3334 To authorize an agreement with The County of Oxford for the provision of Water : and Sewer Services for the Town of Tillsonburg. :TI --IE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3334
A BY-LAW to authorize an agreement with The County of Ox -ford for the provision of Water
and Sewei- Services for the Town of Tillsonburg.
WHEREAS The Town ot"hilsonburg is desirous of'enter ing into an agreement with County of
Oxford tor the provision of Water and Sewer Services for the Town of Tillsonburg;
THEREFORE the C I otincil of theflown of illsonburg enacts as fiollows:
I . THAT Schedule '6AI" attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "A" on behalf of the Corporation ofthe Town of Tillsonburg.
W -XII "I THIS READAFIRST,AND SdND TIME HIS 11tDAY OF August, 2008.
READ A THIRD A� FINAL TIME AND PASSED THIS I It" DAY OF August, 2008.
MAYOR-Stcphcn. Molnar
t
CLEIZK-Michacl Graves
WATER DISTRIBUTION AND SEWAGE COLLECTION
SERVICES CONTRACT
BETWEEN
COUNTY OF OXFORD
AND
TOWN OF TILLSONBtJRG
Table of Contents
Section
BACKGROUND
1.0 Definitions
Page No.
1.1 Water Distribution System 2
1.2 Sewage Collection System 2
1.3 Agreement 2
1.4 Applicable Laws 2
1.5 Approved Capital Expenditure 2
1.6 Business Day 2
1.7 Claim 2
1.8 Billing and Customer Service 2
GENERAL CONDITIONS OF THIS AGREEMENT
2.0
Services Provided (Water) 3
3.0
Services Provided (Wastewater) 3
4.0
Services Provided (Billing and Customer Service) 3
5.0
Protection of Work and Property 3
6.0
Performance of Services 3
7.0
The County Sewer Use By-law 3
8.0
The County Water Use By-law 3
9.0
Indemnification of the County 3
10.0
Insurance 3
11.0
Further Assurances 3
12.0
Ontario Water Resources Act 4
13.0
Initial Term of Agreement 4
14.0
Termination of Agreement 4
15.0
Arbitration 4
16.0
Notification 4
Section
17.0
Amendments to the Terms of Agreement 5
18.0
Agreement Headings 5
19.0
Compliance With Applicable Laws 5
20.0
Successors and Assigns 5
21.0
.Agreement to Govern 5
22.0
:Entire Agreement 5
23..0
Survival 5
24.0
Severability 5
Table of Contents — (cont'd)
FINANCIAL OBLIGATIONS OF THE AGREEMENT
25.0
Payment For Services 5
26.0
Payment To County 5
27.0
Unplanned Expenses 6
28.0
Bad Debts (Consumer) 6
29.0
Payment To Service Provider 6
30.0
Quarterly Financial Report To County 6
31.0
Quarterly Payment To Service Provider 6
32.0
Payment To Service Provider For Capital Works 6
33.0
Annual Financial Report To County 7
34.0
County of Oxford Water and Wastewater Policies 7
35.0
Rolling Stock, Major Equipment 7
Schedules
A Map of Service Area Limits — Water Distribution
A-1 Map of Service Area Limits — Sewage Collection
B Services Provided (Water and Wastewater)
C Services Reporting Format
D Insurance Requirements
,
i
SERVICE CONTRACT
THIS CONTRACT made in duplicate this c? 54� day of Y
BETWEEN:
i
COUNTY OF OXFORD (COUNTY)
OF THE FIRST PART
2008.
I
- and �
i
T IE CORPORATION OF THE TOWN OF TILLSON, BURGI (SERVICE PROVIDER)
OF THE SECOND PART �
WHEREAS section 12 of the Municipal Act, 2001 S.O.2001 chat. 25, provides that the County
of Oxford has exclusive authority and responsibility for the supply; treatmet, storage and distribution of
water and the collection and treatment of sanitary sewage in the County of Pxford.
I
AND WHEREAS the Corporation of the Town of Tillsonburg, established as a Town in the
Province of Ontario has requested to be the Service Provider relating to the operation and maintenance of
the water distribution and the wastewater collection systems for the Town f Tillsonburg.
AND WHEREAS the Parties agree that the intent of this service contract is to provide high
quality water distribution and sewage collection services, billing slid Gusto er services, in a sustainable
and cost effective manner for the properties serviced by these systems.
AND WHEREAS the Parties agree that this service contract will lie administered by the Public
Works Department of the County of Oxford on behalf of the County, directly with the Service Provider.
I,
AND WHEREAS the Parties intend on consulting with each othe# about policy changes and, to
the degree appropriate, considering the implications, financial and other, fo� the community and
customers;
NOW THEREFORE, THIS CON'T'RACT WITNESSETH that inconsideration of the mutual
covenants contained here, the Parties hereto covenant and agree as follows
i
c
a
Page 1
BACKGROUND
1.0 DEFINITIONS
1.1 Water Distribution System
The water distribution system is comprised of all mains, water services, fittings and
appurtenances on municipally owned lands, right of ways or easements, fire hydrants, valves, water
meters and also includes distribution mains outside the Service Provider's municipal boundaries
providing water to customers.
Pumping stations, wells, well fields, storage reservoirs, raw water transmission mains and
treatment facilities are not part of the water distribution system.
Schedule `A' contains a map of the limits of the water distribution service area.
1.2 Sewage Collection System
The sewage collection system is comprised of all sewage mains, manholes and laterals contained
on right-of-ways and/or easements conveyed to the Service Provider or the County.
The sewage lateral on private property is owned and maintained by the property owner.
All sewage pumping stations, forcemains and treatment facilities are not part of the sewage
collection system. The administration of County By-law No. 2719-87 will be by the County except as
assistance is directly requested from the Town.
Schedule `A-1' to this Contract contains a map outlining the limits of the wastewater collection
service area.
1.3 Contract — means this Contract together with Schedules A, A-1, B, C and D
1.4 Applicable Laws
Applicable laws are to be broadly interpreted and means, with respect to any person, property,
transaction, event or other matter dealt with in this Contract, any and all statutes, by-laws, regulations,
enactments, ordinances, rules, permits, consents approvals, certificate of approval, licenses, judgements,
orders, judicial decisions, common law rules, decrees, injunctions Contracts, authorizations, regulations,
policies guidelines, directives, objectives whether federal, provincial or municipal including, but not
limited to, all laws relating to occupational health and safety matters, fire prevention and protection,
health protection and promotion, land use planning, environment, Building Code, or workers
compensations matters.
1.5 Approved Capital Expenditure
Approved capital expenditure is the estimate of Capital Expenditures reasonably required for the
operation, upgrading and expanding of the system for the following year. The County's written approval
of any estimate authorizes the Service Provider to incur the Capital Expenditure assuming the expenditure
continues to be warranted.
1.6 Business Day
Business day means a day other than a Saturday, Sunday or statutory holiday in Ontario.
1.7 Claim
Claim means any claim, fine penalty liability damages loss and judgements (including but not
limited to, costs and expenses incidental thereto) of any kind and nature whatsoever.
1.8 Billing and Customer Service
Billing and customer service shall include but not be limited to sending monthly bills, meter
reading and answering customer inquiries regarding water quality, billing, emergencies, etc. Schedule B
of this contract defines the customer services to be provided.
Page 2
GENERAL CONDITIONS OF THE CONTRACT
2.0 SERVICES PROVIDED (WATER)
The Service Provider agrees to perform or cause to be performed the operation, maintenance and
administrative services, as listed in Schedule `B' to this Contract such that the County's water distribution
system at terms of this Contract shall not have deteriorated from its condition at the commencement of the
Contract other than from normal use wearing.
3.0 SERVICES PROVIDED (WASTEWATER)
The Service Provider agrees to perform or cause to be performed, the operation maintenance, and
administrative services listed in Schedule `B' to this Contract such that the wastewater collection system
in the defined service area, at the terms of this Contract, shall not have deteriorated from its condition at
the commencement of the Contract other than from normal use wearing.
4.0 SERVICES PROVIDED (BILLING AND CUSTOMER SERVICE)
The Service Provider agrees to perform or cause to be performed, the billing, meter reading,
customer service, emergency response, etc., as listed in Schedule B to this contract in a high quality, cost
effective manner. Any changes to meter reading system that increases costs shall be approved through
the budget process by the County and prior to implementation.
5.0 PROTECTION OF WORK AND PROPERTY
The Service Provider shall protect the County's property and property adjacent to the system
from damage and shall be responsible for damage due to negligence, which may arise as a result of their
operations.
Should the Service Provider in the performance of this contract damage the system, the County's
property or property adjacent to the system due to negligent acts, the Service Provider shall be responsible
for the repairing of such damage at their expense.
6.0 PERFORMANCE OF SERVICES
The Service Provider will maintain the water distribution system and the wastewater collection
system in compliance with all applicable laws, regulations and authorizations using qualified staff and
meeting all safety requirements, and applying modern practices, equipment and techniques in the
performance of this Contract.
7.0 THE COUNTY SEWER USE BY-LAW
The County Sewer Use By-law #2719-87 or any future amendment to this by-law shall be
complied with in the performance of the Service Provider.
8.0 THE COUNTY WATER USE BY-LAW
The County Water Use By-law #4007-2000 or any future amendment to this by-law shall be
complied with in the performance of the Service Provider.
9.0 INDEMNIFICATION OF THE COUNTY
The Service Provider shall exonerate, indemnify and hold harmless the County, its officers,
employees and agents from and against any and all Claims which may be suffered or incurred by, accrued
against or be charged to or recoverable from the County that are caused by the Service Provider's
negligence or wilful misconduct when performing the Services. The County shall be deemed to hold the
provisions of this section for the benefit of the County's officers, employees and agents as third party
beneficiaries under this Contract.
10.0 INSURANCE
The Service Provider shall arrange and maintain for the period of this Contract insurance
coverage meeting the terms and requirements contained in Schedule `D', with respect to public liability
and the infrastructure satisfactory to the County, and the County shall be an additional insured under the
coverage. The County shall, at its cost, maintain additional insurance in respect to public liability and the
infrastructure.
Page 3
11.0 FURTHER ASSURANCES
Each of the County and the Service Provider will from time to time execute and deliver all such
further documents and instruments and do all acts and things as the other party may reasonably require to
effectively carry out the provisions of this Contract.
12.0 ONTARIO 'WATER RESOURCES ACT
This Contract is subject to the Ontario Water Resources Act, as amended and any legislation
substituted therefore from time to time together with the regulations made thereunder.
13.0 TERM OF CONTRACT
This Contract shall begin on January 1, 2007 and shall continue in effect until December 31,
2010.
14.0 TERMINATION OF CONTRACT
Termination of Contract may be carried out with six months notice at the request of either party.
15.0 ARBITRATION
Arbitration in the manner stipulated herein shall resolve any dispute that may arise in relation to
this Contract, including construction, performance, or payment thereof, shall be determined by arbitration,
save and except for any dispute or issue arising in respect of Paragraphs 12, 13 and 15 of this Contract.
Arbitration of a dispute shall be commenced by written notice to a party requesting arbitration
and identifying the issue or issues of arbitration. Within thirty (30) days of the date of the notice, a single
arbitrator shall be appointed, if the parties agree upon one. If the parties cannot agree upon one arbitrator,
then three arbitrators shall be appointed; one by each party, within sixty (60) days from the date of the
notice and the third arbitrator is to be chosen by the first two arbitrators at least ten (10) days prior to the
commencement of the arbitration. The date of commencement of the arbitration and all rules of
procedure for the arbitration shall be by agreement of the parties, or if no agreement can be reached, then
as determined by the arbitrator or Chair of the arbitration panel. All such decisions made by the arbitrator
or Chair of the arbitration panel are final and binding and not subject to appeal. The provisions of the
,Arbitration Act, 1991, S.O. 1991, C. 17, as amended, or any successor legislation shall apply to the
arbitration.
All decisions of the arbitrator or arbitrators, as the case may be, shall be made in writing and shall
be delivered to all parties within ten (10) days from the conclusion of the arbitration. All decisions shall
be final and binding upon the parties, their respective successors and assigns, and shall not be subject to
appeal.
Each party shall pay its own costs incurred in respect of the arbitration.
16.0 NOTIFICATION
Notification required or desired to be given to either of the parties in connection with this
Contract or arising therefrom shall be in writing and shall be given by prepaid post or hand delivery to the
individuals noted at the following addresses:
(a) to the Director of Operations at the Town of Tillsonburg at the Municipal Offices at:
200 Broadway Street, Tillsonburg, Ontario N4G SA7
(b) to the Director of Public Works of the County at: P.O. Box 1614 Court House, 415
Hunter Street, Woodstock, Ontario N4S 7Y3. As of April 2008, the address will change
to P.O. Box 1614, 21 Reeve Street, Woodstock, Ontario N4S 7Y3.
or to such address or individual as may be designated by written notice to the other party. Any notice
given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery
hereof and if sent by prepaid post, on the third day after mailing.
If delivered in person or transmitted by fax, such notice or other communication shall be deemed
to have been given and received on the day on which it was delivered or transmitted (or if such day is not
a Business Day, on the next following Business Day).
A party to this Contract may change its address for the purpose of this Section by giving the other
party notice of such change of address in the manner provided in this Section.
Page 4
17.0 AMENDMENTS TO THE TERMS OF CONTRACT
Amendments to the terms of Contract and policies subject to any provisions of the Contract to the
contrary, may be made with the consent of the parties and any and all amendments shall be in writing and
executed by both parties. All amendments shall be supplemental and form part of this Contract.
18.0 CONTRACT HEADINGS
Contract headings are for purposes of reference only and shall not be read or construed so as to
abridge or modify the meaning of any provision in the main text of this Contract.
19.0 COMPLIANCE WITH APPLICABLE LAWS
This Contract shall be constructed in accordance with the laws of the Province of Ontario.
20.0 SUCCESSORS AND ASSIGNS
This Contract will ensure to the benefit of and be binding upon the parties and their successors
and assigns, respectively.
21.0 CONTRACT TO GOVERN
If there is any inconsistency between this Contract and any Schedule to this Contract, this
Contract shall govern.
22.0 ENTIRE CONTRACT
This Contract constitutes the entire agreement between the Service Provider and the County with
respect to the subject matter hereof and cancels and supersedes any prior understandings, undertakings,
representations, warranties, terms, conditions and agreements whether collateral express, implied or
statutory, between the Service Provider and County with respect thereto.
23.0 SURVIVAL
All representations, warranties and indemnities given by the parties shall survive indefinitely the
termination of this Contract.
24.0 SEVERABILITY
If any covenant, obligation or provision thereof to any person or circumstance shall, to any extent
be invalid or unenforceable, the remaining provisions or the application of each provision to persons or
circumstances other than those as to which is invalid or unenforceable, shall not be affected thereby and
shall continue to be valid and enforceable.
FINANCIAL OBLIGATIONS OF THE CONTRACT
25.0 PAYMENT FOR SERVICES
Payment for services shall be made upon receipt of fully supported invoice submitted to the
County of Oxford Public Works Department and in accordance with the times and criteria established in
Paragraphs 26 to 33 inclusive in this Contract. The format for the financial reporting shall be in
accordance with Schedule `C' to this Contract.
26.0 PAYMENTS TO COUNTY
The Service Provider shall remit all billed water and wastewater revenues to the County on a
monthly basis on or before the last calendar day in the month immediately following. The Service
Provider shall submit a summary for all revenue in the format outlined in Schedule C. Revenue will
include all residential, commercial and industrial billing, connection fees, bulk water sales, by-law
infraction fines, local improvement charges or charges pursuant to the Municipal Act.
The Service Provider agrees that subject to receipt of payment from the County pursuant to
Section 29.0 that there will be a penalty for late payment to the County pursuant to this section of the
agreement as follows:
i) submission of payment later than the last calendar day of the month for the second time
in a calendar year shall be subject to a penalty of $0.25 per customer;
ii) submission of payment later than the last calendar day for the third time in a calendar
year shall be subject to a penalty of $0.50 per customer;
Page 5
iii) failure to submit the payment for the previous month by the due date of the next month
shall be subject to a penalty of $1.00 per customer;
iv) this provision begins with the execution of this agreement.
27.0 UNPLANNED EXPENSES
Unplanned expenses means unanticipated expenditures that the Service Provider incurs beyond
those planned for in order to address system failure, acts of third parties, replacement of collapsed sewers,
repair of failed watermain, broken service connections, storm damage, or other circumstances beyond the
Service Provider's reasonable control. The Service Provider shall obtain prior or approval from the
County in circumstances where time permits. The County recognizes some expense will be incurred in
order to stabilize emergency situations including the repair of services and roads that require immediate
attention. The Service Provider will follow up with the County on the next business day to confirm action
taken, planned action and approval of expenses.
28.0 BAD DEBTS (CONSUMER)
The Service Provider shall exercise utmost efforts to minimize the bad debts associated with the
water and wastewater billings, which shall include but not be limited to the general procedures outlined in
County Policy 6.3 Receivable Management with the following exceptions:
i} the Service Provider shall charge an interest rate of 18% on overdue accounts; and
multi -unit properties within the jurisdiction subject to this agreement are exempt until
such time as the impending County water and wastewater rate policies for these
properties have been appropriately communicated to the respective property owners and
the rate policy provisions take effect.
Water and wastewater charges outstanding for greater than 90 days should be collected in the
manner outlined in Appendix A of the County Policy 6.3.
By March 31" of the year following, the Service Provider shall submit a listing of any bad debt
to be written off for approval of the County.
29.0 PAYMENT TO SERVICE PROVIDER
The County shall make payments to the Service Provider on a monthly basis for all operations
and maintenance and customer service. Payments shall be made on or before the fifteenth (15) of each
month. The monthly payments shall be one twelfth (1/12) of the annual budget contained in the "Water
Distribution Report" and the "Wastewater Collection Report" as submitted annually by the Service
Provider and approved by the County in the format contained in Schedule `C' to this Contract. Payment
for Capital works shall be made as outlined in Section 31.0 and will not be included in the monthly
payments.
The County agrees that there will be a penalty for late payment to the Service Provider pursuant
to this section of the agreement as follows:
i) submission of payment later than the last calendar day of the month for the second time
in a calendar year shall be subject to a penalty of $0.25 per customer;
submission of payment later than the last calendar day for the third time in a calendar
year shall be subject to a penalty of $0.50 per customer;
failure to submit the payment for the previous month by the due date of the next month
shall be subject to a penalty of $1.00 per customer;
iv) this provision begins with the execution of this agreement.
After the financial report in July, the County may adjust the monthly payments where
expenditures are less than the budgeted amounts.
30.0 OPERATIONAL REPORT TO COUNTY
Operational Reports shall be submitted by the Service Provider to the County within forty five
(45) calendar days from the end of the months of June and December of each year. The Report shall
include a summary briefly describing the Service Provider's activities to date and progress on
maintenance and operation activities, amount of budget spent, amount spent on unplanned repairs or
works, and all items of the approved budget that have been or are expected to be exceeded.
Page 6
31.0 PAYMENT TO SERVICE PROVIDER FOR EXTRAORDINARY EXPENSES
The County shall remit to the Service Provider additional payment, over and above the monthly
payment amount as determined by the Financial Report provided the exceedances are greater than ten
thousand dollars ($10,000.00) in the immediately previous quarterly period. The items and areas of
exceedance shall be in accordance with the terms of this Contract and approved by the County. Approval
of payment shall not be withheld by the County for substantiated overages or items that are in reasonable
accordance with the terms and intent of this Contract.
Payment shall be remitted by the County on or before the thirtieth (30) of the month immediately
following the quarterly period in question.
The County agrees that there will be a penalty for late payment to the Service Provider pursuant
to this section of the agreement as follows:
submission of payment later than the last calendar day of the month for the second time
in a calendar year shall be subject to a penalty of $0.25 per customer;
ii) submission of payment later than the last calendar day for the third time in a calendar
year shall be subject to a penalty of $0.50 per customer;
iii) failure to submit the payment for the previous month by the due date of the next month
shall be subject to a penalty of $1.00 per customer;
iv) this provision begins with the execution of this agreement.
32.0 PAYMENT TO SERVICE PROVIDER FOR CAPITAL 'WORKS
Payment shall be remitted to the Service Provider by the County for all capital works invoiced,
completed and within the Approved Annual Budget. Progress and other payments shall be made within
thirty (30) days of receipt of a fully substantiated invoice from the Service Provider for the capital works.
The County agrees that there will be a penalty for late payment to the Service Provider pursuant
to this section of the agreement as follows:
submission of payment later than the last calendar day of the month for the second time
in a calendar year shall be subject to a penalty of $0.25 per customer;
ii) submission of payment later than the last calendar day for the third time in a calendar
year shall be subject to a penalty of $0.50 per customer;
iii) failure to submit the payment for the previous month by the due date of the next month
shall be subject to a penalty of $1.00 per customer;
iv) this provision begins with the execution of this agreement.
33.0 ANNUAL, RECONCILIATION
The Service Provider will remit a cheque to the County when the total expenditures were less
than the payments by the County to the Service Provider for the fiscal year. Where the expenditures
exceed the payments by the County, and the expenditures are approved by the County, the County will
pay the Service Provider within thirty (30) days.
34.0 COUNTY OF OXFORD WATER AND WASTEWATER POLICIES
The Service Provider agrees to implement all current County of Oxford water and wastewater
policies which include but are not limited to the following:
1) Connection fees for new water or sewer services
2) Inspection and repair of sewer laterals
3) Provision of water or sewer services to unserviced properties
4) Collection procedures for bad debts
5) Backflow prevention
6) Water metering policies
7) ''Water service shutoff and reconnections
8) Customer Service policies
Page 7
35.0 ROLLING STUCK, MAJOR EQUIPMENT
The Service Provider shall purchase, lease or rent all rolling stock (trucks, etc.) and major
equipment required to fulfill the operations and maintenance requirements of this Contract. However, the
Service Provider will have to provide their own business case for purchase, lease or rental of this
equipment to their Council or Owner.
The County, through the annual budgets, will only pay for the hours that this equipment is used
under this Contract.
The rates paid for equipment rental will be compared to the County equipment costs, industry
standards and other Service Provider's rates within the County.
The County may consider the purchase of rolling stock or major equipment if the equipment is to
be used exclusively by the County Water or Wastewater Systems. In such an event, the equipment will be
owned by the County. The Service Provider shall obtain written permission of the County to proceed
with any such purchases. The County may request a business case to be presented to substantiate such a
purchase.
IN WITNESS WHEREOF THE PARTIES HAVE DULY EXEC U THIS Contract on the date first
above written:
THE CORPORAMN OF THE TOWN OF TILLSONBURG
hen Mayor
David C. Morris Chief Administrative Officer
COU TY OF OXFORD
A- Oft
Paul J. Holbrough Warden
Kenneth J. Whiteford CAO/Clerk
Page 8
Schedule `A' and `A-1'
Map of Service Area Limits — water Distribution
Map of Service Area Limits — Sewage Collection
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250mm
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400mm
450mm Water Distribution
500MM Opef**t and Mointained
Proposed Rew WICtermoin county of Ohor� Town of Tillsonburg
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Schedule `B'
Services Provided (Water and Wastewater)
Schedule `B'
Services Provided (Water & Wastewater)
The Service Provider shall be responsible for the provision of customer service activities,
routine maintenance, capital construction works, equipment and parts inventory, office space,
maintenance of records and the provision of reports. The specific tasks of the Service Provider
shall be reviewed with the County from time to time and amended as deemed necessary by the
County. If necessary, financial remuneration will be amended to reflect changes in the Service
Provider duties.
Specific Service Provider tasks are not limited to but shall include the following areas of
duty:
1.0 Customer Service and Emergency Response
The Service Provider shall:
- retain administrative staff to answer all customer inquires relating to the water
distribution system and wastewater collection system (i.e. water quality, pressure,
and flows and any sewage collection blockages, odours and backups)
- retain administrative staff to document all significant inquires along with the action
taken and prepare monthly summaries of customer inquires for submission to the
County
retain administrative staff to prepare work orders, field orders and financial recording
in accordance with the Water Distribution Report and Wastewater Collection Report
included in Schedule `C' of this Contract
retain administrative staff to record any customer inquiries related to the County and
notify the County by fax or email as soon as possible or within 48 hours
promote water conservation programs
promote infiltration reduction programs
promote and police adherence to the Water Use By-law
provide emergency response to urgent customer inquiries on a twenty-four (24) hour
a day basis, including an emergency response backup procedure. The Service
Provider will provide a written document outlining these procedures for approval by
the County
locate water services and curb stop valves within 48 hours of request and as soon as
practical in emergencies
locate sanitary laterals within 48 hours of request and as soon as practical in
emergencies
maintain and update `plans' and `locate records'
- communicate emergency customer service issues and emergency response issues to
the County. Communication should be with the Public Works Department during
regular business hours and with the emergency on-call South Area Water Treatment
Pager (519)536-0049 or as changed in the fixture) for after hours. The County agrees
to communicate with the Town regarding emergency customer service issues and
emergency responses that may impact customer service.
Page B-1
2.0 Routine Maintenance
2.1 'Water Distribution System Maintenance
The Service Provider shall:
Flush watermains annually. Biannual or more frequent flushing will be undertaken as
required and approved by the County
Foam swab the water distribution system as budgeted for and approved by the
County
verify the operability of all system hydrants, main valves and blow -offs following a
systematic program that is recorded electronically
winterize hydrants
- inspect all contractor and sub -contractor works
- paint all hydrants on a regular basis
maintain properly licensed system operators meeting or exceeding all Provincial
requirements
repair as necessary water distribution mains, water services, hydrants, valves,
blow -offs, and meters as necessary
carry out a maintenance and replacement program for residential, commercial and
industrial flow meters. This program shall be documented and approved by the
County.
- carry out a backflow prevention program when developed and implemented by the
County.
- as requested assist the County in carrying out pressure tests and/or hydrant flow tests.
2.2 wastewater Collection Maintenance
The Service Provider shall:
- inspect and document all manholes for infiltration and any other signs of deterioration
- repair manholes
- maintain properly licensed system operators meeting or exceeding all Provincial
requirements.
- clean by flushing wastewater collection system following a program approved by the
County or as necessary in emergency conditions. The approved program will detail
the frequency of flushing in certain areas and the time frame to complete flushing of
the entire collection system
- inspect service laterals using camera or other approved means and maintain accurate
records of any blockage location to enable assessment of repair costs accurately. The
initial and final costs of inspection of a service lateral, in response to a customer
request, shall be borne by the system. Subsequent calls to assist plumbers, etc. for
work on private property shall be subject to a fee to the landowner as per the County
of Oxford policy
- repair as necessary sanitary collection mains, service lateral connections and
manho 1 es
assist with flow monitoring when requested by the County
Page B-2
3.0 Capital Construction Works
The Service Provider shall:
- retain professional staff to complete engineering services for design, tendering,
supervision, and construction of approved capital construction works. Preliminary
engineering for capital projects are to be approved and paid in the year the
engineering is incurred.
- prepare proposals including detailed cost estimates and submit same to the County for
approval for construction of service to accommodate growth for planned extensions
included in approved capital programs
- prepare proposals including detailed cost estimates and submit same to the County for
approval for construction to accommodate growth by the alteration of existing
infrastructure by upsizing of existing infrastructure, infrastructure retrofitting and/or
replacement
- prepare proposals including detailed cost estimates and submit same to the County for
approval for construction of infrastructure replacements (i.e. sewer replacements,
manhole rebuilds, lateral replacements, watermain service, hydrant and valve
replacement)
- the Town's administrative costs for capital works shall be billed along with the actual
construction costs. The administrative costs may be billed on an actual hourly basis
(including overhead) or as a percentage of the construction cost, less GST, with a
maximum percentage of 10%
4.0 Development Services
The Service Provider shall:
be an active participant in Class Environmental Assessments undertaken by the
County for the Tillsonburg Water and Wastewater systems. Where such studies
involve infrastructure solely within the scope of this agreement the County may
authorize the Town to undertake the Class EA on its behalf.
invite the County to be an active participant on the project team for Secondary
Planning Studies.
retain professional staff to review and approve engineering drawings for the public
sewer and water components of subdivisions and new developments in accordance
with standards established by the County. Review and approval of booster pumping
stations and sanitary lift stations will be the responsibility of the County. All
modelling activities are to be conducted by the County.
_ forward MOE certificate of approval applications for sewer and water services, and
recommend their approval for signature by the County.
- provide budget estimates of sewer/water oversizing costs in accordance with County
policy and submit same to County
inspect and approve sewer and water installations in accordance with standards
established by the County.
- maintain adequate financial security on behalf of the County for the completion of all
water and sewer services required by subdivision or severance agreement.
- provide development charge eligible sewer and water infrastructure estimates for a
development charge study.
- provide sewer and water related comments on Official Plan, Zone Change, Consent
to Sever, Subdivision, Site plan and Minor Variance applications.
Page B-3
- assist with obtaining easements on behalf of the County for municipal sewer and
water services in new developments.
5.0 Special Programs
The Service Provider shall:
- retain administrative and professional staff to administer special programs related to
sewer and water services where directed by the County, including asset management,
Bill 175, PSAB 3150 with such cost and policies to be discussed and agreed upon
through the annual budgeting process.
- Maintain an electronic database of sewer and water infrastructure in a format that is
acceptable to the County
- assist the County with the implementation of the Drinking Water Quality
Management Standard and undertake all necessary steps to achieve and retain
accreditation.
6.0 Equipment and Parts Inventory
The Service Provider shall:
- provide or arrange for the provision of all equipment necessary to make required
emergency repairs to the water and wastewater systems (i.e. backhoes, trucks,
compaction equipment, video cameras, etc.)
- maintain an appropriate level of repair materials, tools, and equipment to make such
repairs on water meters, hydrants, valves, curb stops, main stops, watermain repair
sleeves, service tubing, sanitary sewer mains, manhole covers, sanitary laterals and
manhole appurtenances
- prepare and submit to the County for approval a report including detailed cost
estimates, quotations, etc., for all equipment owned and used for the operation and
maintenance of the water distribution and sewage collection systems including parts,
tools, system materials and record keeping equipment
- prepare and submit to the County for approval, a report including detailed cost
estimates, quotations, etc., for all equipment leased or rented and used for the
operation and maintenance of the water distribution and sewage collection systems
including parts, tools, system materials, and record keeping equipment including but
not limited to rolling stock, computers, office space, communication equipment,
pickup trucks, etc.
the Service Provider shall follow the Town of Tillsonburg's purchasing policy
adopted by By-law 3140 dated December 13, 2004 for all purchases subject to this
agreement. County approval is required prior to the purchase of items that are
budgeted for in the amount of $25,000 or greater in value.
7.0 Recording and Reporting
The Service Provider shall ensure:
- records shall be prepared and maintained and submitted to the County on an annual
basis outlining all maintenance related and system upgrading and expansion
operations. These records shall include but not be limited to visual inspections, video
inspections and routine tracking systems. The records shall describe how the
activities promote the maintaining of the infrastructure and shall correlate the
activities to the associated costs. All records shall be ultimately the property of the
County.
Page BA
a draft annual budget including proposed capital works, shall be prepared and
submitted to the County for approval for the coming year prior to October 31" of the
current year. The budget shall follow a format acceptable to both parties for financial
items and shall include a 5 year capital upgrade plan and a description of the planned
activities for the upcoming year. Any changes to the proposed budget that include
items that are more than inflationary need to be accompanied by backup information
in a Business Plan format. This includes changes to FTE contingent. The final budget
is subject to Council approval and has a target completion date of first quarter of the
budget year.
- A presentation of the proposed budget is to be made to County Public Works
Department staff in November of each year.
- the Service Provider agrees to provide the County with all the information relevant to
the Provincial Municipal Performance Measures Program by March 3151 of the
subsequent year. This information will include but not be limited to:
I ) operating costs for the collection of sewage per kilometre of sewer line
ii) number of sewer main backups per kilometre of sewer line
Ili) operating costs for water distribution per kilometre of distribution pipe
iv) number of breaks in watermains per kilometre of water pipe
8.0 Billing and Collections, Customer Service
The Service Provider agrees to retain staff and equipment to provide billing and
collection services in an effective and efficient manner. The components of this service
are listed but not necessarily limited to the following:
a) Bill and distribute water and sewer accounts monthly for County water and sewer
customers.
b) Provide meter -reading services for water and sewer accounts.
c) Provide customer service and call centre functions for County water and sewer
customers, including initial dispute resolution with system customers.
d) Coordinate with the County staff and the service providers operational staff regarding
customer operational and service order requests.
e) Generate and communicate customer service calls to County water department on a
timely basis.
f) Coordinate with County for after-hours on-call service procedures.
g) Send out reminder and overdue notices and collection cards/cut-off notices on
delinquent accounts.
h) Provide cash payments and cash gathering services for water and sewer monthly
revenues.
i) Prepare and submit a list of bad debts in accordance with section 28.
j) Maintain customer records including payment, billing and consumption histories.
k) Maintain water and sewer rates databases.
1) Remit monthly water and sewer billings to the County as per Section 26.0 of this
agreement.
m) Maintain statistical database for water and sewer customers including service order
history and water meter data and submit monthly reports to the County.
n) Provide Management Information services relating to water and sewer billings
including monthly billing and consumption data by meter, customer, billing cycle
and by community.
o) These services shall be performed for the following community:
• Town of Tillsonburg and all customers outside the corporate limits that are
connected to the water and wastewater systems.
Page B-5
The County shall pay to the Service Provider the bad debts written off, within 30 days of
receiving the listing outlined in section 28.0 of this agreement.
The cost for Customer Service shall be continued as part of the annual budget discussed in
Section 5.0. The cost for Customer Service will be calculated on a flat rate monthly cost per
customer, adjusted monthly to reflect changes in the customer base. For the purposes of this
contract, the per customer monthly cost is as follows:
• January 1, 2007 — December 31, 2007 $3.22
• January 1, 2008 — December 31, 2008 $3.32
• January 1, 2009 — December 31, 2009 $3.60
• January 1, 2010— December 31, 2010 $3.71
RESPONSIBILITY MATRIX
*Note: County comments to scoped and limited to implementation of Development Ltlarge
projects, water modeling, and calculation of oversizing costs.
Page B-6
Sanitary
Sanitary
Sewer
Water
Pumping
Water
j
System
Distribution
Stations
Storage
(inclusive of
System
(inclusive of
Reservoirs
trunks)
forcemains)
Existing Systems
Operations
Town
Town
County
County
Special Initiatives Related To
Existing System
Town
Town/County
County
County
Capital Planning/Budgeting For
Town
Town
County
County
Rehabilitation/Replacement
Asset Management
Town
Town
County
County
Capital Design Construction For
Town
Town
County
County
Rehabilitation/Replacement
Operational
Policy/Bylaws/Minimum Level Of
County
County
County
County
Service Standards
Growth Systems
Secondary Planning
Town/Count
Town/County
Town/County
County
EA
Town/County
Town/County
County
County
Planning Applications (OP, Zone
Change, Severance, Subdivision,
Town/County
Town/County
County
County
Site Plan)
Capital Planning/Budgeting For
System Expansion/Up-sizing Of
Town
Town
County
County
Infrastructure
Capital Design & Construction For
System Expansion/Up-sizing Of
Town
Town
County
County
infrastructure
Drawing Review (subdivisions,
Town*
Town*
County
County
etc.
Calculation Of Cost Sharing (DC)
Town/Coun
Town/County
County
County
Development Charge Calculations
Town/County
Town/County
County
County
Authorization Of C of A
County
County
County
County
Applications
Water Modeling
County
County
N/A
County
Design Standards/Development
Town/County
Town/County
County
County
Policy
*Note: County comments to scoped and limited to implementation of Development Ltlarge
projects, water modeling, and calculation of oversizing costs.
Page B-6
Schedule `C'
Services Reporting Format
Schedule 'C' The Towrr of rusonburg
Service Reporting Format Profit and Loss - Water
Illustrative - Nor Inclusive Tburg. 7640 - Water ins
For the Twelve Months Ending December 31. 2007
December YTD 2007 Bud4et varbAc!
Revenues;
70-270-7640.000-3300 Water - Water Mains - Misc Rev
Total Revanues
Expendlttues:
70-270.76x0.000-5001 water - Water Mains - FR f'A
70-270.7640.000-5100 Water - Water Mains - fleet
70.270.7640.000-52DO Water • Water M&S - Mater+dslfnv,
70-270.7640-000.5300 Water - WOW Mains - SUP08S
70-270.7640.000.5310 Water - Water Mains - Eq* S&A
70-270-7640.000-5400 Water - Water Mains - MiSC EGD
70.270.7640.000-5505 Water - Watar Mains - Subcon EXP
Toted Exoenddures
Net levy:
70-270-76404043300 Waiec - Water Mains - Misc Rev
70.6747644.000-5001 Wale[ - W&W Mains - W RQt
70-270-7640.000.5100 Water - Water Matins - Reet
70-270.7640-000.52DO Water - Water Mains - MateciatSAnv
70.270.7640.000.5300 Water - Waer Mains - Supplies
70-270.1/640.000.5310 Water - Water Matins - Equip W
7o-z7F764o-WO.4404 water - water Matto - Misc Ext
70.27D-7640.OM5505 Water - Water Mains - Subcon Exp
Total Nei Levu
Revenues:
711-270-7641-000.3300 Water - Water Setvloes - Misc Rev
Total Revervaes
Expencfituros:
70.270 -7541 -OW -5001 Water - Water Services - F(T Reg
70.27'0-7"1-000.5100 Water -Water Servit:2s - Fleet
70.270.7641-000-5200 Water - Water St vices - M811WlaW11W
70-270-7641-000-5300 Water - Water Services - Supplies
7D-270-7641-000-5505 Water - Water Services - Subron Exp
Total ExpentlittNes
W Levyi
:0-270-7541.000-3300 Water - Waw Services - Misc Rev
70-270-7641-0DO-5001 Water - Water Services - FIT Reg
70.2747641-000-5100 Water - Water Services - Rees
70.270-7641-000.5200 Water • Water Services - Mawdalsllnv
70.277.7641-0(X.5300 W31& - Water Services - Supolles
70 ZM-7541400.5505 Water- Water Services - Subcon £xp
Total Net Levy
ExpencMures:
7D-270.7642.0)0.5001 Water - Water Hycirwts - FfT Req
70.270.nQ-OM5100 Water - Watlar t*drants - FIM
?0.27D-7W4W-S2a0 Water - Whet hydrants - MatenatsAnv
70.270.7642-000.5300 Water - Water "rint5 - Supplies
70-270-7642-000,5400 Water - Water Hyarartts - Wissc Exp
70.270-7642-000.5505 Water - Water Hydrants - Subcon Exp
Total Exper4twes
Net Levy.
70-21' 0-7642-&30- i vrater - Water Kytirants - F/ s Reg
70.270-7642-000.5100 Water - watt:• t°lyorarac - F169t
:a-270.76.:2.000.5200 War- Wat3r Hydrants - tutateriaWkw
70470.71342.000.5300 Water - Water HydcaM • Suot>sea
70.270.7642400.5400 Water - WMV HV*Bni5 - Miisc exR
70-270-7442-o0D-5405 Water - Wrier HYI*3rts - Subcon Exp
Tatat Nei l evY
Etc. For Water
Wastewater Colection indentOied separately
0.00
0.00
D.W
0.00
w 0.00
0.00
0.00
0.00
0.00.
0.00
0.00
0-00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.DO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
........... 0.00
0.00
0.00
0.00
0.00
0.00
0.DO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
OAO
0.00
0.00
0.00
0.00
4.Q0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
---------------0.00 -..---N......r
0.00
aoa
0.00
The Town of TYkanburg
Profit and Loss - Water
Tburg.7641 - Water Services
For the Twelve Months Endrgi Decenftr 31. 2D07
December YTD 2047 OlAget variance
0.00 0.00 x00 0.00
0.00 0.00
0.00
0.00
0.00 0.00
040
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
Q.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
CLOG
0.00
0.00 0.00
0.00
0.00
0.00 om
CLOD
D.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
�.� ------------ 000 ._.......»_».
0.00
0.00
The Town of TdlsonWrg
Profit and Loss . Water
Tburg. 7642 - Water Hydrants
For the Tvrelve Months EndnG December 31.
2007
December YTO 2007 §!eW
Wdance
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.04 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
D.OD
u.iiu
0.00 0.00
0.00
0.00
CLOD 0.00
0.00
0-4m
0.00 0.00
0.00
a00
0.00 0.00
0.00
0.00
0.00 O.OD
0.00
0.00
._....-----------D 00 .....r..---•--0.00 .........
0.00
0.00
Schedule `D'
Insurance
The County, as owner of the water and wastewater systems, will obtain insurance to
cover the following items:
1 } Property and buildings owned by the County and associated with the water and
wastewater systems.
2) Boiler and machinery insurance for water and wastewater plants.
3) Equipment and vehicles owned by the County.
The following items will not be covered by the insurance policy obtained by the County:
1) Vehicles or equipment owned by the Service Provider.
2) Liability insurance for negligent acts carried out by employee of the Service
Provider.
3) Liability insurance for water and wastewater operations that the Service Provider
undertakes as outlined in the contract.
The Service Provider agrees to obtain insurance to cover the liability associated with all
operations that they undertake or that private contractors undertake on their behalf for the County
under this Contract and hold the County harmless for liability claims related to the operations of
the Service Provider. The insurance policy shall be approved by the County and an insurance
certificate shall be provided to the County in the amount of S 10,000,000