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3647 Schedule "A" - To Authroize an agreement between the Corporation of the Town of Tillsonburg and the County of Oxford for water and sanitary sewage - Operations/Engineering Services ContractWATER DISTRIBUTION, SEWAGE COLLECTION AND ENGINEERING SERVICES CONTRACT BETWEEN COUNTY OF OXFORD AND TOWN OF TILLSONBURG Table of Contents SECTION PAGE I.0 Definitions 2 2.0 Services Provided (Water) 3 3.0 Services Provided (Wastewater) 3 4.0 Protection of Work and Property 3 5.0 Performance of Services 3 6.0 The County Sewer Use By-law 3 7.0 The County Water Use By-law 3 8.0 Indemnification of the County 3 9.0 Insurance 3 10.0 Further Assurances 3 II.0 Provincial Legislation 4 12.0 Initial Term of Agreement 4 13.0 Termination of Agreement 4 14.0 Arbitration 4 15.0 Notification 4 16.0 Amendments to the Terms of Agreement 4 17.0 Agreement Headings 5 18.0 Compliance With Applicable Laws 5 19.0 Successors and Assigns 5 20.0 Agreement to Govern 5 21.0 Entire Agreement 5 22.0 Survival 5 23.0 Severability 5 24.0 Payment For Services 5 25.0 Payment To County 5 26.0 Unplanned Expenses 5 27.0 Bad Debts (Consumer) 5 28.0 Payment To Service Provider 6 29.0 Quarterly Financial Report To County 6 30.0 Quarterly Payment To Service Provider 6 31.0 Payment To Service Provider For Capital Works 6 32.0 Annual Financial Report To County 6 33.0 County of Oxford Water and Wastewater Policies 6 34.0 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 SERVICE CONTRACT THIS CONTRACT made in duplicate this Q??M day of S^f^l^^^^ 2012 BETWEEN: COUNTY OF OXFORD (COUNTY) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (SERVICE PROVIDER) OF THE SECOND PART WHEREAS section 12 of the Municipal Act, 2001 S.O. 2001 chap. 25, provides that the County of Oxford has exclusive authority and responsibility for the supply, treatment, storage and distribution of water and the collection and treatment of sanitary sewage in the County of Oxford. 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 of Tillsonburg. AND WHEREAS the Parties agree that the intent of this service contract is to provide high quality water distribution and sewage collection 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 be administered by the Public Works Department of the County of Oxford on behalf of the County, directly with the Service Provider. AND WHEREAS the Parties intend on consulting with each other about policy changes and, to the degree appropriate, considering the implications, financial and other, for the community and customers; NOW THEREFORE, THIS CONTRACT WITNESSETH that in consideration of the mutual covenants contained here, the Parties hereto covenant and agree as follows: Page 1 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-l, 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 clay 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 arid expenses incidental thereto) of any kind and nature whatsoever. 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 CB' to this Contract such that the County's water distribution system at terms of this Contract shall not nave 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 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. 5.0 PERFORMANCE OF SERVIC ES The Service Provider will maintain the water distribution system and the wastewater collection system in compliance with all applicable aws, regulations and authorizations using qualified staff and meeting all safety requirements, and applying modern practices, equipment and techniques in the performance of this Contract. 6.0 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. 7.0 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 tiie performance of the Service Provider. 8.0 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. 9.0 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. 10.0 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 oat the provisions of this Contract. Page 3 11.0 PROVINCIAL LEGISLATION This Contract is subject to the Ontario Water Resources Act and the Safe Drinking Water Act, as amended, and any legislation substituted therefore from time to time together with the regulations made there under. 12.0 TERM OF CONTRACT This Contract shall continue in effect and will automatically be renewed for successive one year periods unless either party provides the other party with no less than ninety days notice prior to the end of the term. 13.0 TERMINATION OF CONTRACT Termination of Contract may be c arried out with six months notice at the request of either party. 14.0 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, 7997, 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 part} shall pay its own costs incurred in respect of the arbitration. 15.0 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 5A7 (b) to the Director of Public Works of the County at: 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 giver 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. 16.0 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. Page 4 17.0 CONTRA CT 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. 18.0 COMPLIANCE WITH APPLICABLE LAWS This Contract shall be constructed in accordance with the laws of the Province of Ontario. 19.0 SUCCESSORS AND ASSIGNS This Contract will ensure to the benefit of and be binding upon the parties and their successors and assigns, respectively. 20.0 CONTRACT TO GOVERN If there is any inconsistency between this Contract and any Schedule to this Contract, this Contract shall govern. 21.0 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. 22.0 SURVIVAL All representations, warranties and indemnities given by the parties shall survive indefinitely the termination of this Contract. 23.0 SEVER ABILITY If any covenant, obligation or prevision 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. 24.0 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. 25.0 PAYMENTS TO COUNTY The Service Provider shall collect all miscellaneous water and wastewater revenues and shall remit the same to the County on a quarterly basis on or before the fifteenth calendar day in the month immediately following the quarter. Included with the payment to the County submitted by the Service Provider shall be a summary for all miscellaneous revenue. Miscellaneous revenue may include connections fees, bulk water sales, by-lav/ infraction fines, local improvement charges, etc. 26.0 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. 27.0 BAD DEBTS (CONSUMER) Page 5 The Service Provider shall exercise utmost efforts to minimize the bad debts associated with the miscellaneous water and wastewater billings which shall include but not be limited to the issuance of monthly reminders and statements. A summary of bad debt accounts and delinquent accounts shall be provided by the Service Provider to the County biannually on or before the first business day in the months of May and November of each year. 28.0 PAYMENT TO SERVICE PROVIDER The County shall make payments to the Service Provider on a monthly basis for all operations and maintenance. Payments shall be made on or before the fifteenth (15) of each month. The monthly payment shall be as set out in the planned cash flow in 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. After the second quarterly report in July, the County may adjust the monthly payments where expenditures are less than the budgeted amounts. 29.0 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. 30.0 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 (510,000.00) 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 C'ounty 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. 31.0 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. Progress payments to the Service Provider will be made by the County for projects that exceed $75,000.00 for water and/or sewer components. 32.0 ANNUAL RECONCILIATION An Annual Financial Report shall be submitted by the Service Provider to the County on or before February 28th for the preceding year. The Annual Financial Report shall be a summary of the Quarterly Financial Reports to the County and shall include a summary of the annual activities, maintenance costs, capital costs, and the total expenditures in relation to the approved budget. 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 ;he expenditures are approved by the County, the County will pay the Service Provider within thirty (30) days. 33.0 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 laterals3) Provision of water or sewer services to unserviced properties Page 6 4) Collection procec ures for bad debts 5) Backflow prevention 6) Water metering policies 7) Water service shutoff and reconnections 8} Water inspection costs recovered from private contractors 9} County Policy for sewer lateral maintenance 34.0 ROLLING STOCK, 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 the County. The County, through the annual budgets, will only pay for the hours that this equipment is used under this Contrac:. 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 EXECUTED THIS Contract on the date first above written: THE CORPORATION OF THE TOWN OF TILLSONBURG Coulter, Chief Administrative Officer COUNTY OF OXFORD Don Mcfcay, Wpfclen +LjA£tfL O //LVl^v ,....'. G1 e r k Page? Schedule 'A' and <A-1' Map of Service Area Limits - Water Distribution Map of Service Area Limits - Sewage Collection INSERT MAPS Page 8 Schedule <B' Services Provided (Water and Wastewater) Page 9 Schedule 'W 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 Emergency Response and Technical Customer Service The duties and requirements of frontline administrative staff that provide customer service through processing and directing customer inquiries are included in the Billing and Collecting Agreement between the County of Oxford and the Town of Tillsonburg and are not subject to this agreement. The Service Provider shall: retain administrative and technical 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 verbally as soon as possible and in writing of the inquiry 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 in accordance with policies and procedures as approved in the Drinking Water Quality Management System 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 in accordance with the communication requirements in the Drinking Water Quality Management System. The County agrees to communicate with the Town regarding emergency customer service issues and emergency responses that may impact customers PageB-1 2.0 OPERATION 2.1 Water Distribution System Operation The Service Provider shall generally perform operations in accordance with the Town of Tillsonburg Operating Authority's Operational Plan and all policies, procedures and documents associated with the County's Drinking Water Quality Management System. Specifically 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 sab-contractor works paint all hydrants on a regular basis maintain properly licensed system operators meeting or exceeding all Provincial requirements - repair and replace as necessary water distribution mains, water services, hydrants, valves, blow-offs, and meters as necessary - maintain adequate staff for purchasing and maintaining inventory to support the operation of the water distribution system. 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 perform water quality testing 2.2 Wastewater Collection System Operation 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 Page B-2 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 Ox ford policy repair and replace as necessary sanitary collection mains, service lateral connections and manholes. assist with flow monitoring when requested by the County. 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, watermains, services, 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 HST, 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 Environmental Appliance Approval (EGA) applications for sewers and completed Form 1's for watermains to 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. Page B-3 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 Zone Change, Consent to Sever, Subdivision, Site Plan and Minor Variance applications. 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: maintain an electronic database of sewer and water infrastructure in an ESRFs ArcMap format, georeferenced to UTM Nad83 Original coordinates 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 procurement policy 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 B-4 a draft annual budget including proposed capital works, shall be prepared and submitted to the County for approval for the coming year prior to September 30th 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 October 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 31st 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 iii) operating costs for water distribution per kilometre of distribution pipe iv) number of breaks in watermains per kilometre of water pipe. Page B-5 RESPONSIBILITY MATRIX Existing Systems Operations Capital Planning/EBudgeting For Rehabilitation/Replacement Asset Management Capital Design Construction For Rehabilitation/Replacement Operational Policy/Bylaws/Minimum Level Of Service Standards Growth Systems Secondary Planning EA Planning Applications (Zone Change, Severance, Subdivision, Site Plan) Capital Planning/Budgeting For System Expansion/Up-sizing Of Infrastructure Capital Design & Construction For System Expansion/Up-sizing Of Infrastructure Drawing Review (subdivisions, etc.) Calculation Of Cost Sharing (DC) Development Charge Calculations Authorization Of EGA and Forml Water Modeling Design Standards/Development Policy Sanitary SewerSystem (inclusive of trunks) Town Town Town Town County Town/County Town/County Town/County Town Town Town/County* Town/County Town/County County County Town/County Water Distribution System Town Town Town Town County Town/County Town/County Town/County Town Town Town/County* Town/County Town/County County County Town/County Sanitary Pumping Stations (inclusive of forcemains) County County County County County Town/County County County County County County County County County N/A County Water Storage Reservoirs County County County County County County County County County County County County County County County County *Note: County comments to scoped and limited to implementation of Development Charge projects, water modeling, and calculation of oversizing costs. Page B-6 Schedule 'C' Services Reporting Format INSERT TILLSONBURG SUBMISSION AS SCHEDULE C Schedule <D' Insurance Requirements Schedule 4D' 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 $10,000,000.