highway Improvement Act (Ontario) and
the Bridges Act (Ontario) and the Environmental Laws;
d) it validly exists as a legal entity with full power to perfonn and observe all the tenns
and conditions of this Agreement;
e) where applicable, it has passed required by-laws to undertake the Project;
f) it is now and will continue to be compliant with all Environmental Laws;
g) it owns or has a long-tenn lease (inclusive of any renewals) that expires no earlier than
March 31, 2027 for the lands on which the asset is or will be located;
h) if the Recipient is a Municipality, it has obtained or is in the process of obtaining an
approval pursuant to the Ontario Water Resources Act (Ontario) showing that it is
compliant with the Drinking Water Protection Regulation, O. Reg. 459/00, or in the
alternative it is part of another Municipality that has obtained or is in the process of
20
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obtaining such approval;
i) provided the Recipient is not a Municipality or a Crown Agency, it
(i) is not a non-resident of Canada within the meaning of the Income Tax Act (Canada);
(ii) is either a corporation, a partnership or a sole proprietorship validly in existence; and
(ii) is registered and qualified to do business wherever necessary to carry out the Project.
j) it has the experience, financial health and ability to carry out this Project;
k) if the Recipient is a Municipality or a Crown Agency, it has the requisite legislative
authority to carry out the Project;
1) other than the Financial Assistance being provided pursuant to this Agreement, the
Recipient has not and will not use any funds received from Her Majesty the Queen in
right of Ontario or a Crown Agency towards any aspect of the Project. Notwithstanding
the foregoing, the Recipient may use funds received from the Northern Ontario Heritage
Fund for the purposes of carrying out the Project; and
m) all infonnation provided during the OST AR Infrastructure Initiative, Round 1
application process remains true, correct and complete in every respect except as set out
to the contrary herein. Without limitation, Project, Budget, Project Schedule
(Milestones) are as set out herein and not as set out in the application material.
14.2 Representations and warranties true condition precedent for payment. Upon request,
the Recipient shall provide the Ministry with proof of the matters referred to in this
Article. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the time of payment and that
the Recipient is not in default of compliance with any tenns of this Agreement. Where
this is not the case, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
SECTION 15
DEFAULT, ENFORCEMENT AND TERMINATION
15.1 Event of Default. Each and every one of the following events is an "Event of Default":
a) if in the opinion of the Ministry, the Recipient fails to confonn or comply with any
tenn or covenant contained in this Agreement to be perfonned or complied with by the
Recipient;
b) if in the opinion of the Ministry any representation or warranty made by the Recipient
in this Agreement or any certificate delivered to the Ministry pursuant hereto shall be
21
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materially untrue in any respect;
c) if an order shall be made or an effective resolution passed for the winding up, or
liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or
ceases to carry on its operation;
d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by
this Agreement without the prior written consent of the Ministry;
e) if the Recipient admits in writing its inability to pay its debts generally as they become
due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt,
makes an assignment for the benefit of its creditors, or a receiver or manager, court
appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of
any statute from time to time in force relating to bankrupt or insolvent debtors;
f) if in the opinion of the Ministry a material adverse change occurs such that the viability
of the Recipient as a going concern is threatened in the opinion of the Ministry, acting
reasonably;
g) if in the opinion of the Ministry the Recipient ceases to operate;
h) if in the opinion of the Ministry the Recipient has failed to proceed diligently with the
Project or abandons the Project in whole or in part, or the Recipient is otherwise in
default in carrying out any of the tenns, conditions or obligations of this Agreement,
except where such failure is due to causes which, in the opinion of the Ministry are
beyond the control of the Recipient;
i) if the Recipient has submitted false or misleading infonnation to the Ministry; or
j) the Recipient and/or any of its Consultants and/or any of their respective advisors,
partners, directors, officers, employees, agents and volunteers has breached the
requirements of Section 12 (Conflict of Interest and Confidentiality).
15.2 Waiver. The Ministry may, at any time, waive any Event of Default which may have
occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
therefrom, and that no such waiver shan be, or shall be deemed to constitute, a waiver of
such Event of Default unless such waiver is in writing from the Ministry.
15.3 Remedies on default. Notwithstanding any other rights which the Ministry may have
under this Agreement, if an Event of Default has occurred, the Ministry shan have the
fonowing remedies provided only that in the case of an Event of Default which, in the
opinion of the Ministry in its sole discretion, is curable, the Ministry has first given
written notice of the Event of Default to the Recipient and the Recipient has failed to
22
correct the Event of Default within 30 days or such period of time as the Ministry may
consent to in writing:
a) the Ministry shall have no further obligation to provide any Financial Assistance for
the Project;
b) the Ministry may, at its option, terminate this Agreement and may, in its sole
discretion, Adjust the Financial Assistance. The total amount of Financial Assistance
shall be immediately due and payable by the Recipient and bear interest at the then
current interest rate charged by the Province of Ontario on accounts receivable; and
c) the Ministry may avail itself of any of its legal remedies which it may deem
appropriate.
15.4 Additional remedies. In addition to the remedies described in Section 15.3, the Ministry
may commence such legal action or proceedings as it, in its sole discretion, may deem
expedient, without any additional notice under this Agreement. The rights and remedies
of the Ministry hereunder are cumulative and in addition to, and not in substitution for,
all other rights or remedies otherwise available to the Ministry.
15.5 Termination without cause. Notwithstanding anything else contained herein, the
Ministry reserves the right to terminate this Agreement without cause upon such
conditions as the Ministry may require, with a minimum of seven (7) days written notice
to the Recipient. If the Ministry terminates this Agreement prior to its expiration, the
Ministry, subject to all of the Ministry's rights under this Agreement, including, without
limitation, the Ministry's right to Adjust the Financial Assistance prior to its expiration,
shall only be responsible for the payment of Financial Assistance on the portion of the
Project completed and Eligible Costs already incurred and paid at the time of such
termination provided that the Recipient provides a report to the Ministry that meets the
requirements of a Progress Report. Such report must be received by the Ministry within
three months of notice of termination being given to the Recipient pursuant to this
Section.
SECTION 16
NOTICE
16.1 Notice. Any demand, notice or communication to be made or given hereunder shall be in
writing and may be made or given by personal delivery or mailed by first class registered
mail, postage prepaid or by transmittal by facsimile, telecopy or other electronic means of
communication addressed to the respective parties as follows at the addresses set out in
Schedule "R" attached hereto or to such other person, address or facsimile number or
telecopy number as either party may from time to time notify the other in accordance
with this Section. Any demand, notice or communication made or given by personal
23
delivery shall be conclusively deemed to have been given on the day of actual delivery
thereof. Any demand, notice or communication made or given by facsimile or other
electronic means of communication, if made or given at a time when it would be received
by the recipient during its nonnal business hours on a Business Day, shall be deemed to
be received at the time it is sent; otherwise, such electronic communication shall be
deemed to be received on the first Business Day following the transmittal thereof. Any
demand, notice or communication mailed by registered mail shall be deemed to have
been received on the third Business Day following the day on which it was mailed.
16.2 Representatives. The individuals identified pursuant to Section 16.1 above will, in the
first instance, act as the Ministry's or the Recipient's, as the case may be, representative
for the purpose of implementing this Agreement.
SECTION 17
MISCELLANEOUS
17.1 Terms binding. The Recipient shall take reasonable measures to ensure that its officers,
directors, partners, employees, agents and the Consultant shall be bound to observe all the
tenns and conditions of this Agreement, including, but not limited to all covenants,
representations and warranties set out herein. The Recipient shall include in its contract
tenns and conditions similar to and not less favourable to the Ministry than the tenns and
conditions of this Agreement to the extent that they are applicable to the work
subcontracted, including but not limited to the requirements of Section 7.4 of Schedule
"A" of this Agreement.
17.2 Time of the essence. In the perfonnance and observance of the tenns and conditions of
this Agreement, time is of the essence and no extension or variation of this Agreement
shall operate as a waiver of this provision. The Ministry shall not be liable for any
liquidated damages as a result of working days extensions.
17.3 Successors and assigns. This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, administrators, successors
and pennitted assigns.
17.4 Severability. The validity or enforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provisions hereof and such invalid or
unenforceable provisions shall be deemed to be severable.
17.5 No waiver. The failure by the Ministry to insist in one or more instances on perfonnance
by the Recipient of any of the tenns or conditions of this Agreement shall not be
construed as a waiver of the Ministry's right to require further perfonnance of any such
tenns or conditions, and the obligations of the Recipient with respect to such perfonnance
24
shall continue in full force and effect.
17.6 Division of Agreement. The division of this Agreement into schedules, articles, sections,
clauses, paragraphs and the insertion of headings are for the convenience of reference
only and shall not affect the construction or interpretation of this Agreement.
17.7 Governing law. This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
17.8 Survival. Section 4 (Financial Assistance), Section 6 (Reporting Requirements), Section
7 (Records and Audit), Section 8 (Overpayment), Section 10 (Indemnity), Section 11
(Transfer of Asset), Section 12 (Conflict of Interest and Confidentiality), Section 13
(Communications and Recognition), Section 14 (Representations and Warranties) and
Section 15 (Default, Enforcement and Tennination), Section 5.8 (Long-term capital
management plan), Section 17.11 (Interest) and the obligation to maintain a permanent
plaque in cases where it is necessary to install a permanent plaque shall survive the
expiration or early tennination of this Agreement.
17.9 No assignment. This Agreement shall not be assigned by the Recipient.
17.10 No Amendment. This Agreement shall not be varied, except by a document in writing,
dated and signed on behalf of the Ministry and the Recipient.
17.11 Interest. The Ministry reserves the right to demand interest on any repayment of
Financial Assistance owing by the Recipient under the terms of this Agreement at the
then-current interest rate charged by the Province of Ontario on accounts receivable. The
Recipient shall pay the amount of interest owing upon receipt of a written demand and
within the period specified by the Ministry.
17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to
constitute the Recipient an employee, servant, agent, partner of or in joint venture with
the Ministry for any purpose whatsoever.
17.13 Recipient cannot represent the Ministry. The provision of Financial Assistance to the
Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, carrying
out the Project. The Recipient warrants and agrees that under no circumstances shall it
enter into any contract or commitment in the name of or on behalf of the Ministry and the
Recipient acknowledges that it is not by the terms of this Agreement or otherwise,
granted any right or authority to assume or create any obligation or responsibility, express
or implied, on behalf of or in the name of the Ministry or to bind the Ministry in any
manner whatsoever other than as specifically provided in this Agreement.
17.14 Consultants. The Ministry acknowledges that, in connection with carrying out the
Project, the Recipient may engage one or more Consultants. The Ministry acknowledges
25
and agrees that the Recipient shall have the sole authority and responsibility for such
employees, agents or Consultants, including their hiring and tennination. The Recipient
acknowledges and agrees that the Recipient shall be responsible for all acts and actions of
the Recipient's employees, agents and Consultants and that all such acts and actions shall
be treated as actions of the Recipient for the purposes of this Agreement.
17.15 Cooperation. The Ministry and the Recipient agree to cooperate with one another and
wi11 be frank, candid and timely when dealing with one another and will endeavor to
facilitate the implementation of this Agreement.
- END OF GENERAL TERMS AND CONDITIONS -
26
SCHEDULE "B"
DESCRIPTION OF THE PROJECT
OST AR FILE # 6219
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
WORK DESCRIPTION:
Upgrade the Canterbury Well Supply. Project components include:
· Construction - analyzers, chlorine contact time, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, non-shrink
grout wells, secure well caps
Upgrade the Cedar Brook Well Supply. Project components include:
· Construction - analyzers, standby power, sampling station, well casing to be raised
· Miscellaneous (Equipment) - spill containment, backflow preventers, secure well caps
Upgrade the Craighurst Well Supply. Project components include:
· Construction - analyzers, standby power
· Miscellaneous spill containment, well level measurement, backflow preventers, check valves, secure well caps
Upgrade the Harbour Wood Well Supply. Project components include:
· Construction - analyzers, abandonment well #1
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secure well caps
Upgrade the Horseshoe Highlands Well Supply. Project Components include:
· Construction - analyzers, chlorine contact time, extension of well casings
· Miscellaneous- spill containment, well level measurement, backflow preventers, check valves, secure well caps
Upgrade the Maplewood Well Supply. Project components include:
· Construction - analyzers, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secondary check valves,
concrete pad around piping, water tight seal at reservoir, secure well caps
Upgrade the Medonte Hills Well Supply. Project components include:
· Construction - analyzers, contact time, standby power, extend casing well #2
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secure well caps and vent,
modify conc. Chamber to accommodate sump pump
Upgrade the Robin Crest Well Supply. Project components include:
· Construction - analyzers
· Miscellaneous (Equipment) - spill containment, backflow preventers, check valves, replace well cap on well #1
Upgrade the Shanty Bay Well Supply. Project components include:
· Construction - analyzers, chlorine contact time, standby power
· Miscellaneous (Equipment) - spill containment, backflow preventers, check valves
Upgrade the Sugar Bush Well Supply. Project components include:
· Construction - analyzers, chlorine contact time
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, replace
well cap on well #2
Upgrade the Warminster Well Supply. Project components include:
· Construction - analyzers, chlorine contact time, flow measurement device, standby power
· Miscellaneous (Equipment) - water tight hatches, flow device on high lift pumps, backflow preventers, discharge piping
with double check valves, secure well caps, replace well cap on well #2
Upgrade Lake Simcoe Regional Airport. Project components include:
· Construction - analyzers, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, secure well
caps, extension of #2 well casing
27
SCHEDULE "B"
DESCRIPTION OF THE PROJECT
OST AR FILE # 6219
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
WORK DESCRIPTION:
Upgrade the Canterbury Well Supply. Project components include:
. Construction - analyzers, chlorine contact time, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, non-shrink
grout wells, secure well caps
Upgrade the Cedar Brook Well Supply. Project components include:
· Construction - analyzers, standby power, sampling station, well casing to be raised
· Miscellaneous (Equipment) - spill containment, backflow preventers, secure well caps
Upgrade the Craighurst Well Supply. Project components include:
. Construction analyzers, standby power
· Miscellaneous spill containment, well level measurement, backflow preventers, check valves, secure well caps
Upgrade the Harbour Wood Well Supply. Project components include:
. Construction - analyzers, abandonment well #1
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secure well caps
Upgrade the Horseshoe Highlands Well Supply. Project Components include:
· Construction - analyzers, chlorine contact time, extension of well casings
· Miscellaneous- spill containment, well level measurement, backflow preventers, check valves, secure well caps
Upgrade the Maplewood Well Supply. Project components include:
. Construction - analyzers, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secondary check valves,
concrete pad around piping, water tight seal at reservoir, secure well caps
Upgrade the Medonte Hills Well Supply. Project components include:
· Construction - analyzers, contact time, standby power, extend casing well #2
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, secure well caps and vent,
modify conc. Chamber to accommodate sump pump
Upgrade the Robin Crest Well Supply. Project components include:
. Construction - analyzers
· Miscellaneous (Equipment) - spill containment, backflow preventers, check valves, replace well cap on well #1
Upgrade the Shanty Bay Well Supply. Project components include:
. Construction - analyzers, chlorine contact time, standby power
· Miscellaneous (Equipment) - spill containment, backflow preventers, check valves
Upgrade the Sugar Bush Well Supply. Project components include:
· Construction - analyzers, chlorine contact time
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, replace
well cap on well #2
Upgrade the Warminster Well Supply. Project components include:
· Construction - analyzers, chlorine contact time, flow measurement device, standby power
· Miscellaneous (Equipment) water tight hatches, flow device on high lift pumps, backflow preventers, discharge piping
with double check valves, secure well caps, replace well cap on well #2
Upgrade Lake Simcoe Regional Airport. Project components include:
· Construction - analyzers, standby power
· Miscellaneous (Equipment) - spill containment, well level measurement, backflow preventers, check valves, secure well
caps, extension of #2 well casing
27
SCHEDULE "C"
ELIGIBLE COSTS
I. ELIGIBLE COSTS FOR ONTARIO AND CANADA
Without limitation and provided that the criteria of section 3 of Schedule "A" of this Agreement
are met, the following costs are Eligible Costs for both the Ministry and the Federal Government:
a) capital costs (as defined in the Generally Accepted Accounting Principles) of acquiring,
constructing or renovating a fixed capital asset, fonning part of the Project, including all
applicable taxes but exc1uding any tax rebates for which the Recipient is eligible;
b) third party transportation and delivery costs related to acquiring, constructing, installing or
renovating a fixed capital asset, fonning part of the Project;
c) professional fees of ann's length consultants (including, but not limited to, project
management, engineering design, engineering services during construction and legal
services) related to acquiring, constructing, installing or renovating a fixed capital asset
fonning part of the Project;
d) third party communications costs insofar as they relate to the Communications Requirements
and only to the extent allowed by the Communications Requirements;
e) third party incremental insurance and bonding costs insofar as they related to the Insurance
and Bonding Requirements set out in Section 9 of Schedule A to this Agreement;
f) off-site services costs as they may be approved by the Ministry and provided that they are
necessary for the Project's completion, are reasonable in nature and in distance and are for
the Project's principal use; and
g) special purpose equipment necessary for the operation of the Asset and of a type and nature
ordinarily capitalized and third party specialized training costs for new equipment installed as
part of the Project.
II. ELIGIBLE COSTS FOR ONTARIO ONLY
Without limitation and provided that the criteria of Section 3 of Schedule "A" to this Agreement
are met, the following costs are Eligible Costs for only the Ministry and NOT for the Federal
Government:
a) non-capital costs related to preparing the mandatory Engineer's Reports required under the
Drinking Water Protection Regulation as part of the Project;
28
b) non-capital costs, such as hydrogeological investigations or raw water analyses, that are
required to determine the scope of work for the Project; and
c) non-capital costs related to preparing the Environmental Study Reports, if required under the
Municipal Class Environmental Assessment as part of the Project, or other investigations
required to determine the preferred solution for the Project.
III. INELIGmLE COSTS FOR ONTARIO AND CANADA
Notwithstanding anything else contained in this Agreement, the following costs and expenditures
are not eligible for Financial Assistance pursuant to this Agreement:
a) capital costs related to repairing, replacing or extending water distribution systems or sewage
collection systems unless specifically identified as forming part of the Project;
b) capital costs related to the operations or maintenance of a fixed capital asset unless
specifically identified as forming part of the Project;
c) other capital costs for works not specifically required to implement the Project and not
forming part of the Project;
d) capital costs and non-capital costs related to providing additional capacity in the water
treatment or distribution system, or in the sewage collection or treatment system, for the
purpose of accommodating growth or future development;
e) non-capital costs related to the operations or maintenance of a fixed capital asset;
f) land acquisition costs and related survey, legal and property transfer costs;
g) costs of conducting surveys of private water or sewage systems, analyzing water samples and
developing the business case for the purposes of applying for Financial Assistance pursuant
to the OSTAR Infrastructure Initiative;
h) direct and indirect operating and administrative costs of the Recipient related to
implementing the Project, including but not limited to costs of:
obtaining approvals, licenses or pennits where the Recipient is the entity providing
the approval, license or permit;
leasing land, buildings or other facilities;
conducting general feasibility or planning studies;
conducting fundraising campaigns;
financing the project; and
providing furniture, fixtures, decorations, fitting-up supplies, etc.
29
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i) contributions or commitments in kind; and
j) other capital and non-capital costs that go beyond the intent of the OST AR Infrastructure
Initiative as detennined by the Ministry, from time to time in its sole discretion.
30
CA-tJ"ffiZ-B uiL Y
SCHEDULE"D"
BUDGET
Sc:PT . /0 I
~'-'i /03
/j
)
.:r~ N ' 24. 103
(8)
(b)
(C)
Project initiation date:
Anticipated project completion date:
Fill in the following table where appropriate:
4 oeo. 00
\ " 500.00
L'1\ .Ccl
$ \ co 24\. ~3
i
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~31 S11. 1$
15 Clio';. .00
~o it 5'1."10
31
Q'\ _ r-r
'()4 '()4 '()4 'OS '05 '05 '05 '06
'02 '03 '03 '03 '03 '()4 03 Q4 0'\ 02 03 Q4
'0'\ '0'\ '0'\ '0'\ '02 '02 '02 Q4 0'\ 02 03 Q4 0'\ 02
'00 '00 0'\ 02 03 04 0'\ 02 Q3
"M1L~S'fONf. 02 03 Q4
D~SCBJP'fION ~
~~t>\.-"'"l~ X
c..-W-O (2.\,J.,", GQ.,.o....n;. '\\~ '/,.'
c:,~c>€>'-( POvJ~ ~
00 ~s
~ \ S ~\.-~ >t-> eou-s
SCll~DtJLE "E"
\'llo)1\C'f SCll\l1>\JL1!. (!II11J!S'fON\!S)
a) Entar WIeSton<' Oascrip\lon , , !tar \hOI peMin \0 tha mi\eS\ona \il!lelin"
b) Shade thO be""s bY tha aPl' ,fopna e d~:ddi\\OOa' sheets
c) It you reQulra more speca. p aasa a
d .... Go~ernment ~''Iaar: __.\I-.t.- Q2 ~ JUly - ~
32
b\/:z.~/o:3
c;,p 1V ~e:.\J t. "'f
Q3 " ~ . oecembef Q4" Januaf'/' \larch
SCHEDULE"D" .
BUDGET ~r'. ~4/t>3
Sc=Pr./O\
Anticipated project completion date: ~~ /03
ce:o~~~
(a)
(b)
(c)
Project initiation date:
\ \Qy -
Fill in the following table where appropriate:
(d) Complete the following table:
\.500.0(:)
91
!o8 8"?> c.. 8
$.~8/833',b8
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~~,S \ 3. ~8
~cllo.oo
3(, 0 So.co
31
SCHEDULE "E"
PROJECT SCllJIDULE (1\I1LESTONES) ~'l=>C
e) Enter !.I,\estone D.,.cripIion ' "
b) Shade I!Ie bOxes by the approprial. Quert.r,1hel pertain \0 the mlleSlone IIInelln.
c) It you reQuire more spec.. pi.... edd eddrt"""'\ so..ts
-~ --- - -----=:- ~----
**sased on GO'lernment Fisca\ Year:
Q1 '" Nlrn- June Q2 '" JulY _ sep\l!mbaf Q3 '" oct<JbO' . t)eCOI1Iber Q4 '" Jenuary' March
32
(a)
(b)
(c)
SCHEDULE "D" . /
CQAM c,\ tW ~s:t BUDGET -:rA u . 61 (/ $
Project initiation date: S&-r < /0 I -
/
Anticipated project completion date: ~ L Y / () 3
Fill in the following table where appropriate:
ESTIMATED COSTS
57 ~4
, bOc.'). 00
9 5"00. co
.36
o
7039S_b3
.
$.10,39'5. ,,3
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
Co2
Q ,530.
lot S. 0.'
3f.t., OS-o.Oo
31
-:::rA~' ;;r1/0 3
C.~\ c. \.10\1.$\ SClJEDULE "E"
PRoJECT SCBJIDULE (Jd.ILESTONESJ
a) "Enter tli\Ues\one Description
b) Shade the bO'" bY the approPriate qUarter that pertain to the mUestOne ~meline
c) "you require more space. please add additional sheets
**Based on Go"ernment Fisca' Year:
01 ~ ~r" _ June Q2 ~ July _ septen'be' 03 ~ ()C101Je1' . Dacen>be' Q4 ~ JenuarJ. ",arch
- -- _.~----
32
\ SCHEDULE ''D'' I
~~~.D BUDGET ::J~~. 27 '03
(a) Project initiation date: ~. /0 \
(b) Anticipated project completion date: ~ ~1'l / 0 3
(c) Fill in the following table where appropriate:
\lc; -)
ESTIMATED COSTS
sco- oc
Coo. 0 (::
't 044 . q,
$35. ~i, 15
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~~, 5 l,. IY-
, '2 3(,0. 0'
31
\).t>t.IbCUL'-""" p SC\lEDULE "E"
PROJEct SCUJIDULE (!d.lLESTONESJ
~\ ~~::;:~o;::,tfa'~!OPrlat. quart... ,thaI p.rtaln \0 tha ",'lesion. \in1.,in.
c) "you retlulre more space. pi..... add addil\OOal she.'S
..eased on GO~."",,",,\ F\0C8' yeer:
-~ -- ~
Q2 ::: JU\Y - septel1\ber
Q1 ::: AprU - June
32
5" po t.> :.}.1! () '3
Q3 ::: october . December
Q4 ::: JanuarY. March
\~o\-\..\\
Wo~ St-be. \-\ t:;"" SCHEDULE "D" '~ A ....L ":;1.1/03
BUDGET
Project initiation date: S:=PT. / <::> l
(8)
(b)
(c)
Anticipated project completion date:
~'t' /0'2
Fill in the following table where appropriate:
ESTIMATED COSTS
'31000.00
$d:,4\S.).;fq~
(d) Complete the following table:
CASH FLOW BASE)) ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
a~. ~33. 2-+
i(P 480.Dct.
'24-1cGf.1o
31
~"'* s ~ t..t..4........... D s. sclIEDULE "Fl'
PtloJ1!.C1 sCBEDmJ!. (MlLiS'{ON\!S)
~~:~~~::~~~~Ii:ptoPfla\e qualle!,\hO\ petIOln \0 \\16 mi\eSlone limeUne
I! 'I"" ",quire more space. please add addlllonal sheelS
..aased on GoVernment fiscal '/.....:
-----------==
~
....---
Q1 ::: APril - June
Q2 ::: Ju\Y - september
32
:::lP~' ~~lc3
Q3 ::: october - December
Q4 ::: January. March
L~ S'r"-~
A\ ePoe::r
SCHEDULE ''D''
BUDGET
~ /6\
r-:- I
:......s <.X- "t () 3
.:::::r.a ,.J . ~.., / (;) 3
(a)
(b)
(c)
Project initiation date:
Anticipated project completion date:
Fill in the following table where appropriate:
ESTIMA TED COSTS
L 00 <:). C)'C
\ ',000.00
94S'. {O
10 (g\,G:.9
$/0'" .., ~ C. t..9
t
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~3.~2\. "'8
12. 3b () . o.
3o,Qoo- ~c
. 31
SCHEDULE "E"
PROJECT SCHEDULE (MILESTONES)
aj ~nter 1i.IUes\Of\El DescriptIon .
b) Shade the boxes by the apPfopriate quarter that penain to the milestone tlmellne
c) It you require more space. please add additional sheetS
L p.'" 5 \ ~c.o 6-
J:>\ t- "De:(
~ t o~,J::J-
:::f",.::....::>. ~ '1/03
Q1 ~ jlpftl- June Q2 ~ July _ september Q3 ~ october . oecember Q4 ~ Janusry. ",arch
------ -----
**Based on Go"ernment fiscal Year:
32
\'-0
Project initiation date:
SCHEDULE "D"
BUDGET
5EPr./O\
~A~. d'/03
N().pre.c..uoc D
(a)
(b)
(c)
Anticipated project completion date:
::..J UL'-I / 0 .3
Fill in the following table where appropriate:
ESTIMATED COSTS
lOco. 00
q,COQ.oo
" 8SS. <02
$ G,4,1 ~c:f. 51
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~~,s 39'. 5'=>
t C 3 0 c. 0 I
30,900.00
31
~~' '2"1/c~
MP.(>~u:>t:D \) SCl1EDULE "E"
\,1l0]ECf SCI11ID'ULE (MlLESWJ.'I\\S)
oj Ento' ~\as\Ooo uQSCrip\\oQ , I Quorto,",", pertalO 10 me ",\leslOOO \\11\01\""
b) shade Ihe bOxas bY lhe o~eo~~: :dd additiooa\ sheets
c) \\ 'lou requ\re more space. ~I ..
"eased on GO'Iernme<>t fiscal '/ ear. ^' ~ ,....il _ Juoe Q2 ~ JUlY - 5ePtan'''"' Q3 ~ 00\0""' . oece"'''"'
----~
32
Q4 := JanuarY - March
<.. i.1
rv\ro ON \C U-, \ \ ~
. ~~~N. ::JIID 3
Project initiation date:
SCHEDULE "D"
BUDGET
~./o,
~ jo?>
(a)
(b)
Anticipated project completion date:
(c) Fill in the following table where appropriate:
ESTIMA TED COSTS
(d) Complete the following table:
..
S- 000 . 00
9'1 Sec. 00
~, B ex::>. q~
9lo , It,S. 07
$ Cflo,. 65". 01
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
d3,SSO.ob
Il., "I S. 0 l
55. ~o. DO
31
-~
Shade the ?< -
I ",/ou {eqU\{~ ::: JU\'/ _ september Q3 ::: v...'--
ad Government f\Sca\ ~ e8" '05 '05 '05 '06
Q1 ;;;.......- '04 '04 '05 Q2 Q3 Q4
"'8a5 on '03 '04 '04 Q3 Q4 Q'\
'()2. '03 '03 '03 Q3 Q4 Q'\ Q2-
'0'\ '02 '()2. '()2. Q3 Q4 Q'\ Q2
'0'\ '0'\ Q'\ Q2
'00 '00 '0'\ Q2 Q3 Q4
Q4 Q'\ ~
!\J\lL"ES'tONE Q2 Q3
D"ESC\llP't\O~ ~ ~
{:::;..N p..L. "'i ~ ~ --
~ "\'\ ~~ .
COtv~ - ~ ~
~Db'1 ~ - l'l..
';"- . ~ ~ Z CP-S\">~
G<-~'"(\~ o'f . ~ . .
M\ '5 ~l>",",~
-
....
\ \ \ -
.... \
\ \ \
\ \
- \
\ \
\
-
'-
01"'1'1'- W \ v.. SCllED\J1.E ''Fl'
~ I'IlO)1\Cl' geUED1JL1\ (MlLi$tONJISJ
a) ~o\e! ~\\eslone DesC<\P~oO 'ala quana' \11M pallal" 10 \IIa ",ilaslone llmeline
0) Shade lhe bO~es ~! ~~~ add add~\ooal sne"'"
~..", ?-'d03
oecember
Q4 ::: Januart.. tAarc"
3'2
\
\
~I t-I ~ SCHEDULE "D" ~ AN ' '2'1/03
BUDGET
(a) Project initiation date: SEP\. /0'
(b) Anticipated project completion date: ~c. /02
(c) Fill in the following table where appropriate:
300. 00
SSoa,OO
8 G, ,. tot"
:1 9 5 '11 . -1(...
$2q 511'. "u.
,
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS. .
"'.1. ,5
;;\ ..>. G::. c> "3 .
5.~ly,OI
31
--:::rp.,...) , d.1 ! c 3
eo 1:>\ ,.\ ~ sc}1EDULF. ''Fl'
l')l.oJECT gC1lIlDULE (WL1!S'I'01IESJ
a) En\Of \AiIeSIOne 1)escripllon , I quarter \hili pertaIn 10 Ihe mileSlOne limeline
b) 5"""e Ihe bO~es bY lhe app;OP~: :dd add~iOne\ sheels
c) II you te<\u"e more space. pea
"e.aed on G""....""'nt ",seal '(eat' . _"1- .t .-. Q2 ~ JUlY - ~ Q3 ~ OclobB' . ~"'"
--------- ~
32
Q4 :: January - Marc"
~~T{ e:,~'-1'
SCHEDULE "D" -::::rP-J\.I d."" 103
BUDGET
SEPT. /0,
(a)
Project initiation date:
(b) Anticipated project completion date:
~/03
(c) Fill in the following table where appropriate:
4 00 c. c>c
3,000. 00
~ 514.80
8~ ~4'. 3'1
$ 8 ~(~y';. ~9
(d) Complete the following table:
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~'4 .1090:>. 10 'd-.3, S~,. '=>'"
3 00
8 t 10.
31
-::.f"p. to> , ~:'11 03
s.......,.,...-f s;,... -( sc1\EDULE ''E''
}'\101Ecr scBEDULE (rA1LES'fONES)
a) EoIar ~U..lOne Desct\Plion , t querte' tha1 pel1ain \0 the milestone tiftlelll1e
b) Shedethe bOxes bY 1\'Ie B\>p',opn: :dd addi\iOna\ sheets
0) "you ,e<\u"e ""'''' so""e. 0.... .
d .... GO~"",_t f\eC&\ year: ,--- Q2. ~ July ~ seot""'''"' Q3" oct""'" . 0""",",,,"
---~~
32
Q4 ;: Janual1 - March
\~ )
"5l..U1 ~ P.:>u....s. \-l
-::rA,,). ~ ,I 0 ~
Project initiation date:
SCHEDULE "D"
BUDGET
~./O\
(a)
(b)
(c)
Anticipated project completion date:
~L:-I /0 '3
Fill in the following table where appropriate:
(d) Complete the following table:
5 Q'C
1000.
00 00
o .
84
$ 84, { I ~. 0 ~
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
a5. S'~,. 6Cf
1 ( ;;l \ 6 ' 00
5'3 3 8 t . .3 CJ
31
::r p...~' ;).11 03
$u.G, pi- e,0 ~.... SCl1EDULE "E"
P\lO!I\Cf sCJl!1DULI\ (tAILESfOJol1!S)
.' ~~ .
Q3 _ octObet . peceJ1\bet Q4 ~ Januar/' March
Q2. ..: JU\Y - september -
a) lOoter iA\lestOoe pascnpfiOf\ ' I quarter \h8\ pertalo to the ","","ooe o",ellne
b) Shade the ~O)l~OS ~eYstph~c~Pp~~~~: :dd add\t\Ooa\ sheets
c) \t yoU reQu\re II.. ~,
""Based on GOVern<<""" f\&C8' 'I.....' .., - ..,,\1- J.....
-- ~ - ~ ~_---------=::
32
(a)
(b)
(c)
SCHEDULE "D" __ /
BUDGET ~ ~N. ~ if'D3
S"EPr. /01
Anticipated project completion date: -::JUL '-( I 0 ~
LV~\4.~
Project initiation date:
\
1
Pill in the following table where appropriate:
ESTIMATED COSTS
(d) Complete the following table:
s: coo. 01:)
l SoDa. 0-0
4 ~ 55. '='2.
$1 '1<P, I o~.'SI
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE b MUST BE EQUAL WITH LINE 10 OF ESTIMATED COSTS
~3, 539. S-b
i <:) I 0[ I C) .00
31
;;lQ '=>00. o\t
..-"
uJ p..e..<'M .-\ ,,~ SClIED\JLE ''1>''
PROJECT SCllEDULE (MJl-ES'fONJIS)
a) Ente' ~\1eSIOne t>escrip\\on ,,' \'
b\ Snaae Ine bOxes bY \lie appro""a'" quartar,\IIa\ perta,n \0 1\\0 mdeslone I.ma ,na
0\ \I yoU ,OCIuire more space. please add addlUOnat snoots
__ --o-::~
''I!ased on Government F_' yaar.
Q1 = APril - JUno Q2 = July - septomb"'
32
~~. ;;1'1/03.
Q3 :: october . December
Q4 :: January. March
SCHEDULE "F'
FINANCIAL ASSISTANCE
Total Eligible Costs: $913,699.00
Senior Government Share: 66.67%
Ontario Share:
33.34%
Federal Share:
33.33%
Maximum Financial Assistance: $609,163.12
Ontario Maximum Financial Assistance: $304.596.79
Federal Maximum Financial Assistance: $304,566.33
The Ministry will hold back 10% of the Maximum Financial Assistance, the release of which
shall be contingent on submission of the Recipient's Final Report detailing the progress and
status of the Project and substantiating that the Project has been Substantially Perfonned. Such
report must contain the infonnation required in the Final Report as set out in Section 6.2 of
Schedule "A" of this Agreement. The Ministry is not obligated to pay interest on the holdback or
any other payments under this Agreement.
MMAH COLLABORATES WITH CLIENT ON APPROPRIATE MILESTONE
SCHEDULE
33
\l<?
SCHEDULE"G"
FEDERAL REQUlREl\1ENTS
The Ministry and the Recipient agree to the following Federal Requirements:
1. The Recipient acknowledges and agrees that the amount of Financial Assistance being
provided by the Ministry is dependent on the Ministry receiving funds for the Project from
Her Majesty the Queen in right of Canada (the "Federal Government"). Should the
Ministry not receive the funds it expects to receive in relation to the Project from the Federal
Government, the Ministry may, in its sole discretion, adjust the amount of Financial
Assistance being provided to the Recipient pursuant to this Agreement (including, without
limitation, requiring repayment of Financial Assistance already paid to the Recipient).
2. The Recipient represents and warrants to the Federal Government that other than the
Financial Assistance being provided pursuant to this Agreement, the Recipient has not and
will not use any other funding received from the Federal Government towards any aspect of
the Project.
3. The Recipient agrees to indemnify and hold hannless the Federal Government, its directors,
officers, employees and agents from and against all suits, judgements, claims, demands,
expenses actions, causes of action and losses (including, without limitation, reasonable legal
expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario)) and
for any and all liability for damages to property and injury to persons (including death) which
the Federal Government, its directors, officers, employees and agents may incur, otherwise
than by reason of their own negligence or wilful misconduct, as a result of or arising out of or
in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's
own negligence or wilful misconduct.
4. The Recipient further agrees to indemnify and hold the Federal Government, its directors,
officers, employees and agents, for any incidental, indirect, special or consequential damages,
or any loss of use, revenue or profit, which the Federal Government, its directors, officers,
employees and agents may incur, otherwise than by reason of their own negligence or wilful
misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the
terms of this Agreement, or the Recipient's own negligence or wilful misconduct.
5. For the purposes of the Communications Requirements set out in Schedule I to this
Agreement, the Recipient shall follow the Canada-Ontario Infrastructure Program ("COIP")
requirements as well as the SuperBuild requirements.
6. The Recipient acknowledges that the provisions of the Access to Information Act (Canada)
and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in right
of Canada.
34
\
7. The Recipient acknowledges that the Federal Government is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks in relation to COIP
(the "Federal Licensed Marks") and the Recipient is subject to the requirements of Section
13 (Communications and Recognition) of Schedule "A" of this Agreement, with appropriate
changes, in relation to the Federal Licensed Marks.
8. No member of the House of Commons or of the Senate of Canada shall be admitted to any
share or part of any contract, agreement or commission made pursuant to this Agreement or
to any benefit arising therefrom.
9. Notwithstanding any provisions of this Agreement, all obligations of Canada incUITed by
virtue of this Agreement shall be subject to the Financial Administration Act (Canada).
10. All of the provisions of this Schedule "G" shall survive the expiration or early tennination of
this Agreement.
11. Pursuant to the requirements of the Canadian Environmental Assessment Act, the Recipient
will follow the general environmental mitigation measures outlined in the document entitled
"Screening under the Canadian Environmental assessment Act" and any Project-specified
environmental mitigation measures as communicated to the Recipient by the Federal
Government.
35
SCHEDULE"H"
ADDITIONAL PROVISIONS
The Ministry and the Recipient agree to the following additional provisions:
1. Further to Section 16 of Schedule "A" hereto, notice can be given at the following addresses:
(a) H to the Ministry:
Ministry of Municipal Affairs and Housing
c/o Ontario Ministry of Agriculture and Food
1 Stone Road West
3rd Floor
Guelph, ON
NIG 4Y2
Fax: (905) 826-4336
Attention: Mr. Brian Cardy, Manager
(b) H to the Recipient:
The Township of Oro-Medonte
P.O. Box 100
Oro, ON LOL 2XO
Fax: (705) 487-0133
Attention: Ms. Jennifer Zieleniewski, Chief Administrative Officer
2. Other provisions:
36
SCHEDULE "I"
COMMUNICATIONS REQUIREMENTS
Unless specified otherwise in Schedule "G", for the purposes of this Schedule "f' the Recipient
shall follow the SuperBuild requirements and not the Canada-Ontario Infrastructure Program
("COIP") requirements.
Purpose of Schedule
This Schedule describes the Recipient's responsibilities and financial obligations involved in
producing, installing and maintaining signs and plaques as well as in arranging announcements
and ceremonies for the Project.
General Principles
The Recipient wi11 work with the Ministry's officials and other partners to undertake
communication activities ensuring equal recognition of all parties making a significant financial
contribution to the Project.
Ail ceremonies, events, signs and plaques wi11 follow these Communications Requirements and
any other requirements that may be specified by the Ministry, from time to time.
All parties making a significant financial contribution to the Project shall receive equal
recognition and prominence when logos, symbols, flags and other types of identification are
incorporated into announcements, ceremonies, signs and plaques unless the Ministry provides
otherwise.
An announcements and ceremonies will be organized jointly with equal participation from all
parties making a significant financial contribution to the Project.
Both official languages will be used for public information, signs and plaques in accordance with
the French language services standards for Ontario in the case of SuperBuild and/or Canada in
the case of COIP.
Si2lls and Plaques
If the Project has more than six months to completion (from the date of this Agreement), the
Recipient is to display one of two types of signs - a SuperBuild capital project sign or, as
appropriate, a Canada Ontario Infrastructure Program sign in a prominent location related to the
Project.
The Recipient must comply with the SuperBuild Visual Identity Manual when designing all signs
and plaques and, as appropriate, the COIP style guide as set out below:
37
. SuperBuild's Manual and digital templates in a variety of formats are available from
SuperBuild's password-protected Partner Centre on its Web site at
www.SuperBuild.gov.on.ca. For passwords and other information, please contact the
SuperBuild Standards Advisor by phone at 416-325-0424, fax at 416-325-8440 or e-
mail at Standards.Advisor@SuperBuild.g:ov.on.ca.
. COIP style guide and digital templates are available from the COIP Web site at
www.ic.gc.ca/coip-pico. For information please contact the Industry Canada
Standards Advisor by phone at 416-954-6652, fax at 416-954-6654 or e-mail
schmitt.comelia@ic.gc.ca.
The Recipient will ensure that proofs of all SuperBuild, or, when applicable, COIP capital
project signs and plaques are reviewed by the Ministry before installation.
Responsibilities
The Recipient is responsible for erecting SuperBuild or, when applicable, COIP capital project
signs indicating all Senior Government (for the purposes of this Schedule, "Senior
Government" means the Ministry in the case of a SuperBuild only Project and the Ministry and
the Federal Government in the case of a COIP Project) Financial Assistance and any municipal
contribution toward the Project at all sites, facilities, etc. where the Financial Assistance is being
used.
The Recipient shall erect signs and install plaques as directed by this Schedule. The relevant
standards and procedures are outlined in the following paragraphs.
External Proiect Si2l1s (Temporary)
. External Project Signs (at least 120cm high x 240cm wide I four feet high by eight feet wide)
are required where the Maximum Financial Assistance exceeds $50,000, the Project is
underway and where the duration of the Project is longer than six months. Larger signs
(24Ocm high x 360cm or 480cm wide I eight feet high by twelve feet or sixteen feet wide) are
required where the Maximum Financial Assistance exceeds $2,500,000, where the Project is
underway and where the duration of the Project is longer than one year.
. External Project signs shall follow the approved design and guidelines outlined in the
SuperBuild Visual Identity Manual and, as appropriate, the COIP style guide. These
guidelines provide specifications such as the required positioning of government logos and
those of its public and/or private-sector partners, as appropriate.
. Both official languages will be used for public information, signs and plaques in accordance
with the French language services standards for Ontario in the case of SuperBuild and/or
Canada in the case of COIP.
. The Recipient will submit proofs via e-mail or fax of the external project signs to the person
directed by the Ministry for approval.
38
. The Recipient will oversee the manufacture of the sign and ensure that the selected location
of the sign does not restrict accessibility, pose any hazard or interfere with facilities and
services (e.g. electrical systems, drainage, etc.).
. The Recipient shall ensure that the Project signs are erected in prominent locations at the
Project site as soon as possible after the execution of this Agreement and no later than 30
days after the start of construction. Erected signs should be maintained for up to 60 days
following Project completion. The Recipient will arrange for sign removal and re-cycling
following the 60-day period.
. Signs should be freestanding, securely assembled and erected, away from other distracting
signs. No other sign, including those of design and/or engineering finns and/or contractors
involved with the Project, should be attached to the Project sign.
. The Recipient is responsible for sending to the person directed by the Ministry, within 45
days of receipt of the Ministry's approval of design proofs, a photograph (digital or
otherwise) which portrays the erected sign in relation to the Project.
. Where the Maximum Financial Assistance does not exceed $50,000, the Recipient may, at its
option, install a sign (following the requirements of this Schedule) and the costs associated
with so doing will be an Eligible Cost in accordance with this Schedule.
PlaQues (Permanent)
. Upon completion of a Project where the Maximum Financial Assistance exceeds $500,000,
the Recipient wi1l install a pennanent plaque.
. Pennanent plaques may follow the design outlined in the SuperBuild Visual Identity Manual
or the COIP style guide or use a style suited to the building, provided all governments and
partner logos are included.
. Costs for plaques shall be part of the Project's Eligible Costs in accordance with this
Schedule.
. The Recipient will submit proofs of the plaques to the Ministry for approval.
. Both official languages will be used for public infonnation, signs and plaques in accordance
with the French language services standards for Ontario in the case of SuperBuild and/or
Canada in the case of COIP.
. Upon completion of a Project where the Maximum Financial Assistance does not exceed
$500,000, the Recipient may, at its option, install a pennanent plaque (following the
requirements of this Schedule) and the costs associated with so doing wi1l be an Eligible Cost
in accordance with this Schedule.
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Eli2ible Costs
External Project Signs (Temporary)
Small sign: 120 cm high x 240 cm wide/4 feet x 8 feet
Production - $1,250
Installation - 1,000
TOTAL ,$2.250
Large sign: 240 cm high x 360 cm wide/8 feet x 12 feet
Production - $2,250
Installation - 2.000
TOTAL $4.250
Plaques (permanent)
Plaque: 60 cm high x 90 cm widel2 feet x 3 feet
Cast Bronze $2,500
Stainless Steel $1,200
Aluminum $1,000
Acrylic $800
Announcements and Ceremonies
All governments must be equally represented at events.
When asked by elected representatives or designated officials from the Senior Government, the
Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the
availability of the all government participants from all levels of government.
The Recipient may invite other elected officials and members of council. The Recipient should
also invite local interested parties, such as contractors, architects, labour groups, and community
leaders.
After the participants, date and location have been detennined, the Recipient should send out
invitations to all guests.
When appropriate, the Recipient should invite the general public by posting notices in public
areas, such as post office and libraries or by placing public service announcements in the local
media.
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All written communications (invitations, public service announcements, posters, etc.) must
indicate that the Project received Financial Assistance from SuperBuild, or, when applicable,
COIP.
The Recipient could arrange for light refreshments to be served after the event, for example
coffee, tea, juice and donuts.
The Recipient will have an opportunity to provide input into the agenda, media advisory, news
release, etc. and will receive final copies in advance of the event.
Depending on the size of the event site, a specially designed program backdrop, banner and/or
lectern sign will be provided to the Recipient. Federal, provincial and municipal flags should also
be on display at all COIP events.
Responsibilities
The Recipient will:
· make all local arrangements (e.g., podium, flags as appropriate, seating for speakers, shovels
for ground-breaking ceremonies or ribbon for opening ceremonies, etc.) if required;
. produce invitation and guest list and distribute invitations;
· display Project material (could include information on other OSTAR Initiative projects in the
municipality);
. choose a Master of Ceremonies, if required;
· arrange for refreshments if desired; and,
· arrange for a public address system if appropriate.
EliIDble Costs
The Senior Government will fund a portion of a recommended event (sod turning, plaque
unveiling, ribbon-cutting, official opening) in accordance with this Agreement. In order for a
cost to be considered an Eligible Cost for the purposes of this Schedule, the Ministry must pre-
approve the budget related to the event. No more than $750 of Eligible Costs will be considered
by the Senior Government.
Only costs associated with events recommended by the Senior Government will be considered
Eligible Costs.
The Project may be of such regional or provincial significance that it warrants a major event
(such determination to be made by the Ministry, in its sole discretion). If this is the case, specific
Project budgets above $750 in Eligible Costs may be permitted with the prior approval of the
Ministry.
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For the purposes of announcements and ceremonies, Eligible Costs include the following:
. Printing and mailing invitations
. Refreshments*
. Draping for plaque unveiling
. Project material for display and/or media kit
. Temporary signage
. Rentals such as:
. flagpoles
. stage
. chairs
. podium
. P A system
*Only light refreshments such as coffee, tea, donuts, muffins will be considered Eligible Costs.
The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or
transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible
Costs.
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SCHEDULE "J"
FINAL COST SUMMARY
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